[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2007 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
47
Parts 20 to 39
Revised as of October 1, 2007
Telecommunication
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2007
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[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........ 501
Table of CFR Titles and Chapters........................ 503
Alphabetical List of Agencies Appearing in the CFR...... 521
Table of OMB Control Numbers............................ 531
List of CFR Sections Affected........................... 541
[[Page iv]]
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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.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
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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
placed as close as possible to the applicable recordkeeping or reporting
requirements.
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
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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
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(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.
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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INQUIRIES
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2007.
[[Page ix]]
THIS TITLE
Title 47--Telecommunication is composed of five volumes. The parts
in these volumes are arranged in the following order: Parts 0-19, parts
20-39, parts 40-69, parts 70-79, and part 80 to end, chapter I--Federal
Communications Commission. The last volume, part 80 to end, also
includes chapter II--Office of Science and Technology Policy and
National Security Council, and chapter III--National Telecommunications
and Information Administration, Department of Commerce. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of October 1, 2007.
Part 73 contains a numerical designation of FM broadcast channels
(Sec. 73.201) and a table of FM allotments designated for use in
communities in the United States, its territories, and possessions
(Sec. 73.202). Part 73 also contains a numerical designation of
television channels (Sec. 73.603) and a table of allotments which
contain channels designated for the listed communities in the United
States, its territories, and possessions (Sec. 73.606).
The OMB control numbers for the Federal Communications Commission,
appear in Sec. 0.408 of chapter I. For the convenience of the user
Sec. 0.408 is reprinted in the Finding Aids section of the second
through fifth volumes.
For this volume, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 47--TELECOMMUNICATION
(This book contains parts 20 to 39)
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Part
chapter i--Federal Communications Commission (Continued).... 20
[[Page 3]]
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
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SUBCHAPTER B--COMMON CARRIER SERVICES
Part Page
20 Commercial mobile radio services............ 5
22 Public mobile services...................... 24
23 International fixed public
radiocommunication services............. 113
24 Personal communications services............ 132
25 Satellite communications.................... 167
27 Miscellaneous wireless communications
services................................ 291
32 Uniform system of accounts for
telecommunications companies............ 386
36 Jurisdictional separations procedures;
standard procedures for separating
telecommunications property costs,
revenues, expenses, taxes and reserves
for telecommunications companies........ 453
37-39 [Reserved]
Supplementary Publications: Annual Reports of the Federal Communications
Commission to Congress.
Federal Communications Commission Reports of Orders and Decisions.
Communications Act of 1934 (with amendments and index thereto), Recap.
Version, January 1974, Packets No. 1 through 6.
Study Guide and Reference Material for Commercial Radio Operator
Examinations, May 1979 edition.
[[Page 5]]
SUBCHAPTER B_COMMON CARRIER SERVICES
PART 20_COMMERCIAL MOBILE RADIO SERVICES--Table of Contents
Sec.
20.1 Purpose.
20.3 Definitions.
20.5 Citizenship.
20.6 CMRS spectrum aggregation limit.
20.7 Mobile services.
20.9 Commercial mobile radio service.
20.11 Interconnection to facilities of local exchange carriers.
20.12 Resale and roaming.
20.13 State petitions for authority to regulate rates.
20.15 Requirements under Title II of the Communications Act.
20.18 911 Service.
20.19 Hearing aid-compatible mobile handsets.
20.20 Conditions applicable to provision of CMRS service by incumbent
Local Exchange Carriers.
Authority: 47 U.S.C. 154, 160, 201, 251-254, 303, and 332 unless
otherwise noted.
Source: 59 FR 18495, Apr. 19, 1994, unless otherwise noted.
Sec. 20.1 Purpose.
The purpose of these rules is to set forth the requirements and
conditions applicable to commercial mobile radio service providers.
Sec. 20.3 Definitions.
Appropriate local emergency authority. An emergency answering point
that has not been officially designated as a Public Safety Answering
Point (PSAP), but has the capability of receiving 911 calls and either
dispatching emergency services personnel or, if necessary, relaying the
call to another emergency service provider. An appropriate local
emergency authority may include, but is not limited, to an existing
local law enforcement authority, such as the police, county sheriff,
local emergency medical services provider, or fire department.
Automatic Number Identification (ANI). A system that identifies the
billing account for a call. For 911 systems, the ANI identifies the
calling party and may be used as a call back number.
Commercial mobile radio service. A mobile service that is:
(a)(1) provided for profit, i.e., with the intent of receiving
compensation or monetary gain;
(2) An interconnected service; and
(3) Available to the public, or to such classes of eligible users as
to be effectively available to a substantial portion of the public; or
(b) The functional equivalent of such a mobile service described in
paragraph (a) of this section.
Designated PSAP. The Public Safety Answering Point (PSAP) designated
by the local or state entity that has the authority and responsibility
to designate the PSAP to receive wireless 911 calls.
Incumbent Wide Area SMR Licensees. Licensees who have obtained
extended implementation authorizations in the 800 MHz or 900 MHz
service, either by waiver or under Section 90.629 of these rules, and
who offer real-time, two-way voice service that is interconnected with
the public switched network.
Handset-based location technology. A method of providing the
location of wireless 911 callers that requires the use of special
location-determining hardware and/or software in a portable or mobile
phone. Handset-based location technology may also employ additional
location-determining hardware and/or software in the CMRS network and/or
another fixed infrastructure.
Interconnection or Interconnected. Direct or indirect connection
through automatic or manual means (by wire, microwave, or other
technologies such as store and forward) to permit the transmission or
reception of messages or signals to or from points in the public
switched network.
Interconnected Service. A service:
(a) That is interconnected with the public switched network, or
interconnected with the public switched network through an
interconnected service provider, that gives subscribers the capability
to communicate to or receive communication from all other users on the
public switched network; or
(b) For which a request for such interconnection is pending pursuant
to
[[Page 6]]
section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B).
A mobile service offers interconnected service even if the service
allows subscribers to access the public switched network only during
specified hours of the day, or if the service provides general access to
points on the public switched network but also restricts access in
certain limited ways. Interconnected service does not include any
interface between a licensee's facilities and the public switched
network exclusively for a licensee's internal control purposes.
Location-capable handsets. Portable or mobile phones that contain
special location-determining hardware and/or software, which is used by
a licensee to locate 911 calls.
Mobile Service. A radio communication service carried on between
mobile stations or receivers and land stations, and by mobile stations
communicating among themselves, and includes:
(a) Both one-way and two-way radio communications services;
(b) A mobile service which provides a regularly interacting group of
base, mobile, portable, and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis) for
private one-way or two-way land mobile radio communications by eligible
users over designated areas of operation; and
(c) Any service for which a license is required in a personal
communications service under part 24 of this chapter.
Network-based Location Technology. A method of providing the
location of wireless 911 callers that employs hardware and/or software
in the CMRS network and/or another fixed infrastructure, and does not
require the use of special location-determining hardware and/or software
in the caller's portable or mobile phone.
Private Mobile Radio Service. A mobile service that is neither a
commercial mobile radio service nor the functional equivalent of a
service that meets the definition of commercial mobile radio service.
Private mobile radio service includes the following:
(a) Not-for-profit land mobile radio and paging services that serve
the licensee's internal communications needs as defined in part 90 of
this chapter. Shared-use, cost-sharing, or cooperative arrangements,
multiple licensed systems that use third party managers or users
combining resources to meet compatible needs for specialized internal
communications facilities in compliance with the safeguards of Sec.
90.179 of this chapter are presumptively private mobile radio services;
(b) Mobile radio service offered to restricted classes of eligible
users. This includes entities eligible in the Public Safety Radio Pool
and Radiolocation service.
(c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring
systems (part 90 of this chapter) that do not offer interconnected
service or that are not-for-profit; and
(d) Personal Radio Services under part 95 of this chapter (General
Mobile Services, Radio Control Radio Services, and Citizens Band Radio
Services); Maritime Service Stations (excluding Public Coast stations)
(part 80 of this chapter); and Aviation Service Stations (part 87 of
this chapter).
Pseudo Automatic Number Identification (Pseudo-ANI). A number,
consisting of the same number of digits as ANI, that is not a North
American Numbering Plan telephone directory number and may be used in
place of an ANI to convey special meaning. The special meaning assigned
to the pseudo-ANI is determined by agreements, as necessary, between the
system originating the call, intermediate systems handling and routing
the call, and the destination system.
Public Safety Answering Point. A point that has been designated to
receive 911 calls and route them to emergency service personnel.
Public Switched Network. Any common carrier switched network,
whether by wire or radio, including local exchange carriers,
interexchange carriers, and mobile service providers, that use the North
American Numbering Plan in connection with the provision of switched
services.
Statewide default answering point. An emergency answering point
designated by the State to receive 911 calls for either the entire State
or those portions
[[Page 7]]
of the State not otherwise served by a local PSAP.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996;
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan.
16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR 1648, Jan. 14, 2002]
Effective Date Note: At 72 FR 50073, Aug. 30, 2007, Sec. 20.3 was
amended by adding Automatic Roaming, Home Carrier, Home Market, Host
Carrier and Manual Roaming, effective Oct. 29, 2007. For the convenience
of the user, the added text is set forth as follows:
Sec. 20.3 Definitions.
* * * * *
Automatic Roaming. With automatic roaming, under a pre-existing
contractual agreement between a subscriber's home carrier and a host
carrier, a roaming subscriber is able to originate or terminate a call
in the host carrier's service area without taking any special actions.
* * * * *
Home Carrier. For automatic roaming, a home carrier is the
facilities-based CMRS carrier with which a subscriber has a direct
contractual relationship. A home carrier may request automatic roaming
service from a host carrier on behalf of its subscribers.
Home Market. For automatic roaming, a CMRS carrier's home market is
defined as any geographic location where the home carrier has a wireless
license or spectrum usage rights that could be used to provide CMRS.
Host Carrier. For automatic roaming, the host carrier is a
facilities-based CMRS carrier on whose system a subscriber roams when
outside its home carrier's home market.
* * * * *
Manual Roaming. With manual roaming, a subscriber must establish a
relationship with the host carrier on whose system he or she wants to
roam in order to make a call. Typically, the roaming subscriber
accomplishes this in the course of attempting to originate a call by
giving a valid credit card number to the carrier providing the roaming
service.
* * * * *
Sec. 20.5 Citizenship.
(a) This rule implements section 310 of the Communications Act, 47
U.S.C. 310, regarding the citizenship of licensees in the commercial
mobile radio services. Commercial mobile radio service authorizations
may not be granted to or held by:
(1) Any foreign government or any representative thereof;
(2) Any alien or the representative of any alien;
(3) Any corporation organized under the laws of any foreign
government;
(4) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by aliens or their representatives or
by a foreign government or representative thereof or by any corporation
organized under the laws of a foreign country; or
(5) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens, their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign country, if the Commission finds that the
public interest will be served by the refusal or revocation of such
license.
(b) The limits listed in paragraph (a) of this section may be
exceeded by eligible individuals who held ownership interests on May 24,
1993, pursuant to the waiver provisions established in section 332(c)(6)
of the Communications Act. Transfers of ownership to any other person in
violation of paragraph (a) of this section are prohibited.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 20.6 CMRS spectrum aggregation limit.
(a) Spectrum limitation. No licensee in the broadband PCS, cellular,
or SMR services (including all parties under common control) regulated
as CMRS (see 47 CFR 20.9) shall have an attributable interest in a total
of more than 55 MHz of licensed broadband PCS, cellular, and SMR
spectrum regulated as CMRS with significant overlap in any geographic
area.
(b) SMR spectrum. To calculate the amount of attributable SMR
spectrum for purposes of paragraph (a) of this section, an entity must
count all 800 MHz and 900 MHz channels located at any SMR base station
inside the geographic area (MTA or BTA) where there is significant
overlap. All 800
[[Page 8]]
MHz channels located on at least one of those identified base stations
count as 50 kHz (25 kHz paired), and all 900 MHz channels located on at
least one of those identified base stations count as 25 kHz (12.5 kHz
paired); provided that any discrete 800 or 900 MHz channel shall be
counted only once per licensee within the geographic area, even if the
licensee in question utilizes the same channel at more than one location
within the relevant geographic area. No more than 10 MHz of SMR spectrum
in the 800 and 900 MHz SMR services will be attributed to an entity when
determining compliance with the cap.
(c) Significant overlap. (1) For purposes of paragraph (a) of this
section, significant overlap of a PCS licensed service area and CGSA(s)
(as defined in Sec. 22.911 of this chapter) or SMR service area(s)
occurs when at least 10 percent of the population of the PCS licensed
service area for the counties contained therein, as determined by the
latest available decennial census figures as complied by the Bureau of
the Census, is within the CGSA(s) and/or SMR service area(s).
(2) The Commission shall presume that an SMR service area covers
less than 10 percent of the population of a PCS service area if none of
the base stations of the SMR licensee are located within the PCS service
area. For an SMR licensee's base stations that are located within a PCS
service area, the channels licensed at those sites will be presumed to
cover 10 percent of the population of the PCS service area, unless the
licensee shows that its protected service contour for all of its base
stations covers less than 10 percent of the population of the PCS
service area.
(d) Ownership attribution. For purposes of paragraph (a) of this
section, ownership and other interests in broadband PCS licensees,
cellular licensees, or SMR licensees will be attributed to their holders
pursuant to the following criteria:
(1) Controlling interest shall be attributable. Controlling interest
means majority voting equity ownership, any general partnership
interest, or any means of actual working control (including negative
control) over the operation of the licensee, in whatever manner
exercised.
(2) Partnership and other ownership interests and any stock interest
amounting to 20 percent or more of the equity, or outstanding stock, or
outstanding voting stock of a broadband PCS, cellular or SMR licensee
shall be attributed, except that ownership will not be attributed unless
the partnership and other ownership interests and any stock interest
amount to at least 40 percent of the equity, or outstanding stock, or
outstanding voting stock of a broadband PCS, cellular or SMR licensee if
the ownership interest is held by a small business or a rural telephone
company, as these terms are defined in Sec. 1.2110 of this chapter or
other related provisions of the Commission's rules, or if the ownership
interest is held by an entity with a non-controlling equity interest in
a broadband PCS licensee or applicant that is a small business.
(3) Investment companies, as defined in 15 U.S.C. 80a-3, insurance
companies and banks holding stock through their trust departments in
trust accounts will be considered to have an attributable interest only
if they hold 40 percent or more of the outstanding voting stock of a
corporate broadband PCS, cellular or SMR licensee, or if any of the
officers or directors of the broadband PCS, cellular or SMR licensee are
representatives of the investment company, insurance company or bank
concerned. Holdings by a bank or insurance company will be aggregated if
the bank or insurance company has any right to determine how the stock
will be voted. Holdings by investment companies will be aggregated if
under common management.
(4) Non-voting stock shall be attributed as an interest in the
issuing entity if in excess of the amounts set forth in paragraph (d)(2)
of this section.
(5) Debt and instruments such as warrants, convertible debentures,
options, or other interests (except non-voting stock) with rights of
conversion to voting interests shall not be attributed unless and until
converted, except that this provision does not apply in determining
whether an entity is a small business, a rural telephone company, or a
business owned by minorities and/
[[Page 9]]
or women, as these terms are defined in Sec. 1.2110 of this chapter or
other related provisions of the Commission's rules.
(6) Limited partnership interests shall be attributed to limited
partners and shall be calculated according to both the percentage of
equity paid in and the percentage of distribution of profits and losses.
(7) Officers and directors of a broadband PCS licensee or applicant,
cellular licensee, or SMR licensee shall be considered to have an
attributable interest in the entity with which they are so associated.
The officers and directors of an entity that controls a broadband PCS
licensee or applicant, a cellular licensee, or an SMR licensee shall be
considered to have an attributable interest in the broadband PCS
licensee or applicant, cellular licensee, or SMR licensee.
(8) Ownership interests that are held indirectly by any party
through one or more intervening corporations will be determined by
successive multiplication of the ownership percentages for each link in
the vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, except that if the ownership
percentage for an interest in any link in the chain exceeds 50 percent
or represents actual control, it shall be treated as if it were a 100
percent interest. (For example, if A owns 20% of B, and B owns 40% of
licensee C, then A's interest in licensee C would be 8%. If A owns 20%
of B, and B owns 51% of licensee C, then A's interest in licensee C
would be 20% because B's ownership of C exceeds 50%.)
(9) Any person who manages the operations of a broadband PCS,
cellular, or SMR licensee pursuant to a management agreement shall be
considered to have an attributable interest in such licensee if such
person, or its affiliate, has authority to make decisions or otherwise
engage in practices or activities that determine, or significantly
influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(10) Any licensee or its affiliate who enters into a joint marketing
arrangements with a broadband PCS, cellular, or SMR licensee, or its
affiliate shall be considered to have an attributable interest, if such
licensee, or its affiliate, has authority to make decisions or otherwise
engage in practices or activities that determine, or significantly
influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(e) Divestiture. (1) Divestiture of interests as a result of a
transfer of control or assignment of authorization must occur prior to
consummating the transfer or assignment, except that a licensee that
meets the requirements set forth in paragraph (e)(2) of this section
shall have 90 days from final grant to come into compliance with the
spectrum aggregation limit.
(2) An applicant with:
(i) Controlling or attributable ownership interests in broadband
PCS, cellular, and/or SMR licenses where the geographic license areas
cover 20 percent or less of the applicant's service area population;
(ii) Attributable interests in broadband PCS, cellular, and/or SMR
licenses solely due to management agreements or joint marketing
agreements; or
(iii) Non-controlling attributable interests in broadband PCS,
cellular, and/or SMR licenses, regardless of the degree to which the
geographic license areas cover the applicant's service area population,
shall be eligible to have its application granted subject to a condition
that the licensee shall come into compliance with the spectrum
limitation set out in paragraph (a) within ninety (90) days after final
grant. For purposes of this paragraph, a ``non-controlling attributable
interest'' is one in which the holder has less than a fifty (50) percent
voting interest and there is an unaffiliated single holder of a fifty
(50) percent or greater voting interest.
(3) The applicant for a license that, if granted, would exceed the
spectrum aggregation limitation in paragraph (a)
[[Page 10]]
of this section shall certify on its application that it and all parties
to the application will come into compliance with this limitation. If
such an applicant is a successful bidder in an auction, it must submit
with its long-form application a signed statement describing its efforts
to date and future plans to come into compliance with the spectrum
aggregation limitation. A similar statement must also be included with
any application for assignment of licenses or transfer of control that,
if granted, would exceed the spectrum aggregation limit.
(4)(i) Parties holding controlling interests in broadband PCS,
cellular, and/or SMR licensees that conflict with the attribution
threshold or geographic overlap limitations set forth in this section
will be considered to have come into compliance if they have submitted
to the Commission an application for assignment of license or transfer
of control of the conflicting licensee (see Sec. 1.948 of this chapter;
see also Sec. 24.839 of this chapter (PCS)) by which, if granted, such
parties no longer would have an attributable interest in the conflicting
license. Divestiture may be to an interim trustee if a buyer has not
been secured in the required period of time, as long as the applicant
has no interest in or control of the trustee, and the trustee may
dispose of the license as it sees fit. Where parties to broadband PCS,
cellular, or SMR applications hold less than controlling (but still
attributable) interests in broadband PCS, cellular, or SMR licensee(s),
they shall submit a certification that the applicant and all parties to
the application have come into compliance with the limitations on
spectrum aggregation set forth in this section.
(ii) Applicants that meet the requirements of paragraph (e)(2) of
this section must tender to the Commission within ninety (90) days of
final grant of the initial license, such an assignment or transfer
application or, in the case of less than controlling (but still
attributable) interests, a written certification that the applicant and
all parties to the application have come into compliance with the
limitations on spectrum aggregation set forth in this section. If no
such transfer or assignment application or certification is tendered to
the Commission within ninety (90) days of final grant of the initial
license, the Commission may consider the certification and the
divestiture statement to be material, bad faith misrepresentations and
shall invoke the condition on the initial license or the assignment or
transfer, cancelling or rescinding it automatically, shall retain all
monies paid to the Commission, and, based on the facts presented, shall
take any other action it may deem appropriate.
(f) Sunset. This rule section shall cease to be effective January 1,
2003.
Note 1 to Sec. 20.6: For purposes of the ownership attribution
limit, all ownership interests in operations that serve at least 10
percent of the population of the PCS service area should be included in
determining the extent of a PCS applicant's cellular or SMR ownership.
Note 2 to Sec. 20.6: When a party owns an attributable interest in
more than one cellular or SMR system that overlaps a PCS service area,
the total population in the overlap area will apply on a cumulative
basis.
Note 3 to Sec. 20.6: Waivers of Sec. 20.6(d) may be granted upon
an affirmative showing:
(1) That the interest holder has less than a 50 percent voting
interest in the licensee and there is an unaffiliated single holder of a
50 percent or greater voting interest;
(2) That the interest holder is not likely to affect the local
market in an anticompetitive manner;
(3) That the interest holder is not involved in the operations of
the licensee and does not have the ability to influence the licensee on
a regular basis; and
(4) That grant of a waiver is in the public interest because the
benefits to the public of common ownership outweigh any potential
anticompetitive harm to the market.
[64 FR 54574, Oct. 7, 1999, as amended at 67 FR 1642, Jan. 14, 2002]
Sec. 20.7 Mobile services.
The following are mobile services within the meaning of sections
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
(a) Public mobile services (part 22 of this chapter), including
fixed operations that support the mobile systems, but excluding Rural
Radio Service and Basic Exchange Telecommunications Radio Service (part
22, subpart H of this chapter);
(b) Private land mobile services (part 90 of this chapter),
including secondary
[[Page 11]]
fixed operations, but excluding fixed services such as call box
operations and meter reading;
(c) Mobile satellite services (part 25 of this chapter) including
dual-use equipment, terminals capable of transmitting while a platform
is moving, but excluding satellite facilities provided through a
transportable platform that cannot move when the communications service
is offered;
(d) Marine and aviation services (parts 80 and 87 of this chapter),
including fixed operations that support these marine and aviation mobile
systems;
(e) Personal radio services (part 95 of this chapter), but excluding
218-219 MHz Service;
(f) Personal communications services (part 24 of this chapter);
(g) Auxiliary services provided by mobile service licensees, and
ancillary fixed communications offered by personal communications
service providers;
(h) Unlicensed services meeting the definition of commercial mobile
radio service in Sec. 20.3, such as the resale of commercial mobile
radio services, but excluding unlicensed radio frequency devices under
part 15 of this chapter (including unlicensed personal communications
service devices).
[59 FR 18495, Apr. 19, 1994, as amended at 63 FR 54077, Oct. 8, 1998]
Sec. 20.9 Commercial mobile radio service.
(a) The following mobile services shall be treated as common
carriage services and regulated as commercial mobile radio services
(including any such service offered as a hybrid service or offered on an
excess capacity basis to the extent it meets the definition of
commercial mobile radio service, or offered as an auxiliary or ancillary
service), pursuant to Section 332 of the Communications Act, 47 U.S.C.
332:
(1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal
communications needs;
(2) Stations that offer Industrial/Business Pool (Sec. 90.35 of
this chapter) eligibles for-profit, interconnected service;
(3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter),
except services that are not-for-profit or do not offer interconnected
service;
(4) Specialized Mobile Radio services that provide interconnected
service (part 90 of this chapter);
(5) Public Coast Stations (part 80, subpart J of this chapter);
(6) Paging and Radiotelephone Service (part 22, subpart E of this
chapter).
(7) Cellular Radiotelephone Service (part 22, subpart H of this
chapter).
(8) Air-Ground Radiotelephone Service (part 22, subpart G of this
chapter).
(9) Offshore Radiotelephone Service (part 22, subpart I of this
chapter).
(10) Any mobile satellite service involving the provision of
commercial mobile radio service (by licensees or resellers) directly to
end users, except that mobile satellite licensees and other entities
that sell or lease space segment capacity, to the extent that it does
not provide commercial mobile radio service directly to end users, may
provide space segment capacity to commercial mobile radio service
providers on a non-common carrier basis, if so authorized by the
Commission;
(11) Personal Communications Services (part 24 of this chapter),
except as provided in paragraph (b) of this section;
(12) Mobile operations in the 218-219 MHz Service (part 95, subpart
F of this chapter) that provide for-profit interconnected service to the
public;
(13) For-profit subsidiary communications services transmitted on
subcarriers within the FM baseband signal, that provide interconnected
service (47 CFR 73.295 of this chapter); and
(14) A mobile service that is the functional equivalent of a
commercial mobile radio service.
(i) A mobile service that does not meet the definition of commercial
mobile radio service is presumed to be a private mobile radio service.
(ii) Any interested party may seek to overcome the presumption that
a particular mobile radio service is a private mobile radio service by
filing a petition for declaratory ruling challenging a mobile service
provider's regulatory treatment as a private mobile radio service.
[[Page 12]]
(A) The petition must show that: (1) The mobile service in question
meets the definition of commercial mobile radio service; or
(2) The mobile service in question is the functional equivalent of a
service that meets the definition of a commercial mobile radio service.
(B) A variety of factors will be evaluated to make a determination
whether the mobile service in question is the functional equivalent of a
commercial mobile radio service, including: consumer demand for the
service to determine whether the service is closely substitutable for a
commercial mobile radio service; whether changes in price for the
service under examination, or for the comparable commercial mobile radio
service would prompt customers to change from one service to the other;
and market research information identifying the targeted market for the
service under review.
(C) The petition must contain specific allegations of fact supported
by affidavit(s) of person(s) with personal knowledge. The petition must
be served on the mobile service provider against whom it is filed and
contain a certificate of service to this effect. The mobile service
provider may file an opposition to the petition and the petitioner may
file a reply. The general rules of practice and procedure contained in
Sec. Sec. 1.1 through 1.52 of this chapter shall apply.
(b) Licensees of a Personal Communications Service or applicants for
a Personal Communications Service license, and VHF Public Coast Station
geographic area licensees or applicants, and Automated Maritime
Telecommunications System (AMTS) licensees or applicants, proposing to
use any Personal Communications Service, VHF Public Coast Station, or
AMTS spectrum to offer service on a private mobile radio service basis
must overcome the presumption that Personal Communications Service, VHF
Public Coast, and AMTS Stations are commercial mobile radio services.
(1) The applicant or licensee (who must file an application to
modify its authorization) seeking authority to dedicate a portion of the
spectrum for private mobile radio service, must include a certification
that it will offer Personal Communications Service, VHF Public Coast
Station, or AMTS service on a private mobile radio service basis. The
certification must include a description of the proposed service
sufficient to demonstrate that it is not within the definition of
commercial mobile radio service in Sec. 20.3. Any application
requesting to use any Personal Communications Service, VHF Public Coast
Station, or AMTS spectrum to offer service on a private mobile radio
service basis will be placed on public notice by the Commission.
(2) Any interested party may file a petition to deny the application
within 30 days after the date of public notice announcing the acceptance
for filing of the application. The petition shall contain specific
allegations of fact supported by affidavit(s) of person(s) with personal
knowledge to show that the applicant's request does not rebut the
commercial mobile radio service presumption. The petition must be served
on the applicant and contain a certificate of service to this effect.
The applicant may file an opposition with allegations of fact supported
by affidavit. The petitioner may file a reply. No additional pleadings
will be allowed. The general rules of practice and procedure contained
in Sec. Sec. 1.1 through 1.52 of this chapter and Sec. 22.30 of this
chapter shall apply.
(c) Any provider of private land mobile service before August 10,
1993 (including any system expansions, modifications, or acquisitions of
additional licenses in the same service, even if authorized after this
date), and any private paging service utilizing frequencies allocated as
of January 1, 1993, that meet the definition of commercial mobile radio
service, shall, except for purposes of Sec. 20.5 (applicable August 10,
1993 for the providers listed in this paragraph), be treated as private
mobile radio service until August 10, 1996. After this date, these
entities will be treated as commercial mobile radio service providers
regulated under this part.
[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997;
63 FR 40062, July 27, 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, Nov.
3, 1999; 66 FR 10968, Feb. 21, 2001; 72 FR 31194, June 6, 2007]
[[Page 13]]
Sec. 20.11 Interconnection to facilities of local exchange carriers.
(a) A local exchange carrier must provide the type of
interconnection reasonably requested by a mobile service licensee or
carrier, within a reasonable time after the request, unless such
interconnection is not technically feasible or economically reasonable.
Complaints against carriers under section 208 of the Communications Act,
47 U.S.C. 208, alleging a violation of this section shall follow the
requirements of Sec. Sec. 1.711-1.734 of this chapter, 47 CFR 1.711-
1.734.
(b) Local exchange carriers and commercial mobile radio service
providers shall comply with principles of mutual compensation.
(1) A local exchange carrier shall pay reasonable compensation to a
commercial mobile radio service provider in connection with terminating
traffic that originates on facilities of the local exchange carrier.
(2) A commercial mobile radio service provider shall pay reasonable
compensation to a local exchange carrier in connection with terminating
traffic that originates on the facilities of the commercial mobile radio
service provider.
(c) Local exchange carriers and commercial mobile radio service
providers shall also comply with applicable provisions of part 51 of
this chapter.
(d) Local exchange carriers may not impose compensation obligations
for traffic not subject to access charges upon commercial mobile radio
service providers pursuant to tariffs.
(e) An incumbent local exchange carrier may request interconnection
from a commercial mobile radio service provider and invoke the
negotiation and arbitration procedures contained in section 252 of the
Act. A commercial mobile radio service provider receiving a request for
interconnection must negotiate in good faith and must, if requested,
submit to arbitration by the state commission. Once a request for
interconnection is made, the interim transport and termination pricing
described in Sec. 51.715 of this chapter shall apply.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996;
70 FR 16145, Mar. 30, 2005]
Sec. 20.12 Resale and roaming.
(a) Scope of section. This section is applicable to providers of
Broadband Personal Communications Services (part 24, subpart E of this
chapter), Cellular Radio Telephone Service (part 22, subpart H of this
chapter), and Specialized Mobile Radio Services in the 800 MHz and 900
MHz bands (included in part 90, subpart S of this chapter) if such
providers offer real-time, two-way switched voice or data service that
is interconnected with the public switched network and utilizes an in-
network switching facility that enables the provider to reuse
frequencies and accomplish seamless hand-offs of subscriber calls. The
scope of paragraph (b) of this section, concerning the resale rule, is
further limited so as to exclude from the requirements of that paragraph
those Broadband Personal Communications Services C, D, E, and F block
licensees that do not own and control and are not owned and controlled
by firms also holding cellular, A, or B block licenses.
(b) Resale. The resale rule is applicable as follows:
(1) Each carrier subject to paragraph (b) of this section shall not
restrict the resale of its services, unless the carrier demonstrates
that the restriction is reasonable.
(2) The resale requirement shall not apply to customer premises
equipment, whether or not it is bundled with services subject to the
resale requirement in this paragraph.
(3) This paragraph shall cease to be effective five years after the
last group of initial licenses for broadband PCS spectrum in the 1850-
1910 and the 1930-1990 MHz bands is awarded; i.e., at the close of
November 24, 2002.
(c) Roaming. Each carrier subject to this section must provide
mobile radio service upon request to all subscribers in good standing to
the services of any carrier subject to this section, including roamers,
while such subscribers are located within any portion of the licensee's
licensed service area where facilities have been constructed and service
to subscribers has commenced, if such subscribers are using mobile
[[Page 14]]
equipment that is technically compatible with the licensee's base
stations.
[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000]
Effective Date Note: At 72 FR 50074, Aug. 30, 2007, Sec. 20.12 was
amended by revising paragraphs (a) and (c) and adding paragraph (d),
effective Oct. 29, 2007. For the convenience of the user, the added and
revised text is set forth as follows:
Sec. 20.12 Resale and roaming.
(a)(1) Scope of Manual Roaming and Resale. Paragraph (c) of this
section is applicable to providers of Broadband Personal Communications
Services (part 24, subpart E of this chapter), Cellular Radio Telephone
Service (part 22, subpart H of this chapter), and specialized Mobile
Radio Services in the 800 MHz and 900 MHz bands (included in part 90,
subpart S of this chapter) if such providers offer real-time, two-way
switched voice or data service that is interconnected with the public
switched network and utilizes an in-network switching facility that
enables the provider to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. The scope of paragraph (b) of this section,
concerning the resale rule, is further limited so as to exclude from the
requirements of that paragraph those Broadband Personal Communications
Services C, D, E, and F block licensees that do not own and control and
are not owned and controlled by firms also holding cellular A or B block
licenses.
(2) Scope of Automatic Roaming. Paragraph (d) of this section is
applicable to CMRS carriers if such carriers offer real-time, two-way
switched voice or data service that is interconnected with the public
switched network and utilizes an in-network switching facility that
enables the carrier to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. Paragraph (d) of this section is also
applicable to the provision of push-to-talk and text-messaging service
by CMRS carriers.
* * * * *
(c) Manual Roaming. Each carrier subject to paragraph (a)(1) of this
section must provide mobile radio service upon request to all
subscribers in good standing to the services of any carrier subject to
paragraph (a)(1) of this section, including roamers, while such
subscribers are located within any portion of the licensee's licensed
service area where facilities have been constructed and service to
subscribers has commenced, if such subscribers are using mobile
equipment that is technically compatible with the licensee's base
stations.
(d) Automatic Roaming. Upon a reasonable request, it shall be the
duty of each host carrier subject to paragraph (a)(2) of this section to
provide automatic roaming to any technologically compatible home
carrier, outside of the requesting home carrier's home market, on
reasonable and nondiscriminatory terms and conditions.
Sec. 20.13 State petitions for authority to regulate rates.
(a) States may petition for authority to regulate the intrastate
rates of any commercial mobile radio service. The petition must include
the following:
(1) Demonstrative evidence that market conditions in the state for
commercial mobile radio services do not adequately protect subscribers
to such services from unjust and unreasonable rates or rates that are
unjustly or unreasonably discriminatory. Alternatively, a state's
petition may include demonstrative evidence showing that market
conditions for commercial mobile radio services do not protect
subscribers adequately from unjust and unreasonable rates, or rates that
are unjustly or unreasonably discriminatory, and that a substantial
portion of the commercial mobile radio service subscribers in the state
or a specified geographic area have no alternative means of obtaining
basic telephone service. This showing may include evidence of the range
of basic telephone service alternatives available to consumers in the
state.
(2) The following is a non-exhaustive list of examples of the types
of evidence, information, and analysis that may be considered pertinent
to determine market conditions and consumer protection by the Commission
in reviewing any petition filed by a state under this section:
(i) The number of commercial mobile radio service providers in the
state, the types of services offered by commercial mobile radio service
providers in the state, and the period of time that these providers have
offered service in the state;
(ii) The number of customers of each commercial mobile radio service
provider in the state; trends in each provider's customer base during
the most recent annual period or other data covering another reasonable
period if annual data is unavailable; and annual revenues and rates of
return for each
[[Page 15]]
commercial mobile radio service provider;
(iii) Rate information for each commercial mobile radio service
provider, including trends in each provider's rates during the most
recent annual period or other data covering another reasonable period if
annual data is unavailable;
(iv) An assessment of the extent to which services offered by the
commercial mobile radio service providers the state proposes to regulate
are substitutable for services offered by other carriers in the state;
(v) Opportunities for new providers to enter into the provision of
competing services, and an analysis of any barriers to such entry;
(vi) Specific allegations of fact (supported by affidavit of person
with personal knowledge) regarding anti-competitive or discriminatory
practices or behavior by commercial mobile radio service providers in
the state;
(vii) Evidence, information, and analysis demonstrating with
particularity instances of systematic unjust and unreasonable rates, or
rates that are unjust or unreasonably discriminatory, imposed upon
commercial mobile radio service subscribers. Such evidence should
include an examination of the relationship between rates and costs.
Additionally, evidence of a pattern of such rates, that demonstrates the
inability of the commercial mobile radio service marketplace in the
state to produce reasonable rates through competitive forces will be
considered especially probative; and
(viii) Information regarding customer satisfaction or
dissatisfaction with services offered by commercial mobile radio service
providers, including statistics and other information about complaints
filed with the state regulatory commission.
(3) Petitions must include a certification that the state agency
filing the petition is the duly authorized state agency responsible for
the regulation of telecommunication services provided in the state.
(4) Petitions must identify and describe in detail the rules the
state proposes to establish if the petition is granted.
(5) States have the burden of proof. Interested parties may file
comments in support or in opposition to the petition within 30 days
after public notice of the filing of a petition by a state under this
section. Any interested party may file a reply within 15 days after the
expiration of the filing period for comments. No additional pleadings
may be filed. Except for Sec. 1.45 of this chapter, practice and
procedure rules contained in Sec. Sec. 1.42-1.52 of this chapter shall
apply. The provisions of Sec. Sec. 1.771-1.773 of this chapter do not
apply.
(6) The Commission shall act upon any petition filed by a state
under this paragraph not later than the end of the nine-month period
after the filing of the petition.
(7) If the Commission grants the petition, it shall authorize the
state to regulate rates for commercial mobile radio services in the
state during a reasonable period of time, as specified by the
Commission. The period of time specified by the Commission will be that
necessary to ensure that rates are just and reasonable, or not unjustly
or unreasonably discriminatory.
(b) States that regulated rates for commercial mobile services as of
June 1, 1993, may petition the Commission under this section before
August 10, 1994, to extend this authority.
(1) The petition will be acted upon by the Commission in accordance
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
(2) The Commission shall act upon the petition (including any
reconsideration) not later than the end of the 12-month period following
the date of the filing of the petition by the state involved. Commercial
mobile radio service providers offering such service in the state shall
comply with the existing regulations of the state until the petition and
any reconsideration of the petition are acted upon by the Commission.
(3) The provisions of paragraph (a)(7) of this section apply to any
petition granted by the Commission under this paragraph.
(c) No sooner than 18 months from grant of authority by the
Commission under this section for state rate regulations, any interested
party may petition the Commission for an order to
[[Page 16]]
discontinue state authority for rate regulation.
(1) Petitions to discontinue state authority for rate regulation
must be based on recent empirical data or other significant evidence
demonstrating that the exercise of rate authority by a state is no
longer necessary to ensure that the rates for commercial mobile are just
and reasonable or not unjustly or unreasonably discriminatory.
(2) Any interested party may file comments in support of or in
opposition to the petition within 30 days after public notice of the
filing of the petition. Any interested party may file a reply within 15
days after the time for filing comments has expired. No additional
pleadings may be filed. Except for 1.45 of this chapter, practice and
procedure rules contained in Sec. 1.42-1.52 of this chapter apply. The
provisions of Sec. Sec. 1.771-1.773 of this chapter do not apply.
(3) The Commission shall act upon any petition filed by any
interested party under this paragraph within nine months after the
filing of the petition.
Sec. 20.15 Requirements under Title II of the Communications Act.
(a) Commercial mobile radio services providers, to the extent
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216,
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C.
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68
of this chapter, 47 CFR part 68; and Sec. Sec. 1.701-1.748, and 1.815
of this chapter, 47 CFR 1.701-1.748, 1.815.
(b) Commercial mobile radio service providers are not required to:
(1) File with the Commission copies of contracts entered into with
other carriers or comply with other reporting requirements, or with
Sec. Sec. 1.781 through 1.814 and 43.21 of this chapter; except that
commercial radio service providers that offer broadband service, as
described in Sec. 1.7001(a) of this chapter or mobile telephony are
required to file reports pursuant to Sec. Sec. 1.7000 and 43.11 of this
chapter. For purposes of this section, mobile telephony is defined as
real-time, two-way switched voice service that is interconnected with
the public switched network utilizing an in-network switching facility
that enables the provider to reuse frequencies and accomplish seamless
handoff of subscriber calls.
(2) Seek authority for interlocking directors (section 212 of the
Communications Act);
(3) Submit applications for new facilities or discontinuance of
existing facilities (section 214 of the Communications Act).
(c) Commercial mobile radio service providers shall not file tariffs
for international and interstate service to their customers, interstate
access service, or international and interstate operator service.
Sections 1.771 through 1.773 and part 61 of this chapter are not
applicable to international and interstate services provided by
commercial mobile radio service providers. Commercial mobile radio
service providers shall cancel tariffs for international and interstate
service to their customers, interstate access service, and international
and interstate operator service.
(d) Except as specified as in paragraphs (d)(1) and (2), nothing in
this section shall be construed to modify the Commission's rules and
policies on the provision of international service under part 63 of this
chapter.
(1) Notwithstanding the provisions of Sec. 63.21(c) of this
chapter, a commercial mobile radio service provider is not required to
comply with Sec. 42.10 of this chapter.
(2) A commercial mobile radio service (CMRS) provider that is
classified as dominant under Sec. 63.10 of this chapter due to an
affiliation with a foreign carrier is required to comply with Sec.
42.11 of this chapter if the affiliated foreign carrier collects
settlement payments from U.S. carriers for terminating U.S.
international switched traffic at the foreign end of the route. Such a
CMRS provider is not required to comply with Sec. 42.11, however, if it
provides service on the affiliated route solely through the resale of an
unaffiliated facilities-based provider's international switched
services.
(3) For purposes of paragraphs (d)(1) and (2) of this section,
affiliated and foreign carrier are defined in Sec. 63.09 of this
Chapter.
[[Page 17]]
(e) For obligations of commercial mobile radio service providers to
provide local number portability, see Sec. 52.1 of this chapter.
[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996;
63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654,
Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR 77938, Dec. 29, 2004]
Sec. 20.18 911 Service.
(a) Scope of section. The following requirements are only applicable
to CMRS providers, excluding mobile satellite service (MSS) operators,
to the extent that they:
(1) Offer real-time, two way switched voice service that is
interconnected with the public switched network; and
(2) Utilize an in-network switching facility that enables the
provider to reuse frequencies and accomplish seamless hand-offs of
subscriber calls. These requirements are applicable to entities that
offer voice service to consumers by purchasing airtime or capacity at
wholesale rates from CMRS licensees.
(b) Basic 911 Service. CMRS providers subject to this section must
transmit all wireless 911 calls without respect to their call validation
process to a Public Safety Answering Point, or, where no Public Safety
Answering Point has been designated, to a designated statewide default
answering point or appropriate local emergency authority pursuant to
Sec. 64.3001 of this chapter, provided that ``all wireless 911 calls''
is defined as ``any call initiated by a wireless user dialing 911 on a
phone using a compliant radio frequency protocol of the serving
carrier.''
(c) TTY Access to 911 Services. CMRS providers subject to this
section must be capable of transmitting 911 calls from individuals with
speech or hearing disabilities through means other than mobile radio
handsets, e.g., through the use of Text Telephone Devices (TTY).
(d) Phase I enhanced 911 services. (1) As of April 1, 1998, or
within six months of a request by the designated Public Safety Answering
Point as set forth in paragraph (j) of this section, whichever is later,
licensees subject to this section must provide the telephone number of
the originator of a 911 call and the location of the cell site or base
station receiving a 911 call from any mobile handset accessing their
systems to the designated Public Safety Answering Point through the use
of ANI and Pseudo-ANI.
(2) When the directory number of the handset used to originate a 911
call is not available to the serving carrier, such carrier's obligations
under the paragraph (d)(1) of this section extend only to delivering 911
calls and available call party information, including that prescribed in
paragraph (l) of this section, to the designated Public Safety Answering
Point.
Note to paragraph (d): With respect to 911 calls accessing their
systems through the use of TTYs, licensees subject to this section must
comply with the requirements in paragraphs (d)(1) and (d)(2) of this
section, as to calls made using a digital wireless system, as of October
1, 1998.
(e) Phase II enhanced 911 service. Licensees subject to this section
must provide to the designated Public Safety Answering Point Phase II
enhanced 911 service, i.e., the location of all 911 calls by longitude
and latitude in conformance with Phase II accuracy requirements (see
paragraph (h) of this section).
(f) Phase-in for network-based location technologies. Licensees
subject to this section who employ a network-based location technology
shall provide Phase II 911 enhanced service to at least 50 percent of
their coverage area or 50 percent of their population beginning October
1, 2001, or within 6 months of a PSAP request, whichever is later; and
to 100 percent of their coverage area or 100 percent of their population
within 18 months of such a request or by October 1, 2002, whichever is
later.
(g) Phase-in for handset-based location technologies. Licensees
subject to this section who employ a handset-based location technology
may phase in deployment of Phase II enhanced 911 service, subject to the
following requirements:
(1) Without respect to any PSAP request for deployment of Phase II
911 enhanced service, the licensee shall:
(i) Begin selling and activating location-capable handsets no later
than October 1, 2001;
[[Page 18]]
(ii) Ensure that at least 25 percent of all new handsets activated
are location-capable no later than December 31, 2001;
(iii) Ensure that at least 50 percent of all new handsets activated
are location-capable no later than June 30, 2002; and
(iv) Ensure that 100 percent of all new digital handsets activated
are location-capable no later than December 31, 2002, and thereafter.
(v) By December 31, 2005, achieve 95 percent penetration of
location-capable handsets among its subscribers.
(vi) Licensees that meet the enhanced 911 compliance obligations
through GPS-enabled handsets and have commercial agreements with
resellers will not be required to include the resellers' handset counts
in their compliance percentages.
(2) Once a PSAP request is received, the licensee shall, in the area
served by the PSAP, within six months or by October 1, 2001, whichever
is later:
(i) Install any hardware and/or software in the CMRS network and/or
other fixed infrastructure, as needed, to enable the provision of Phase
II enhanced 911 service; and
(ii) Begin delivering Phase II enhanced 911 service to the PSAP.
(3) For all 911 calls from portable or mobile phones that do not
contain the hardware and/or software needed to enable the licensee to
provide Phase II enhanced 911 service, the licensee shall, after a PSAP
request is received, support, in the area served by the PSAP, Phase I
location for 911 calls or other available best practice method of
providing the location of the portable or mobile phone to the PSAP.
(4) Licensees employing handset-based location technologies shall
ensure that location-capable portable or mobile phones shall conform to
industry interoperability standards designed to enable the location of
such phones by multiple licensees.
(h) Phase II accuracy. Licensees subject to this section shall
comply with the following standards for Phase II location accuracy and
reliability:
(1) For network-based technologies: 100 meters for 67 percent of
calls, 300 meters for 95 percent of calls;
(2) For handset-based technologies: 50 meters for 67 percent of
calls, 150 meters for 95 percent of calls.
(3) For the remaining 5 percent of calls, location attempts must be
made and a location estimate for each call must be provided to the
appropriate PSAP.
(i) Reports on Phase II plans. Licensees subject to this section
shall report to the Commission their plans for implementing Phase II
enhanced 911 service, including the location-determination technology
they plan to employ and the procedure they intend to use to verify
conformance with the Phase II accuracy requirements by November 9, 2000.
Licensees are required to update these plans within thirty days of the
adoption of any change. These reports and updates may be filed
electronically in a manner to be designated by the Commission.
(j) Conditions for enhanced 911 services--(1) Generally. The
requirements set forth in paragraphs (d) through (h) of this section
shall be applicable only if the administrator of the designated Public
Safety Answering Point has requested the services required under those
paragraphs and the Public Safety Answering Point is capable of receiving
and utilizing the data elements associated with the service and a
mechanism for recovering the Public Safety Answering Point's costs of
the enhanced 911 service is in place.
(2) Commencement of six-month period. (i) Except as provided in
paragraph (ii) of this section, for purposes of commencing the six-month
period for carrier implementation specified in paragraphs (d), (f) and
(g) of this section, a PSAP will be deemed capable of receiving and
utilizing the data elements associated with the service requested, if it
can demonstrate that it has:
(A) Ordered the necessary equipment and has commitments from
suppliers to have it installed and operational within such six-month
period; and
(B) Made a timely request to the appropriate local exchange carrier
for the necessary trunking, upgrades, and other facilities.
(ii) For purposes of commencing the six-month period for carrier
implementation specified in paragraphs (f) and (g) of this section, a
PSAP that is
[[Page 19]]
Phase I-capable using a Non-Call Path Associated Signaling (NCAS)
technology will be deemed capable of receiving and utilizing the data
elements associated with Phase II service if it can demonstrate that it
has made a timely request to the appropriate local exchange carrier for
the ALI database upgrade necessary to receive the Phase II information.
(3) Tolling of six-month period. Where a wireless carrier has served
a written request for documentation on the PSAP within 15 days of
receiving the PSAP's request for Phase I or Phase II enhanced 911
service, and the PSAP fails to respond to such request within 15 days of
such service, the six-month period for carrier implementation specified
in paragraphs (d), (f), and (g) of this section will be tolled until the
PSAP provides the carrier with such documentation.
(4) Carrier certification regarding PSAP readiness issues. At the
end of the six-month period for carrier implementation specified in
paragraphs (d), (f) and (g) of this section, a wireless carrier that
believes that the PSAP is not capable of receiving and utilizing the
data elements associated with the service requested may file a
certification with the Commission. Upon filing and service of such
certification, the carrier may suspend further implementation efforts,
except as provided in paragraph (j)(4)(x) of this section.
(i) As a prerequisite to filing such certification, no later than 21
days prior to such filing, the wireless carrier must notify the affected
PSAP, in writing, of its intent to file such certification. Any response
that the carrier receives from the PSAP must be included with the
carrier's certification filing.
(ii) The certification process shall be subject to the procedural
requirements set forth in sections 1.45 and 1.47 of this chapter.
(iii) The certification must be in the form of an affidavit signed
by a director or officer of the carrier, documenting:
(A) The basis for the carrier's determination that the PSAP will not
be ready;
(B) Each of the specific steps the carrier has taken to provide the
E911 service requested;
(C) The reasons why further implementation efforts cannot be made
until the PSAP becomes capable of receiving and utilizing the data
elements associated with the E911 service requested; and
(D) The specific steps that remain to be completed by the wireless
carrier and, to the extent known, the PSAP or other parties before the
carrier can provide the E911 service requested.
(iv) All affidavits must be correct. The carrier must ensure that
its affidavit is correct, and the certifying director or officer has the
duty to personally determine that the affidavit is correct.
(v) A carrier may not engage in a practice of filing inadequate or
incomplete certifications for the purpose of delaying its
responsibilities.
(vi) To be eligible to make a certification, the wireless carrier
must have completed all necessary steps toward E911 implementation that
are not dependent on PSAP readiness.
(vii) A copy of the certification must be served on the PSAP in
accordance with Sec. 1.47 of this chapter. The PSAP may challenge in
writing the accuracy of the carrier's certification and shall serve a
copy of such challenge on the carrier. See Sec. Sec. 1.45 and 1.47 and
Sec. Sec. 1.720 through 1.736 of this chapter.
(viii) If a wireless carrier's certification is facially inadequate,
the six-month implementation period specified in paragraphs (d), (f) and
(g) of this section will not be suspended as provided for in paragraph
(j)(4) of this section.
(ix) If a wireless carrier's certification is inaccurate, the
wireless carrier will be liable for noncompliance as if the
certification had not been filed.
(x) A carrier that files a certification under paragraph (j)(4) of
this section shall have 90 days from receipt of the PSAP's written
notice that it is capable of receiving and utilizing the data elements
associated with the service requested to provide such service in
accordance with the requirements of paragraphs (d) through (h) of this
section.
[[Page 20]]
(5) Modification of deadlines by agreement. Nothing in this section
shall prevent Public Safety Answering Points and carriers from
establishing, by mutual consent, deadlines different from those imposed
for carrier and PSAP compliance in paragraphs (d), (f), and (g)(2) of
this section.
(k) Dispatch service. A service provider covered by this section who
offers dispatch service to customers may meet the requirements of this
section with respect to customers who utilize dispatch service either by
complying with the requirements set forth in paragraphs (b) through (e)
of this section, or by routing the customer's emergency calls through a
dispatcher. If the service provider chooses the latter alternative, it
must make every reasonable effort to explicitly notify its current and
potential dispatch customers and their users that they are not able to
directly reach a PSAP by calling 911 and that, in the event of an
emergency, the dispatcher should be contacted.
(l) Non-service-initialized handsets. (1) Licensees subject to this
section that donate a non-service-initialized handset for purposes of
providing access to 911 services are required to:
(i) Program each handset with 911 plus the decimal representation of
the seven least significant digits of the Electronic Serial Number,
International Mobile Equipment Identifier, or any other identifier
unique to that handset;
(ii) Affix to each handset a label which is designed to withstand
the length of service expected for a non-service-initialized phone, and
which notifies the user that the handset can only be used to dial 911,
that the 911 operator will not be able to call the user back, and that
the user should convey the exact location of the emergency as soon as
possible; and
(iii) Institute a public education program to provide the users of
such handsets with information regarding the limitations of non-service-
initialized handsets.
(2) Manufacturers of 911-only handsets that are manufactured on or
after May 3, 2004, are required to:
(i) Program each handset with 911 plus the decimal representation of
the seven least significant digits of the Electronic Serial Number,
International Mobile Equipment Identifier, or any other identifier
unique to that handset;
(ii) Affix to each handset a label which is designed to withstand
the length of service expected for a non-service-initialized phone, and
which notifies the user that the handset can only be used to dial 911,
that the 911 operator will not be able to call the user back, and that
the user should convey the exact location of the emergency as soon as
possible; and
(iii) Institute a public education program to provide the users of
such handsets with information regarding the limitations of 911-only
handsets.
(3) Definitions. The following definitions apply for purposes of
this paragraph.
(i) Non-service-initialized handset. A handset for which there is no
valid service contract with a provider of the services enumerated in
paragraph (a) of this section.
(ii) 911-only handset. A non-service-initialized handset that is
manufactured with the capability of dialing 911 only and that cannot
receive incoming calls.
(m) Reseller obligation. (1) Beginning December 31, 2006, resellers
have an obligation, independent of the underlying licensee, to provide
access to basic and enhanced 911 service to the extent that the
underlying licensee of the facilities the reseller uses to provide
access to the public switched network complies with sections 20.18(d)-
(g).
(2) Resellers have an independent obligation to ensure that all
handsets or other devices offered to their customers for voice
communications and sold after December 31, 2006 are capable of
transmitting enhanced 911 information to the appropriate PSAP, in
accordance with the accuracy requirements of section 20.18(i).
[63 FR 2637, Jan. 16, 1998, as amended at 64 FR 60130, Nov. 4, 1999; 64
FR 72956, Dec. 29, 1999; 65 FR 58661, Oct. 2, 2000; 65 FR 82295, Dec.
28, 2000; 66 FR 55623, Nov. 2, 2001; 67 FR 1648, Jan. 14, 2002; 67 FR
36117, May 23, 2002; 68 FR 2918, Jan. 22, 2003; 69 FR 2519, Jan. 16,
2004; 69 FR 6581, Feb. 11, 2004; 72 FR 27708, May 16, 2007]
[[Page 21]]
Effective Date Notes: 1. At 68 FR 2918, Jan. 22, 2003, Sec. 20.18,
paragraph (j) was revised. Paragraphs (j)(4) and (5) contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
2. At 72 FR 27708, May 16, 2007, Sec. 20.18, paragraph (a) was
revised. The paragraph contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
Sec. 20.19 Hearing aid-compatible mobile handsets.
(a) Scope of section. Providers of digital CMRS are subject to
hearing aid-compatibility requirements to the extent that they:
(1) Offer real-time, two way switched voice or data service that is
interconnected with the public switched network; and
(2) Utilize an in-network switching facility that enables the
provider to reuse frequencies and accomplish seamless hand-offs of
subscriber calls. Such providers are subject to the requirements set
forth in this section to the extent that the established technical
standard or standards specified in paragraph (b) of this section are
applicable to the service provided. This section also applies to the
manufacturers of the wireless phones used in delivery of the services
specified in this paragraph.
(b) Technical standard for hearing aid compatibility. The technical
standard set forth in the standard document ANSI C63.19-2001 ``American
National Standard for Methods of Measurement of Compatibility between
Wireless Communication Devices and Hearing Aids, ANSI C63.19-2001''
(published October 8, 2001--available for purchase from the American
National Standards Institute) is applicable to providers of Broadband
Personal Communications Services (part 24, subpart E of this chapter),
Cellular Radio Telephone Service (part 22, subpart H of this chapter),
and Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands
(including in part 980, subpart S of this chapter). A wireless phone
used for these services is hearing aid compatible for the purposes of
this section if it meets, at a minimum:
(1) For radio frequency interference: U3 as set forth in the
standard document ANSI C63.19-2001 ``American National Standard for
Methods of Measurement of Compatibility between Wireless Communication
Devices and Hearing Aids, ANSI C63.19-2001'' (published October 8,
2001--available for purchase from the American National Standards
Institute); and
(2) For inductive coupling: U3T rating as set forth in the standard
document ANSI C63.19-2001 ``American National Standard for Methods of
Measurement of Compatibility between Wireless Communication Devices and
Hearing Aids, ANSI C63.19-2001'' (published October 8, 2001--available
for purchase from the American National Standards Institute).
(3) Manufacturers must certify compliance with the test requirements
and indicate the appropriate U-rating for the wireless phone as set
forth in Sec. 2.1033(d) of this chapter.
(4) All factual questions of whether a wireless phone meets the
technical standard of this subsection shall be referred for resolution
to Chief, Office of Engineering and Technology, Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554.
(c) Phase-in for public mobile service handsets concerning radio
frequency interference. (1) Each manufacturer of handsets used with
public mobile services for use in the United States or imported for use
in the United States must:
(i) Offer to service providers at least two handset models for each
air interface offered that comply with Sec. 20.19(b)(1) by September
16, 2005; and
(ii) Ensure at least 50 percent of their handset offerings for each
air interface offered comply with Sec. 20.19(b)(1) by February 18,
2008.
(2) And each provider of public mobile radio services must:
(i)(A) Include in its handset offerings at least two handset models
per air interface that comply with Sec. 20.19(b)(1) by September 16,
2005, and make available in each retail store owned or operated by the
provider all of these handset models for consumers to test in the store;
or
(B) In the event a provider of public mobile radio services is using
a TDMA
[[Page 22]]
air interface and plans to overbuild (i.e., replace) its network to
employ alternative air interface(s), it must:
(1) Offer two handset models that comply with Sec. 20.19(b)(1) by
September 16, 2005, to its customers that receive service from the
overbuilt (i.e., non-TDMA) portion of its network, and make available in
each retail store it owns or operates all of these handset models for
consumers to test in the store:
(2) Overbuild (i.e., replace) its entire network to employ
alternative air interface(s), and
(3) Complete the overbuild by September 18, 2006; and
(ii) Ensure that at least 50 percent of its handset models for each
air interface comply with Sec. 20.19(b)(1) by February 18, 2008,
calculated based on the total number of unique digital wireless handset
models the carrier offers nationwide.
(3) Each Tier I carrier must:
(i)(A) Include in its handset offerings four digital wireless
handset models per air interface or twenty-five percent of the total
number of digital wireless handset models offered by the carrier
nationwide (calculated based on the total number of unique digital
wireless handset models the carrier offers nationwide) per air interface
that comply with Sec. 20.19(b)(1) by September 16, 2005, and make
available in each retail store owned or operated by the carrier all of
these handset models for consumers to test in the store; and
(B) Include in its handset offerings five digital wireless handset
models per air interface or twenty-five percent of the total number of
digital wireless handset models offered by the carrier nationwide
(calculated based on the total number of unique digital wireless handset
models the carrier offers nationwide) per air interface that comply with
Sec. 20.19(b)(1) by September 16, 2006, and make available in each
retail store owned or operated by the carrier all of these handset
models for consumers to test in the store; and
(ii) Ensure that at least 50 percent of their handset models for
each air interface comply with Sec. 20.19(b)(1) by February 18, 2008,
calculated based on the total number of unique digital wireless phone
models the carrier offers nationwide.
(d) Phase-in for public mobile service handsets concerning inductive
coupling. (1) Each manufacturer of handsets used with public mobile
services for use in the United Sates or imported for use in the United
States must offer to service providers at least two handset models for
each air interface offered that comply with Sec. 20.19(b)(2) by
September 18, 2006.
(2) And each provider of public mobile service must include in their
handset offerings at least two handset models for each air interface
that comply with Sec. 20.19(b)(2) by September 18, 2006 and make
available in each retail store owned or operated by the provider all of
these handset models for consumers to test in the store.
(e) De minimis exception. (1) Manufacturers or mobile service
providers that offer two or fewer digital wireless handsets in the U.S.
are exempt from the requirements of this section. For mobile service
providers that obtain handsets only from manufacturers that offer two or
fewer digital wireless phone models in the U.S., the service provider
would likewise be exempt from the requirements of this section.
(2) Manufacturers or mobile service providers that offer three
digital wireless handset models, must make at least one compliant phone
model in two years. Mobile service providers that obtain handsets only
from manufacturers that offer three digital wireless phone models in the
U.S. would be required to offer at least one compliant handset model.
(f) Labeling requirements. Handsets used with public mobile services
that are hearing aid compatible, as defined in Sec. 20.19(b) of this
chapter, shall clearly display the U-rating, as defined in 20.19(b)(1),
(2) on the packaging material of the handset. An explanation of the ANSI
C63.19-2001 U-rating system shall also be included in the owner's manual
or as an insert in the packaging material for the handset.
(g) Enforcement. Enforcement of this section is hereby delegated to
those states which adopt this section and provide for enforcement. The
procedures followed by a state to enforce
[[Page 23]]
this section shall provide a 30-day period after a complaint is filed,
during which time state personnel shall attempt to resolve a dispute on
an informal basis. If a state has not adopted or incorporated this
section, or failed to act within 6 months from the filing of a complaint
with the state public utility commission, the Commission will accept
such complaints. A written notification to the complainant that the
state believes action is unwarranted is not a failure to act. The
procedures set forth in part 68, subpart E of this chapter are to be
followed.
[68 FR 54175, Sept. 16, 2003, as amended at 70 FR 43325, July 27, 2005;
72 FR 27709, May 16, 2007]
Sec. 20.20 Conditions applicable to provision of CMRS service
by incumbent Local Exchange Carriers.
(a) Separate affiliate. An incumbent LEC providing in-region
broadband CMRS shall provide such services through an affiliate that
satisfies the following requirements:
(1) The affiliate shall maintain separate books of account from its
affiliated incumbent LEC. Nothing in this section requires the affiliate
to maintain separate books of account that comply with part 32 of this
chapter;
(2) The affiliate shall not jointly own transmission or switching
facilities with its affiliated incumbent LEC that the affiliated
incumbent LEC uses for the provision of local exchange service in the
same in-region market. Nothing in this section prohibits the affiliate
from sharing personnel or other resources or assets with its affiliated
incumbent LEC; and
(3) The affiliate shall acquire any services from its affiliated
incumbent LEC for which the affiliated incumbent LEC is required to file
a tariff at tariffed rates, terms, and conditions. Other transactions
between the affiliate and the incumbent LEC for services that are not
acquired pursuant to tariff must be reduced to writing and must be made
on a compensatory, arm's length basis. All transactions between the
incumbent LEC and the affiliate are subject to part 32 of this chapter,
including the affiliate transaction rules. Nothing in this section shall
prohibit the affiliate from acquiring any unbundled network elements or
exchange services for the provision of a telecommunications service from
its affiliated incumbent LEC, subject to the same terms and conditions
as provided in an agreement approved under section 252 of the
Communications Act of 1934, as amended.
(b) Independence. The affiliate required in paragraph (a) of this
section shall be a separate legal entity from its affiliated incumbent
LEC. The affiliate may be staffed by personnel of its affiliated
incumbent LEC, housed in existing offices of its affiliated incumbent
LEC, and use its affiliated incumbent LEC's marketing and other
services, subject to paragraphs (a)(3) and (c) of this section.
(c) Joint marketing. Joint marketing of local exchange and exchange
access service and CMRS services by an incumbent LEC shall be subject to
part 32 of this chapter. In addition, such agreements between the
affiliate and the incumbent LEC must be reduced to writing and made
available for public inspection upon request at the principle place of
business of the affiliate and the incumbent LEC. The documentation must
include a certification statement identical to the certification
statement currently required to be included with all Automated Reporting
and Management Information Systems (ARMIS) reports. The affiliate must
also provide a detailed written description of the terms and conditions
of the transaction on the Internet within 10 days of the transaction
through the affiliate's home page.
(d) Exceptions. (1) Rural telephone companies. Rural telephone
companies are exempted from the requirements set forth in paragraphs
(a), (b) and (c) of this section. A competing telecommunications
carrier, interconnected with the rural telephone company, however, may
petition the FCC to remove the exemption, or the FCC may do so on its
own motion, where the rural telephone company has engaged in
anticompetitive conduct.
(2) Incumbent LECs with fewer than 2 percent of subscriber lines.
Incumbent LECs with fewer than 2 percent of the nation's subscriber
lines installed in the aggregate nationwide may petition the FCC for
suspension or modification
[[Page 24]]
of the requirements set forth in paragraphs (a), (b) and (c) of this
section. The FCC will grant such a petition where the incumbent LEC
demonstrates that suspension or modification of the separate affiliate
requirement is
(i) Necessary to avoid a significant adverse economic impact on
users of telecommunications services generally or to avoid a requirement
that would be unduly economically burdensome, and
(ii) Consistent with the public interest, convenience, and
necessity.
(e) Definitions. Terms used in this section have the following
meanings:
Affiliate. ``Affiliate'' means a person that (directly or
indirectly) owns or controls, is owned or controlled by, or is under
common ownership with, another person. For purposes of this section, the
term ``own'' means to own an equity interest (or the equivalent thereof)
of more than 10 percent.
Broadband Commercial Mobile Radio Service (Broadband CMRS). For the
purposes of this section, ``broadband CMRS'' means Cellular
Radiotelephone Service (part 22, subpart H of this chapter), Specialized
Mobile Radio (part 90, subpart S of this chapter), and broadband
Personal Communications Services (part 24, subpart E of this chapter).
Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC''
has the same meaning as that term is defined in Sec. 51.5 of this
chapter.
In-region. For the purposes of this section, an incumbent LEC's
broadband CMRS service is considered ``in-region'' when 10 percent or
more of the population covered by the CMRS affiliate's authorized
service area, as determined by the 1990 census figures, is within the
affiliated incumbent LEC's wireline service area.
Rural Telephone Company. ``Rural Telephone Company'' has the same
meaning as that term is defined in Sec. 51.5 of this chapter.
(f) Sunset. This section will no longer be effective after January
1, 2002.
[62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001]
PART 22_PUBLIC MOBILE SERVICES--Table of Contents
Subpart A_Scope and Authority
Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.99 Definitions.
Subpart B_Licensing Requirements and Procedures
Applications and Notifications
22.107 General application requirements.
22.131 Procedures for mutually exclusive applications.
22.143 Construction prior to grant of application.
22.150 Standard pre-filing technical coordination procedure.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.
Competitive Bidding Procedures
22.201 Paging geographic area authorizations are subject to competitive
bidding.
22.203-22.211 [Reserved]
22.213 Filing of Long-form applications.
22.215 [Reserved]
22.217 Bidding credits for small businesses.
22.221 Eligibility for partitioned licenses.
22.223 Designated entities.
22.225 Certifications, disclosures, records maintenance, and
definitions.
22.227 Petitions to deny and limitations on settlements.
22.228 Cellular rural service area licenses subject to competitive
bidding.
22.229 Designated entities.
Subpart C_Operational and Technical Requirements
Operational Requirements
22.301 Station inspection.
22.303 Retention of station authorizations; identifying transmitters.
22.305 Operator and maintenance requirements.
22.307 Operation during emergency.
22.313 Station identification.
22.317 Discontinuance of station operation.
22.321 Equal employment opportunities.
22.325 Control points.
Technical Requirements
22.351 Channel assignment policy.
22.352 Protection from interference.
22.353 Blanketing interference.
22.355 Frequency tolerance.
22.357 Emission types.
[[Page 25]]
22.359 Emission limitations.
22.365 Antenna structures; air navigation safety.
22.371 Disturbance of AM broadcast station antenna patterns.
22.377 Certification of transmitters.
22.383 In-building radiation systems.
Subpart D_Developmental Authorizations
22.401 Description and purposes of developmental authorizations.
22.403 General limitations.
22.409 Developmental authorization for a new Public Mobile Service or
technology.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.
Subpart E_Paging and Radiotelephone Service
22.501 Scope.
22.503 Paging geographic area authorizations.
22.507 Number of transmitters per station.
22.509 Procedures for mutually exclusive applications in the Paging and
Radiotelephone Service.
22.511 Construction period for the Paging and Radiotelephone Service.
22.513 Partitioning and disaggregation.
22.515 Permissible communications paths.
22.527 Signal boosters.
22.529 Application requirements for the Paging and Radiotelephone
Service.
Paging Operation
22.531 Channels for paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.559 Paging application requirements.
One-way or Two-way Mobile Operation
22.561 Channels for one-way or two-way mobile operation.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station functions.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.
Point-to-Point Operation
22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.599 Assignment of 72-76 MHz channels.
22.601 Existing microwave stations licensed under this part.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.
Point-to-Multipoint Operation
22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.
470-512 MHz Trunked Mobile Operation
22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
22.657 Transmitter locations.
22.659 Effective radiated power limits.
Subpart F_Rural Radiotelephone Service
22.701 Scope.
22.702 Eligibility.
22.703 Separate rural subscriber station authorization not required.
22.705 Rural radiotelephone system configuration.
22.709 Rural radiotelephone service application requirements.
22.711 Provision of information to applicants.
22.713 Construction period for rural radiotelephone stations.
22.715 Technical channel assignment criteria for rural radiotelephone
stations.
22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
22.721 Geographic area authorizations.
22.723 Secondary site-by-site authorizations.
22.725 Channels for conventional rural radiotelephone stations and basic
exchange telephone radio systems.
22.727 Power limits for conventional rural radiotelephone transmitters.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
22.757 Channels for basic exchange telephone radio systems.
22.759 Power limit for BETRS.
Subpart G_Air-Ground Radiotelephone Service
22.801 Scope.
[[Page 26]]
General Aviation Air-Ground Stations
22.805 Channels for general aviation air-ground service.
22.807 General aviation air-ground station application requirements.
22.809 Transmitting power limits.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.
Commercial Aviation Air-Ground Systems
22.853 Eligibility to hold interest in licenses limited to 3 MHz of
spectrum.
22.857 Frequency bands.
22.859 Incumbent commercial aviation air-ground systems.
22.861 Emission limitations.
22.863 Frequency stability.
22.867 Effective radiated power limits.
22.873 Construction requirements for commercial aviation air-ground
systems.
22.877 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.
22.878 Obligation to abate unacceptable interference.
22.879 Interference resolution procedures.
22.880 Information exchange.
22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
22.882 Designated entities.
Subpart H_Cellular Radiotelephone Service
22.900 Scope.
22.901 Cellular service requirements and limitations.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.917 Emission limitations for cellular equipment.
22.921 911 Call processing procedures; 911-only calling mode.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobile stations.
22.929 Application requirements for the Cellular Radiotelephone Service.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.939 Site availability requirements for applications competing with
cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.943 Limitations on transfer of control and assignment for
authoriziations issued as a result of a comparative renewal
proceeding.
22.946 Service commencement and construction systems.
22.947 Five year build-out period.
22.948 Partitioning and Disaggregation.
22.949 Unserved area licensing process.
22.950 Provision of service in the Gulf of Mexico Service Area (GMSA).
22.951 Minimum coverage requirement.
22.953 Content and form of applications.
22.955 Canadian condition.
22.957 Mexican condition.
22.959 Rules governing processing of applications for initial systems.
22.960 Cellular unserved area radiotelephone licenses subject to
competitive bidding.
22.961-22.967 [Reserved]
22.969 Cellular RSA licenses subject to competitive bidding.
22.970 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90-800 MHz
cellular systems.
22.971 Obligation to abate unacceptable interference.
22.972 Interference resolution procedures.
22.973 Information exchange.
Subpart I_Offshore Radiotelephone Service
22.1001 Scope.
22.1003 Eligibility.
22.1005 Priority of service.
22.1007 Channels for offshore radiotelephone systems.
22.1009 Transmitter locations.
22.1011 Antenna height limitations.
22.1013 Effective radiated power limitations.
22.1015 Repeater operation.
22.1025 Permissible communications.
22.1031 Temporary fixed stations.
22.1035 Construction period.
22.1037 Application requirements for offshore stations.
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
Source: 59 FR 59507, Nov. 17, 1994, unless otherwise noted.
Subpart A_Scope and Authority
Sec. 22.1 Basis and purpose.
This section contains a concise general statement of the basis and
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the
requirements
[[Page 27]]
and conditions under which radio stations may be licensed and used in
the Public Mobile Services.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]
Sec. 22.3 Authorization required.
Stations in the Public Mobile Services must be used and operated
only in accordance with the rules in this part and with a valid
authorization granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights
beyond the terms, conditions and period specified in the authorization.
Authorizations may be granted upon proper application, provided that the
FCC finds that the applicant is qualified in regard to citizenship,
character, financial, technical and other criteria, and that the public
interest, convenience and necessity will be served. See 47 U.S.C. 301,
308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations in
the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service, is included in the authorization held by the
licensee providing service to them. Subscribers are not required to
apply for, and the FCC does not accept applications from subscribers
for, individual mobile or fixed station authorizations in the Public
Mobile Services, except that individual authorizations are required to
operate rural subscriber stations in the Rural Radiotelephone Service
under certain circumstances. See Sec. 22.703.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19307, Apr. 13, 2005]
Sec. 22.5 Citizenship.
The rules in this section implement section 310 of the
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard
to the citizenship of licensees in the Public Mobile Services.
(a) Foreign governments. The FCC will not grant an authorization in
the Public Mobile Services to any foreign government or any
representative thereof.
(b) Alien ownership or control. The FCC will not grant an
authorization in the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign
government;
(3) Any corporation of which more than one-fifth of the capital
stock is owned of record or voted by aliens or their representatives or
by a foreign government or representative thereof, or by any corporation
organized under the laws of a foreign country;
(4) Any corporation directly or indirectly controlled by any other
corporation of which more than one-fourth of the capital stock is owned
of record or voted by aliens, their representatives, or by a foreign
government or representative thereof, or by any corporation organized
under the laws of a foreign country, if the FCC finds that the public
interest will be served by the refusal or revocation of such license.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996]
Sec. 22.7 General eligibility.
Any entity, other than those precluded by section 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to
hold a license under this part. Applications are granted only if the
applicant is legally, financially, technically and otherwise qualified
to render the proposed service.
[70 FR 19307, Apr. 13, 2005]
Sec. 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which
licensees are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone
Service authorized for use on aircraft while in flight or on the ground.
Antenna structure. A structure comprising an antenna, the tower or
other structure that exists solely to support antennas, and any
surmounting appurtenances (attachments such as beacons or lightning
rods).
Antenna. A device that converts radio frequency electrical energy to
radiated electromagnetic energy and vice versa;
[[Page 28]]
in a transmitting station, the device from which radio waves are
emitted.
Authorized bandwidth. The necessary or occupied bandwidth of an
emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the
authorized transmitter(s) must be contained, in accordance with the
rules in this part. The authorized spectrum comprises one channel
bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public
Mobile systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including
those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located
in the immediate vicinity of a transmitter, caused by currents directly
induced into the consumer receiver's circuitry by the relatively high
field strength of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service,
transmitters added to the first cellular system authorized on a channel
block in a cellular market during the five year build-out period in
order to expand the coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially
on the ground from an antenna location in the following azimuths with
respect to true North: 0[deg], 45[deg], 90[deg], 135[deg], 180[deg],
225[deg], 270[deg], 315[deg].
Carrier frequency. The frequency of the unmodulated electrical wave
at the output of an amplitude modulated (AM), frequency modulated (FM)
or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a
cellular system.
Cellular Geographic Service Area. The geographic area served by a
cellular system, within which that system is entitled to protection and
adverse effects are recognized, for the purpose of determining whether a
petitioner has standing. See Sec. 22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
Sec. 22.909.
Cellular Radiotelephone Service. A radio service in which licensees
are authorized to offer and provide cellular service for hire to the
general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a
stationary transmitter or device that automatically re-radiates the
transmissions of base transmitters at a particular cell site and mobile
stations communicating with those base transmitters, with or without
channel translation.
Cellular service. Radio telecommunication services provided using a
cellular system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting
power and automatic hand-off between base stations of communications in
progress to enable channels to be reused at relatively short distances.
Cellular systems may also employ digital techniques such as voice
encoding and decoding, data compression, error correction, and time or
code division multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a
channel.
Central office transmitter. A fixed transmitter in the Rural
Radiotelephone Service that provides service to rural subscriber
stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by the
FCC for one emission. In certain circumstances, however, more than one
emission may be transmitted on a channel.
Channel bandwidth. The spectral width of a channel, as specified in
this part, within which 99% of the emission power must be contained.
[[Page 29]]
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not
individually. In this part, channel pairs are indicated by an ellipsis
between the center frequencies.
Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber
communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the Air-
Ground Radiotelephone Service, a channel used to transmit information
necessary to establish or maintain communications. In the other Public
Mobile Services, a channel that may be assigned to a control
transmitter.
Control point. A location where the operation of a public mobile
station is supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile
Services that transmits control signals to one or more base or fixed
stations for the purpose of controlling the operation of the base or
fixed stations, and/or transmits subscriber communications to one or
more base or fixed stations that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field
strength is lower than the minimum level for reliable service. Service
within dead spots is presumed.
Dispatch service. A radiotelephone service comprising communications
between a dispatcher and one or more mobile units. These communications
normally do not exceed one minute in duration and are transmitted
directly through a base station, without passing through mobile
telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line, duplexers etc.) is the
power that would be necessary at the input terminals of a reference
half-wave dipole antenna in order to produce the same maximum field
intensity. ERP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to a half-wave dipole, in the direction of interest.
Emission. The electromagnetic energy radiated from an antenna.
Emission designator. An internationally accepted symbol for
describing an emission in terms of its bandwidth and the characteristics
of its modulation, if any. See Sec. 2.201 of this chapter for details.
Emission mask. The design limits imposed, as a condition or
certification, on the mean power of emissions as a function of frequency
both within the authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent
isotropically radiated power of a transmitter (with antenna,
transmission line, duplexers etc.) is the power that would be necessary
at the input terminals of a reference isotropic radiator in order to
produce the same maximum field intensity. An isotropic radiator is a
theoretical lossless point source of radiation with unity gain in all
directions. EIRP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to an isotropic radiator, in the direction of interest.
Extension. In the Cellular Radiotelephone Service, an area within
the service area boundary of a cellular system, but outside of the
market boundary. See Sec. Sec. 22.911(c) and 22.912.
Facsimile service. Transmission of still images from one place to
another by means of radio.
Fill-in transmitters. Transmitters added to a station, in the same
area and transmitting on the same channel or channel block as previously
authorized transmitters, that do not expand the existing service area,
but are established for the purpose of improving reception in dead
spots.
Five year build-out period. A five year period during which the
licensee of the first cellular system authorized on each channel block
in each cellular market may expand the system within that market. See
Sec. 22.947.
[[Page 30]]
Fixed transmitter. A stationary transmitter that communicates with
other stationary transmitters.
Frequency. The number of cycles occurring per second of an
electrical or electromagnetic wave; a number representing a specific
point in the electromagnetic spectrum.
Ground station. In the Air-Ground Radiotelephone Service, a
stationary transmitter that provides service to airborne mobile
stations.
Gulf of Mexico Service Area (GMSA). The cellular market comprising
the water area of the Gulf of Mexico bounded on the West, North and East
by the coastline. Coastline, for this purpose, means the line of
ordinary low water along that portion of the coast which is in direct
contact with the open sea, and the line marking the seaward limit of
inland waters. Inland waters include bays, historic inland waters and
waters circumscribed by a fringe of islands within the immediate
vicinity of the shoreline.
Height above average terrain (HAAT). The height of an antenna above
the average elevation of the surrounding area.
In-building radiation systems. Supplementary systems comprising low
power transmitters, receivers, indoor antennas and/or leaky coaxial
cable radiators, designed to improve service reliability inside
buildings or structures located within the service areas of stations in
the Public Mobile Services.
Initial cellular applications. Applications for authority to
construct and operate a new cellular system, excluding applications for
interim operating authority.
Interfering contour. The locus of points surrounding a transmitter
where the predicted median field strength of the signal from that
transmitter is the maximum field strength that is not considered to
cause interference at the service contour of another transmitter.
Interoffice transmitter. A fixed transmitter in the Rural
Radiotelephone Service that communicates with other interoffice
transmitters for the purpose of interconnecting rural central offices.
Mobile station. One or more transmitters that are capable of
operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this
chapter. The bandwidth so calculated is considered to be the minimum
necessary to convey information at the desired rate with the desired
accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between
upper and lower frequencies where 0.5% of the emission power is above
the upper frequency and 0.5% of the emission power is below the lower
frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which licensees
are authorized to offer and provide radio telecommunication services for
hire to subscribers on structures in the offshore coastal waters of the
Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile
transmitters in the Offshore Radiotelephone Service that receive service
from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person and
to give an aural, visual or tactile indication when activated by the
reception of a radio signal containing its specific code. It may also
reproduce sounds and/or display messages that were also transmitted.
Some pagers also transmit a radio signal acknowledging that a message
has been received.
Paging geographic area authorization. An authorization conveying the
exclusive right to establish and expand one or more stations throughout
a paging geographic area or, in the case of a partitioned geographic
area, throughout a specified portion of a paging geographic area, on a
specified channel allocated for assignment in the Paging and
Radiotelephone Service. These are subject to the conditions that no
interference may be caused to existing co-
[[Page 31]]
channel stations operated by other licensees within the paging
geographic area and that no interference may be caused to existing or
proposed co-channel stations of other licensees in adjoining paging
geographic areas.
Paging geographic areas. Standard geographic areas used by the FCC
for administrative convenience in the licensing of stations to operate
on channels allocated for assignment in the Paging and Radiotelephone
Service. See Sec. 22.503(b).
Paging and Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide paging and radiotelephone
service for hire to the general public. This service was formerly titled
Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose
of activating specific pagers; such transmissions may include messages
and/or sounds.
Partitioned cellular market. A cellular market with two or more
authorized cellular systems on the same channel block during the five
year build-out period, as a result of settlements during initial
licensing or contract(s) between the licensee of the first cellular
system and the licensee(s) of the subsequent systems. See Sec.
22.947(b).
Public Mobile Services. Radio services in which licensees are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
Radio telecommunication services. Communication services provided by
the use of radio, including radiotelephone, radiotelegraph, paging and
facsimile service.
Radiotelegraph service. Transmission of messages from one place to
another by means of radio.
Radiotelephone service. Transmission of sound from one place to
another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system
in the Public Mobile Services other than one to which it is a
subscriber.
Rural Radiotelephone Service. A radio service in which licensees are
authorized to offer and provide radio telecommunication services for
hire to subscribers in areas where it is not feasible to provide
communication services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the
Rural Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be
reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter where
the predicted median field strength of the signal from that transmitter
is the minimum field strength that is considered sufficient to provide
reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is
not affiliated with, controlled by or related to the providing carrier.
Signal booster. A stationary device that automatically reradiates
signals from base transmitters without channel translation, for the
purpose of improving the reliability of existing service by increasing
the signal strength in dead spots.
Station. A station equipped to engage in radio communication or
radio transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership,
association, joint-stock company, trust or corporation engaged in
rendering radio telecommunications services to the general public for
hire.
Temporary fixed station. One or more fixed transmitters that
normally do not remain at any particular location for longer than 6
months.
Universal licensing system. The Universal Licensing System (ULS) is
the consolidated database, application filing system, and processing
system for all Wireless Radio Services. ULS supports electronic filing
of all applications and related documents by applicants and licensees in
the Wireless Radio Services, and provides public access to licensing
information.
Unserved areas. With regard to a channel block allocated for
assignment in the Cellular Radiotelephone Service: Geographic area in
the District of Columbia, or any State, Territory or possession of the
United States of America
[[Page 32]]
that is not within the CGSA of any cellular system authorized to
transmit on that channel block. With regard to a channel allocated for
assignment in the Paging and Radiotelephone Service: Geographic area
within the District of Columbia, or any State, Territory or possession
of the United States of America that is not within the service contour
of any base transmitter in any station authorized to transmit on that
channel.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996;
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603,
July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 70
FR 19307, Apr. 13, 2005]
Subpart B_Licensing Requirements and Procedures
Applications and Notifications
Sec. 22.107 General application requirements.
In general, applications for authorizations, assignments of
authorizations, or consent to transfer of control of licensees in the
Public Mobile Services must:
(a) Demonstrate the applicant's qualifications to hold an
authorization in the Public Mobile services;
(b) State how a grant would serve the public interest, convenience,
and necessity;
(c) Contain all information required by FCC rules or application
forms;
(d) Propose operation of a facility in compliance with all rules
governing the Public Mobile service;
(e) Be amended as necessary to remain substantially accurate and
complete in all significant respects, in accordance with the provisions
of Sec. 1.65 of this chapter; and,
(f) Be signed in accordance with Sec. 1.743 of this chapter.
Sec. 22.131 Procedures for mutually exclusive applications.
Two or more pending applications are mutually exclusive if the grant
of one application would effectively preclude the grant of one or more
of the others under Commission rules governing the Public Mobile
Services involved. The Commission uses the general procedures in this
section for processing mutually exclusive applications in the Public
Mobile Services. Additional specific procedures are prescribed in the
subparts of this part governing the individual Public Mobile Services
(see Sec. Sec. 22.509, 22.717, and 22.949) and in part 1 of this
chapter.
(a) Separate applications. Any applicant that files an application
knowing that it will be mutually exclusive with one or more applications
should not include in the mutually exclusive application a request for
other channels or facilities that would not, by themselves, render the
application mutually exclusive with those other applications. Instead,
the request for such other channels or facilities should be filed in a
separate application.
(b) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The Commission may dismiss as
defective (pursuant to Sec. 1.945 of this chapter) any mutually
exclusive application(s) whose filing date is outside of the date range
for inclusion in the filing group. The types of filing groups used in
day-to-day application processing are specified in paragraph (c)(3) of
this section. A filing group is one of the following types:
(1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed
mutually exclusive competing applications (see Sec. 1.935 of this
chapter).
(2) Same-day filing group. A same-day filing group comprises all
mutually exclusive applications whose filing date is the same day, which
is normally the filing date of the first-filed application(s).
(3) Thirty-day notice and cut-off filing group. A 30-day notice and
cut-off filing group comprises mutually exclusive applications whose
filing date is no later than thirty (30) days after the date of the
Public Notice listing the first-filed application(s) (according to the
filing dates) as acceptable for filing.
(4) Window filing group. A window filing group comprises mutually
exclusive applications whose filing date is within an announced filing
window. An announced filing window is a period of
[[Page 33]]
time between and including two specific dates, which are the first and
last dates on which applications (or amendments) for a particular
purpose may be accepted for filing. In the case of a one-day window, the
two dates are the same. The dates are made known to the public in
advance.
(c) Procedures. Generally, the Commission may grant one application
in a filing group of mutually exclusive applications and dismiss the
other application(s) in the filing that are excluded by that grant,
pursuant to Sec. 1.945 of this chapter.
(1) Selection methods. In selecting the application to grant, the
Commission will use competitive bidding.
(2) Dismissal of applications. The Commission may dismiss any
application in a filing group that is defective or otherwise subject to
dismissal under Sec. 1.945 of this chapter, either before or after
employing selection procedures.
(3) Type of filing group used. Except as otherwise provided in this
part, the type of filing group used in the processing of two or more
mutually exclusive applications depends upon the purpose(s) of the
applications.
(i) If one of the mutually exclusive applications is a timely-filed
application for renewal of an authorization, a renewal filing group is
used.
(ii) If any mutually exclusive application filed on the earliest
filing date is an application for modification and none of the mutually
exclusive applications is a timely-filed application for renewal, a
same-day filing group is used.
(iii) If all of the mutually exclusive applications filed on the
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I
unserved area applications in the Cellular Radiotelephone Service, a
one-day window filing group is used (see Sec. 22.949).
(4) Disposition. If there is only one application in any type of
filing group, the Commission may grant that application and dismiss
without prejudice any mutually exclusive applications not in the filing
group. If there is more than one mutually exclusive application in a
filing group, the Commission disposes of these applications as follows:
(i) Applications in a renewal filing group. All mutually exclusive
applications in a renewal filing group are designated for comparative
consideration in a hearing.
(ii) Applications in a 30-day notice and cut-off filing group. (A)
If all of the mutually exclusive applications in a 30-day notice and
cut-off filing group are applications for initial authorization, the FCC
administers competitive bidding procedures in accordance with Sec.
22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter, as
applicable. After such procedures, the application of the successful
bidder may be granted and the other applications may be dismissed
without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice
and cut-off filing group is an application for modification, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the FCC may designate all applications in the
filing group for comparative consideration in a hearing. In this event,
the result of the hearing disposes all of the applications in the filing
group.
(iii) Applications in a same-day filing group. If there are two or
more mutually exclusive applications in a same-day filing group, the
Commission may attempt to resolve the mutual exclusivity by facilitating
a settlement between the applicants. If a settlement is not reached
within a reasonable time, the Commission may designate all applications
in the filing group for comparative consideration in a hearing. In this
event, the result of the hearing disposes of all of the applications in
the filing group.
(iv) Applications in a window filing group. Applications in a window
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this
section.
(d) Terminology. For the purposes of this section, terms have the
following meanings:
(1) The filing date of an application is the date on which that
application was
[[Page 34]]
received in a condition acceptable for filing or the date on which the
most recently filed major amendment to that application was received,
whichever is later, excluding major amendments in the following
circumstances:
(i) The major amendment reflects only a change in ownership or
control found by the Commission to be in the public interest;
(ii) The major amendment as received is defective or otherwise found
unacceptable for filing; or
(iii) The application being amended has been designated for hearing
and the Commission or the presiding officer accepts the major amendment.
(2) An application for initial authorization is:
(i) Any application requesting an authorization for a new system or
station;
(ii) Any application requesting authorization for an existing
station to operate on an additional channel, unless the additional
channel is for paired two-way radiotelephone operation, is in the same
frequency range as the existing channel(s), and will be operationally
integrated with the existing channel(s) such as by trunking;
(iii) Any application requesting authorization for a new transmitter
at a location more than 2 kilometers (1.2 miles) from any existing
transmitters of the applicant licensee on the requested channel or
channel block; or
(iv) Any application to expand the CGSA of a cellular system (as
defined in Sec. 22.911), except during the five-year build-out period.
(v) Any ``short-form'' application (filed on FCC Form 175)
requesting a new paging geographic area authorization.
[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997;
63 FR 68943, Dec. 14, 1998]
Sec. 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services
prior to grant of their applications, subject to the provisions of this
section, but must not operate such facilities until the FCC grants an
authorization. If the conditions stated in this section are not met,
applicants must not begin to construct facilities in the Public Mobile
Services.
(a) When applicants may begin construction. An applicant may begin
construction of a facility 35 days after the date of the Public Notice
listing the application for that facility as acceptable for filing,
except that an applicant whose application to operate a new cellular
system was selected in a random selection process may begin construction
of that new cellular system 35 days after the date of the Public Notice
listing it as the tentative selectee.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an
application is pending, and so notifies the applicant, orally (followed
by written confirmation) or in writing, the applicant must not begin
construction or, if construction has begun, must stop construction
immediately.
(c) Assumption of risk. Applicants that begin construction pursuant
to this section before receiving an authorization do so at their own
risk and have no recourse against the United States for any losses
resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility
into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is
subject to the following conditions:
(1) The application is not mutually exclusive with any other
application, except for successful bidders and tentative selectees in
the Cellular Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one
or more FCC rules;
(4) For any construction or alteration that would exceed the
requirements of Sec. 17.7 of this chapter, the licensee has notified
the appropriate Regional Office of the Federal Aviation Administration
(FAA Form 7460-1), filed a request for antenna height
[[Page 35]]
clearance and obstruction marking and lighting specifications (FCC Form
854) with the FCC at WTB, Spectrum Management Resources and Technologies
Division, 1270 Fairfield Road, Gettysburg, PA 17325, or electronically
via the FCC Antenna Structure Registration home page, wireless.fcc.gov/
antenna/.
(5) The applicant has indicated in the application that the proposed
facility would not have a significant environmental effect, in
accordance with Sec. Sec. 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this
part, individual coordination of the proposed channel assignment(s) with
a foreign administration is not required.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19308, Apr. 13, 2005]
Sec. 22.150 Standard pre-filing technical coordination procedure.
For operations on certain channels in the Public Mobile Services,
carriers must attempt to coordinate the proposed use of spectrum with
other spectrum users prior to filing an application for authority to
operate a station. Rules requiring this procedure for specific channels
and types of stations are contained in the subparts governing the
individual Public Mobile Services.
(a) Coordination comprises two steps--notification and response.
Each step may be accomplished orally or in writing.
(b) Notification must include relevant technical details of the
proposal. At minimum, this should include the following:
(1) Geographical coordinates of the antenna site(s).
(2) Transmitting and receiving channels to be added or changed.
(3) Transmitting power, emission type and polarization.
(4) Transmitting antenna pattern and maximum gain.
(5) Transmitting antenna height above ground level.
(c) Applicants and licensees receiving notification must respond
promptly, even if no channel usage conflicts are anticipated. If any
notified party fails to respond within 30 days, the applicant may file
the application without a response from that party.
(d) The 30-day period begins on the date the notification is
submitted to the Commission via the ULS. If the notification is by mail,
this date may be ascertained by:
(1) The return receipt on certified mail,
(2) The enclosure of a card to be dated and returned by the party
being notified, or
(3) A reasonable estimate of the time required for the mail to reach
its destination. In this case, the date when the 30-day period will
expire must be stated in the notification.
(e) All channel usage conflicts discovered during the coordination
process should be resolved prior to filing of the application. If the
applicant is unable or unwilling to resolve a particular conflict, the
application may be accepted for filing if it contains a statement
describing the unresolved conflict and a brief explanation of the
reasons why a resolution was not achieved.
(f) If a number of changes in the technical parameters of a proposed
facility become necessary during the course of the coordination process,
an attempt should be made to minimize the number of separate
notifications. If the changes are incorporated into a completely revised
notice, the items that were changed from the previous notice should be
identified.
(g) In situations where subsequent changes are not numerous or
complex, the party receiving the changed notification should make an
effort to respond in less than 30 days. If the applicant believes a
shorter response time is reasonable and appropriate, it should so
indicate in the notice and suggest a response date.
(h) If a subsequent change in the technical parameters of a proposed
facility could not affect the facilities of one or more of the parties
that received an initial notification, the applicant is not required to
coordinate that change with these parties. However, these parties must
be advised of the change and of the opinion that coordination is not
required.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68944, Dec. 14, 1998]
[[Page 36]]
Sec. 22.165 Additional transmitters for existing systems.
A licensee may operate additional transmitters at additional
locations on the same channel or channel block as its existing system
without obtaining prior Commission approval provided:
(a) International coordination. The locations and/or technical
parameters of the additional transmitters are such that individual
coordination of the channel assignment(s) with a foreign administration,
under applicable international agreements and rules in this part, is not
required.
(b) Antenna structure registration. Certain antenna structures must
be registered with the Commission prior to construction or alteration.
Registration requirements are contained in part 17 of this chapter.
(c) Environmental. The additional transmitters must not have a
significant environmental effect as defined by Sec. Sec. 1.1301 through
1.1319 of this chapter.
(d) Paging and Radiotelephone Service. The provisions in this
paragraph apply for stations in the Paging and Radiotelephone Service.
(1) The interfering contours of the additional transmitter(s) must
be totally encompassed by the composite interfering contour of the
existing station (or stations under common control of the applicant) on
the same channel, except that this limitation does not apply to
nationwide network paging stations or in-building radiation systems.
(2) Additional transmitters in the 43 MHz frequency range operate
under developmental authority, subject to the conditions set forth in
Sec. 22.411.
(3) The additional transmitters must not operate on control channels
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz
frequency ranges.
(e) Cellular radiotelephone service. During the five-year build-out
period, the service area boundaries of the additional transmitters, as
calculated by the method set forth in Sec. 22.911(a), must remain
within the market, except that the service area boundaries may extend
beyond the market boundary into the area that is part of the CGSA or is
already encompassed by the service area boundaries of previously
authorized facilities. After the five-year build-out period, the service
area boundaries of the additional transmitters, as calculated by the
method set forth in Sec. 22.911(a), must remain within the CGSA.
Licensees must notify the Commission (FCC Form 601) of any transmitters
added under this section that cause a change in the CGSA boundary. The
notification must include full size and reduced maps, and supporting
engineering, as described in Sec. 22.953(a)(1) through (3). If the
addition of transmitters involves a contract service area boundary (SAB)
extension (see Sec. 22.912), the notification must include a statement
as to whether the five-year build-out period for the system on the
relevant channel block in the market into which the SAB extends has
elapsed and whether the SAB extends into any unserved area in the
market. The notification must be made electronically via the ULS, or
delivered to the filing place (see Sec. 1.913 of this chapter) once
yearly during the five-year build-out on the anniversary of the license
grant date.
(f) Air-ground Radiotelephone Service. Ground stations may be added
to Commercial Aviation air-ground systems at previously established
ground station locations, pursuant to Sec. 22.859, subject to
compliance with the applicable technical rules. This section does not
apply to General Aviation air-ground stations.
(g) Rural Radiotelephone Service. A ``service area'' and
``interfering contours'' must be determined using the same method as for
stations in the Paging and Radiotelephone Service. The service area and
interfering contours so determined for the additional transmitter(s)
must be totally encompassed by the similarly determined composite
service area contour and predicted interfering contour, respectively, of
the existing station on the same channel. This section does not apply to
Basic Exchange Telecommunications Radio Systems.
(h) Offshore Radiotelephone Service. This section does not apply to
stations in the Offshore Radiotelephone Service.
(i) Provision of information upon request. Upon request by the FCC,
licensees must supply administrative or
[[Page 37]]
technical information concerning the additional transmitters. At the
time transmitters are added pursuant to this section, licensees must
make a record of the pertinent technical and administrative information
so that such information is readily available. See Sec. 22.303.
[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at
62 FR 11629, Mar. 12, 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240,
Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002]
Sec. 22.169 International coordination of channel assignments.
Channel assignments under this part are subject to the applicable
provisions and requirements of treaties and other international
agreements between the United States government and the governments of
Canada and Mexico.
Competitive Bidding Procedures
Source: 62 FR 11629, Mar. 12, 1997, unless otherwise noted.
Sec. 22.201 Paging geographic area authorizations
are subject to competitive bidding.
Mutually exclusive initial applications for paging geographic area
licenses are subject to competitive bidding. The general competitive
bidding procedures set forth in part 1, subpart Q of this chapter will
apply unless otherwise provided in this subpart and part 90 of this
chapter.
[67 FR 45366, July 9, 2002]
Sec. Sec. 22.203-22.211 [Reserved]
Sec. 22.213 Filing of long-form applications.
After an auction, the Commission will not accept long form
applications for paging geographic authorizations from anyone other than
the auction winners and parties seeking partitioned authorizations
pursuant to agreements with auction winners under Sec. 22.221.
[67 FR 45366, July 9, 2002]
Sec. 22.215 [Reserved]
Sec. 22.217 Bidding credit for small businesses.
A winning bidder that qualifies as a small business, as defined in
Sec. 22.223(b)(1), or a consortium of small businesses may use a
bidding credit of thirty-five (35) percent to lower the cost of its
winning bid. A winning bidder that qualifies as a small business, as
defined in Sec. 22.223(b)(2), or consortium of small businesses may use
a bidding credit of twenty-five (25) percent to lower the cost of its
winning bid.
[68 FR 42998, July 21, 2003]
Sec. 22.221 Eligibility for partitioned licenses.
If partitioned licenses are being applied for in conjunction with a
license(s) to be awarded through competitive bidding procedures--
(a) The applicable procedures for filing short-form applications and
for submitting upfront payments and down payments contained in this
chapter shall be followed by the applicant, who must disclose as part of
its short-form application all parties to agreement(s) with or among
other entities to partition the license pursuant to this section, if won
at auction (see 47 CFR 1.2105(a)(2)(viii));
(b) Each party to an agreement to partition the authorization must
file a long-form application (FCC Form 601) for its respective, mutually
agreed-upon geographic area together with the application for the
remainder of the MEA or EA filed by the auction winner.
(c) If the partitioned authorization is being applied for as a
partial assignment of the MEA or EA authorization following grant of the
initial authorization, request for authorization for partial assignment
of an authorization shall be made pursuant to Sec. 1.948 of this part.
[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]
Sec. 22.223 Designated entities.
(a) Scope. The definitions in this section apply to Sec. Sec.
22.201 through 22.227, unless otherwise specified in those sections.
[[Page 38]]
(b) A small business is an entity that either:
(1) Together with its affiliates and controlling interests has
average gross revenues that are not more than $3 million for the
preceding three years; or
(2) Together with its affiliates and controlling interests has
average gross revenues that are not more than $15 million for the
preceding three years.
[68 FR 42998, July 21, 2003]
Sec. 22.225 Certifications, disclosures, records
maintenance, and definitions.
(a) Records maintenance. All winning bidders qualifying as small
businesses shall maintain at their principal place of business an
updated file of ownership, revenue, and asset information, including any
documents necessary to establish small businesses under Sec. 22.223.
Licensees (and their successors-in-interest) shall maintain such files
for the term of the license. Applicants that do not obtain the
license(s) for which they applied shall maintain such files until the
grant of such license(s) is final, or one year from the date of the
filing of their short-form application (FCC Form 175), whichever is
earlier.
(b) Definition. The term small business used in this section is
defined in Sec. 22.223.
[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]
Sec. 22.227 Petitions to deny and limitations on settlements.
(a) Procedures regarding petitions to deny long-form applications in
the paging service will be governed by Sec. 1.939 of this chapter.
(b) The consideration that an individual or an entity will be
permitted to receive for agreeing to withdraw an application or petition
to deny will be limited by the provisions set forth in Sec. 1.935 of
this chapter.
[67 FR 45367, July 9, 2002]
Sec. 22.228 Cellular rural service area licenses subject
to competitive bidding.
Mutually exclusive initial applications for Cellular Rural Service
Area licenses are subject to competitive bidding. The general
competitive bidding procedures set forth in part 1, subpart Q of this
chapter will apply unless otherwise provided in this subpart.
[67 FR 45367, July 9, 2002]
Sec. 22.229 Designated entities.
(a) Eligibility for small business provisions. (1) A very small
business is an entity that, together with its controlling interests and
affiliates, has average annual gross revenues not exceeding $3 million
for the preceding three years.
(2) A small business is an entity that, together with its
controlling interests and affiliates, has average annual gross revenues
not exceeding $15 million for the preceding three years.
(3) An entrepreneur is an entity that, together with its controlling
interests and affiliates, has average annual gross revenues not
exceeding $40 million for the preceding three years.
(b) Bidding credits. A winning bidder that qualifies as a very small
business, as defined in this section, or a consortium of very small
businesses may use the bidding credit specified in Sec. 1.2110(f)(2)(i)
of this chapter. A winning bidder that qualifies as a small business, as
defined in this section, or a consortium of small businesses may use the
bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter. A
winning bidder that qualifies as an entrepreneur, as defined in this
section, or a consortium of entrepreneurs may use the bidding credit
specified in Sec. 1.2110(f)(2)(iii) of this chapter.
[67 FR 11434, Mar. 14, 2002, as amended at 68 FR 42998, July 21, 2003]
Subpart C_Operational and Technical Requirements
Operational Requirements
Sec. 22.301 Station inspection.
Upon reasonable request, the licensee of any station authorized in
the Public Mobile Services must make the station and station records
available for inspection by authorized representatives of the Commission
at any reasonable hour.
[59 FR 59955, Nov. 21, 1994]
[[Page 39]]
Sec. 22.303 Retention of station authorizations; identifying transmitters.
The current authorization for each station, together with current
administrative and technical information concerning modifications to
facilities pursuant to Sec. 1.929 of this chapter, and added facilities
pursuant to Sec. 22.165 must be retained as a permanent part of the
station records. A clearly legible photocopy of the authorization must
be available at each regularly attended control point of the station, or
in lieu of this photocopy, licensees may instead make available at each
regularly attended control point the address or location where the
licensee's current authorization and other records may be found.
[70 FR 61058, Oct. 20, 2005]
Sec. 22.305 Operator and maintenance requirements.
FCC operator permits and licenses are not required to operate,
repair or maintain equipment authorized in the Public Mobile Services.
Station licensees are responsible for the proper operation and
maintenance of their stations, and for compliance with FCC rules.
Sec. 22.307 Operation during emergency.
Licensees of stations in the Public Mobile services may, during a
period of emergency in which normal communications facilities are
disrupted as a result of hurricane, flood, earthquake or other natural
disaster, civil unrest, widespread vandalism, national emergencies or
emergencies declared by Executive Order of the President, use their
stations to temporarily provide emergency communications services in a
manner or configuration not normally allowed by this part, provided that
such operations comply with the provisions of this section.
(a) Technical limitations. Public Mobile stations providing
temporary emergency communications service must not transmit:
(1) On channels other than those authorized for normal operations.
(2) With power in excess of that authorized for normal operations;
(3) Emission types other than those authorized for normal
operations.
(b) Discontinuance. Temporary emergency use of Public Mobile
stations must be discontinued as soon as normal communication facilities
are restored. The FCC may, at any time, order the discontinuance of any
such emergency communication services.
Sec. 22.313 Station identification.
The licensee of each station in the Public Mobile Services must
ensure that the transmissions of that station are identified in
accordance with the requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground
Radiotelephone Service;
(3) [Reserved]
(4) Stations using Basic Exchange Telephone Radio Systems in the
Rural Radiotelephone Service;
(5) [Reserved]
(6) Stations operating pursuant to paging geographic area
authorizations.
(b) For all other stations in the Public Mobile Services, station
identification must be transmitted each hour within five minutes of the
hour, or upon completion of the first transmission after the hour.
Transmission of station identification may be temporarily delayed to
avoid interrupting the continuity of any public communication in
progress, provided that station identification is transmitted at the
conclusion of that public communication.
(c) Station identification must be transmitted by telephony using
the English language or by telegraphy using the international Morse
code, and in a form that can be received using equipment appropriate for
the modulation type employed, and understood without the use of
unscrambling devices, except that, alternatively, station identification
may be transmitted digitally, provided that the licensee provides the
Commission with information sufficient to decode the digital
transmission to ascertain the call sign. Station identification
comprises transmission of the call sign assigned by the Commission to
the station, however,
[[Page 40]]
the following may be used in lieu of the call sign.
(1) For transmission from subscriber operated transmitters, the
telephone number or other designation assigned by the carrier, provided
that a written record of such designations is maintained by the carrier;
(2) For general aviation airborne mobile stations in the Air-Ground
Radiotelephone Service, the official FAA registration number of the
aircraft;
(3) For stations in the Paging and Radiotelephone Service, a call
sign assigned to another station within the same system.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994;
62 FR 11633, Mar. 12, 1997; 70 FR 19308, Apr. 13, 2005]
Sec. 22.317 Discontinuance of station operation.
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send authorization for cancellation by
electronic filing via the ULS on FCC Form 601. For purposes of this
section, any station that has not provided service to subscribers for 90
continuous days is considered to have been permanently discontinued,
unless the applicant notified the FCC otherwise prior to the end of the
90 day period and provided a date on which operation will resume, which
date must not be in excess of 30 additional days.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996;
63 FR 68944, Dec. 14, 1998]
Sec. 22.321 Equal employment opportunities.
Public Mobile Services licensees shall afford equal opportunity in
employment to all qualified persons, and personnel must not be
discriminated against in employment because of sex, race, color,
religion, or national origin.
(a) Equal employment opportunity program. Each licensee shall
establish, maintain, and carry out a positive continuing program of
specific practices designed to assure equal opportunity in every aspect
of employment policy and practice.
(1) Under the terms of its program, each licensee shall:
(i) Define the responsibility of each level of management to insure
a positive application and vigorous enforcement of the policy of equal
opportunity, and establish a procedure to review and control managerial
and supervisory performance.
(ii) Inform its employees and recognized employee organizations of
the positive equal employment opportunity policy and program and enlist
their cooperation.
(iii) Communicate its equal employment opportunity policy and
program and its employment needs to sources of qualified applicants
without regard to sex, race, color, religion or national origin, and
solicit their recruitment assistance on a continuing basis.
(iv) Conduct a continuing campaign to exclude every form of
prejudice or discrimination based upon sex, race, color, religion, or
national origin, from the licensee's personnel policies and practices
and working conditions.
(v) Conduct a continuing review of job structure and employment
practices and adopt positive recruitment, training, job design and other
measures needed in order to ensure genuine equality of opportunity to
participate fully in all organizational units, occupations and levels of
responsibility.
(2) The program must reasonably address specific concerns through
policies and actions as set forth in this paragraph, to the extent that
they are appropriate in consideration of licensee size, location and
other factors.
(i) To assure nondiscrimination in recruiting. (A) Posting notices
in the licensee's offices informing applicants for employment of their
equal employment rights and their right to notify the Equal Employment
Opportunity Commission (EEOC), the Federal Communications Commission
(FCC), or other appropriate agency. Where a substantial number of
applicants are Spanish-surnamed Americans, such notice should be posted
in both Spanish and English.
(B) Placing a notice in bold type on the employment application
informing prospective employees that discrimination because of sex,
race, color, religion or national origin is prohibited, and that they
may notify the EEOC, the FCC or other appropriate agency if
[[Page 41]]
they believe they have been discriminated against.
(C) Placing employment advertisements in media which have
significant circulation among minority groups in the recruiting area.
(D) Recruiting through schools and colleges with significant
minority group enrollments.
(E) Maintaining systematic contacts with minority and human
relations organizations, leaders and spokespersons to encourage referral
of qualified minority or female applicants.
(F) Encouraging present employees to refer minority or female
applicants.
(G) Making known to the appropriate recruitment sources in the
employer's immediate area that qualified minority members are being
sought for consideration whenever the licensee hires.
(ii) To assure nondiscrimination in selection and hiring. (A)
Instructing employees of the licensee who make hiring decisions that all
applicants for all jobs are to be considered without discrimination.
(B) Where union agreements exist, cooperating with the union or
unions in the development of programs to assure qualified minority
persons or females of equal opportunity for employment, and including an
effective nondiscrimination clause in new or renegotiated union
agreements.
(C) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iii) To assure nondiscriminatory placement and promotion. (A)
Instructing employees of the licensee who make decisions on placement
and promotion that minority employees and females are to be considered
without discrimination, and that job areas in which there is little or
no minority or female representation should be reviewed to determine
whether this results from discrimination.
(B) Giving minority groups and female employees equal opportunity
for positions which lead to higher positions. Inquiring as to the
interest and skills of all lower-paid employees with respect to any of
the higher-paid positions, followed by assistance, counseling, and
effective measures to enable employees with interest and potential to
qualify themselves for such positions.
(C) Reviewing seniority practices to insure that such practices are
nondiscriminatory and do not have a discriminatory effect.
(D) Avoiding use of selection techniques or tests that have the
effect of discriminating against minority groups or females.
(iv) To assure nondiscrimination in other areas of employment
practices. (A) Examining rates of pay and fringe benefits for present
employees with equivalent duties and adjusting any inequities found.
(B) Providing opportunity to perform overtime work on a basis that
does not discriminate against qualified minority groups or female
employees.
(b) EEO statement. Each licensee having 16 or more full-time
employees shall file with the FCC, no later than May 31st following the
grant of that licensee's first Public Mobile Services authorization, a
statement describing fully its current equal employment opportunity
program, indicating specific practices to be followed in order to assure
equal employment opportunity on the basis of sex, race, color, religion
or national origin in such aspects of employment practices as regards
recruitment, selection, training, placement, promotion, pay, working
conditions, demotion, layoff and termination. Any licensee having 16 or
more full-time employees that changes its existing equal employment
opportunity program shall file with the FCC, no later than May 31st
thereafter, a revised statement reflecting the change(s).
Note to paragraph (b) of Sec. 22.321: Licensees having 16 or more
full-time employees that were granted their first Public Mobile Services
authorization prior to January 1, 1995, and do not have a current EEO
statement on file with the FCC, must file such statement, required by
paragraph (b) of this section, no later than May 31, 1995.
(c) Report of complaints filed against licensees. Each licensee,
regardless of how many employees it has, shall submit an annual report
to the FCC no later than May 31st of each year indicating whether any
complaints regarding violations by the licensee or equal employment
provisions of Federal, State, Territorial, or local law have
[[Page 42]]
been filed before anybody having competent jurisdiction.
(1) The report should state the parties involved, the date filing,
the courts or agencies before which the matters have been heard, the
appropriate file number (if any), and the respective disposition or
current status of any such complaints.
(2) Any licensee who has filed such information with the EEOC may
file a notification of such filing with the FCC in lieu of a report.
(d) Complaints of violations of Equal Employment Programs.
Complaints alleging employment discrimination against a common carrier
licensee are considered by the FCC in the following manner:
(1) If a complaint raising an issue of discrimination is received
against a licensee who is within the jurisdiction of the EEOC, it is
submitted to that agency. The FCC maintains a liaison with that agency
that keeps the FCC informed of the disposition of complaints filed
against common carrier licensees.
(2) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC
but is covered by appropriate enforceable State law, to which penalties
apply, may be submitted by the FCC to the respective State agency.
(3) Complaints alleging employment discrimination against a common
carrier licensee who does not fall under the jurisdiction of the EEOC or
an appropriate State law, are accorded appropriate treatment by the FCC.
(4) The FCC will consult with the EEOC on all matters relating to
the evaluation and determination of compliance by the common carrier
licensees with the principles of equal employment as set forth herein.
(5) Complaints indicating a general pattern of disregard of equal
employment practices which are received against a licensee that is
required to file an employment report to the FCC under Sec. 1.815(a) of
this chapter are investigated by the FCC.
(e) FCC records. A copy of every annual employment report, equal
employment opportunity program statement, reports on complaints
regarding violation of equal employment provisions of Federal, State,
Territorial, or local law, and copies of all exhibits, letters, and
other documents filed as part thereof, all amendments thereto, all
correspondence between the licensee and the FCC pertaining to the
reports after they have been filed and all documents incorporated
therein by reference, are open for public inspection at the offices of
the FCC.
(f) Licensee records. Each licensee required to file annual
employment reports (pursuant to Sec. 1.815(a) of this chapter), equal
employment opportunity program statements, and annual reports on
complaints regarding violations of equal employment provisions of
Federal, State, Territorial, or local law shall maintain for public
inspection a file containing a copy of each such report and copies of
all exhibits, letters, and other documents filed as part thereto, all
correspondence between the licensee and the FCC pertaining to the
reports after they have been filed and all documents incorporated
therein by reference. The documents must be retained for a period of 2
years.
Sec. 22.325 Control points.
Each station in the Public Mobile Services must have at least one
control point and a person on duty who is responsible for station
operation. This section does not require that the person on duty be at
the control point or continuously monitor all transmissions of the
station. However, the control point must have facilities that enable the
person on duty to turn off the transmitters in the event of a
malfunction.
Technical Requirements
Sec. 22.351 Channel assignment policy.
The channels allocated for use in the Public Mobile Services are
listed in the applicable subparts of this part. Channels and channel
blocks are assigned in such a manner as to facilitate the rendition of
service on an interference-free basis in each service area. Except as
otherwise provided in this part, each channel or channel block is
assigned exclusively to one licensee in each
[[Page 43]]
service area. All applicants for, and licensees of, stations in the
Public Mobile Services shall cooperate in the selection and use of
channels in order to minimize interference and obtain the most efficient
use of the allocated spectrum.
[70 FR 19308, Apr. 13, 2005]
Sec. 22.352 Protection from interference.
Public Mobile Service stations operating in accordance with
applicable FCC rules and the terms and conditions of their
authorizations are normally considered to be non-interfering. If the FCC
determines, however, that interference that significantly interrupts or
degrades a radio service is being caused, it may, in accordance with the
provisions of sections 303(f) and 316 of the Communications Act of 1934,
as amended, (47 U.S.C. 303(f), 316), require modifications to any Public
Mobile station as necessary to eliminate such interference.
(a) Failure to operate as authorized. Any licensee causing
interference to the service of other stations by failing to operate its
station in full accordance with its authorization and applicable FCC
rules shall discontinue all transmissions, except those necessary for
the immediate safety of life or property, until it can bring its station
into full compliance with the authorization and rules.
(b) Intermodulation interference. Licensees should attempt to
resolve such interference by technical means.
(c) Situations in which no protection is afforded. Except as
provided elsewhere in this part, no protection from interference is
afforded in the following situations:
(1) Interference to base receivers from base or fixed transmitters.
Licensees should attempt to resolve such interference by technical means
or operating arrangements.
(2) Inteference to mobile receivers from mobile transmitters. No
protection is provided against mobile-to-mobile interference.
(3) Interference to base receivers from mobile transmitters. No
protection is provided against mobile-to-base interference.
(4) Interference to fixed stations. Licensees should attempt to
resolve such interference by technical means or operating arrangements.
(5) Anomalous or infrequent propagation modes. No protection is
provided against interference caused by tropospheric and ionospheric
propagation of signals.
(6) Facilities for which the Commission is not notified. No
protection is provided against interference to the service of any
additional or modified transmitter operating pursuant to Sec. Sec.
1.929 or 22.165, unless and until the licensee modifies its
authorization using FCC Form 601.
(7) In-building radiation systems. No protection is provided against
interference to the service of in-building radiation systems (see Sec.
22.383).
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997;
63 FR 68944, Dec. 14, 1998; 70 FR 19308, Apr. 13, 2005]
Sec. 22.353 Blanketing interference.
Licensees of Public Mobile Services stations are responsible for
resolving cases of blanketing interference in accordance with the
provisions of this section.
(a) Except as provided in paragraph (c) of this section, licensees
must resolve any cases of blanketing interference in their area of
responsibility caused by operation of their transmitter(s) during a one-
year period following commencement of service from new or modified
transmitter(s). Interference must be resolved promptly at no cost to the
complainant.
(b) The area of responsibility is that area in the immediate
vicinity of the transmitting antenna of stations where the field
strength of the electromagnetic radiation from such stations equals or
exceeds 115 dB[micro]V/m. To determine the radial distance to the
boundary of this area, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TR17NO94.007
where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts
The maximum effective radiated power in the pertinent direction, without
consideration of the antenna's vertical radiation pattern or height,
must be used in the formula.
[[Page 44]]
(c) Licensees are not required to resolve blanketing interference to
mobile receivers or non-RF devices or blanketing interference occurring
as a result of malfunctioning or mistuned receivers, improperly
installed consumer antenna systems, or the use of high gain antennas or
antenna booster amplifiers by consumers.
(d) Licensees that install transmitting antennas at a location where
there are already one or more transmitting antennas are responsible for
resolving any new cases of blanketing interference in accordance with
this section.
(e) Two or more licensees that concurrently install transmitting
antennas at the same location are jointly responsible for resolving
blanketing interference cases, unless the FCC can readily determine
which station is causing the interference, in which case the licensee of
that station is held fully responsible.
(f) After the one year period of responsibility to resolve
blanketing interference, licensees must provide upon request technical
information to complainants on remedies for blanketing interference.
Sec. 22.355 Frequency tolerance.
Except as otherwise provided in this part, the carrier frequency of
each transmitter in the Public Mobile Services must be maintained within
the tolerances given in Table C-1 of this section.
Table C-1--Frequency Tolerance for Transmitters in the Public Mobile
Services
------------------------------------------------------------------------
Base, fixed Mobile <=3 Mobile <=3
Frequency range (MHz) (ppm) watts (ppm) watts (ppm)
------------------------------------------------------------------------
25 to 50......................... 20.0 20.0 50.0
50 to 450........................ 5.0 5.0 50.0
450 to 512....................... 2.5 5.0 5.0
821 to 896....................... 1.5 2.5 2.5
928 to 929....................... 5.0 n/a n/a
929 to 960....................... 1.5 n/a n/a
2110 to 2220..................... 10.0 n/a n/a
------------------------------------------------------------------------
[61 FR 54099, Oct. 17, 1996]
Sec. 22.357 Emission types.
Any authorized station in the Public Mobile Services may transmit
emissions of any type(s) that comply with the applicable emission rule,
i.e. Sec. 22.359, Sec. 22.861 or Sec. 22.917.
[70 FR 19308, Apr. 13, 2005]
Sec. 22.359 Emission limitations.
The rules in this section govern the spectral characteristics of
emissions in the Public Mobile Services, except for the Air-Ground
Radiotelephone Service (see Sec. 22.861, instead) and the Cellular
Radiotelephone Service (see Sec. 22.917, instead).
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent
to the authorized frequency range or channel, a resolution bandwidth of
at least one percent of the emission bandwidth of the fundamental
emission of the transmitter may be employed. A narrower resolution
bandwidth is permitted in all cases to improve measurement accuracy
provided the measured power is integrated over the full required
measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth,
as specified). The emission bandwidth is defined as the width of the
signal between two points, one below the carrier center frequency and
one above the carrier center frequency, outside of which all emissions
are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in the Public
Mobile Services may establish an alternative out of band emission limit
to be used at specified frequencies (band edges) in specified
geographical areas, in lieu of that set forth in this section, pursuant
to a private contractual arrangement of all affected licensees and
applicants. In this event, each party to such contract shall maintain a
copy of the contract in their station files and disclose it to
prospective assignees or transferees and, upon request, to the FCC.
[[Page 45]]
(d) Interference caused by out of band emissions. If any emission
from a transmitter operating in any of the Public Mobile Services
results in interference to users of another radio service, the FCC may
require a greater attenuation of that emission than specified in this
section.
[70 FR 19308, Apr. 13, 2005]
Sec. 22.365 Antenna structures; air navigation safety.
Licensees that own their antenna structures must not allow these
antenna structures to become a hazard to air navigation. In general,
antenna structure owners are responsible for registering antenna
structures with the FCC if required by part 17 of this chapter, and for
installing and maintaining any required marking and lighting. However,
in the event of default of this responsibility by an antenna structure
owner, each FCC permittee or licensee authorized to use an affected
antenna structure will be held responsible by the FCC for ensuring that
the antenna structure continues to meet the requirements of part 17 of
this chapter. See Sec. 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted
and maintained in accordance with Part 17 of this chapter and all
applicable rules and requirements of the Federal Aviation
Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees
and permittees, in the event of default by an antenna structure owner)
may enter into contracts with other entities to monitor and carry out
necessary maintenance of antenna structures. Antenna structure owners
(or licensees and permittees, in the event of default by an antenna
structure owner) that make such contractual arrangements continue to be
responsible for the maintenance of antenna structures in regard to air
navigation safety.
[61 FR 4365, Feb. 6, 1996]
Sec. 22.371 Disturbance of AM broadcast station antenna patterns.
Public Mobile Service licensees that construct or modify towers in
the immediate vicinity of AM broadcast stations are responsible for
measures necessary to correct disturbance of the AM station antenna
pattern which causes operation outside of the radiation parameters
specified by the FCC for the AM station, if the disturbance occurred as
a result of such construction or modification.
(a) Non-directional AM stations. If tower construction or
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the Public Mobile Service
licensee must notify the licensee of the AM broadcast station in advance
of the planned construction or modification. Measurements must be made
to determine whether the construction or modification affected the AM
station antenna pattern. The Public Mobile Service licensee is
responsible for the installation and continued maintenance of any
detuning apparatus necessary to restore proper non-directional
performance of the AM station tower.
(b) Directional AM stations. If tower construction or modification
is planned within 3 kilometers (1.9 miles) of a directional AM broadcast
station array, the Public Mobile Service licensee must notify the
licensee of the AM broadcast station in advance of the planned
construction or modification. Measurements must be made to determine
whether the construction or modification affected the AM station antenna
pattern. The Public Mobile Service licensee is responsible for the
installation and continued maintenance of any detuning apparatus
necessary to restore proper performance of the AM station array.
Sec. 22.377 Certification of transmitters.
Except as provided in paragraph (b) of this section, transmitters
used in the Public Mobile Services, including those used with signal
boosters, in-building radiation systems and cellular repeaters, must be
certificated for use in the radio services regulated under this part.
Transmitters must be certificated when the station is ready for service,
not necessarily at the time of filing an application.
(a) The FCC may list as certificated only transmitters that are
capable of meeting all technical requirements of the rules governing the
service in
[[Page 46]]
which they will operate. The procedure for obtaining certification is
set forth in part 2 of this chapter.
(b) Transmitters operating under a developmental authorization (see
subpart D of this part) do not have to be certificated.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996;
63 FR 36603, July 7, 1998; 67 FR 77191, Dec. 17, 2002]
Sec. 22.383 In-building radiation systems.
Licensees may install and operate in-building radiation systems
without applying for authorization or notifying the FCC, provided that
the locations of the in-building radiation systems are within the
protected service area of the licensee's authorized transmitter(s) on
the same channel or channel block.
Subpart D_Developmental Authorizations
Sec. 22.401 Description and purposes of developmental authorizations.
Eligible entities (see Sec. 22.7) may apply for, and the FCC may
grant, authority to construct and operate one or more transmitters
subject to the rules in this subpart and other limitations, waivers and/
or conditions that may be prescribed. Authorizations granted on this
basis are developmental authorizations. In general, the FCC grants
developmental authorizations in situations and circumstances where it
cannot reasonably be determined in advance whether a particular
transmitter can be operated or a particular service can be provided
without causing interference to the service of existing stations. For
example, the FCC may grant developmental authorizations for:
(a) Field strength surveys to evaluate the technical suitability of
antenna locations for stations in the Public Mobile Services;
(b) Experimentation leading to the potential development of a new
Public Mobile Service or technology; or,
(c) Stations transmitting on channels in certain frequency ranges,
to provide a trial period during which it can be individually determined
whether such stations can operate without causing excessive interference
to existing services.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]
Sec. 22.403 General limitations.
The provisions and requirements of this section are applicable to
all developmental authorizations.
(a) Developmental authorizations are granted subject to the
condition that they may be cancelled by the FCC at any time, upon notice
to the licensee, and without the opportunity for a hearing.
(b) Except as otherwise indicated in this subpart, developmental
authorizations normally terminate one year from the date of grant. The
FCC may, however, specify a different term.
(c) Stations operating under developmental authorizations must not
interfere with the services of regularly authorized stations.
(d) A grant of a developmental authorization does not provide any
assurance that the FCC will grant an application for regular
authorization to operate the same transmitter(s), even if operation
during the developmental period has not caused interference and/or the
developmental program is successful.
Sec. 22.409 Developmental authorization for a new Public Mobile Service or technology.
The FCC may grant applications for developmental authority to
construct and operate transmitters for the purpose of developing a new
Public Mobile Service or a new technology not regularly authorized under
this part, subject to the requirements of this section. Such
applications may request the use of any portion of the spectrum
allocated for Public Mobile Services in the Table of Frequency
Allocations contained in part 2 of this chapter, regardless of whether
that spectrum is regularly available under this part. Requests to use
any portion of the spectrum for a service or purpose other than that
indicated in the Table of Frequency Allocations in part 2 of this
chapter may be made only in accordance with the provisions of part 5 of
this chapter.
[[Page 47]]
(a) Preliminary determination. The FCC will make a preliminary
determination with respect to the factors in paragraphs (a)(1) through
(a)(3) of this section before acting on an application for developmental
authority pursuant to this section. These factors are:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or
technology;
(2) That the proposal appears to have potential value to the public
that could warrant the establishment of the new service or technology;
(3) That some operational data should be developed for consideration
in any rule making proceeding which may be initiated to establish such
service or technology.
(b) Petition required. Applications for developmental authorizations
pursuant to this section must be accompanied by a petition for rule
making requesting the FCC to amend its rules as may be necessary to
provide for the establishment of the proposed service or technology.
(c) Application requirements. Authorizations for developmental
authority pursuant to this section will be issued only upon a showing
that the applicant has a definite program of research and development
which has reasonable promise of substantial contribution to the services
authorized by this part. The application must contain an exhibit
demonstrating the applicant's technical qualifications to conduct the
research and development program, including a description of the nature
and extent of engineering facilities that the applicant has available
for such purpose. Additionally, the FCC may, in its discretion, require
a showing of financial qualification.
(d) Communication service for hire prohibited. Stations authorized
under developmental authorizations granted pursuant to this section must
not be used to provide communication service for hire, unless otherwise
specifically authorized by the FCC.
(e) Adherence to program. Carriers granted developmental
authorization pursuant to this section must substantially adhere to the
program of research and development described in their application for
developmental authorization, unless the FCC directs otherwise.
(f) Report requirements. Upon completion of the program of research
and development, or upon the expiration of the developmental
authorization under which such program was permitted, or at such times
during the term of the station authorization as the FCC may deem
necessary to evaluate the progress of the developmental program, the
licensee shall submit a comprehensive report, containing:
(1) A description of the progress of the program and a detailed
analysis of any result obtained;
(2) Copies of any publications produced by the program;
(3) A listing of any patents applied for, including copies of any
patents issued;
(4) Copies of any marketing surveys or other measures of potential
public demand for the new service;
(5) A description of the carrier's experiences with operational
aspects of the program including--
(i) The duration of transmissions on each channel or frequency range
and the technical parameters of such transmissions; and,
(ii) Any interference complaints received as a result of operation
and how these complaints were investigated and resolved.
(g) Confidentiality. Normally, applications and developmental
reports are a part of the FCC's public records. However, an applicant or
licensee may request that the FCC withhold from public records specific
exhibits, reports and other material associated with a developmental
authorization.
(h) Renewal. Expiring developmental authorizations issued pursuant
to this section may be renewed if the carrier--
(1) Shows that further progress in the program of research and
development requires additional time to operate under developmental
authorization;
(2) Complied with the reporting requirements of paragraph (f) of
this section; and,
(3) Immediately resolved to the FCC's satisfaction all complaints of
interference caused by the station operating under developmental
authority.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996]
[[Page 48]]
Sec. 22.413 Developmental authorization of 72-76 MHz fixed transmitters.
Because of the potential for interference with the reception by
broadcast television sets and video recorders of full service TV
stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are
assigned for use within 16 kilometers (10 miles) of the antenna of any
full service TV station transmitting on TV Channel 4 or 5 only under
developmental authorizations subject to the requirements of this
section, except as provided in paragraph (b) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate the
72-76 MHz fixed station under developmental authority for a period of at
least six months. During the developmental period, carriers must resolve
any broadcast television receiver interference problems that may occur
as a result of operation of the 72-76 MHz transmitter(s).
(b) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a 72-76 MHz fixed station under
the following circumstances:
(1) After six months of operation under developmental authorization,
and provided that broadcast TV interference complaints have been
resolved by the carrier in a satisfactory manner. Licensees that hold a
developmental authorization for a 72-76 MHz fixed station and wish to
request a regular authorization must file an application using FCC Form
601 via the ULS prior to the expiration of the developmental
authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a 72-76 MHz fixed station in the Paging and
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
continuous operation providing service with no substantial
interruptions.
(3) If a proposed 72-76 MHz fixed transmitter antenna is to be
located within 50 meters (164 feet) of the antenna of the full service
TV station transmitting on TV Channel 4 or 5, the FCC may grant a
regular authorization instead of a developmental authorization.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68944, Dec. 14, 1998]
Subpart E_Paging and Radiotelephone Service
Sec. 22.501 Scope.
The rules in this subpart govern the licensing and operation of
public mobile paging and radiotelephone stations. The licensing and
operation of these stations are also subject to rules elsewhere in this
part that apply generally to the Public Mobile Services. However, in
case of conflict, the rules in this subpart govern.
Sec. 22.503 Paging geographic area authorizations.
The FCC considers applications for and issues paging geographic area
authorizations in the Paging and Radiotelephone Service in accordance
with the rules in this section. Each paging geographic area
authorization contains conditions requiring compliance with paragraphs
(h) and (i) of this section.
(a) Channels. The FCC may issue a paging geographic area
authorization for any channel listed in Sec. 22.531 of this part or for
any channel pair listed in Sec. 22.561 of this part.
(b) Paging geographic areas. The paging geographic areas are as
follows:
(1) The Nationwide paging geographic area comprises the District of
Columbia and all States, Territories and possessions of the United
States of America.
(2) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined
below. EAs are defined by the Department of Commerce, Bureau of Economic
Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114
(March 10, 1995). MEAs are based on EAs. In addition to the Department
of Commerce's 172 EAs, the FCC shall separately license Guam and the
Northern Mariana Islands, Puerto Rico and the United States Virgin
Islands, and American Samoa, which have been assigned FCC-created EA
numbers 173-175, respectively, and MEA numbers 49-51, respectively.
[[Page 49]]
(3) The 51 MEAs are composed of one or more EAs as defined in the
following table:
------------------------------------------------------------------------
MEAs EAs
------------------------------------------------------------------------
1 (Boston)................................ 1-3.
2 (New York City)......................... 4-7, 10.
3 (Buffalo)............................... 8.
4 (Philadelphia).......................... 11-12.
5 (Washington)............................ 13-14.
6 (Richmond).............................. 15-17, 20.
7 (Charlotte-Greensboro-Greenville- 18-19, 21-26, 41-42, 46.
Raleigh).
8 (Atlanta)............................... 27-28, 37-40, 43.
9 (Jacksonville).......................... 29, 35.
10 (Tampa-St. Petersburg-Orlando)......... 30, 33-34.
11 (Miami)................................ 31-32.
12 (Pittsburgh)........................... 9, 52-53.
13 (Cincinnati-Dayton).................... 48-50.
14 (Columbus)............................. 51.
15 (Cleveland)............................ 54-55.
16 (Detroit).............................. 56-58, 61-62.
17 (Milwaukee)............................ 59-60, 63, 104-105, 108.
18 (Chicago).............................. 64-66, 68, 97, 101.
19 (Indianapolis)......................... 67.
20 (Minneapolis-St. Paul)................. 106-107, 109-114, 116.
21 (Des Moines-Quad Cities)............... 100, 102-103, 117.
22 (Knoxville)............................ 44-45.
23 (Louisville-Lexington-Evansville)...... 47, 69-70, 72.
24 (Birmingham)........................... 36, 74, 78-79.
25 (Nashville)............................ 71.
26 (Memphis-Jackson)...................... 73, 75-77.
27 (New Orleans-Baton Rouge).............. 80-85.
28 (Little Rock).......................... 90-92, 95.
29 (Kansas City).......................... 93, 99, 123.
30 (St. Louis)............................ 94, 96, 98.
31 (Houston).............................. 86-87, 131.
32 (Dallas-Fort Worth).................... 88-89, 127-130, 135, 137-
138.
33 (Denver)............................... 115, 140-143.
34 (Omaha)................................ 118-121.
35 (Wichita).............................. 122.
36 (Tulsa)................................ 124.
37 (Oklahoma City)........................ 125-126.
38 (San Antonio).......................... 132-134.
39 (El Paso-Albuquerque).................. 136, 139, 155-157.
40 (Phoenix).............................. 154, 158-159.
41 (Spokane-Billings)..................... 144-147, 168.
42 (Salt Lake City)....................... 148-150, 152.
43 (San Francisco-Oakland-San Jose)....... 151, 162-165.
44 (Los Angeles-San Diego)................ 153, 160-161.
45 (Portland)............................. 166-167.
46 (Seattle).............................. 169-170.
47 (Alaska)............................... 171.
48 (Hawaii)............................... 172.
49 (Guam and the Northern Mariana Islands) 173.
50 (Puerto Rico and U.S. Virgin Islands).. 174.
51 (American Samoa)....................... 175.
------------------------------------------------------------------------
(c) Availability. The FCC may determine whether to issue a paging
geographic area authorization for any specific channel or channel pair
in any specific paging geographic area. The FCC may replace existing
site specific authorizations for facilities on a channel or channel pair
located in a paging geographic area with a paging geographic area
authorization for that channel or channel pair, if in its sole
discretion, the FCC determines that the public interest would be served
by such replacement.
(d) Filing windows. The FCC accepts applications for paging
geographic area authorizations only during filing windows. The FCC
issues Public Notices announcing in advance the dates of the filing
windows, and the specific paging geographic areas and channels for which
applications may be accepted.
(e) One grant per geographic area. The FCC may grant one and only
one application for a paging geographic area authorization for any
specific channel or channel pair in any specific paging geographic area
defined in paragraph (b) of this section. Selection from among mutually
exclusive applications for a paging geographic area authorization will
be made in accordance with the procedures in Sec. Sec. 22.131 and
22.200 through 22.299. If after the selection process but prior to
filing a ``long form'' application, a successful bidder decides to
partition the paging geographic area, the FCC may require and accept
multiple ``long form'' applications from the consortium members.
(f) Exclusive right to expand. During the term of a paging
geographic area authorization, the FCC does not accept, from anyone
other than the paging geographic area licensee, any major application
for authorization to operate a facility that would serve unserved area
within the paging geographic area specified in that paging geographic
area authorization, on the channel specified in that paging geographic
area authorization, unless any extension of the interfering contour of
the proposed facility falls:
(1) Within the composite interfering contour of another licensee;
or,
(2) Into unserved area and the paging geographic area licensee
consents to such extension.
(g) Subsequent applications not accepted. During the term of a
paging geographic area authorization, the FCC does not accept any
application for authorization relating to a facility that is or would be
located within the paging geographic area specified in that
[[Page 50]]
paging geographic area authorization, on the channel specified in that
paging geographic area authorization, except in the following
situations:
(1) FCC grant of an application authorizing the construction of the
facility could have a significant environmental effect as defined by
Sec. 1.1307 of this chapter. See Sec. 22.115(a)(5).
(2) Specific international coordination procedures are required,
prior to assignment of a channel to the facility, pursuant to a treaty
or other agreement between the United States government and the
government of Canada or Mexico. See Sec. 22.169.
(3) The paging geographic area licensee or another licensee of a
system within the paging geographic area applies to assign its
authorization or for FCC consent to a transfer of control.
(h) Adjacent geographic area coordination required. Before
constructing a facility for which the interfering contour (as defined in
Sec. 22.537 or Sec. 22.567 of this part, as appropriate for the
channel involved) would extend into another paging geographic area, a
paging geographic area licensee must obtain the consent of the relevant
co-channel paging geographic area licensee, if any, into whose area the
interfering contour would extend. Licensees are expected to cooperate
fully and in good faith attempt to resolve potential interference
problems before bringing matters to the FCC. In the event that there is
no co-channel paging geographic area licensee from whom to obtain
consent in the area into which the interfering contour would extend, the
facility may be constructed and operated subject to the condition that,
at such time as the FCC issues a paging geographic area authorization
for that adjacent geographic area, either consent must be obtained or
the facility modified or eliminated such that the interfering contour no
longer extends into the adjacent geographic area.
(i) Protection of existing service. All facilities constructed and
operated pursuant to a paging geographic area authorization must provide
co-channel interference protection in accordance with Sec. 22.537 or
Sec. 22.567, as appropriate for the channel involved, to all authorized
co-channel facilities of exclusive licensees within the paging
geographic area. Non-exclusive licensees on the thirty-five exclusive
929 MHz channels are not entitled to exclusive status, and will continue
to operate under the sharing arrangements established with the exclusive
licensees and other non-exclusive licensees that were in effect prior to
February 19, 1997. MEA, EA, and nationwide geographic area licensees
have the right to share with non-exclusive licensees on the thirty-five
exclusive 929 MHz channels on a non-interfering basis.
(j) Site location restriction. The transmitting antenna of each
facility constructed and operated pursuant to a paging geographic area
authorization must be located within the paging geographic area
specified in the authorization.
(k) Coverage requirements. Failure by an MEA or EA licensee to meet
either the coverage requirements in paragraphs (k)(1) and (k)(2) of this
section, or alternatively, the substantial service requirement in
paragraph (k)(3) of this section, will result in automatic termination
of authorizations for those facilities that were not authorized,
constructed, and operating at the time the geographic area authorization
was granted. MEA and EA licensees have the burden of showing when their
facilities were authorized, constructed, and operating, and should
retain necessary records of these sites until coverage requirements are
fulfilled. For the purpose of this paragraph, to ``cover'' area means to
include geographic area within the composite of the service contour(s)
determined by the methods of Sec. Sec. 22.537 or 22.567 as appropriate
for the particular channel involved. Licensees may determine the
population of geographic areas included within their service contours
using either the 1990 census or the 2000 census, but not both.
(1) No later than three years after the initial grant of an MEA or
EA geographic area authorization, the licensee must construct or
otherwise acquire and operate sufficient facilities to cover one third
of the population in the paging geographic area. The licensee must
notify the FCC at the end of the three-year period pursuant to Sec.
1.946 of this chapter, either that it has satisfied this requirement or
that it
[[Page 51]]
plans to satisfy the alternative requirement to provide substantial
service in accordance with paragraph (k)(3) of this section.
(2) No later than five years after the initial grant of an MEA or EA
geographic area authorization, the licensee must construct or otherwise
acquire and operate sufficient facilities to cover two thirds of the
population in the paging geographic area. The licensee must notify the
FCC at the end of the five year period pursuant to Sec. 1.946 of this
chapter, either that it has satisfied this requirement or that it has
satisfied the alternative requirement to provide substantial service in
accordance with paragraph (k)(3) of this section.
(3) As an alternative to the coverage requirements of paragraphs
(k)(1) and (k)(2) of this section, the paging geographic area licensee
may demonstrate that, no later than five years after the initial grant
of its paging geographic area authorization, it provides substantial
service to the paging geographic area. ``Substantial service'' means
service that is sound, favorable, and substantially above a level of
mediocre service that would barely warrant renewal.
[62 FR 11633, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998;
64 FR 33782, June 24, 1999]
Sec. 22.507 Number of transmitters per station.
This section concerns the number of transmitters licensed under each
station authorization in the Paging and Radiotelephone Service, other
than paging geographic area authorizations.
(a) Operationally related transmitters. Each station must have at
least one transmitter. There is no limit to the number of transmitters
that a station may comprise. However, transmitters within a station
should be operationally related and/or should serve the same general
geographical area. Operationally related transmitters are those that
operate together as a system (e.g., trunked systems, simulcast systems),
rather than independently.
(b) Split of large systems. The FCC may split wide-area systems into
two or more stations for administrative convenience. Except for
nationwide paging and other operationally related transmitters,
transmitters that are widely separated geographically are not licensed
under a single authorization.
(c) Consolidation of separate stations. The FCC may consolidate
site-specific contiguous authorizations upon request (FCC Form 601) of
the licensee, if appropriate under paragraph (a) of this section. Paging
licensees may include remote, stand-alone transmitters under the single
system-wide authorization, if the remote, stand-alone transmitter is
linked to the system via a control/repeater facility or by satellite.
Including a remote, stand-alone transmitter in a system-wide
authorization does not alter the limitations provided under Sec.
22.503(f) on entities other than the paging geographic area licensee. In
the alternative, paging licensees may maintain separate site-specific
authorizations for stand-alone or remote transmitters. The earliest
expiration date of the authorizations that make up the single system-
wide authorization will determine the expiration date for the system-
wide authorization. Licensees must file timely renewal applications for
site-specific authorizations included in a single system-wide
authorization request until the request is approved. Renewal of the
system-wide authorization will be subject to Sec. 1.949 of this
chapter.
(d) Replacement of site-by-site authorizations with single
authorization. After a paging geographic area authorization for a
channel has been issued, the FCC may, on its own motion, replace the
authorization(s) of any other licensee (for facilities located within
that paging geographic area on that channel) with a single replacement
authorization.
[62 FR 11634, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998;
64 FR 33784, June 24, 1999]
Sec. 22.509 Procedures for mutually exclusive applications in the
Paging and Radiotelephone Service.
Mutually exclusive applications in the Paging and Radiotelephone
Service, including those that are mutually exclusive with applications
in the Rural Radiotelephone Service, are processed in accordance with
Sec. 22.131 and with this section.
[[Page 52]]
(a) Applications in the Paging and Radiotelephone Service may be
mutually exclusive with applications in the Rural Radiotelephone Service
if they seek authorization to operate facilities on the same channel in
the same area, or the technical proposals are otherwise in conflict. See
Sec. 22.567.
(b) A modification application in either service filed on the
earliest filing date may cause all later-filed mutually exclusive
applications of any type in either service to be ``cut off'' (excluded
from a same-day filing group) and dismissed, pursuant to Sec.
22.131(c)(3)(ii) and Sec. 22.131(c)(4).
[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996;
64 FR 33784, June 24, 1999]
Sec. 22.511 Construction period for the Paging and Radiotelephone Service.
The construction period for stations in the Paging and
Radiotelephone Service is one year.
Sec. 22.513 Partitioning and disaggregation.
MEA and EA licensees may apply to partition their authorized
geographic service area or disaggregate their authorized spectrum at any
time following grant of their geographic area authorizations. Nationwide
geographic area licensees may apply to partition their authorized
geographic service area or disaggregate their authorized spectrum at any
time as of August 23, 1999.
(a) Application required. Parties seeking approval for partitioning
and/or disaggregation shall apply for partial assignment of a license
pursuant to Sec. 1.948 of this chapter.
(b) Partitioning. In the case of partitioning, requests for
authorization for partial assignment of a license must include, as
attachments, a description of the partitioned service area and a
calculation of the population of the partitioned service area and the
authorized geographic service area. The partitioned service area shall
be defined by 120 sets of geographic coordinates at points at every 3
degrees azimuth from a point within the partitioned service area along
the partitioned service area boundary unless either an FCC-recognized
service area is used (e.g., MEA or EA) or county lines are followed. The
geographical coordinates must be specified in degrees, minutes, and
seconds to the nearest second latitude and longitude, and must be based
upon the 1983 North American Datum (NAD83). In the case where FCC-
recognized service areas or county lines are used, applicants need only
list the specific area(s) through use of FCC designations or county
names that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply
for partial assignment of authorizations that propose combinations of
partitioning and disaggregation.
(e) License term. The license term for a partitioned license area
and for disaggregated spectrum shall be the remainder of the original
licensee's license term as provided for in Sec. 1.955 of this chapter.
(f) Coverage requirements for partitioning. (1) Parties to a
partitioning agreement must satisfy at least one of the following
requirements:
(i) The partitionee must satisfy the applicable coverage
requirements set forth in Sec. 22.503(k)(1), (2) and (3) for the
partitioned license area; or
(ii) The original licensee must meet the coverage requirements set
forth in Sec. 22.503(k)(1), (2) and (3) for the entire geographic area.
In this case, the partitionee must meet only the requirements for
renewal of its authorization for the partitioned license area.
(2) Parties seeking authority to partition must submit with their
partial assignment application a certification signed by both parties
stating which of the above options they select.
(3) Partitionees must submit supporting documents showing compliance
with their coverage requirements as set forth in Sec. 22.503(k)(1), (2)
and (3).
(4) Failure by any partitionee to meet its coverage requirements
will result in automatic cancellation of the partitioned authorization
without further Commission action.
(g) Coverage requirements for disaggregation. (1) Parties to a
disaggregation agreement must satisfy
[[Page 53]]
at least one of the following requirements:
(i) Either the disaggregator or disaggregatee must satisfy the
coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for
the entire license area; or
(ii) Parties must agree to share responsibility for meeting the
coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for
the entire license area.
(2) Parties seeking authority to disaggregate must submit with their
partial assignment application a certification signed by both parties
stating which of the above requirements they meet.
(3) Disaggregatees must submit supporting documents showing
compliance with their coverage requirements as set forth in Sec. 22.503
(k)(1), (2) and (3).
(4) Parties that accept responsibility for meeting the coverage
requirements and later fail to do so will be subject to automatic
license cancellation without further Commission action.
[64 FR 33784, June 24, 1999]
Sec. 22.515 Permissible communications paths.
Mobile stations may communicate only with and through base stations.
Base stations may communicate only with mobile stations and receivers on
land or surface vessels.
Sec. 22.527 Signal boosters.
Licensees may install and operate signal boosters on channels listed
in Sec. 22.531 only in accordance with the provisions of Sec. 22.165
governing additional transmitters for existing systems. Licensees must
not allow any signal booster that they operate to cause interference to
the service or operation of any other authorized stations or systems.
[61 FR 31051, June 19, 1996]
Sec. 22.529 Application requirements for the Paging and Radiotelephone Service.
In addition to information required by subparts B and D of this
part, applications for authorization in the Paging and Radiotelephone
Service contain required information as described in the instructions to
the form. Site coordinates must be referenced to NAD83 and be correct to
+-1 second.
(a) Administrative information. The following information,
associated with Form 601, is required as indicated. Each application of
any type, including applications for paging geographic area
authorizations, must contain one and only one Schedule A.
(1) The purpose of the filing is required for each application of
any type.
(2) The geographic area designator, channel and geographic area name
are required only for each application for a paging geographic area
authorization.
(3) The FCC control point number, if any, the location (street
address, city or town, state), the telephone number and an indication of
the desired database action are required only for each application
proposing to add or delete a control point.
(4) The FCC location number, file number and location (street
address, city or town, state) of authorized facilities that have not
been constructed are required only for each application requesting an
extension of time to construct those facilities.
(b) Technical data. The following data, associated with FCC Form
601, are required as indicated for each application. Applications for a
paging geographic area authorization must not contain Schedule B. Other
type of applications may contain as many Schedule Bs as are necessary
for the intended purpose.
(1) For each transmitting antenna site to be added, deleted or
modified, the following are required: an indication of the desired
database action, the Commission location number, if any, the street
address or other description of the transmitting antenna site, the city,
county and state, the geographic coordinates (latitude and longitude),
correct to 1 second, of the transmitting antenna
site (NAD83), and in the case of a proposed relocation of a transmitting
antenna, the Commission location number and geographic coordinates,
correct to 1 second, of the transmitting antenna
site (NAD83) to which the geographic coordinates of the current location
are referenced.
(2) For each transmitting antenna site to be added, deleted or
modified,
[[Page 54]]
the following supplementary information is required: An indication as to
whether or not the transmitting antenna site is within 200 kilometers
(124 miles) of the U.S.-Mexico border, and an indication as to whether
or not the transmitting antenna site is North of Line A or East of Line
C. Line A and Line C are defined in Sec. 2.1 of this chapter. For each
adjacent geographic area within 200 kilometers (124 miles) of each
transmitting antenna site to be added, deleted or modified, the
geographic area designator and name, and the shortest distance (in
kilometers) to the boundary of that geographic area.
(3) The height (in meters) above average terrain of the center of
radiation of the antenna, the beamwidth of the main lobe of the
horizontal radiation pattern of the electric field of the antenna, the
height (in meters) to the tip of the antenna above ground level, a polar
plot of the horizontal gain pattern of the antenna, the antenna gain in
the maximum lobe and the electric field polarization of the wave emitted
by the antenna when installed as proposed.
(i) The center frequency of the requested channel, the transmitter
classification (e.g. base, fixed mobile), the designator for any non-
standard emission type to be used, including bandwidth and modulation
type, and the maximum effective radiated power.
(ii) For each of the eight cardinal radials, the antenna height
above the average elevation along the radial, and the effective radiated
power of each transmitter in the direction of the radial.
(iii) For each transmitter proposed to transmit on a channel
reserved for point-to-multipoint operation involving transmission to
four or more points of communications (i.e. base transmitters), the
following is required for each point of communication: an indication of
the desired database action, the location (city or town, state), and the
geographical coordinates (latitude and longitude, NAD 83).
(c) Upon request by an applicant, licensee, or the Commission, a
part 22 applicant or licensee of whom the request is made shall furnish
the antenna type, model, and the name of the antenna manufacturer to the
requesting party within ten (10) days of receiving written notification.
[62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998;
64 FR 53240, Oct. 1, 1999]
Paging Operation
Sec. 22.531 Channels for paging operation.
The following channels are allocated for assignment to base
transmitters that provide paging service, either individually or
collectively under a paging geographic area authorization. Unless
otherwise indicated, all channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
Low VHF Channels
35.20 35.46 43.20 43.46
35.22 35.50 43.22 43.50
35.24 35.54 43.24 43.54
35.26 35.56 43.26 43.56
35.30 35.58 43.30 43.58
35.34 35.60 43.34 43.60
35.38 35.62 43.38 43.62
35.42 35.66 43.42 43.66
High VHF Channels
152.24 152.84 158.10 158.70
UHF Channels
931.0125 931.2625 931.5125 931.7625
931.0375 931.2875 931.5375 931.7875
931.0625 931.3125 931.5625 931.8125
931.0875 931.3375 931.5875 931.8375
931.1125 931.3625 931.6125 931.8625
931.1375 931.3875 931.6375 931.8875
931.1625 931.4125 931.6625 931.9125
931.1875 931.4375 931.6875 931.9375
931.2125 931.4625 931.7125 931.9625
931.2375 931.4875 931.7375 931.9875
(a)-(b) [Reserved]
(c) Upon application using FCC Form 601, common carriers may be
authorized to provide one-way paging service using the leased subcarrier
facilities of broadcast stations licensed under part 73 of this chapter.
(d) Occasionally in case law and other formal and informal
documents, the low VHF channels have been referred to as ``lowband''
channels, and the high VHF channels have been referred to as
``guardband'' channels.
(e) Pursuant to the U.S.-Canada Interim Coordination Considerations
for 929-932 MHz, as amended, only the following UHF channels may be
assigned in the continental United States North
[[Page 55]]
of Line A or in the State of Alaska East of Line C, within the indicated
longitudes:
(1) From longitude W.73[deg] to longitude W.75[deg] and from
longitude W.78[deg] to longitude W.81[deg]:
931.0125 931.1125 931.1875 931.2625
931.0375 931.1375 931.2125 931.8625
931.0625 931.1625 931.2375
(2) From longitude W.81[deg] to longitude W.85[deg]:
931.0125 931.2125 931.3875 931.5875
931.0375 931.2375 931.4125 931.6125
931.0625 931.2625 931.4625 931.6375
931.1125 931.2875 931.4875 931.8625
931.1375 931.3125 931.5125
931.1625 931.3375 931.5375
931.1875 931.3625 931.5625
(3) Longitudes other than specified in paragraphs (e)(1) and (e)(2)
of this section:
931.0125 931.1625 931.2875 931.4125
931.0375 931.1875 931.3125 931.4625
931.0625 931.2125 931.3375 931.8625
931.1125 931.2375 931.3625
931.1375 931.2625 931.3875
(4) At any longitude, with authorization condition requiring
coordinated, shared use and equal access by licensees in both countries:
931.4375 931.8875 931.9125 931.9375
(f) For the purpose of issuing paging geographic authorizations, the
paging geographic areas used for UHF channels are the MEAs, and the
paging geographic areas used for the low and high VHF channels are the
EAs (see Sec. 22.503(b)).
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
62 FR 11635, Mar. 12, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784,
June 24, 1999; 70 FR 19309, Apr. 13, 2005]
Sec. 22.535 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the
channels listed in Sec. 22.531 must not exceed the limits in this
section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in
this paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (Watts)
------------------------------------------------------------------------
35-36...................................................... 600
43-44...................................................... 500
152-159.................................................... 1400
931-932.................................................... 3500
------------------------------------------------------------------------
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of transmitters on the VHF channels must not exceed 500
Watts.
(c) Height-power limit. Except as provided in paragraph (d) of this
section, the ERP of transmitters on the VHF channels must not exceed the
amount that would result in an average distance to the service contour
of 32.2 kilometers (20 miles). The average distance to the service
contour is calculated by taking the arithmetic mean of the distances
determined using the procedures specified in Sec. 22.537 for the eight
cardinal radial directions, excluding cardinal radial directions for
which 90% or more of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Transmitters are exempt
from the basic power and height-power limits of this section if the area
within their interfering contours is totally encompassed by the
interfering contours of operating co-channel base transmitters
controlled by the same licensee. For the purpose of this paragraph,
operating transmitters are authorized transmitters that are providing
service to subscribers.
(e) Adjacent channel protection. The ERP of transmitters must not
exceed 500 Watts if they:
(1) Transmit on a channel in the 152-159 MHz frequency range and are
located less than 5 kilometers (3.1 miles) from any station licensed in
the Private Radio Services that receives on an adjacent channel; or,
(2) Transmit on channel 158.10 or 158.70 MHz and are located less
than 5 kilometers (3.1 miles) from any station licensed in the Public
Mobile Services that receives on either of the following adjacent
channels: 158.07 MHz or 158.67 MHz.
(f) Signal boosters. The effective radiated power of signal boosters
must not exceed 5 watts ERP under any normal operating condition.
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]
Sec. 22.537 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria
for the
[[Page 56]]
channels listed in Sec. 22.531. These criteria permit channel
assignments to be made in a manner such that reception by public paging
receivers of signals from base transmitters, within the service area of
such base transmitters, is protected from interference caused by the
operation of independent co-channel base transmitters.
(a) Contour overlap. The FCC may grant an application requesting
assignment of a channel to a proposed base transmitter only if:
(1) The interfering contour of the proposed transmitter does not
overlap the service contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless that carrier
has agreed in writing to accept any interference that may result from
operation of the proposed transmitter; and,
(2) The service contour of the proposed transmitter does not overlap
the interfering contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless the applicant
agrees to accept any interference that may result from operation of the
protected co-channel transmitter; and,
(3) The area and/or population to which service would be provided by
the proposed transmitter is substantial, and service gained would exceed
that lost as a result of agreements to accept interference.
(b) Protected transmitter. For the purposes of this section,
protected transmitters are authorized transmitters for which there is a
current FCC public record and transmitters proposed in prior-filed
pending applications.
(c) VHF service contour. For paging stations transmitting on the VHF
channels, the distance from the transmitting antenna to the service
contour along each cardinal radial is calculated as follows:
d=1.243xh\0.40\xp\0.20\
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the service contour using the formula in paragraph (c)
of this section with actual HAAT and ERP data for the inter-station
radial and additional radials above and below the inter-station radial
at 2.5[deg] intervals.
(d) VHF interfering contour. For paging stations transmitting on the
VHF channels, the distance from the transmitting antenna to the
interfering contour along each cardinal radial is calculated as follows:
d=6.509xh\0.28\xp\0.17\
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the interfering
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. In resolving petitions to deny, however, the FCC may calculate
the distance to the interfering contour using the formula in paragraph
(d) of this section with actual HAAT and ERP data for the inter-station
radial and additional radials above and below the inter-station radial
at 2.5[deg] intervals.
(e) 931 MHz service contour. For paging stations transmitting on the
931 MHz channels, the service contour is a circle, centered on the
transmitting antenna, with a radius determined from Table E-1 of this
section.
[[Page 57]]
Table E--1-931 MHz Paging Service Radii
----------------------------------------------------------------------------------------------------------------
Service radius km (miles) Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500
----------------------------------------------------------------------------------------------------------------
0-177............................. 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20)
(0-581)
178-305........................... 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26)
(582-1001)
306-427........................... 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35)
(1002-1401)
428-610........................... 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35)
(1402-2001)
611-861........................... 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52)
(2002-2825)
862-1219.......................... 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52)
(2826-3999)
1220+............................. 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52)
(4000+)
----------------------------------------------------------------------------------------------------------------
(f) 931 MHz interfering contour. For paging stations transmitting on
the 931 MHz channels, the interfering contour is a circle, centered on
the transmitting antenna, with a radius determined from Table E-2 of
this section.
Table E--2-931 MHz Paging Interfering Radii
----------------------------------------------------------------------------------------------------------------
Interfering radius km (miles) Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500
----------------------------------------------------------------------------------------------------------------
0-177............................. 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50)
(0-581)
178-305........................... 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60)
(582-1001)
306-427........................... 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81)
(1002-1401)
428-610........................... 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81)
(1402-2001)
611-861........................... 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119)
(2002-2825)
862-1219.......................... 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119)
(2826-3999)
1220+
(4000+)........................... 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) 191.5 (119)
----------------------------------------------------------------------------------------------------------------
(g) In-building radiation systems. The locations of in-building
radiation systems must be within the service contour(s) of the
licensee's authorized transmitter(s) on the same channel. In-building
radiation systems are not protected facilities, and therefore do not
have service or interfering contours.
(h) Signal boosters on 931 MHz channels. For the purpose of
compliance with Sec. 22.165 and notwithstanding paragraphs (e) and (f)
of this section, signal boosters operating on the 931 MHz channels with
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as
a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and
as an interfering contour a circle with a radius of 10 kilometers (6.2
miles).
[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996]
Sec. 22.559 Paging application requirements.
In addition to information required by subparts B and D and Sec.
22.529, applications for authorization to operate a paging transmitter
on the channels listed in Sec. 22.531, other than applications for a
paging geographic area authorization, must contain the applicable
supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of
this section, an exhibit demonstrating compliance
[[Page 58]]
with Sec. 22.537 with regard to protected transmitters is required for
applications to operate a transmitter on the VHF channels. This exhibit
must:
(1) Identify each protected transmitter located within 109
kilometers (68 miles) of the proposed transmitter in directions in which
the distance to the interfering contour is 76.5 kilometers (47.5 miles)
or less, and within 178 kilometers (111 miles) of the proposed
transmitter in directions in which the distance to the interfering
contour exceeds 76.5 kilometers (47.5 miles).
(2) For each protected transmitter identified, show the results of
distance calculations indicating that there would be no overlap of
service and interfering contours, or alternatively, indicate that the
licensee of or applicant for the protected transmitter and/or the
applicant, as required, have agreed in writing to accept any
interference resulting from operation of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within
the interfering contour of the proposed transmitter would be totally
encompassed by interfering contours of operating co-channel base
transmitters controlled by the applicant is required for applications to
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.535. For VHF transmitters, this encompassment
exhibit may substitute for the interference exhibit required in
paragraph (a) of this section.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]
One-way or Two-way Mobile Operation
Sec. 22.561 Channels for one-way or two-way mobile operation.
The following channels are allocated for paired assignment to
transmitters that provide (or support other transmitters that provide)
one-way or two-way public land mobile service, either individually or
collectively under a paging geographic area authorization. The paging
geographic areas used for these channels are the EAs (see Sec.
22.503(b)(3)). These channels may be assigned for use by mobile or base
transmitters as indicated, and or by fixed transmitters (including
control, repeater or other fixed transmitters). The mobile channels may
also be assigned for use by base or fixed transmitters under certain
circumstances (see Sec. 22.567(h)). Unless otherwise indicated, all
channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz.
------------------------------------------------------------------------
Base Mobile Base Mobile
------------------------------------------------------------------------
VHF Channels
------------------------------------------------------------------------
152.03......................... 158.49 152.57............ 157.83
152.06......................... 158.52 152.60............ 157.86
152.09......................... 158.55 152.63............ 157.89
152.12......................... 158.58 152.66............ 157.92
152.15......................... 158.61 152.69............ 157.95
152.18......................... 158.64 152.72............ 157.98
152.21......................... 158.67 152.75............ 158.01
152.51......................... 157.77 152.78............ 158.04
152.54......................... 157.80 152.81............ 158.07
------------------------------------------------------------------------
UHF Channels
------------------------------------------------------------------------
454.025........................ 459.025 454.350........... 459.350
454.050........................ 459.050 454.375........... 459.375
454.075........................ 459.075 454.400........... 459.400
454.100........................ 459.100 454.425........... 459.425
454.125........................ 459.125 454.450........... 459.450
454.150........................ 459.150 454.475........... 459.475
454.175........................ 459.175 454.500........... 459.500
454.200........................ 459.200 454.525........... 459.525
454.225........................ 459.225 454.550........... 459.550
454.250........................ 459.250 454.575........... 459.575
454.275........................ 459.275 454.600........... 459.600
454.300........................ 459.300 454.625........... 459.625
454.325........................ 459.325 454.650........... 459.650
------------------------------------------------------------------------
[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 62
FR 11636, Mar. 12, 1997]
Sec. 22.565 Transmitting power limits.
The transmitting power of base, mobile and fixed transmitters
operating on the channels listed in Sec. 22.561 must not exceed the
limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of base and
fixed transmitters must not exceed the applicable limits in this
paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
152-153.................................................... 1400
157-159.................................................... 150
454-455.................................................... 3500
459-460.................................................... 150
------------------------------------------------------------------------
[[Page 59]]
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed 500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed the amount that
would result in an average distance to the service contour of 41.6
kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for
UHF channels. The average distance to the service contour is calculated
by taking the arithmetic mean of the distances determined using the
procedures specified in Sec. 22.567 for the eight cardinal radial
directions, excluding cardinal radial directions for which 90% or more
of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Base transmitters are
exempt from the basic power and height-power limits of this section if
the area within their interfering contours is totally encompassed by the
interfering contours of operating co-channel based transmitters
controlled by the same licensee. For the purpose of this paragraph,
operating transmitters are authorized transmitters that are providing
service to subscribers.
(e) Adjacent channel protection. The ERP of base and fixed
transmitters must not exceed 500 Watts if they transmit on channel
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any
Private Radio Services station receiving on adjacent channel 454.0000
MHz.
(f) Mobile transmitters. The transmitter output power of mobile
transmitters must not exceed 60 watts.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]
Sec. 22.567 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria
for the channels listed in Sec. 22.561. The criteria in paragraphs (a)
through (f) of this section permit channel assignments to be made in a
manner such that reception by public mobile receivers of signals from
base transmitters, within the service area of such base transmitters, is
protected from interference caused by the operation of independent co-
channel base and fixed transmitters in the Paging and Radiotelephone
Service and central office stations, including Basic Exchange Telephone
Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional
criteria in paragraph (g) of this section permit channel assignments to
be made in a manner such that BETRS communications are protected from
interference caused by the operation of independent co-channel base and
fixed transmitters in the Paging and Radiotelephone Service and other
central office stations in the Rural Radiotelephone Service. Separate
criteria in paragraph (h) of this section apply only to assignment of
the channels designated in Sec. 22.561 as mobile channels to base and
fixed transmitters, and permit these channel assignments to be made in a
manner such that reception by public base and fixed receivers of signals
from associated mobile and fixed transmitters is protected from
interference caused by the operation of independent co-channel base and
fixed transmitters.
(a) Contour overlap. The FCC may grant an application requesting
assignment of a channel to a proposed base, fixed or central office
station transmitter only if:
(1) The interfering contour of the proposed transmitter does not
overlap the service contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless that carrier
has agreed in writing to accept any interference that may result from
operation of the proposed transmitter; and
(2) The service contour of the proposed transmitter does not overlap
the interfering contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless the application
contains a statement that the applicant agrees to accept any
interference that may result from operation of the protected co-channel
transmitter; and
(3) The area and/or population to which service would be provided by
the proposed transmitter is substantial, and service gained would exceed
that lost as a result of agreements to accept interference.
[[Page 60]]
(b) Protected transmitter. For the purposes of this section,
protected transmitters are authorized transmitters for which there is a
current FCC public record and transmitters proposed in prior-filed
pending applications, in the Paging and Radiotelephone Service and the
Rural Radiotelephone Service.
(c) VHF service contour. For base stations transmitting on the VHF
channels, the radial distance from the transmitting antenna to the
service contour along each cardinal radial is calculated as follows:
d=1.609xh\0.40\xp\0.20\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the service contour using the formula in paragraph (c)
of this section with actual HAAT and ERP data for the inter-station
radial and additional radials above and below the inter-station radial
at 2.5[deg] intervals.
(d) VHF interfering contour. For base and fixed stations
transmitting on the VHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=8.577xh\0.24\xp\0.19\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must
be used as the value for h in the above formula.
(2) If the radial antenna HAAT is 150 meters or more:
d=12.306xh\0.23\xp\0.14\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(3) The value used for p in the above formulas must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(4) The distance from the transmitting antenna to the interfering
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the interfering contour using the appropriate formula in
paragraph (d) of this section with actual HAAT and ERP data for the
inter-station radial and additional radials above and below the inter-
station radial at 2.5[deg] intervals.
(e) UHF service contour. For base stations transmitting on the UHF
channels, the radial distance from the transmitting antenna to the
service contour along each cardinal radial is calculated as follows:
d=1.726xh\0.35\xp\0.18\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the service contour using the formula in paragraph (e)
of this section with actual HAAT and ERP data for the inter-station
radial
[[Page 61]]
and addition radials above and below the below the inter-station radial
at 2.5[deg] intervals.
(f) UHF interfering contour. For base and fixed stations
transmitting on the UHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=9.471xh\0.23\xp\0.15\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must
be used as the value for h in the above formula.
(2) If the radial antenna HAAT is 150 meters or more:
d=6.336xh\0.31\xp\0.15\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(3) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever
is more.
(4) The distance from the transmitting antenna to the interfering
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may calculate
the distance to the interfering contour using the appropriate formula in
paragraph (f) of this section with actual HAAT and ERP data for the
inter-station radial and additional radials above and below the inter-
station radial at 2.5[deg] intervals.
(g) Protection for BETRS. In applying the provisions of paragraph
(a) of this section, if either or both of the transmitters involved is a
BETRS central office station, the following contour substitutions must
be used:
(1) The service contour of the BETRS central office station(s) is a
circle, centered on the central office station antenna, with a radius of
40 kilometers (25 miles).
(2) The interfering contour of any station of any type, when
determining whether it would overlap the service contour of a BETRS
central office station, is calculated as follows:
d=36.364xh\0.2\x p\0.1\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must
be used as the value for h in the above formula. The value used for p in
the above formula must not be less than 27 dB less than the maximum ERP
in any direction, or 0.1 Watt, whichever is more.
(h) Assignment of mobile channels to base or fixed transmitters.
Mobile channels may be assigned to base or fixed transmitters if the
following criteria are met:
(1) The paired base channel, as designated in Sec. 22.561, is
assigned to base transmitters in the same geographical area operated by
the same licensee.
(2) The authorization is granted subject to the condition that no
interference be caused to fixed receivers in use on or prior to the date
of the grant.
Sec. 22.571 Responsibility for mobile stations.
Mobile stations that are subscribers in good standing to a two-way
service in the Paging and Radiotelephone Service, when receiving service
from that station, are considered to be operating under the
authorization of that station. Licensees are responsible for exercising
effective operational control over mobile stations receiving service
through their stations. Mobile stations that are subscribers in good
standing to a two-way service in the Paging and Radiotelephone Service,
while receiving service from a different station, are considered to be
operating under the authorization of such different station. The
licensee of such different station is responsible, during such temporary
period, for exercising effective operational control over such mobile
stations as if they were subscribers to it.
[[Page 62]]
Sec. 22.573 Use of base transmitters as repeaters.
As an additional function, base transmitters may be used as
repeaters. Licensees must be able to turn the base transmitter on or off
from the control point regardless of whether a subscriber-operated
transmitter is transmitting.
Sec. 22.575 Use of mobile channel for remote control of station functions.
Carriers may remotely control station functions (e.g. shut down or
reactivate base transmitters, turn aviation obstruction warning lights
on or off, etc.) using a control transmitter operating on a mobile
channel, subject to the conditions in this section and in Sec.
22.567(h).
(a) The control transmitter must be capable of overriding
transmissions from subscriber-operated transmitters if necessary.
Subscriber-operated transmitters must not be capable of being used to
deliberately or accidentally prevent the licensee from controlling the
station.
(b) The licensee must implement measures designed to prevent station
functions from being controlled by persons not authorized by the
licensee to control the station.
(c) The control transmitter location must be within the composite
service contour of the licensee's authorized station on the paired base
channel.
Sec. 22.579 Operation of mobile transmitters across U.S.-Canada border.
Mobile stations licensed by Canada may receive two-way service while
in the United States from stations licensed under this part, after
authorization has been granted by the FCC. Mobile stations that normally
operate under the authority of base stations licensed under this part
may receive two-way service while in Canada from stations licensed under
this part or by Canada, upon authorization by Canada.
Sec. 22.589 One-way or two-way application requirements.
In addition to information required by subparts B and D and Sec.
22.529, applications for authorization to operate a paging transmitter
on the channels listed in Sec. 22.531, other than applications for a
paging geographic area authorization, must contain the applicable
supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of
this section, an exhibit demonstrating compliance with Sec. 22.567 with
regard to protected transmitters is required. This exhibit must:
(1) For UHF channels, identify each protected transmitter located
within 108 kilometers (67 miles) of the proposed transmitter in
directions in which the distance to the interfering contour is 76.4
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles)
of the proposed transmitter in directions in which the distance to the
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify
each protected Basic Exchange Telephone Radio System central office
transmitter in the Rural Radiotelephone Service within 231 kilometers
(144 miles),
(2) For VHF channels, identify each protected transmitter located
within 135 kilometers (84 miles) of the proposed transmitter in
directions in which the distance to the interfering contour is 93.3
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of
the proposed transmitter in directions in which the distance to the
interfering contour exceeds 93.3 kilometers (58 miles).
(3) For each protected transmitter identified, show the results of
distance calculations indicating that there would be no overlap of
service and interfering contours, or alternatively, indicate that the
licensee of or applicant for the protected transmitter and/or the
applicant, as required, have agreed in writing to accept any
interference resulting from operation of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within
the interfering contour of the proposed transmitter would be totally
encompassed by interfering contours of operating co-channel base
transmitters controlled by the applicant is required for applications to
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.565. This encompassment exhibit may substitute
[[Page 63]]
for the interference exhibit required in paragraph (a) of this section.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11636, Mar. 12, 1997]
Point-to-Point Operation
Sec. 22.591 Channels for point-to-point operation.
The following channels are allocated for assignment to fixed
transmitters that support other transmitters that provide public mobile
service. Unless otherwise indicated, all channels have a bandwidth of 20
kHz and are designated by their center frequencies in MegaHertz.
VHF Channels
72.02 72.36 72.80 75.66
72.04 72.38 72.82 75.68
72.06 72.40 72.84 75.70
72.08 72.42 72.86 75.72
72.10 72.46 72.88 75.74
72.12 72.50 72.90 75.76
72.14 72.54 72.92 75.78
72.16 72.58 72.94 75.80
72.18 72.62 72.96 75.82
72.20 72.64 72.98 75.84
72.22 72.66 75.42 75.86
72.24 72.68 75.46 75.88
72.26 72.70 75.50 75.90
72.28 72.72 75.54 75.92
72.30 72.74 75.58 75.94
72.32 72.76 75.62 75.96
72.34 72.78 75.64 75.98
72.10 72.46 72.88 75.74
72.12 72.50 72.90 75.76
72.14 72.54 72.92 75.78
72.16 72.58 72.94 75.80
72.18 72.62 72.96 75.82
72.20 72.64 72.98 75.84
72.22 72.66 75.42 75.86
72.24 72.68 75.46 75.88
72.26 72.70 75.50 75.90
72.28 72.72 75.54 75.92
72.30 72.74 75.58 75.94
72.32 72.76 75.62 75.96
72.34 72.78 75.64 75.98
UHF Channels--State of Hawaii
488.250.......................... 491.250 489.750............ 492.750
488.750.......................... 491.750 490.250............ 493.250
489.250.......................... 492.250 490.750............ 493.750
(a) The 72-76 MHz channels may be assigned under developmental
authority pursuant to the requirements of Sec. 22.413. The 72-76 MHz
channels may also be used in point-to-multipoint configurations. The 72-
76 MHz channels are also allocated for assignment in the Private Radio
Services (see part 90 of this chapter).
(b) [Reserved]
(c) Channels in the frequency ranges 488.250-490.750 and 491.250-
493.750 MHz may be assigned only to inter-island fixed stations located
in the State of Hawaii.
[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 70
FR 19309, Apr. 13, 2005]
Sec. 22.593 Effective radiated power limits.
The effective radiated power of fixed stations operating on the
channels listed in Sec. 22.591 must not exceed 150 Watts. The
equivalent isotropically radiated power of existing fixed microwave
stations (2110-2130 and 2160-2180 MHz) licensed under this part
(pursuant to former rules) must not exceed the applicable limits set
forth in Sec. 101.113 of this chapter.
[70 FR 19309, Apr. 13, 2005]
Sec. 22.599 Assignment of 72-76 MHz channels.
Because of the potential for interference to the reception of TV
Channels 4 and 5 by broadcast television sets and video recorders,
assignments of the 72-76 MHz channels are subject to the following
conditions:
(a) Assignments of 72-76 MHz channels for use within 129 kilometers
(80 miles) of a full service TV station transmitting on TV Channel 4 or
5 are subject to the condition that the licensee must eliminate any
interference caused to television reception on TV Channels 4 and 5. If
the FCC notifies the licensee of an interference problem and the
licensee does not resolve the problem within 90 days of such
notification, operation of the interfering 72-76 MHz fixed station must
be immediately discontinued.
(b) 72-76 MHz channels may be assigned for use within 16 kilometers
(10 miles) of a full service TV station transmitting on TV Channel 4 or
5 under a developmental authorization, pursuant to Sec. 22.413.
However, for use within 50 meters (164 feet) of a TV station
transmitting on TV Channel 4 or 5, 72-76 MHZ channels may be assigned
under a regular authorization, rather than a developmental
authorization.
[[Page 64]]
Sec. 22.601 Existing microwave stations licensed under this part.
Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed
under this part (pursuant to former rules) are subject to the transition
rules in Sec. 22.602. No new microwave systems will be authorized under
this part.
(a) Coordination required. Before filing applications for authority
to modify existing stations on these channels or major amendments to
such applications, carriers must coordinate the planned channel usage,
using the procedure outlined in Sec. 22.150, with affected parties in
this radio service and the Point-to-Point Microwave Service and the
Multipoint Distribution Service. Affected parties are licensees and
other applicants with previously filed pending applications whose
stations could affect or be affected by the proposed modification of the
existing station in terms of interference.
(b) System parameters. In designing a system modification, the
applicant must select sites, equipment and channels that will avoid
harmful interference to other users. All parties must cooperate fully
and make reasonable efforts to resolve technical problems and conflicts
that may inhibit the most effective and efficient use of the radio
spectrum; however, a party receiving notification is not obligated to
suggest changes or re-design a proposal in cases involving conflicts.
The applicant must identify in the application all parties with which
the technical proposal was coordinated. In the event that technical
problems are not resolved or if an affected party does not respond to
coordination efforts within 30 days after notification, an explanation
must be contained in the application. Where technical conflicts are
resolved by an agreement between the parties that requires special
procedures to reduce the likelihood of harmful interference (such as the
use of artificial site shielding), or would result in a reduction of
quality or capacity of either system, the details thereof must be
contained in the application.
(c) Bandwidth. Applicants must request the minimum emission
bandwidth necessary. The FCC does not authorize bandwidths larger than
800 kHz under this part.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]
Sec. 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.
The 2110-2130 and 2160-2180 MHz microwave channels formerly listed
in Sec. 22.591 have been re-allocated for use by emerging technologies
(ET) services. No new systems will be authorized under this part. The
rules in this section provide for a transition period during which
existing Paging and Radiotelephone Service (PARS) licensees using these
channels may relocate operations to other media or to other fixed
channels, including those in other microwave bands. For PARS licensees
relocating operations to other microwave bands, authorization must be
obtained under part 101 of this chapter.
(a) Licensees proposing to implement ET services may negotiate with
PARS licensees authorized to use these channels, for the purpose of
agreeing to terms under which the PARS licensees would--
(1) Relocate their operations to other fixed microwave bands or
other media, or alternatively,
(2) Accept a sharing arrangement with the ET licensee that may
result in an otherwise impermissible level of interference to the PARS
operations.
(b) [Reserved]
(c) Relocation of fixed microwave licensees in the 2110-2130 MHz and
2160-2180 MHz bands will be subject to mandatory negotiations only. A
separate mandatory negotiation period will commence for each fixed
microwave licensee when an ET licensee informs that fixed microwave
licensee in writing of its desire to negotiate. Mandatory negotiation
periods are defined as follows:
(1) Non-public safety incumbents will have a two-year mandatory
negotiation period; and
(2) Public safety incumbents will have a three-year mandatory
negotiation period.
(d) The mandatory negotiation period is triggered at the option of
the ET licensee. Once mandatory negotiations have begun, a PARS licensee
may not
[[Page 65]]
refuse to negotiate and all parties are required to negotiate in good
faith. Good faith requires each party to provide information to the
other that is reasonably necessary to facilitate the relocation process.
In evaluating claims that a party has not negotiated in good faith, the
FCC will consider, inter alia, the following factors:
(1) Whether the ET licensee has made a bona fide offer to relocate
the PARS licensee to comparable facilities in accordance with Section
101.75(b) of this chapter;
(2) If the PARS licensee has demanded a premium, the type of premium
requested (e.g., whether the premium is directly related to relocation,
such as system-wide relocations and analog-to-digital conversions,
versus other types of premiums), and whether the value of the premium as
compared to the cost of providing comparable facilities is
disproportionate (i.e., whether there is a lack of proportion or
relation between the two);
(3) What steps the parties have taken to determine the actual cost
of relocation to comparable facilities;
(4) Whether either party has withheld information requested by the
other party that is necessary to estimate relocation costs or to
facilitate the relocation process. Any party alleging a violation of our
good faith requirement must attach an independent estimate of the
relocation costs in question to any documentation filed with the
Commission in support of its claim. An independent cost estimate must
include a specification for the comparable facility and a statement of
the costs associated with providing that facility to the incumbent
licensee.
(e) Involuntary period. After the end of the mandatory negotiation
period, ET licensees may initiate involuntary relocation procedures
under the Commission's rules. ET licensees are obligated to pay to
relocate only the specific microwave links to which their systems pose
an interference problem. Under involuntary relocation, a PARS licensee
is required to relocate, provided that:
(1) The ET applicant, provider, licensee or representative
guarantees payment of relocation costs, including all engineering,
equipment, site and FCC fees, as well as any legitimate and prudent
transaction expenses incurred by the PARS licensee that are directly
attributable to an involuntary relocation, subject to a cap of two
percent of the hard costs involved. Hard costs are defined as the actual
costs associated with providing a replacement system, such as equipment
and engineering expenses. ET licensees are not required to pay PARS
licensees for internal resources devoted to the relocation process. ET
licensees are not required to pay for transaction costs incurred by PARS
licensees during the voluntary or mandatory periods once the involuntary
period is initiated or for fees that cannot be legitimately tied to the
provision of comparable facilities;
(2) The ET applicant, provider, licensee or representative completes
all activities necessary for implementing the replacement facilities,
including engineering and cost analysis of the relocation procedure and,
if radio facilities are involved, identifying and obtaining, on the
incumbents behalf, new channels and frequency coordination; and,
(3) The ET applicant, provider, licensee or representative builds
the replacement system and tests it for comparability with the existing
2 GHz system.
(f) Comparable Facilities. The replacement system provided to an
incumbent during an involuntary relocation must be at least equivalent
to the existing PARS system with respect to the following three factors:
(1) Throughput. Communications throughput is the amount of
information transferred within a system in a given amount of time. If
analog facilities are being replaced with analog, the ET licensee is
required to provide the PARS licensee with an equivalent number of 4 kHz
voice channels. If digital facilities are being replaced with digital,
the ET licensee must provide the PARS licensee with equivalent data
loading bits per second (bps). ET licensees must provide PARS licensees
with enough throughput to satisfy the PARS licensee's system use at the
time of relocation, not match the total capacity of the PARS system.
(2) Reliability. System reliability is the degree to which
information is
[[Page 66]]
transferred accurately within a system. ET licensees must provide PARS
licensees with reliability equal to the overall reliability of their
system. For digital data systems, reliability is measured by the percent
of time the bit error rate (BER) exceeds a desired value, and for analog
or digital voice transmissions, it is measured by the percent of time
that audio signal quality meets an established threshold. If an analog
voice system is replaced with a digital voice system, only the resulting
frequency response, harmonic distortion, signal-to-noise ratio and its
reliability will be considered in determining comparable reliability.
(3) Operating Costs. Operating costs are the cost to operate and
maintain the PARS system. ET licensees must compensate PARS licensees
for any increased recurring costs associated with the replacement
facilities (e.g. additional rental payments, increased utility fees) for
five years after relocation. ET licensees may satisfy this obligation by
making a lump-sum payment based on present value using current interest
rates. Additionally, the maintenance costs to the PARS licensee must be
equivalent to the 2 GHz system in order for the replacement system to be
considered comparable.
(g) The PARS licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to make
adjustments, determine comparability, and ensure a seamless handoff.
(h) [Reserved]
(i) After April 25, 1996, all major modifications and extensions to
existing PARS systems operating on channels in the 2110-2130 and 2160-
2180 MHz bands will be authorized on a secondary basis to future ET
operations. All other modifications will render the modified PARS
license secondary to future ET operations unless the incumbent
affirmatively justifies primary status and the incumbent PARS licensee
establishes that the modification would not add to the relocation costs
of ET licensees. Incumbent PARS licensees will maintain primary status
for the following technical changes:
(1) Decreases in power;
(2) Minor changes (increases or decreases) in antenna height;
(3) Minor location changes (up to two seconds);
(4) Any data correction which does not involve a change in the
location of an existing facility;
(5) Reductions in authorized bandwidth;
(6) Minor changes (increases or decreases) in structure height;
(7) Changes (increases or decreases) in ground elevation that do not
affect centerline height;
(8) Minor equipment changes.
(j) Sunset. PARS licensees will maintain primary status in the 2110-
2130 MHz and 2160-2180 MHz bands unless and until an ET licensee
requires use of the spectrum. ET licensees are not required to pay
relocation costs after the relocation rules sunset (i.e., for the 2110-
2130 MHz and 2160-2180 MHz bands, ten years after the first ET license
is issued in the respective band). Once the relocation rules sunset, an
ET licensee may require the incumbent to cease operations, provided that
the ET licensee intends to turn on a system within interference range of
the incumbent, as determined by TIA TSB 10-F or any standard successor.
ET licensee notification to the affected PARS licensee must be in
writing and must provide the incumbent with no less than six months to
vacate the spectrum. After the six-month notice period has expired, the
PARS licensee must turn its license back into the Commission, unless the
parties have entered into an agreement which allows the PARS licensee to
continue to operate on a mutually agreed upon basis. If the parties
cannot agree on a schedule or an alternative arrangement, requests for
extension will be accepted and reviewed on a case-by-case basis. The
Commission will grant such extensions only if the incumbent can
demonstrate that:
(1) It cannot relocate within the six-month period (e.g., because no
alternative spectrum or other reasonable option is available), and;
(2) The public interest would be harmed if the incumbent is forced
to terminate operations (e.g., if public safety communications services
would be disrupted).
(k) Reimbursement and relocation expenses in the 2110-2130 MHz and
2160-2180 MHz bands. Whenever an ET licensee in
[[Page 67]]
the 2110-2130 MHz and 2160-2180 MHz band relocates a paired PARS link
with one path in the 2110-2130 MHz band and the paired path in the 2160-
2180 MHz band, the ET license will be entitled to reimbursement pursuant
to the procedures described in Sec. Sec. 27.1160 through 27.1174 of
this chapter.
[61 FR 29689, June 12, 1996, as amended at 70 FR 19309, Apr. 13, 2005;
71 FR 29834, May 24, 2006]
Sec. 22.603 488-494 MHz fixed service in Hawaii.
Before filing applications for authorization of inter-island control
and/or repeater stations, applicants must coordinate the planned channel
usage with existing licensees and other applicants with previously filed
applications, using the procedure outlined in Sec. 22.150. Applicants
and licensees shall cooperate fully and make reasonable efforts to
resolve any channel usage conflicts. In situations where technical
solutions to such conflicts cannot be devised, the FCC may select a
channel or channels to assign or may designate the application(s) for
hearing. To be acceptable for filing, applications and major technical
amendments must contain a certification that coordination has been
completed and an exhibit listing the name(s) of the licensees and
applicants with which the planned channel usage has been coordinated.
Point-to-Multipoint Operation
Sec. 22.621 Channels for point-to-multipoint operation.
The following channels are allocated for assignment to transmitters
utilized within point-to-multipoint systems that support transmitters
that provide public mobile service. Unless otherwise indicated, all
channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz. No new licenses will be issued for any 900 MHz
frequencies in this section. See part 101, subpart O of this chapter for
treatment of incumbents and for new licensing procedures. Incumbents
under part 22 are subject to the restrictions of part 101, subpart O of
this chapter but may make permissible modifications, transfers,
assignments, or renew their licenses using procedures, forms, fees, and
filing requirements of part 22.
Public Mobile Pool
(25 kHz bandwidth)
928.8625........................ 959.8625 928.9375.......... 959.9375
928.8875........................ 959.8875 928.9625.......... 959.9625
928.9125........................ 959.9125 928.9875.......... 959.9875
(12.5 kHz bandwidth)
928.85625....................... 959.8562 928.93125......... 959.9312
5 5
928.86875....................... 959.8687 928.94375......... 959.9437
5 5
928.88125....................... 959.8812 928.95625......... 959.9562
5 5
928.89375....................... 959.8937 928.96875......... 959.9687
5 5
928.90625....................... 959.9062 928.98125......... 959.9812
5 5
928.91875....................... 959.9187 928.99375......... 959.9937
5 5
Private Radio General Access Pool
(25 kHz bandwidth)
956.2625........................ 956.3125 956.3625.......... 956.4125
956.2875........................ 956.3375 956.3875.......... 956.4375
928.0125........................ 952.0125 928.1875.......... 952.1875
928.0375........................ 952.0375 928.2125.......... 952.2125
928.0625........................ 952.0625 928.2375.......... 952.2375
928.0875........................ 952.0875 928.2625.......... 952.2625
928.1125........................ 952.1125 928.2875.......... 952.2875
928.1375........................ 952.1375 928.3125.......... 952.3125
928.1625........................ 952.1625 928.3375.......... 952.3375
(12.5 kHz bandwidth)
956.25625....................... 956.3062 956.35625......... 956.4062
5 5
956.26875....................... 956.3187 956.36875......... 956.4187
5 5
956.28125....................... 956.3312 956.38125......... 956.4312
5 5
956.29375....................... 956.3437 956.39375......... 956.4437
5 5
928.00625....................... 952.0062 928.18125......... 952.1812
5 5
928.01875....................... 952.0187 928.19375......... 952.1937
5 5
928.03125....................... 952.0312 928.20625......... 952.2062
5 5
928.04375....................... 952.0437 928.21875......... 952.2187
5 5
928.05625....................... 952.0562 928.23125......... 952.2312
5 5
928.06875....................... 952.0687 928.24375......... 952.2437
5 5
928.08125....................... 952.0812 928.25625......... 952.2562
5 5
928.09375....................... 952.0937 928.26875......... 952.2687
5 5
928.10625....................... 952.1062 928.28125......... 952.2812
5 5
928.11875....................... 952.1187 928.29375......... 952.2937
5 5
928.13125....................... 952.1312 928.30625......... 952.3062
5 5
928.14375....................... 952.1437 928.31875......... 952.3187
5 5
928.15625....................... 952.1562 928.33125......... 952.3312
5 5
928.16875....................... 952.1687 928.34375......... 952.3437
5 5
Private Radio Power Pool
(25 kHz bandwidth)
928.3625........................ 952.3625 928.6125.......... 952.6125
928.3875........................ 952.3875 928.6375.......... 952.6375
928.4125........................ 952.4125 928.6625.......... 952.6625
928.4375........................ 952.4375 928.6875.......... 952.6875
928.4625........................ 952.4625 928.7125.......... 952.7125
928.4875........................ 952.4875 928.7375.......... 952.7375
928.5125........................ 952.5125 928.7625.......... 952.7625
928.5375........................ 952.5375 928.7875.......... 952.7875
928.5625........................ 952.5625 928.8125.......... 952.8125
928.5875........................ 952.5875 928.8375.......... 952.8375
(12.5 kHz bandwidth)
928.35625....................... 952.3562 928.60625......... 952.6062
5 5
928.36875....................... 952.3687 928.61875......... 952.6187
5 5
928.38125....................... 952.3812 928.63125......... 952.6312
5 5
928.39375....................... 952.3937 928.64375......... 952.6437
5 5
928.40625....................... 952.4062 928.65625......... 952.6562
5 5
928.41875....................... 952.4187 928.66875......... 952.6687
5 5
928.43125....................... 952.4312 928.68125......... 952.6812
5 5
928.44375....................... 952.4437 928.69375......... 952.6937
5 5
928.45625....................... 952.4562 928.70625......... 952.7062
5 5
928.46875....................... 952.4687 928.71875......... 952.7187
5 5
928.48125....................... 952.4812 928.73125......... 952.7312
5 5
928.49375....................... 952.4937 928.74375......... 952.7437
5 5
[[Page 68]]
928.50625....................... 952.5062 928.75625......... 952.7562
5 5
928.51875....................... 952.5187 928.76875......... 952.7687
5 5
928.53125....................... 952.5312 928.78125......... 952.7812
5 5
928.54375....................... 952.5437 928.79375......... 952.7937
5 5
928.55625....................... 952.5562 928.80625......... 952.8062
5 5
928.56875....................... 952.5687 928.81875......... 952.8187
5 5
928.58125....................... 952.5812 928.83125......... 952.8312
5 5
928.59375....................... 952.5937 928.84375......... 952.8437
5 5
Public, Private, Government Shared Pool
(12.5 kHz bandwidth)
932.00625....................... 941.0062 932.25625......... 941.2562
5 5
932.01875....................... 941.0187 932.26875......... 941.2687
5 5
932.03125....................... 941.0312 932.28125......... 941.2812
5 5
932.04375....................... 941.0437 932.29375......... 941.2937
5 5
932.05625....................... 941.0562 932.30625......... 941.3062
5 5
932.06875....................... 941.0687 932.31875......... 941.3187
5 5
932.08125....................... 941.0812 932.33125......... 941.3312
5 5
932.09375....................... 941.0937 932.34375......... 941.3437
5 5
932.10625....................... 941.1062 932.35625......... 941.3562
5 5
932.11875....................... 941.1187 932.36875......... 941.3687
5 5
932.13125....................... 941.1312 932.38125......... 941.3812
5 5
932.14375....................... 941.1437 932.39375......... 941.3937
5 5
932.15625....................... 941.1562 932.40625......... 941.4062
5 5
932.16875....................... 941.1687 932.41875......... 941.4187
5 5
932.18125....................... 941.1812 932.43125......... 941.4312
5 5
932.19375....................... 941.1937 932.44375......... 941.4437
5 5
932.20625....................... 941.2062 932.45625......... 941.4562
5 5
932.21875....................... 941.2187 932.46875......... 941.4687
5 5
932.23125....................... 941.2312 932.48125......... 941.4812
5 5
932.24375....................... 941.2437 932.49375......... 941.4937
5 5
UHF Channels in Specified Urban Areas
Boston
470.0125........................ 473.0125 482.0125.......... 485.0125
470.0375........................ 473.0375 482.0375.......... 485.0375
470.0625........................ 473.0625 482.0625.......... 485.0625
470.0875........................ 473.0875 482.0875.......... 485.0875
470.1125........................ 473.1125 482.1125.......... 485.1125
470.1375........................ 473.1375 482.1375.......... 485.1375
470.1625........................ 473.1625 482.1625.......... 485.1625
470.1875........................ 473.1875 482.1875.......... 485.1875
470.2125........................ 473.2125 482.2125.......... 485.2125
470.2375........................ 473.2375 482.2375.......... 485.2375
470.2625........................ 473.2625 482.2625.......... 485.2625
470.2875........................ 473.2875 482.2875.......... 485.2875
Chicago, Cleveland
470.0125........................ 473.0125 476.0125.......... 479.0125
470.0375........................ 473.0375 476.0375.......... 479.0375
470.0625........................ 473.0625 476.0625.......... 479.0625
470.0875........................ 473.0875 476.0875.......... 479.0875
470.1125........................ 473.1125 476.1125.......... 479.1125
470.1375........................ 473.1375 476.1375.......... 479.1375
470.1625........................ 473.1625 476.1625.......... 479.1625
470.1875........................ 473.1875 476.1875.......... 479.1875
470.2125........................ 473.2125 476.2125.......... 479.2125
470.2375........................ 473.2375 476.2375.......... 479.2375
470.2625........................ 473.2625 476.2625.......... 479.2625
470.2875........................ 473.2875 476.2875.......... 479.2875
New York-Northeastern New Jersey
470.0125........................ 470.1625 476.0125.......... 476.1625
470.0375........................ 470.1875 476.0375.......... 476.1875
470.0625........................ 470.2125 476.0625.......... 476.2125
470.0875........................ 470.2375 476.0875.......... 476.2375
470.1125........................ 470.2625 476.1125.......... 476.2625
470.1375........................ 470.2875 476.1375.......... 476.2875
Dallas-Forth Worth
482.0125........................ 482.1625 485.0125.......... 485.1625
482.0375........................ 482.1875 485.0375.......... 485.1875
482.0625........................ 482.2125 485.0625.......... 485.2125
482.0875........................ 482.2375 485.0875.......... 485.2375
482.1125........................ 482.2625 485.1125.......... 485.2625
482.1375........................ 482.2875 485.1375.......... 485.2875
Detroit
476.0125........................ 479.0125 482.0125.......... 485.0125
476.0375........................ 479.0375 482.0375.......... 485.0375
476.0625........................ 479.0625 482.0625.......... 485.0625
476.0875........................ 479.0875 482.0875.......... 485.0875
476.1125........................ 479.1125 482.1125.......... 485.1125
476.1375........................ 479.1375 482.1375.......... 485.1375
476.1625........................ 479.1625 482.1625.......... 485.1625
476.1875........................ 479.1875 482.1875.......... 485.1875
476.2125........................ 479.2125 482.2125.......... 485.2125
476.2375........................ 479.2375 482.2375.......... 485.2375
476.2625........................ 479.2625 482.2625.......... 485.2625
476.2875........................ 479.2875 482.2875.......... 485.2875
Houston
488.1625........................ 491.1625 488.2375.......... 491.2375
488.1875........................ 491.1875 488.2625.......... 491.2625
488.2125........................ 491.2125 488.2875.......... 491.2875
Los Angeles
470.0125........................ 473.0125 506.0625.......... 509.0625
470.0375........................ 473.0375 506.0875.......... 509.0875
506.0125........................ 509.0125 506.1125.......... 509.1125
506.0375........................ 509.0375
Miami
470.0125........................ 470.1625 473.0125.......... 473.1625
470.0375........................ 470.1875 473.0375.......... 473.1875
470.0625........................ 470.2125 473.0625.......... 473.2125
470.0875........................ 470.2375 473.0875.......... 473.2375
470.1125........................ 470.2625 473.1125.......... 473.2625
470.1375........................ 470.2875 473.1375.......... 473.2875
Philadelphia
500.0125........................ 503.0125 506.0125.......... 509.0125
500.0375........................ 503.0375 506.0375.......... 509.0375
500.0625........................ 503.0625 506.0625.......... 509.0625
500.0875........................ 503.0875 506.0875.......... 509.0875
500.1125........................ 503.1125 506.1125.......... 509.1125
500.1375........................ 503.1375 506.1375.......... 509.1375
500.1625........................ 503.1625 506.1625.......... 509.1625
500.1875........................ 503.1875 506.1875.......... 509.1875
500.2125........................ 503.2125 506.2125.......... 509.2125
500.2375........................ 503.2375 506.2375.......... 509.2375
500.2625........................ 503.2625 506.2625.......... 509.2625
500.2875........................ 503.2875 506.2875.......... 509.2875
Pittsburgh
470.0125........................ 470.1625 473.0125.......... 473.1625
470.0375........................ 470.1875 473.0375.......... 473.1875
470.0625........................ 470.2125 473.0625.......... 473.2125
470.0875........................ 470.2375 473.0875.......... 473.2375
470.1125........................ 470.2625 473.1125.......... 473.2625
470.1375........................ 470.2875 473.1375.......... 473.2875
San Francisco
482.0125........................ 485.0125 488.0125.......... 491.0125
482.0375........................ 485.0375 488.0375.......... 491.0375
482.0625........................ 485.0625 488.0625.......... 491.0625
482.0875........................ 485.0875 488.0875.......... 491.0875
482.1125........................ 485.1125 488.1125.......... 491.1125
482.1375........................ 485.1375 488.1375.......... 491.1375
482.1625........................ 485.1625 488.1625.......... 491.1625
482.1875........................ 485.1875 488.1875.......... 491.1875
482.2125........................ 485.2125 488.2125.......... 491.2125
482.2375........................ 485.2375 488.2375.......... 491.2375
482.2625........................ 485.2625 488.2625.......... 491.2625
482.2875........................ 485.2875 488.2875.......... 491.2875
Washington, DC
488.0125........................ 491.0125 494.0125.......... 497.0125
488.0375........................ 491.0375 494.0375.......... 497.0375
488.0625........................ 491.0625 494.0625.......... 497.0625
488.0875........................ 491.0875 494.0875.......... 497.0875
488.1125........................ 491.1125 494.1125.......... 497.1125
488.1375........................ 491.1375 494.1375.......... 497.1375
488.1625........................ 491.1625 494.1625.......... 497.1625
[[Page 69]]
488.1875........................ 491.1875 494.1875.......... 497.1875
488.2125........................ 491.2125 494.2125.......... 497.2125
488.2375........................ 491.2375 494.2375.......... 497.2375
488.2625........................ 491.2625 494.2625.......... 497.2625
488.2875........................ 491.2875 494.2875.......... 497.2875
[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61
FR 54099, Oct. 17, 1996; 65 FR 17448, Apr. 3, 2000]
Sec. 22.623 System configuration.
This section requires a minimum configuration for point-to-
multipoint systems using the channels listed in Sec. 22.621.
(a) 928-960 MHz. The channels may be assigned, individually or
paired, only to fixed transmitters in a system that controls at least
four public mobile base transmitters that transmit on the same channel.
If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a
pair, the 941-942 MHz channel must be assigned only to control
transmitters; the 932-933 MHz channel may be assigned to control or
fixed relay transmitters.
(b) 470-512 MHz. These channels may be assigned only individually
(unpaired), to control transmitters that directly control at least four
public mobile base transmitters that transmit on the same channel. Fixed
relay transmitters are not authorized.
(c) Selection and assignment. The FCC selects and assigns a channel
when granting applications for authorization to operate a new station to
transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges.
Applicants having a preference may request the assignment of a specific
channel or channel pair, but the FCC may in some cases be unable to
satisfy such requests.
Sec. 22.625 Transmitter locations.
This section governs where point-to-multipoint transmitters on the
channels listed in Sec. 22.621 may be located.
(a) 928-960 MHz. In this frequency range, the required minimum
distance separation between co-channel fixed transmitters is 113
kilometers (70 miles).
(b) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this
section is to define the areas in which the 470-512 MHz channels are
allocated for public mobile use. The purpose of the rules in paragraphs
(b)(2) and (b)(3) of this section is to reduce the likelihood that
interference to television reception from public mobile operations on
these channels will occur.
(1) Control transmitter locations. Control transmitter locations
must be within 80 kilometers (50 miles) of the designated locations in
this paragraph.
------------------------------------------------------------------------
Urban area N. latitude W. longitude
------------------------------------------------------------------------
Boston, MA................................. 42[deg]21[m 71[deg]03[min]
in]24.4[sec 22.2[sec]
]
Chicago, IL................................ 41[deg]52[m 87[deg]38[min]
in]28.1[sec 22.2[sec]
]
Cleveland, OH.............................. 41[deg]29[m 81[deg]41[min]
in]51.2[sec 49.5[sec]
]
Dallas, TX................................. 32[deg]47[m 96[deg]47[min]
in]09.5[sec 38.0[sec]
]
Detroit, MI................................ 42[deg]19[m 83[deg]02[min]
in]48.1[sec 56.7[sec]
]
Houston, TX................................ 29[deg]45[m 95[deg]21[min]
in]26.8[sec 37.8[sec]
]
Los Angeles, CA............................ 34[deg]03[m 18[deg]14[min]
in]15.0[sec 31.3[sec]
]
Miami, FL.................................. 25[deg]46[m 80[deg]11[min]
in]38.6[sec 31.2[sec]
]
New York, NY............................... 40[deg]45[m 73[deg]59[min]
in]6.4[sec] 37.5[sec]
Philadelphia, PA........................... 39[deg]56[m 75[deg]09[min]
in]58.4[sec 19.6[sec]
]
Pittsburgh, PA............................. 40[deg]26[m 79[deg]59[min]
in]19.2[sec 59.2[sec]
]
San Francisco-Oakland, CA.................. 37[deg]46[m 122[deg]24[min
in]38.7[sec ]43.9[sec]
]
Washington, DC............................. 38[deg]53[m 77[deg]00[min]
in]51.4[sec 31.9[sec]
]
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).
(2) Protection from intermodulation interference. Control
transmitter locations must be at least 1.6 kilometers (1 mile) from the
main transmitter locations of all TV stations transmitting on TV
channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV
channel containing the frequencies on which the control station will
transmit. This requirement is intended to reduce the likelihood of
intermodulation interference.
(3) Co-channel protection from control transmitters with high
antennas. This paragraph applies only to control transmitters that
utilize an antenna height of more than 152 meters (500 feet) above
average terrain. The distance between the location of such a control
transmitter and the applicable protected TV station location specified
in this paragraph must equal or exceed the sum of the distance from the
control transmitter location to the radio horizon in the direction of
the specified location and 89 kilometers (55 miles--representing the
distance from the main transmitter location of the TV station to its
Grade B contour in the direction of the control transmitter). The
protected TV station locations in this paragraph are the locations of
record as of September 1974, and these do not change even though the TV
stations may have been subsequently relocated.
(i) The protected TV station locations are as follows:
[[Page 70]]
------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................ Washington, DC
38[deg]57[min]17[sec]
77[deg]00[min]17[sec]
476-482 MHz............................ Lancaster, PA
40[deg]15[min]45[sec]
76[deg]27[min]49[sec]
------------------------------------------------------------------------
(ii) The distance to the radio horizon is calculated using the
following formula:
[GRAPHIC] [TIFF OMITTED] TR17NO94.008
where
d is the distance to the radio horizon in kilometers
h is the height of the antenna center of radiation above ground level in
meters
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68946, Dec. 14, 1998,
70 FR 19309, Apr. 13, 2005]
Sec. 22.627 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the
channels listed in Sec. 22.621 must not exceed the limits in this
section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in
this paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
470-512.................................................... 1000
928-929.................................................... 50
932-933.................................................... 30
941-942.................................................... 600
952-960.................................................... 150
------------------------------------------------------------------------
(b) 470-512 MHz limits. The purpose of the rules in paragraphs
(b)(1) through (b)(3) of this section is to reduce the likelihood that
interference to television receiption from public mobile operations on
these channels will occur. The protected TV station locations specified
in this section are the locations of record as of September 1974, and
these do not change even though the TV stations may have been
subsequently relocated.
(1) Co-channel protection. The ERP of control transmitters must not
exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii)
of this section. The limits depend upon the height above average terrain
of the control transmitter antenna and the distance between the control
transmitter and the nearest protected TV station location in paragraph
(b)(1)(i) of this section.
(i) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Protected TV station
Control transmitter frequency range location
------------------------------------------------------------------------
470-476 MHz............................... Jacksonville, IL,
39[deg]45[min]52.2[sec] N.
Lat.
90[deg]30[min]29.5[sec] W.
Long.
Mt. Pleasant, MI,
43[deg]34[min]24.1[sec] N.
Lat.
84[deg]46[min]21.1[sec] W.
Long.
476-482 MHz............................... Oxford, OH,
482-488 MHz............................... 39[deg]30[min]26.2[sec] N.
488-494 MHz............................... Lat. 84[deg]44[min]8.8[sec]
494-500 MHz............................... W. Long.
500-506 MHz............................... Washington, DC,
506-512 MHz............................... 38[deg]57[min]17.4[sec] N.
Lat.
77[deg]00[min]15.9[sec] W.
Long.
Champaign, IL,
40[deg]04[min]11.1[sec] N.
Lat.
87[deg]54[min]45.1[sec] W.
Long.
Madison, WI,
43[deg]03[min]01.0[sec] N.
Lat.
89[deg]29[min]15.4[sec] W.
Long.
Parkersburg, WV,
39[deg]20[min]50.3[sec] N.
Lat.
81[deg]33[min]55.5[sec] W.
Long.
Fort Wayne, IN,
41[deg]05[min]35.2[sec] N.
Lat.
85[deg]10[min]41.9[sec] W.
Long.
Lancaster, PA,
40[deg]15[min]45.3[sec] N.
Lat.
76[deg]27[min]47.9[sec] W.
Long.
South Bend, IN,
41[deg]36[min]26.2[sec] N.
Lat.
86[deg]27[min]48.1[sec] W.
Long.
Philadelphia, PA,
40[deg]02[min]30.4[sec] N.
Lat.
75[deg]14[min]22.6[sec] W.
Long.
[[Page 71]]
None.
Johnstown, PA,
40[deg]19[min]47.3[sec] N.
Lat.
78[deg]53[min]44.1[sec] W.
Long.
Washington, DC,
38[deg]57[min]49.4[sec] N.
Lat.
77[deg]06[min]16.9[sec] W.
Long.
Waterbury, CT,
41[deg]31[min]2.3[sec] N.
Lat.
73[deg]00[min]58.4[sec] W.
Long.
------------------------------------------------------------------------
(ii) Table E-3 and E-4 apply to control transmitters in the New
York-Northeastern New Jersey and Cleveland urban areas that transmit on
channels in the 476-482 MHz range and to control transmitters in the
Detroit urban area that transmit on channels in the 482-488 MHz range.
(iii) Tables E-5 and E-6 apply to all control transmitters except
those to which Tables E-3 and E-4 apply.
(2) Adjacent channel protection. The ERP of control transmitters
must not exceed the limits in Table E-7. The limits depend upon the
height above average terrain of the control transmitter antenna and the
distance between the control transmitter and the nearest protected TV
station location listed in this paragraph. The protected TV station
locations are as follows (all coordinates are referenced to North
American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency Protected TV station TV
range location channel
------------------------------------------------------------------------
470-476 MHz....................... Hanover, NH, (15)
43[deg]42[min]30.3[sec]
N. Lat.
72[deg]09[min]14.3[sec]
W. Long..
Madison, WI, (15)
43[deg]03[min]01.0[sec]
N. Lat.
89[deg]29[min]15.4[sec]
W. Long..
Champaign, IL, (15)
40[deg]04[min]11.1[sec]
N. Lat.
87[deg]54[min]45.1[sec]
W. Long..
San Diego, CA, (15)
32[deg]41[min]48.2[sec]
N. Lat.
116[deg]56[min]13.1[sec]
W. Long..
Lancaster, PA, (15)
40[deg]15[min]45.3[sec]
N. Lat.
76[deg]27[min]47.9[sec]
W. Long..
Parkersburg, WV, (15)
39[deg]20[min]50.3[sec]
N. Lat.
81[deg]33[min]55.5[sec]
W. Long..
476-482 MHz....................... South Bend, IN, (16)
41[deg]36[min]26.2[sec]
N. Lat.
86[deg]27[min]48.1[sec]
W. Long..
Pittsburgh, PA, (16)
40[deg]26[min]46.2[sec]
N. Lat.
79[deg]57[min]50.2[sec]
W. Long..
Mt. Pleasant, MI, (14)
43[deg]34[min]24.1[sec]
N. Lat.
84[deg]46[min]21.1[sec]
W. Long..
Scranton, PA, (16)
41[deg]10[min]58.3[sec]
N. Lat.
75[deg]52[min]19.7[sec]
W. Long..
482-488 MHz....................... Hanover, NH, (15)
43[deg]42[min]30.3[sec]
N. Lat.
72[deg]09[min]14.3[sec]
W. Long..
Fort Wayne, IN, (15)
41[deg]05[min]35.2[sec]
N. Lat.
85[deg]10[min]41.9[sec]
W. Long..
488-494 MHz....................... Salisbury, MD, (16)
38[deg]24[min]15.4[sec]
N. Lat.
75[deg]34[min]43.7[sec]
W. Long..
494-500 MHz....................... Philadelphia, PA, (17)
40[deg]02[min]30.4[sec]
N. Lat.
75[deg]14[min]22.6[sec]
W. Long..
500-506 MHz....................... Washington, DC, (20)
38[deg]57[min]17.4[sec]
N. Lat.
77[deg]00[min]15.9[sec]
W. Long..
506-512 MHz....................... Harrisburg, PA, (21)
40[deg]20[min]44.3[sec]
N. Lat.
76[deg]52[min]07.9[sec]
W. Long..
------------------------------------------------------------------------
(c) Los Angeles area. This paragraph applies only to control
transmitters in the Los Angeles urban area that utilize an antenna
height of 457 or more meters (1500 or more feet) above mean sea level.
The ERP of such transmitters must not exceed the following limits:
------------------------------------------------------------------------
Antenna height ERP
------------------------------------------------------------------------
AMSL in meters (feet) (Watts)
------------------------------------------------------------------------
457 (1500) to 610 (2000)...................................... 155
611 (2001) to 762 (2500)...................................... 100
763 (2501) to 914 (3000)...................................... 70
915 (3001) to 1067 (3500)..................................... 50
1068 (3501) to 1219 (4000).................................... 40
1220 (4001) to 1372 (4500).................................... 30
1373 (4501) and above......................................... 25
------------------------------------------------------------------------
Table E-3--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
-----------------------------------------------------------------------------------------
Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152
(50) (100) (150) (200) (250) (300) (350) (400) (450) (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
201 (125)..................................................... 1000 1000 1000 1000 1000 1000 1000 850 750 725
193 (120)..................................................... 1000 1000 1000 1000 900 750 675 600 550 500
185 (115)..................................................... 1000 1000 800 725 600 525 475 425 375 350
177 (110)..................................................... 850 700 600 500 425 375 325 300 275 225
169 (105)..................................................... 600 475 400 325 275 250 225 200 175 150
161 (100)..................................................... 400 325 275 225 175 150 140 125 110 100
153 (95)...................................................... 275 225 175 125 110 95 80 70 60 50
[[Page 72]]
145 (90)...................................................... 175 125 100 75 50 ....... ....... ....... ....... .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those
in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.
Table E-4--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters
(feet)
Distance to protected TV station in kilometers (miles) -----------------------------------------------------
152 305 457 610 762 914
(500) (1000) (1500) (2000) (2500) (3000)
----------------------------------------------------------------------------------------------------------------
209 (130)................................................. 1000 447 219 117 71 46
193 (120)................................................. 500 209 95 50 30 19
177 (110)................................................. 225 91 35 19 11 8
161 (100)................................................. 100 30 10 5 3 2
153 (95).................................................. 50 13 5 3 2 1
----------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-5--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antenna Height Above Average Terrain in meters (feet)
-----------------------------------------------------------------------------------------
Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152
(50) (100) (150) (200) (250) (300) (350) (400) (450) (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
257 (160)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 800
249 (155)..................................................... 1000 1000 1000 1000 1000 875 775 700 625 575
241 (150)..................................................... 1000 1000 950 775 725 625 550 500 450 400
233 (145)..................................................... 850 750 650 575 500 440 400 350 320 300
225 (140)..................................................... 600 575 465 400 350 300 275 250 230 225
217 (135)..................................................... 450 400 335 300 255 240 200 185 165 150
209 (130)..................................................... 350 300 245 200 185 160 145 125 120 100
201 (125)..................................................... 225 200 170 150 125 110 100 90 80 75
193 (120)..................................................... 175 150 125 105 90 80 70 60 55 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between
those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.
Table E-6--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters
(feet)
Distance to protected TV station in kilometers (miles) -----------------------------------------------------
152 305 457 610 762 914
(500) (1000) (1500) (2000) (2500) (3000)
----------------------------------------------------------------------------------------------------------------
261 (162)................................................. 1000 501 282 170 110 71
241 (150)................................................. 400 209 110 60 36 23
225 (140)................................................. 225 102 50 28 16 10
209 (130)................................................. 100 48 21 11 7 5
193 (120)................................................. 50 19 9 5 3 2
----------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-7--Maximum ERP (Watts) for Control Transmitters
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
Distance to protected TV --------------------------------------------------------------------------------
station in kilometers (miles) 30 46 61 76 91 107 122 137 152
(100) (150) (200) (250) (300) (350) (400) (450) (500)
----------------------------------------------------------------------------------------------------------------
108 (67)....................... 1000 1000 1000 1000 1000 1000 1000 1000 1000
106 (66)....................... 1000 1000 1000 1000 1000 1000 1000 1000 750
[[Page 73]]
105 (65)....................... 1000 1000 1000 1000 1000 1000 825 650 600
103 (64)....................... 1000 1000 1000 1000 1000 775 625 500 400
101 (63)....................... 1000 1000 1000 1000 440 400 350 320 300
100 (62)....................... 1000 1000 1000 525 375 250 200 150 125
98 (61)........................ 1000 700 450 250 200 125 100 75 50
97 (60)........................ 1000 425 225 125 100 75 50 ....... .......
----------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(2). This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit,
Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This
table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights
between those in the table, use the next higher antenna height. For distances between those in the table, use
the next lower distance.
[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995; as amended at 63
FR 68946, Dec. 14, 1998]
470-512 MHz Trunked Mobile Operation
Sec. 22.651 470-512 MHz channels for trunked mobile operation.
The following channels are allocated for assignment to transmitters
providing trunked public mobile service within the specified urban
areas. All channels have a bandwidth of 20 kHz and are designated by
their center frequencies in MegaHertz.
Houston
488.0125........................ 491.0125 488.0875.......... 491.0875
488.0375........................ 491.0375 488.1125.......... 491.1125
488.0625........................ 491.0625 488.1375.......... 491.1375
New York-Northern New Jersey
473.0125........................ 479.0125 473.1625.......... 479.1625
473.0375........................ 479.0375 473.1875.......... 479.1875
473.0625........................ 479.0625 473.2125.......... 479.2125
473.0875........................ 479.0875 473.2375.......... 479.2375
473.1125........................ 479.1125 473.2625.......... 479.2625
473.1375........................ 479.1375 473.2875.......... 479.2875
[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]
Sec. 22.653 Eligibility.
Only licensees already authorized to provide trunked mobile service
or their successors in interest are eligible to apply for additional use
of these channels for trunked mobile service, and then only in the urban
areas already authorized.
Sec. 22.657 Transmitter locations.
The purpose of the rules in paragraphs (a) and (b) of this section
is to define the areas in which the 470-512 MHz channels are allocated
for public mobile use. The purpose of the rules in paragraphs (c)
through (f) of this section is to reduce the likelihood that
interference to television reception from public mobile operations on
these channels will occur. The protected TV station locations specified
in paragraphs (d), (e)(1) and (f) of this section are the locations of
record as of September 1974, and these do not change even though the TV
stations may have been subsequently relocated.
(a) Base transmitter locations. Base transmitter locations must be
within 80 kilometers (50 miles) of the designated locations in this
paragraph. Mobile transmitters must not be operated at locations more
than 129 kilometers (80 miles) from the designated locations in this
paragraph. Note: All coordinates are referenced to North American Datum
1983 (NAD83).
------------------------------------------------------------------------
W.
Urban area N. latitude longitude
------------------------------------------------------------------------
Houston, TX.................................. 29[deg]45[m 95[deg]21[m
in]26.8[sec in]37.8[sec
] ]
New York, NY-NE NJ............................ 40[deg]45[m 73[deg]59[m
in]06.4[sec in]37.5[sec
] ]
------------------------------------------------------------------------
(b) Mobile area of operation. Mobile transmitters must not be
operated at locations more than 48 kilometers (30 miles) from all
associated base stations.
(c) Protection from intermodulation interference. Base transmitter
locations must be at least 1.6 kilometers (1 mile) from the current main
transmitter locations of all TV stations transmitting on TV channels
separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel
containing the frequencies on which the base station will transmit. This
requirement is intended to reduce the likelihood of intermodulation
interference.
[[Page 74]]
(d) Adjacent channel protection from mobile transmitters. Base
transmitter locations must be at least 145 kilometers (90 miles) from
the applicable protected TV station locations specified in this
paragraph. This requirement is intended to provide a 0 dB minimum
desired to undesired signal strength ratio at the Grade B contour of an
adjacent channel TV station. Note: All coordinates are referenced to
North American Datum 1983 (NAD83).
------------------------------------------------------------------------
Control transmitter frequency Protected TV station TV
range location channel
------------------------------------------------------------------------
470-476 MHz....................... Lancaster, PA, (15)
40[deg]15[min]45.3[sec]
N. Lat.
76[deg]27[min]47.9[sec]
W. Long..
476-482 MHz....................... Scranton, PA, (16)
41[deg]10[min]58.3[sec]
N. Lat.
75[deg]52[min]19.7[sec]
W. Long..
------------------------------------------------------------------------
(e) Co-channel protection from mobile transmitters. Base transmitter
locations must be at least the distance specified in paragraph (e)(2) of
this section from the applicable protected TV station locations
specified in paragraph (e)(1) of this section. This requirement is
intended to provide a 40 dB minimum desired to undesired signal strength
ratio at the Grade B contour of a co-channel TV station.
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................ Washington, DC,
38[deg]57[min]17.4[sec] N.
Lat. 77[deg]00[min]15.9[sec]
W. Long.
476-482 MHz............................ Lancaster, PA,
40[deg]15[min]45.3[sec] N.
Lat. 76[deg]27[min]47.9[sec]
W. Long.
------------------------------------------------------------------------
(2) The required minimum distance depends upon the effective
radiated power (ERP) of the most powerful mobile transmitter(s) in the
system:
------------------------------------------------------------------------
Minimum distance
Mobile unit ERP (watts) ----------------------
Kilometers Miles
------------------------------------------------------------------------
60............................................... 193 (120)
50............................................... 185 (115)
25............................................... 177 (110)
10............................................... 169 (105)
5................................................ 161 (100)
------------------------------------------------------------------------
(f) Co-channel protection from base transmitters with high antennas.
This paragraph applies only to base transmitter locations in the New
York-Northeastern New Jersey urban area that utilize an antenna height
of more than 152 meters (500 feet) above average terrain. The distance
between the location of such a base transmitter and the applicable
protected TV station location specified in this paragraph must equal or
exceed the sum of the distance from the base transmitter location to the
radio horizon in the direction of the specified location and 89
kilometers (55 miles--representing the distance from the main
transmitter location of the TV station to its Grade B contour in the
direction of the base transmitter). The distance to the radio horizon is
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE98.026
Where d is the distance to the radio horizon in kilometers h is the
height of the antenna center of radiation above ground level in meters
Note: All coordinates are referenced to North American Datum 1983
(NAD83)):
------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................ Washington, DC,
38[deg]57[min]17.4[sec] N.
Lat. 77[deg]00[min]15.9[sec]
W. Long.
476-482 MHz............................ Lancaster, PA,
40[deg]15[min]45.3[sec] N.
Lat. 76[deg]27[min]47.9[sec]
W. Long.
------------------------------------------------------------------------
(g) The FCC may waive specific distance separation requirements of
paragraphs (d) through (f) of this section if the applicant submits an
engineering analysis which demonstrates that terrain effects and/or
operation with less effective radiated power would satisfy the
applicable minimum desired to undesired signal strength ratios at the
Grade B contours of the protected TV stations. For this purpose, the
Grade B contour of a TV station is deemed to be a circle with a 89
kilometer (55 mile) radius, centered on the protected TV station
location, and along which the median TV signal field strength is 64
dB[micro]V/m. In any showing intended to demonstrate compliance with the
minimum desired to undesired signal ratio requirements of this section,
all predicted field strengths must have been
[[Page 75]]
determined using the UHF TV propagation curves contained in part 73 of
this chapter.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68947, Dec. 14, 1998]
Sec. 22.659 Effective radiated power limits.
The purpose of the rules in this section, which limit effective
radiated power (ERP), is to reduce the likelihood that interference to
television reception from public mobile operations on these channels
will occur. The protected TV station locations specified in this section
are the locations of record as of September 1974, and these do not
change even though the TV stations may have been subsequently relocated.
(a) Maximum ERP. The ERP of base transmitters must not exceed 100
Watts under any circumstances. The ERP of mobile transmitters must not
exceed 60 Watts under any circumstances.
(b) Co-channel protection from base transmitters. The ERP of base
transmitters in the New York-Northeastern New Jersey urban area must not
exceed the limits in the tables referenced in paragraphs (b)(2) and
(b)(3) of this section. The limits depend upon the height above average
terrain of the base transmitter antenna and the distance between the
base transmitter and the nearest protected TV station location in
paragraph (b)(1) of this section.
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................ Washington, DC,
38[deg]57[min]17.4[sec] N.
Lat. 77[deg]00[min]15.9[sec]
W. Long.
476-482 MHz............................ Lancaster, PA,
40[deg]15[min]45.3[sec] N.
Lat. 76[deg]27[min]47.9[sec]
W. Long.
------------------------------------------------------------------------
(2) Tables E-8 and E-9 of this section apply to base transmitters in
the New York-Northeastern New Jersey urban area that transmit on
channels in the 476-482 MHz range.
(3) Tables E-10 and E-11 of this section apply to base transmitters
in the New York-Northeastern New Jersey urban area that transmit on
channels in the 470-476 MHz range.
(c) Adjacent channel protection from base transmitters. The ERP of
base transmitters must not exceed the limits in Table E-12 of this
section. The limits depend upon the height above average terrain of the
base transmitter antenna and the distance between the base transmitter
and the nearest protected TV station location specified in paragraph
(c)(1) of this section.
(1) The protected TV station locations are as follows (all
coordinates are referenced to North American Datum 1983 (NAD83)):
------------------------------------------------------------------------
Control transmitter frequency Protected TV station
range location TV channel
------------------------------------------------------------------------
470-476 MHz...................... Hanover, NH, (15)
43[deg]42[min]30.3[sec]
N. Lat.
72[deg]09[min]14.3[sec]
W. Long.
476-482 MHz...................... Lancaster, PA, (15)
482-488 MHz...................... 40[deg]15[min]45.3[sec]
N. Lat.
76[deg]27[min]47.9[sec]
W. Long.
Scranton, PA, (16)
41[deg]10[min]58.3[sec]
N. Lat.
75[deg]52[min]19.7[sec]
W. Long.
Hanover, NH, (15)
43[deg]42[min]30.3[sec]
N. Lat.
72[deg]09[min]14.3[sec]
W. Long.
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD83).
(2) Table E-12 of this section applies to base transmitters in the
New York-Northeastern New Jersey urban area.
Table E-8--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
-----------------------------------------------------------------------------------------
Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152
(50) (100) (150) (200) (250) (300) (350) (400) (450) (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
201 (125)..................................................... 1000 1000 1000 1000 1000 1000 1000 850 750 725
193 (120)..................................................... 1000 1000 1000 1000 900 750 675 600 550 500
185 (115)..................................................... 1000 1000 800 725 600 525 475 425 375 350
[[Page 76]]
177 (110)..................................................... 850 700 600 500 425 375 325 300 275 225
169 (105)..................................................... 600 475 400 325 275 250 225 200 175 150
161 (100)..................................................... 400 325 275 225 175 150 140 125 110 100
153 (95)...................................................... 275 225 175 125 110 95 80 70 60 50
145 (90)...................................................... 175 125 100 75 50 ....... ....... ....... ....... .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec. 22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in
the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.
Table E-9--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters
(feet)
Distance to protected TV station in kilometers (miles) -----------------------------------------------------
152 305 457 610 762 914
(500) (1000) (1500) (2000) (2500) (3000)
----------------------------------------------------------------------------------------------------------------
209 (130)................................................. 1000 447 219 117 71 46
193 (120)................................................. 500 209 95 50 30 19
177 (110)................................................. 225 91 35 19 11 8
161 (100)................................................. 100 30 10 5 3 2
153 (95).................................................. 50 13 5 3 2 1
----------------------------------------------------------------------------------------------------------------
See Sec. 22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-10--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
-----------------------------------------------------------------------------------------
Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152
(50) (100) (150) (200) (250) (300) (350) (400) (450) (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
257 (160)..................................................... 1000 1000 1000 1000 1000 1000 1000 1000 1000 800
249 (155)..................................................... 1000 1000 1000 1000 1000 875 775 700 625 575
241 (150)..................................................... 1000 1000 950 775 725 625 550 500 450 400
233 (145)..................................................... 850 750 650 575 500 440 400 350 320 300
225 (140)..................................................... 600 575 465 400 350 300 275 250 230 225
217 (135)..................................................... 450 400 335 300 255 240 200 185 165 150
209 (130)..................................................... 350 300 245 200 185 160 145 125 120 100
201 (125)..................................................... 225 200 170 150 125 110 100 90 80 75
193 (120)..................................................... 175 150 125 105 90 80 70 60 55 50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec. 22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between
those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.
Table E-11--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters
(feet)
Distance to protected TV station in kilometers (miles) -----------------------------------------------------
152 305 457 610 762 914
(500) (1000) (1500) (2000) (2500) (3000)
----------------------------------------------------------------------------------------------------------------
261 (162)................................................. 1000 501 282 170 110 71
241 (150)................................................. 400 209 110 60 36 23
225 (140)................................................. 225 102 50 28 16 10
209 (130)................................................. 100 48 21 11 7 5
193 (120)................................................. 50 19 9 5 3 2
----------------------------------------------------------------------------------------------------------------
See Sec. 22.659(b)(3). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-12--Maximum ERP (Watts) for Base Transmitters
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
Distance to protected TV --------------------------------------------------------------------------------
station in kilometers (miles) 30 46 61 76 91 107 122 137 152
(100) (150) (200) (250) (300) (350) (400) (450) (500)
----------------------------------------------------------------------------------------------------------------
108 (67)....................... 1000 1000 1000 1000 1000 1000 1000 1000 1000
[[Page 77]]
106 (66)....................... 1000 1000 1000 1000 1000 1000 1000 1000 750
105 (65)....................... 1000 1000 1000 1000 1000 1000 825 650 600
103 (64)....................... 1000 1000 1000 1000 1000 775 625 500 400
101 (63)....................... 1000 1000 1000 1000 440 400 350 320 300
100 (62)....................... 1000 1000 1000 525 375 250 200 150 125
98 (61)........................ 1000 700 450 250 200 125 100 75 50
97 (60)........................ 1000 425 225 125 100 75 50 ....... .......
----------------------------------------------------------------------------------------------------------------
See Sec. 22.659(c)(2). This table applies to base transmitters in the New York-Northeastern New Jersey urban
areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna
heights between those in the table, use the next higher antenna height. For distances between those in the
table, use the next lower distance.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68947, Dec. 14, 1998]
Subpart F_Rural Radiotelephone Service
Sec. 22.701 Scope.
The rules in this subpart govern the licensing and operation of
stations and systems in the Rural Radiotelephone Service. The licensing
and operation of these stations and systems is also subject to rules
elsewhere in this part that apply generally to the Public Mobile
Services. In case of conflict, however, the rules in this subpart
govern.
Sec. 22.702 Eligibility.
Existing and proposed communications common carriers are eligible to
hold authorizations to operate conventional central office, interoffice
and rural stations in the Rural Radiotelephone Service. Subscribers are
also eligible to hold authorizations to operate rural subscriber
stations in the Rural Radiotelephone Service.
[69 FR 75170, Dec. 15, 2004]
Sec. 22.703 Separate rural subscriber station authorization not required.
A separate authorization is not required for rural subscriber
stations for which the effective radiated power does not exceed 60 Watts
and for which FAA notification of construction or alteration of the
antenna structure is not required (see criteria in Sec. 17.7 of this
chapter). Authority to operate such rural subscriber stations is
conferred by the authorization of the central office or base station
from which they receive service.
Sec. 22.705 Rural radiotelephone system configuration.
Stations in the Rural Radiotelephone Service are authorized to
communicate as follows:
(a) Rural subscriber stations are authorized to communicate with and
through the central office station(s) with which they are associated.
However, where the establishment of a central office station in this
service is not feasible, rural subscriber stations may be authorized to
communicate with and through a base station in the Paging and
Radiotelephone Service.
(b) Central office stations may communicate only with rural
subscriber stations.
(c) Interoffice stations may communicate only with other interoffice
stations.
Sec. 22.709 Rural radiotelephone service application requirements.
In addition to information required by Subparts B and D of this
part, FCC Form 601 applications for authorization to operate a station
in the Rural Radiotelephone Service must contain the applicable
supplementary information described in this section.
(a) Interoffice stations. Applications for authority to operate a
new interoffice station or to add transmitters or points of
communications to an existing interoffice station must contain an
exhibit demonstrating that the requested facilities would be used only
for interconnecting central office stations and explaining why the use
of alternative existing radio or wire facilities is not feasible.
[[Page 78]]
(b) Technical information required. For each transmitter in the
Rural Radiotelephone Service, the following information is required by
FCC Form 601:
(1) Location description: city; county; state; geographic
coordinates correct to 1 second, the datum used
(NAD83), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the
center of radiation of the antenna above the average terrain, the height
of the antenna center of radiation above the average elevation of the
terrain along each of the 8 cardinal radials, antenna gain in the
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar
plot of the horizontal gain pattern of the antenna, the electric field
polarization of the wave emitted by the antenna when installed as
proposed;
(c) No landline facilities. Each application for a central office
station must contain an exhibit showing that it is impracticable to
provide the required communication service by means of landline
facilities.
(d) Interference exhibit. Applications for central office,
interoffice and relay stations must include an exhibit identifying co-
channel facilities and demonstrating, in accordance with Sec. 22.715
that the proposed station, if authorized, would not cause interference
to the service of those co-channel facilities. This exhibit must:
(1) For UHF channels, identify each protected transmitter located
within 108 kilometers (67 miles) of the proposed transmitter in
directions in which the distance to the interfering contour is 76.4
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles)
of the proposed transmitter in directions in which the distance to the
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify
each protected Basic Exchange Telephone Radio System central office
transmitter in the rural Radiotelephone Service within 231 kilometers
(144 miles).
(2) For VHF channels, identify each protected transmitter located
within 135 kilometers (84 miles) of the proposed transmitter in
directions in which the distance to the interfering contour is 93.3
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of
the proposed transmitter in directions in which the distance to the
interfering contour exceeds 93.3 kilometers (58 miles).
(3) For each protected transmitter identified, show the results of
distance calculations indicating that there would be no overlap of
service and interfering contours, or alternatively, indicate that the
licensee of or applicant for the protected transmitter and/or the
applicant, as required, have agreed in writing to accept any
interference resulting from operation of the proposed transmitter.
(e) Blocking probability. Applications for authority to operate
basic exchange telephone radio systems (BETRS) that request more than
two channel pairs must include an exhibit containing calculations
showing that the number of channels requested is the minimum necessary
to achieve the required grade of service (in terms of blocking
probability), and that there will be adequate spectrum available in the
area to meet realistic estimates of current and future demand for
paging, two-way mobile and rural radiotelephone services (see Sec.
22.719(c)). Applications for authority to operate new conventional rural
radiotelephone systems that request more than two channel pairs must
include a statement explaining why BETRS technology is not being
proposed.
(f) Antenna Information. Upon request by an applicant, licensee, or
the Commission, a part 22 applicant or licensee of whom the request is
made shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999]
Sec. 22.711 Provision of information to applicants.
Licensees in the Rural Radio Service must, upon request by a bona-
fide prospective applicant, provide to such applicant the information
required by Sec. 22.709 regarding the portion of the licensee's
operations that potentially
[[Page 79]]
could affect, or be affected by, the prospective applicant's proposed
station, if such information is not already on file with the FCC. This
information must be provided to the bona-fide prospective applicant no
later than 30 days after receipt of the information request.
[59 FR 59954, Nov. 21, 1994]
Sec. 22.713 Construction period for rural radiotelephone stations.
The construction period for stations in the Rural Radiotelephone
Service is 12 months.
Sec. 22.715 Technical channel assignment criteria for rural radiotelephone stations.
Channels are assigned in the Rural Radiotelephone Service using the
procedures in Sec. 22.567.
Sec. 22.717 Procedure for mutually exclusive applications in the
Rural Radiotelephone Service.
Mutually exclusive applications in the Rural Radiotelephone Service,
including those that are mutually exclusive with applications in the
Paging and Radiotelephone Service, are processed in accordance with
Sec. 22.131 and with this section.
(a) Applications in the Rural Radiotelephone Service may be mutually
exclusive with applications in the Paging and Radiotelephone Service if
they seek authorization to operate facilities on the same channel in the
same area, or the technical proposals are otherwise in conflict. See
Sec. 22.567.
(b) A modification application in either service filed on the
earliest filing date may cause all later-filed mutually exclusive
applications of any type in either service to be ``cut off'' (excluded
from a same-day filing group) and dismissed, pursuant to Sec.
22.131(c)(3)(ii) and Sec. 22.131(c)(4).
[59 FR 59956, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997]
Sec. 22.719 Additional channel policy for rural radiotelephone stations.
The rules in this section govern the processing of applications for
central office stations that request a rural radiotelephone channel pair
when the applicant has applied for or been granted an authorization for
other rural radiotelephone channel pairs in the same area. The general
policy of the FCC is to promote effective use of the spectrum by
encouraging the use of spectrum-efficient technologies (i.e. BETRS) and
by assigning the minimum number of channels necessary to provide
service.
(a) Transmitters in same area. Any central office station
transmitter on any channel pair listed in Sec. 22.725 is considered to
be in the same area as another central office station transmitter on any
other channel pair listed in Sec. 22.725 if the transmitting antennas
are located within 10 kilometers (6.2 miles) of each other.
(b) Initial channel pairs. The FCC does not assign more than two
channel pairs for new central office stations, unless there are more
than eight rural subscriber stations to be served. Stations are
considered to be new if there are no authorized transmitters on any
channel listed in Sec. 22.725 controlled by the applicant in the same
geographic area.
(c) Additional channel pairs. Applications for central office
station transmitters to be located in the same area as an authorized
central office station controlled by the applicant, but to operate on a
different channel pair(s) are considered as requests for additional
channel pair(s) for the authorized central office station. The FCC may
grant applications for additional channel pairs provided that the need
for each additional channel pair (after the first two) is established
and fully justified in terms of achieving the required grade of service
(blocking probability), and the applicant demonstrates that there will
still be adequate spectrum available in the area to meet realistic
estimates of current and future demand for paging, two-way mobile and
rural radiotelephone services. In the case of conventional rural
radiotelephone central office stations, an explanation must be provided
as to why BETRS technology is not being used instead of additional
channel pairs.
[[Page 80]]
Conventional Rural Radiotelephone Stations
Sec. 22.721 Geographic area authorizations.
Eligible persons may apply for a paging geographic area
authorization in the Rural Radiotelephone Service, on the channel pairs
listed in Sec. 22.725, by following the procedures and requirements set
forth in Sec. 22.503 for paging geographic area authorizations.
[62 FR 11636, Mar. 12, 1997]
Sec. 22.723 Secondary site-by-site authorizations.
Authorizations for new facilities (including new sites and
additional channel pairs for existing sites) in the Rural Radiotelephone
Service (including BETRS facilities) may be granted after May 12, 1997
only on the condition that such authorizations shall be secondary to any
existing or future co-channel paging geographic area authorization in
the Paging and Radiotelephone Service or the Rural Radiotelephone
Service. If the paging geographic area licensee notifies the Rural
Radiotelephone Service licensee that operation of a co-channel secondary
facility must be discontinued because it may cause interference to
existing or planned facilities, the Rural Radiotelephone Service
licensee must discontinue operation of that facility on the particular
channel pair involved no later than six months after such notice.
[62 FR 11636, Mar. 12, 1997]
Sec. 22.725 Channels for conventional rural radiotelephone stations and
basic exchange telephone radio systems.
The following channels are allocated for paired assignment to
transmitters that provide conventional rural radiotelephone service and
to transmitters in basic exchange telephone radio systems. These
channels may be assigned for use by central office or rural subscriber
stations as indicated, and interoffice stations. These channels may be
assigned also for use by relay stations in systems where it would be
impractical to provide rural radiotelephone service without the use of
relay stations. All channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
------------------------------------------------------------------------
Rural Rural
Central office subscriber Central office subscriber
------------------------------------------------------------------------
VHF Channels
------------------------------------------------------------------------
152.03....................... 158.49 152.57.......... 157.83
152.06....................... 158.52 152.60.......... 157.86
152.09....................... 158.55 152.63.......... 157.89
152.12....................... 158.58 152.66.......... 157.92
152.15....................... 158.61 152.69.......... 157.95
152.18....................... 158.64 152.72.......... 157.98
152.21....................... 158.67 152.75.......... 158.01
152.51....................... 157.77 152.78.......... 158.04
152.54....................... 157.80 152.81.......... 158.07
------------------------------------------------------------------------
UHF Channels
------------------------------------------------------------------------
454.025...................... 459.025 454.350......... 459.350
454.050...................... 459.050 454.375......... 459.375
454.075...................... 459.075 454.400......... 459.400
454.100...................... 459.100 454.425......... 459.425
454.125...................... 459.125 454.450......... 459.450
454.150...................... 459.150 454.475......... 459.475
454.175...................... 459.175 454.500......... 459.500
454.200...................... 459.200 454.525......... 459.525
454.225...................... 459.225 454.550......... 459.550
454.250...................... 459.250 454.575......... 459.575
454.275...................... 459.275 454.600......... 459.600
454.300...................... 459.300 454.625......... 459.625
454.325...................... 459.325 454.650......... 459.650
------------------------------------------------------------------------
(a) The channels listed in this section are also allocated for
assignment in the Paging and Radiotelephone Service.
(b) In Puerto Rico and the Virgin Islands, channels in the 154.04-
154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to
transmitters providing rural radiotelephone service; channels in these
ranges are also allocated for assignment in the International Fixed
Public and Aeronautical Fixed radio services.
[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995, as amended at 70
FR 19309, Apr. 13, 2005]
Sec. 22.727 Power limits for conventional rural radiotelephone transmitters.
The transmitting power of transmitters operating on the channels
listed in Sec. 22.725 must not exceed the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of central
office and rural subscriber station transmitters must not exceed the
applicable limits in this paragraph under any circumstances.
[[Page 81]]
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
152-153.................................................... 1400
157-159.................................................... 150
454-455.................................................... 3500
459-460.................................................... 150
------------------------------------------------------------------------
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of central office station transmitters must not exceed
500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of this
section, the ERP of central office station transmitters must not exceed
the amount that would result in an average distance to the ``service
contour'' of 41.6 kilometers (26 miles) for VHF channels or 30.7
kilometers (19 miles) for UHF channels. The average distance to the
``service contour'' is calculated by taking the arithmetic mean of the
distances determined using the procedures specified in Sec. 22.567 for
the eight cardinal radial directions, excluding cardinal radial
directions for which 90% or more of the distance so calculated is over
water.
(d) Encompassed interfering contour areas. Central office station
transmitters are exempt from the basic power and height-power limits of
this section if the area within their interfering contours is totally
encompassed by the interfering contours of operating co-channel central
office station transmitters controlled by the same licensee. For the
purpose of this paragraph, operating transmitters are authorized
transmitters that are providing service to subscribers.
(e) Adjacent channel protection. The ERP of central office station
transmitters must not exceed 500 Watts if they transmit on channel
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any
Private Radio Services station receiving on adjacent channel 454.000
MHz.
[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]
Sec. 22.731 Emission limitations.
Upon application for multichannel operation, the FCC may authorize
emission bandwidths wider than those specified in Sec. 22.357, provided
that spectrum utilization is equal to or better than that achieved by
single channel operation.
Sec. 22.733 Priority of service.
Within the Rural Radiotelephone Service, the channels listed in
Sec. 22.725 are intended primarily for use in rendition of public
message service between rural subscriber and central office stations and
to provide radio trunking facilities between central offices. The
channels may also be used, however, for the rendition of private leased-
line communication service provided that such usage would not reduce or
impair the extent or quality of communication service that would be
available, in the absence of private leased-line service, to the general
public receiving or subsequently requesting public message service from
a central office.
Sec. 22.737 Temporary fixed stations.
The FCC may, upon proper application therefor, authorize the
construction and operation of temporary fixed stations. Temporary fixed
stations are to be used as rural subscriber, interoffice, or central
office stations when those stations are unavailable or when service from
those stations is disrupted by storms or emergencies.
(a) Six month limitation. If it is necessary for a temporary fixed
station to remain at the same location for more than six months, the
licensee of that station must apply for authorization to operate the
station at the specific location at least 30 days before the end of the
six month period.
(b) International communications. Communications between the United
States and Canada or Mexico must not be carried using a temporary fixed
station without prior authorization from the FCC. Licensees desiring to
carry such communications should apply sufficiently in advance to allow
for the time necessary to coordinate with Canada or Mexico.
Basic Exchange Telephone Radio Systems
Sec. 22.757 Channels for basic exchange telephone radio systems.
The channels listed in Sec. 22.725 are also allocated for paired
assignment to
[[Page 82]]
transmitters in basic exchange telephone radio systems.
[70 FR 19309, Apr. 13, 2005]
Sec. 22.759 Power limit for BETRS.
The effective radiated power of central office and rural subscriber
station transmitters used in basic exchange telephone radio systems must
not exceed the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of central
office and rural subscriber station transmitters in BETRS must not
exceed the applicable limits in this paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
152-153.................................................... 1400
157-159.................................................... 150
454-455.................................................... 3500
459-460.................................................... 150
------------------------------------------------------------------------
(b) Height-power limit. The ERP of central office stations in BETRS
must not exceed the amount calculated as follows:
ERPw=557,418/hm2
where ERPw is the effective radiated power in Watts
hm is the average (eight cardinal radial) antenna height
above average terrain in meters
Subpart G_Air-Ground Radiotelephone Service
Sec. 22.801 Scope.
The rules in this subpart govern the licensing and operation of air-
ground stations and systems. The licensing and operation of these
stations and systems is also subject to rules elsewhere in this part and
in part 1 of this chapter that generally apply to the Public Mobile
Services. In case of conflict, however, the rules in this subpart
govern.
[70 FR 19309, Apr. 13, 2005]
General Aviation Air-Ground Stations
Sec. 22.805 Channels for general aviation air-ground service.
The following channels are allocated for the provision of
radiotelephone service to airborne mobile subscribers in general
aviation aircraft. These channels have a bandwidth of 20 kHz and are
designated by their center frequencies in MegaHertz.
Signalling Channel Pair
------------------------------------------------------------------------
Ground Airborne mobile
------------------------------------------------------------------------
454.675 459.675
------------------------------------------------------------------------
Communication Channel Pairs
------------------------------------------------------------------------
Ground Airborne mobile
------------------------------------------------------------------------
454.700 459.700
454.725 459.725
454.750 459.750
454.775 459.775
454.800 459.800
454.825 459.825
454.850 459.850
454.875 459.875
454.900 459.900
454.925 459.925
454.950 459.950
454.975 459.975
------------------------------------------------------------------------
(a) Channel 454.675 MHz is assigned to each and every ground
station, to be used only for automatically alerting airborne mobile
stations of incoming calls.
(b) All airborne mobile channels are assigned for use by each and
every airborne mobile station.
Sec. 22.807 General aviation air-ground application requirements.
In addition to the information required by subparts B and D of this
part, FCC Form 601 applications for authorization to operate a general
aviation air-ground station must contain the applicable supplementary
information described in this section.
(a) Administrative information. The following information is
required by FCC Form 601.
(1) The number of transmitter sites for which authorization is
requested.
(2) The call sign(s) of other facilities in the same area that are
ultimately controlled by the real party in interest to the application.
(b) Technical information required. For each transmitter in the
Rural Radiotelephone Service, the following information is required by
FCC Form 601:
(1) Location description, city, county, state, geographic
coordinates (NAD83) correct to 1 second, site
elevation above mean sea level, proximity
[[Page 83]]
to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, antenna gain in the
maximum lobe, the electric field polarization of the wave emitted by the
antenna when installed as proposed;
(3) The center frequency of each channel requested, the maximum
effective radiated power, any non-standard emission types to be used,
including bandwidth and modulation type and the transmitter
classification (e.g. ground or signaling).
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999. Redesignated and
amended at 70 FR 19309, Apr. 13, 2005]
Sec. 22.809 Transmitting power limits.
The transmitting power of ground and airborne mobile transmitters
operating on the channels listed in Sec. 22.805 must not exceed the
limits in this section.
(a) Ground station transmitters. The effective radiated power of
ground stations must not exceed 100 Watts and must not be less than 50
Watts, except as provided in Sec. 22.811.
(b) Airborne mobile transmitters. The transmitter power output of
airborne mobile transmitters must not exceed 25 Watts and must not be
less than 4 Watts.
Sec. 22.813 Technical channel pair assignment criteria.
The rules in this section establish technical assignment criteria
for the channel pairs listed in Sec. 22.805. These criteria are
intended to provide substantial service volumes over areas that have
significant local and regional general aviation activity, while
maintaining the continuous nationwide in-route coverage of the original
geographical layout.
(a) Distance separation for co-channel ground stations. The FCC may
grant an application requesting assignment of a communication channel
pair to a proposed ground transmitter only if the proposed antenna
location is at least 800 kilometers (497 miles) from the antenna
location of the nearest co-channel ground transmitter in the United
States, its territories and possessions; and 1000 kilometers (621 miles)
from the antenna location of the nearest co-channel ground transmitter
in Canada.
(b) Dispersion. The FCC may grant an application requesting
assignment of a communication channel pair to a proposed ground
transmitter only if there are no more than five different communication
channel pairs already assigned to ground transmitters with antenna
locations within a 320 kilometer (199 mile) radius of the proposed
antenna location.
Sec. 22.815 Construction period for general aviation ground stations.
The construction period (see Sec. 1.946 of this chapter) for
general aviation ground stations is 12 months.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.817 Additional channel policies.
The rules in this section govern the processing of applications for
authority to operate a ground station transmitter on any ground station
communication channel listed in Sec. 22.805 when the applicant has
applied or been granted an authorization for other ground station
communication channels in the same area. The general policy of the FCC
is to assign one ground station communication channel in an area to a
carrier per application cycle, up to a maximum of six ground station
communication channels per area. That is, a carrier must apply for one
ground station communication channel, receive the authorization,
construct the station, and notify the FCC of commencement of service
before applying for an additional ground station communication channel
in that area.
(a) Air-ground transmitters in same area. Any transmitter on any of
the ground station channels listed in Sec. 22.805 is considered to be
in the same area as another transmitter on any ground station channel
listed in Sec. 22.805 if it is located less than 350 kilometers (217
miles) from that transmitter.
(b) Initial channel. The FCC will not assign more than one ground
station communication channel for new ground stations. Ground stations
are considered to be new if there are no authorized ground station
transmitters on any channel listed in Sec. 22.805 controlled by the
applicant in the same area.
[[Page 84]]
(c) Additional channel. Applications for ground transmitters to be
located in the same area as an authorized ground station controlled by
the applicant, but to operate on a different ground station
communication channel, are considered as requesting an additional
channel for the authorized station.
(d) Amendment of pending application. If the FCC receives and
accepts for filing an application for a ground station transmitter to be
located in the same area as a ground station transmitter proposed in a
pending application previously filed by the applicant, but on a
different ground station communication channel, the subsequent
application is treated as a major amendment to change the technical
proposal of the prior application. The filing date of any application so
amended is the date the FCC received the subsequent application.
(e) Dismissal of premature applications for additional channel. If
the FCC receives an application requesting an additional ground station
communication channel for an authorized ground station prior to
receiving notification that the station is providing service to
subscribers on the authorized channel(s), the FCC may dismiss that
application without prejudice.
(f) Dismissal of applications for seventh channel. If the FCC
receives an application requesting an additional ground station
communication channel for an authorized ground station which would, if
granted, result in that station being assigned more than six ground
station communication channels in the same area, the FCC may dismiss
that application without prejudice.
Commercial Aviation Air-Ground Systems
Sec. 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum.
No individual or entity may hold, directly or indirectly, a
controlling interest in licenses authorizing the use of more than three
megahertz of spectrum (either shared or exclusive) in the 800 MHz
commercial aviation Air-Ground Radiotelephone Service frequency bands
(see Sec. 22.857). Individuals and entities with either de jure or de
facto control of a licensee in these bands will be considered to have a
controlling interest in its license(s). For purposes of this rule, the
definitions of ``controlling interests'' and ``affiliate'' set forth in
paragraphs (c)(2) and (c)(5) of Sec. 1.2110 of this chapter shall
apply.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.857 Channel plan for commercial aviation air-ground systems.
The 849-851 MHz and 894-896 MHz frequency bands are designated for
paired nationwide exclusive assignment to the licensee or licensees of
systems providing radio telecommunications service, including voice and/
or data service, to persons on board aircraft. Air-ground systems
operating in these frequency bands are referred to in this part as
``commercial aviation'' systems.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.859 Incumbent commercial aviation air-ground systems.
This section contains rules concerning continued operation of
commercial aviation air-ground systems that were originally authorized
prior to January 1, 2004 to provide radiotelephone service using
narrowband (6 kHz) channels, and that have been providing service
continuously since the original commencement of service (hereinafter
``incumbent systems'').
(a) An incumbent system may continue to operate under its
authorization, for the remaining term of such authorization, subject to
the terms and conditions attached thereto. Wherever such technical and
operational conditions differ from technical and operational rules in
this subpart, those conditions shall govern its operations.
(b) Notwithstanding any other provision in this chapter, the
licensee of an incumbent system shall not be entitled to an expectation
of renewal of said authorization.
(c) During the period that an incumbent system continues to operate
and provide service pursuant to paragraph (a) of this section, air-
ground systems of licensees holding a new authorization for the spectrum
within which the incumbent system operates must not cause interference
to the incumbent
[[Page 85]]
system. Protection from interference requires that the signals of the
new systems must not exceed a ground station received power of -130 dBm
within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically
polarized receive antenna.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.861 Emission limitations.
The rules in this section govern the spectral characteristics of
emissions for commercial aviation systems in the Air-Ground
Radiotelephone Service. Commercial aviation air-ground systems may use
any type of emission or technology that complies with the technical
rules in this subpart.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 100 kHz or greater. In the 1 MHz bands immediately outside and
adjacent to the frequency block a resolution bandwidth of at least one
percent of the emission bandwidth of the fundamental emission of the
transmitter may be employed. A narrower resolution bandwidth is
permitted in all cases to improve measurement accuracy provided the
measured power is integrated over the full required measurement
bandwidth (i.e., 100 kHz or 1 percent of emission bandwidth, as
specified). The emission bandwidth is defined as the width of the signal
between two points, one below the carrier center frequency and one above
the carrier center frequency, outside of which all emissions are
attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. The licensee(s) of
commercial aviation air-ground systems, together with affected licensees
of Cellular Radiotelephone Service systems operating in the spectrum
immediately below and adjacent to the commercial aviation air-ground
bands, may establish an alternative out of band emission limit to be
used at the 849 MHz and 894 MHz band edge(s) in specified geographical
areas, in lieu of that set forth in this section, pursuant to a private
contractual arrangement of all affected licensees and applicants. In
this event, each party to such contract shall maintain a copy of the
contract in their station files and disclose it to prospective assignees
or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission
from a transmitter operating in this service results in interference to
users of another radio service, the FCC may require a greater
attenuation of that emission than specified in this section.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.863 Frequency stability.
The frequency stability of equipment used under this subpart shall
be sufficient to ensure that, after accounting for Doppler frequency
shifts, the occupied bandwidth of the fundamental emissions remains
within the authorized frequency bands of operation.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.867 Effective radiated power limits.
The effective radiated power (ERP) of ground and airborne stations
operating on the frequency ranges listed in Sec. 22.857 must not exceed
the limits in this section.
(a) The peak ERP of airborne mobile station transmitters must not
exceed 12 Watts.
(b) The peak ERP of ground station transmitters must not exceed 500
Watts.
[70 FR 19310, Apr. 13, 2005]
Sec. 22.873 Construction requirements for commercial aviation air-ground systems.
Licensees authorized to use more than one megahertz (1 MHz) of the
800 MHz commercial aviation air-ground spectrum allocation (see Sec.
22.857) must make a showing of ``substantial service'' as set forth in
this section. Failure by any such licensee to meet this requirement will
result in forfeiture of the license and the licensee will be ineligible
to regain it. Licensees authorized to use one megahertz or less of the
800 MHz commercial aviation air-
[[Page 86]]
ground spectrum allocation are not subject to the requirements in this
section.
(a) ``Substantial service'' is defined as service that is sound,
favorable, and substantially above a level of mediocre service that just
might minimally warrant renewal.
(b) Each commercial aviation air-ground system subject to the
requirements of this section must demonstrate substantial service within
5 years after grant of the authorization. Substantial service may be
demonstrated by, but is not limited to, either of the following ``safe
harbor'' provisions:
(1) Construction and operation of 20 ground stations, with at least
one ground station located in each of the 10 Federal Aviation
Administration regions; or,
(2) Provision of service to the airspace of 25 of the 50 busiest
airports (as measured by annual passenger boardings).
[70 FR 19310, Apr. 13, 2005]
Sec. 22.877 Unacceptable interference to Part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.
The definition of unacceptable interference to non-cellular part 90
licensees in the 800 MHz band from commercial aviation air-ground
systems is the same as the definition set forth in Sec. 22.970 which is
applicable to Cellular Radiotelephone Service systems.
[70 FR 19311, Apr. 13, 2005]
Sec. 22.878 Obligation to abate unacceptable interference.
This section applies only to commercial aviation ground stations
transmitting in the 849-851 MHz band, other than commercial aviation
ground stations operating under the authority of a license originally
granted prior to January 1, 2004.
(a) Strict responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular part 90 licensee in the 800
MHz band, as defined in Sec. 22.877, shall be strictly accountable to
abate the interference, with full cooperation and utmost diligence, in
the shortest time practicable. Interfering licensees shall consider all
feasible interference abatement measures, including, but not limited to,
the remedies specified in the interference resolution procedures set
forth in Sec. 22.879. This strict responsibility obligation applies to
all forms of interference, including out-of-band emissions and
intermodulation.
(b) Joint and Several responsibility. If two or more licensees,
whether in the commercial aviation air-ground radiotelephone service or
in the Cellular Radiotelephone Service (see Sec. 22.971), knowingly or
unknowingly, directly or indirectly, cause or contribute to causing
unacceptable interference to a non-cellular part 90 licensee in the 800
MHz band, as defined in Sec. 22.877, such licensees shall be jointly
and severally responsible for abating interference, with full
cooperation and utmost diligence, in the shortest practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.879(c). This
joint and several responsibility rule applies to all forms of
interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly cause or contribute to causing unacceptable interference to a
non-cellular part 90 licensee in the 800 MHz band, as defined in Sec.
22.877, shall not be held responsible for resolving unacceptable
interference. Notwithstanding, any licensee that receives an
interference complaint from a public safety/CII licensee shall respond
to such complaint consistent with the interference resolution procedures
set forth in Sec. 22.879.
[70 FR 19411, Apr. 13, 2005]
Sec. 22.879 Interference resolution procedures.
This section applies only to commercial aviation ground stations
transmitting in the 849-851 MHz band, other than commercial aviation
ground stations operating under the authority of
[[Page 87]]
a license originally granted prior to January 1, 2004.
(a) Initial notification. Commercial aviation air-ground system
licensees may receive initial notification of interference from non-
cellular part 90 licensees in the 800 MHz band pursuant to Sec.
90.674(a) of this chapter.
(1) Commercial aviation air-ground system licensees shall join with
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in
utilizing an electronic means of receiving the initial notification
described in Sec. 90.674(a) of this chapter. See Sec. 22.972.
(2) Commercial aviation air-ground system licensees must respond to
the initial notification described in Sec. 90.674(a) of this chapter as
soon as possible and no later than 24 hours after receipt of
notification from a part 90 public safety/CII licensee. This response
time may be extended to 48 hours after receipt from other part 90 non-
cellular licensees provided affected communications on these systems are
not safety related.
(b) Interference analysis. Commercial aviation air-ground system
licensees--who receive an initial notification described in Sec.
90.674(a) of this chapter--shall perform a timely analysis of the
interference to identify the possible source. Immediate on-site visits
may be conducted when necessary to complete timely analysis.
Interference analysis must be completed and corrective action initiated
within 48 hours of the initial complaint from a part 90 public safety/
CII licensee. This response time may be extended to 96 hours after the
initial complaint from other part 90 non-cellular licensees provided
affected communications on these systems are not safety related.
Corrective action may be delayed if the affected licensee agrees in
writing (which may be, but is not required to be, recorded via e-mail or
other electronic means) to a longer period.
(c) Mitigation steps. Any commercial aviation air-ground system that
is responsible for causing unacceptable interference to non-cellular
part 90 licensees in the 800 MHz band shall take affirmative measures to
resolve such interference.
(1) Commercial aviation air-ground system licensees found to
contribute to unacceptable interference, as defined in Sec. 22.877,
shall resolve such interference in the shortest time practicable.
Commercial aviation air-ground system licensees must provide all
necessary test apparatus and technical personnel skilled in the
operation of such equipment as may be necessary to determine the most
appropriate means of timely eliminating the interference. However, the
means whereby interference is abated or the technical parameters that
may need to be adjusted is left to the discretion of the commercial
aviation air-ground system licensee, whose affirmative measures may
include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the commercial aviation air-ground
system signal;
(iii) Modifying the commercial aviation air-ground system antenna
height;
(iv) Modifying the commercial aviation air-ground system antenna
characteristics;
(v) Incorporating filters into the commercial aviation air-ground
system transmission equipment;
(vi) Changing commercial aviation air-ground system frequencies; and
(vii) Supplying interference-resistant receivers to the affected
public safety/CII licensee(s). If this technique is used, in all
circumstances, commercial aviation air-ground system licensees shall be
responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove
inadequate, the affected part 90 non-cellular licensee shall, consistent
with but not compromising safety, make all necessary concessions to
accepting interference until a longer-term remedy can be implemented.
(3) When a part 90 public safety licensee determines that a
continuing presence of interference constitutes a clear and imminent
danger to life or property, the licensee causing the interference must
discontinue the associated operation immediately, until a remedy can be
identified and applied. The determination that a continuing presence
exists that constitutes a clear
[[Page 88]]
and imminent danger to life or property, must be made by written
statement that:
(i) Is in the form of a declaration, notarized affidavit, or
statement under penalty or perjury, from an officer or executive of the
affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and
imminent danger;
(iii) Was formulated on the basis of either personal knowledge or
belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and,
(v) Has been approved by the Chief of the Public Safety and Homeland
Security Bureau or other designated Commission official. Prior to the
authorized official making a determination that a clear and imminent
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a
copy transmitted by the fastest available means to the Washington, DC
office of the Commission's Public Safety and Homeland Security Bureau.
[70 FR 19311, Apr. 13, 2005, as amended at 71 FR 69038, Nov. 29, 2006]
Sec. 22.880 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a
commercial aviation air-ground system licensee that they wish to receive
prior notification of the activation or modification of a commercial
aviation air-ground system ground station site in their area.
Thereafter, the commercial aviation air-ground system licensee must
provide the following information to the public safety/CII licensee at
least 10 business days before a new ground station is activated or an
existing ground station is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna manufacturer, model number, height above ground level
and up tilt angle, as installed;
(4) Channels available for use.
(b) Purpose of prior notification. The prior notification of ground
station activation or modification is for informational purposes only:
public safety/CII licensees are not afforded the right to accept or
reject the activation of a proposed ground station or to unilaterally
require changes in its operating parameters. The principal purposes of
prior notification are to:
(1) Allow a public safety licensee to advise the commercial aviation
air-ground system licensee whether it believes a proposed ground station
will generate unacceptable interference;
(2) Permit commercial aviation air-ground system licensee(s) to make
voluntary changes in ground station parameters when a public safety
licensee alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when
the ground station is activated.
[70 FR 19312, Apr. 13, 2005]
Sec. 22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
Mutually exclusive initial applications for general aviation Air-
Ground Radiotelephone Service licenses and mutually exclusive initial
applications for commercial Air-Ground Radiotelephone Service licenses
are subject to competitive bidding. The general competitive bidding
procedures set forth in part 1, subpart Q, of this chapter will apply
unless otherwise provided in this subpart.
[70 FR 76417, Dec. 27, 2005]
Sec. 22.882 Designated entities.
(a) Eligibility for small business provisions in the commercial Air-
Ground Radiotelephone Service.
(1) A small business is an entity that, together with its
affiliates, its controlling interests and the affiliates of its
controlling interests, has average gross revenues that are not more than
$40 million for the preceding three years.
(2) A very small business is an entity that, together with its
affiliates, its controlling interests and the affiliates of its
controlling interests, has average gross revenues that are not more than
$15 million for the preceding three years.
(b) Bidding credits in the commercial Air-Ground Radiotelephone
Service.
[[Page 89]]
(1) A winning bidder that qualifies as a small business, as defined
in this section, or a consortium of small businesses may use a bidding
credit of 15 percent, as specified in Sec. 1.2110(f)(2)(iii) of this
chapter, to lower the cost of its winning bid on a commercial Air-Ground
Radiotelephone Service license.
(2) A winning bidder that qualifies as a very small business, as
defined in this section, or a consortium of very small businesses may
use a bidding credit of 25 percent, as specified in Sec.
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid
on a commercial Air-Ground Radiotelephone Service license.
[70 FR 76417, Dec. 27, 2005]
Subpart H_Cellular Radiotelephone Service
Sec. 22.900 Scope.
The rules in this subpart govern the licensing and operation of
cellular radiotelephone systems. Licensing and operation of these
systems are also subject to rules elsewhere in this part that apply
generally to the Public Mobile Services. In case of conflict, however,
the rules in this subpart govern.
Sec. 22.901 Cellular service requirements and limitations.
The licensee of each cellular system is responsible for ensuring
that its cellular system operates in compliance with this section.
(a) Each cellular system must provide either mobile service, fixed
service, or a combination of mobile and fixed service, subject to the
requirements, limitations and exceptions in this section. Mobile service
provided may be of any type, including two way radiotelephone, dispatch,
one way or two way paging, and personal communications services (as
defined in part 24 of this chapter). Fixed service is considered to be
primary service, as is mobile service. When both mobile and fixed
service are provided, they are considered to be co primary services. In
providing cellular services, each cellular system may incorporate any
technology that meets all applicable technical requirements in this
part.
(b) Until February 18, 2008, each cellular system that provides two-
way cellular mobile radiotelephone service must--
(1) Maintain the capability to provide compatible analog service
(``AMPS'') to cellular telephones designed in conformance with the
specifications contained in sections 1 and 2 of the standard document
ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station Compatibility
Standard (approved October 14, 1999); or, the corresponding portions,
applicable to mobile stations, of whichever of the predecessor standard
documents was in effect at the time of the manufacture of the telephone.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the standard may be purchased from Global Engineering
Documents, 15 Inverness Way East, Englewood, CO 80112-5704 (or via the
internet at http://global.ihs.com). Copies are available for inspection
at the Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(2) Provide AMPS, upon request, to subscribers and roamers using
such cellular telephones while such subscribers are located in any
portion of the cellular system's CGSA where facilities have been
constructed and service to subscribers has commenced. See also Sec.
20.12 of this chapter. Cellular licensees must allot sufficient system
resources such that the quality of AMPS provided, in terms of geographic
coverage and traffic capacity, is fully adequate to satisfy the
concurrent need for AMPS availability.
[67 FR 77191, Dec. 17, 2002, as amended at 69 FR 18803, Apr. 9, 2004]
Sec. 22.905 Channels for cellular service.
The following frequency bands are allocated for assignment to
service providers in the Cellular Radiotelephone Service.
[[Page 90]]
(a) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-
891.5 MHz paired with 845-846.5 MHz.
(b) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-
894 MHz paired with 846.5-849 MHz.
[67 FR 77191, Dec. 17, 2002]
Sec. 22.907 Coordination of channel usage.
Licensees in the Cellular Radiotelephone Service must coordinate,
with the appropriate parties, channel usage at each transmitter location
within 121 kilometers (75 miles) of any transmitter locations authorized
to other licensees or proposed by tentative selectees or other
applicants, except those with mutually exclusive applications.
(a) Licensees must cooperate and make reasonable efforts to resolve
technical problems that may inhibit effective and efficient use of the
cellular radio spectrum; however, licensees are not obligated to suggest
extensive changes to or redesign other licensees' cellular systems.
Licensees must make reasonable efforts to avoid blocking the growth of
other cellular systems that are likely to need additional capacity in
the future.
(b) If technical problems are addressed by an agreement or operating
agreement between the licensees that would result in a reduction of
quality or capacity of either system, the licensees must notify the
Commission by updating FCC Form 601.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]
Sec. 22.909 Cellular markets.
Cellular markets are standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems.
Cellular markets comprise Metropolitan Statistical Areas (MSAs) and
Rural Service Areas (RSAs). All cellular markets and the counties they
comprise are listed in Public Notice Report No. CL-92-40 ``Common
Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and
Counties'', dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992).
(a) MSAs. Metropolitan Statistical Areas are 306 areas, including
New England County Metropolitan Areas and the Gulf of Mexico Service
Area (water area of the Gulf of Mexico, border is the coastline),
defined by the Office of Management and Budget, as modified by the FCC.
(b) RSAs. Rural Service Areas are 428 areas, other than MSAs,
established by the FCC.
Sec. 22.911 Cellular geographic service area.
The Cellular Geographic Service Area (CGSA) of a cellular system is
the geographic area considered by the FCC to be served by the cellular
system. The CGSA is the area within which cellular systems are entitled
to protection and within which adverse effects for the purpose of
determining whether a petitioner has standing are recognized.
(a) CGSA determination. The CGSA is the composite of the service
areas of all of the cells in the system, excluding any area outside the
cellular market boundary, except as provided in paragraph (c) of this
section, and excluding any area within the CGSA of another cellular
system. The service area of a cell is the area within its service area
boundary (SAB). The distance to the SAB is calculated as a function of
effective radiated power (ERP) and antenna center of radiation height
above average terrain (HAAT), height above sea level (HASL) or height
above mean sea level (HAMSL).
(1) Except as provided in paragraphs (a)(2) and (b) of this section,
the distance from a cell transmitting antenna to its SAB along each
cardinal radial is calculated as follows:
d=2.531xh\0.34\ xp\0.17\
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(2) The distance from a cell transmitting antenna located in the
Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial
is calculated as follows:
d = 6.895 x h\0.30\x p\0.15\
Where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
[[Page 91]]
(3) The value used for h in the formula in paragraph (a)(2) of this
section must not be less than 8 meters (26 feet) HASL (or HAMSL, as
appropriate for the support structure). The value used for h in the
formula in paragraph (a)(1) of this section must not be less than 30
meters (98 feet) HAAT, except that for unserved area applications
proposing a cell with an ERP not exceeding 10 Watts, the value for h
used in the formula in paragraph (a)(1) of this section to determine the
service area boundary for that cell may be less than 30 meters (98 feet)
HAAT, but not less than 3 meters (10 feet) HAAT.
(4) The value used for p in the formulas in paragraphs (a)(1) and
(a)(2) of this section must not be less than 0.1 Watt or 27 dB less than
(1/500 of) the maximum ERP in any direction, whichever is more.
(5) Whenever use of the formula in paragraph (a)(1) of this section
pursuant to the exception contained in paragraph (a)(3) of this section
results in a calculated distance that is less than 5.4 kilometers (3.4
miles), the radial distance to the service area boundary is deemed to be
5.4 kilometers (3.4 miles).
(6) The distance from a cell transmitting antenna to the SAB along
any radial other than the eight cardinal radials is calculated by linear
interpolation of distance as a function of angle.
(b) Alternative CGSA determination. If a carrier believes that the
method described in paragraph (a) of this section produces a CGSA that
departs significantly (20% in the service area of
any cell) from the geographic area where reliable cellular service is
actually provided, the carrier may submit, as an exhibit to an
application for modification of the CGSA using FCC Form 601, a depiction
of what the carrier believes the CGSA should be. Such submissions must
be accompanied by one or more supporting propagation studies using
methods appropriate for the 800-900 MHz frequency range, including all
supporting data and calculations, and/or by extensive field strength
measurement data. For the purpose of such submissions, cellular service
is considered to be provided in all areas, including ``dead spots'',
between the transmitter location and the locus of points where the
predicted or measured median field strength finally drops to 32
dB[micro]V/m (i.e. does not exceed 32 dB[micro]V/m further out). If,
after consideration of such submissions, the FCC finds that adjustment
to a CGSA is warranted, the FCC may grant the application.
(1) The alternative CGSA determination must define the CGSA in terms
of distances from the cell sites to the 32 dBuV/m contour along the
eight cardinal radials, with points in other azimuthal directions
determined by the method given in paragraph (a)(6) of this section. The
distances used for the cardinal radials must be representative of the
coverage within the 45[deg] sectors, as depicted by the alternative CGSA
determination.
(2) If an uncalibrated predictive model is used to depict the CGSA,
the alternative CGSA determination must identify factors (e.g. terrain
roughness or features) that could plausibly account for the difference
between actual coverage and that defined by the formula in paragraph
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact
is disclosed in the alternative CGSA determination, it is not necessary
to offer an explanation of the difference between actual coverage and
that defined by the formula in paragraph (a)(1) of this section. If the
formula in paragraph (a)(1) of this section is clearly inapplicable for
the cell(s) in question (e.g. for microcells), this should be disclosed
in the alternative CGSA determination.
(3) The provision for alternative CGSA determinations was made in
recognition that the formula in paragraph (a)(1) of this section is a
general model that provides a reasonable approximation of coverage in
most land areas, but may under-predict or over-predict coverage in
specific areas with unusual terrain roughness or features, and may be
inapplicable for certain purposes, e.g., cells with a coverage radius of
less than 8 kilometers (5 miles). In such cases, alternative methods
that utilize more specific models are appropriate. Accordingly, the FCC
does not consider use of the formula in paragraph (a)(1) of this section
with parameters outside of the limits in paragraphs (a)(3), (a)(4)
[[Page 92]]
and (a)(5) of this section or with data for radials other than the
cardinal radials to be a valid alternative method for determining the
CGSA of a cellular system.
(c) CGSA extension areas. SAB extensions (areas outside of the
cellular market boundary, but within the service area as calculated
using the methods of paragraph (a) of this section) are part of the CGSA
only under the following circumstances:
(1) During the five year build-out period of the system in the
cellular market containing the extension, the licensees of systems on
the same channel block in adjacent cellular markets may agree that the
portion of the service area of one system that extends into unserved
areas in the other system's cellular market is part of the CGSA of the
former system.
(2) At the end of the five year build-out period of the system in
the cellular market containing the extension, the portion of the service
area that extends into unserved areas in another cellular market becomes
part of the CGSA, provided that the licensee of the system so extended
files a system information update in accordance with Sec. 22.947(c).
(3) For original systems in MSAs, extensions of the CGSA authorized
by the FCC are part of the CGSA to the extent authorized.
(d) Protection afforded. Within the CGSA determined in accordance
with this section, cellular systems are entitled to protection from co-
channel and first-adjacent channel interference and from capture of
subscriber traffic by adjacent systems on the same channel block.
(1) Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific
cells or by other technical means.
(2) Protection from capture of subscriber traffic is applied and
limited in accordance with the following:
(i) Subscriber traffic is captured if an SAB of one cellular system
overlaps the CGSA of another operating cellular system. Therefore,
cellular licensees must not begin to operate any facility that would
cause an SAB to overlap the existing CGSA of another cellular system on
the same channel block, without first obtaining the written consent of
the licensee of that system. However, cellular licensees may continue to
operate existing facilities that produce an SAB overlapping a
subsequently-authorized portion of the CGSA of another cellular system
on the same channel block until the licensee of that system requests
that the SAB be removed from its CGSA. Such request may be made directly
to the licensee of the overlapping system or to the FCC. In the event
such request is made, the licensee of the overlapping system must reduce
the transmitting power or antenna height (or both) at the pertinent cell
site as necessary to remove the SAB from the CGSA of the other system,
unless a written consent from the licensee of the other system allowing
the SAB to remain is obtained. Cellular licensees may enter into
contracts with the licensees of other cellular systems on the same
channel block to allow SABs to overlap CGSAs.
(ii) Cellular licensees are at most entitled to have a CGSA free of
SABs from other cellular systems on the same channel block.
(e) Unserved areas. Unserved areas are areas outside of all existing
CGSAs (on either of the channel blocks), to which the Communications Act
of 1934, as amended, is applicable.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68951, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec.
17, 2002; 68 FR 42295, July 17, 2003]
Sec. 22.912 Service area boundary extensions.
This section contains rules governing service area boundary (SAB)
extensions. SAB extensions are areas outside of the cellular market
boundary, but within the service area as calculated using the methods of
Sec. 22.911(a). Cellular systems must be designed to comply with the
rules in this section. Applications proposing systems that would not
comply with the rules in this section are defective. Service within SAB
extensions is not protected from interference or capture under Sec.
22.911(d) unless and until the area within the SAB extension becomes a
part of the cellular geographic service area (CGSA) in accordance with
Sec. 22.911(c).
[[Page 93]]
(a) De minimis extensions. Except as otherwise provided in
paragraphs (b) and (d) of this section, SABs may be extended into
adjacent cellular markets if such extensions are de minimis, are
demonstrably unavoidable for technical reasons of sound engineering
design, and do not extend into the CGSA of any other licensee's cellular
system on the same channel block, any part of the Gulf of Mexico
Exclusive Zone (GMEZ), or into any adjacent cellular market on a channel
block for which the five year build-out period has expired.
(b) Contract extensions. Except as otherwise provided in paragraph
(d) of this section, cellular system licensees may enter into contracts
to allow SAB extensions as follows:
(1) The licensee of any cellular system may, at any time, enter into
a contract with an applicant for, or licensee of, a cellular system on
the same channel block in an adjacent cellular market, to allow one or
more SAB extensions into its CGSA only (not into unserved area).
(2) The licensee of the first authorized cellular system on each
channel block in the Gulf of Mexico Service Area (GMSA) may enter into a
contract with an applicant for, or licensee of, a cellular system on the
same channel block in an adjacent cellular market or in the Gulf of
Mexico Coastal Zone (GMCZ), to allow one or more SAB extensions into the
Gulf of Mexico Exclusive Zone.
(3) The licensee of the first authorized cellular system on each
channel block in each cellular market may enter into a contract with an
applicant for or licensee of a cellular system on the same channel block
in an adjacent cellular market, to allow one or more SAB extensions into
its CGSA and/or unserved area in its cellular market, during its five
year build-out period.
(b) Contract extensions. Except as restricted in paragraph (d) of
this section, licensees of cellular systems on the same channel block in
adjacent cellular markets may, at any time, enter into contracts with
applicants or other licensees to allow SAB extensions into their CGSA
only (not into unserved areas). Except as restricted in paragraph (d) of
this section, licensees of the first authorized cellular systems on the
same channel block in adjacent cellular markets may agree to allow SAB
extensions into their CGSA and/or unserved areas in their cellular
markets during the five year build-out period of the market into which
the SAB extends.
(c) Same applicant/licensee. Except as restricted in paragraph (d)
of this section, licensees of cellular systems that are also an
applicant or licensee on the same channel block in adjacent cellular
markets may, at any time, allow or propose SAB extensions from their
adjacent market system into their CGSH only (not into unserved areas).
Except as restricted in paragraph (d) of this section, licensees of the
first authorized cellular systems that are also an applicant or licensee
on the same channel block in adjacent cellular markets may allow or
propose SAB extensions from their adjacent market system into their CGSA
and/or unserved areas in their cellular markets during the five year
build-out period of the market into which the SAB extends.
(d) Unserved area systems. Phase I initial cellular applications
must not propose SAB extensions. Phase I sole major modification
applications and Phase II applications may propose SAB extensions,
subject to the conditions in this section.
[59 FR 59507, Nov. 17, 1994, as amended at 68 FR 42295, July 17, 2003]
Sec. 22.913 Effective radiated power limits.
The effective radiated power (ERP) of transmitters in the Cellular
Radiotelephone Service must not exceed the limits in this section.
(a) Maximum ERP. In general, the effective radiated power (ERP) of
base transmitters and cellular repeaters must not exceed 500 Watts.
However, for those systems operating in areas more than 72 km (45 miles)
from international borders that:
(1) Are located in counties with population densities of 100 persons
or fewer per square mile, based upon the most recently available
population statistics from the Bureau of the Census; or,
(2) Extend coverage on a secondary basis into cellular unserved
areas, as those areas are defined in Sec. 22.949, the
[[Page 94]]
ERP of base transmitters and cellular repeaters of such systems must not
exceed 1000 Watts. The ERP of mobile transmitters and auxiliary test
transmitters must not exceed 7 Watts.
(b) Height-power limit. The ERP of base transmitters must not exceed
the amount that would result in an average distance to the service area
boundary of 79.1 kilometers (49 miles) for cellular systems authorized
to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all
other cellular systems. The average distance to the service area
boundary is calculated by taking the arithmetic mean of the distances
determined using the procedures specified in Sec. 22.911 for the eight
cardinal radial directions.
(c) Coordination exemption. Licensees need not comply with the
height-power limit in paragraph (b) of this section if the proposed
operation is coordinated with the licensees of all affected cellular
systems on the same channel block within 121 kilometers (75 miles) and
concurrence is obtained.
[59 FR 59507, Nov. 17, 1994, as amended at 69 FR 75171, Dec. 15, 2004]
Sec. 22.917 Emission limitations for cellular equipment.
The rules in this section govern the spectral characteristics of
emissions in the Cellular Radiotelephone Service.
(a) Out of band emissions. The power of any emission outside of the
authorized operating frequency ranges must be attenuated below the
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
(b) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 100 kHz or greater. In the 1 MHz bands immediately outside and
adjacent to the frequency block a resolution bandwidth of at least one
percent of the emission bandwidth of the fundamental emission of the
transmitter may be employed. A narrower resolution bandwidth is
permitted in all cases to improve measurement accuracy provided the
measured power is integrated over the full required measurement
bandwidth (i.e. 100 kHz or 1 percent of emission bandwidth, as
specified). The emission bandwidth is defined as the width of the signal
between two points, one below the carrier center frequency and one above
the carrier center frequency, outside of which all emissions are
attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in this
service may establish an alternative out of band emission limit to be
used at specified band edge(s) in specified geographical areas, in lieu
of that set forth in this section, pursuant to a private contractual
arrangement of all affected licensees and applicants. In this event,
each party to such contract shall maintain a copy of the contract in
their station files and disclose it to prospective assignees or
transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission
from a transmitter operating in this service results in interference to
users of another radio service, the FCC may require a greater
attenuation of that emission than specified in this section.
[67 FR 77191, Dec. 17, 2002]
Sec. 22.921 911 call processing procedures; 911-only calling mode.
Mobile telephones manufactured after February 13, 2000 that are
capable of operating in the analog mode described in the standard
document ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station
Compatibility Standard (approved October 14, 1999--available for
purchase from Global Engineering Documents, 15 Inverness East,
Englewood, CO 80112), must incorporate a special procedure for
processing 911 calls. Such procedure must recognize when a 911 call is
made and, at such time, must override any programming in the mobile unit
that determines the handling of a non-911 call and permit the call to be
transmitted through the analog systems of other carriers. This special
procedure must incorporate one or more of the 911 call system selection
processes endorsed or approved by the FCC.
[67 FR 77192, Dec. 17, 2002]
Sec. 22.923 Cellular system configuration.
Mobile stations communicate with and through base transmitters only.
[[Page 95]]
Base transmitters communicate with mobile stations directly or through
cellular repeaters. Auxiliary test stations may communicate with base or
mobile stations for the purpose of testing equipment.
Sec. 22.925 Prohibition on airborne operation of cellular telephones.
Cellular telephones installed in or carried aboard airplanes,
balloons or any other type of aircraft must not be operated while such
aircraft are airborne (not touching the ground). When any aircraft
leaves the ground, all cellular telephones on board that aircraft must
be turned off. The following notice must be posted on or near each
cellular telephone installed in any aircraft:
``The use of cellular telephones while this aircraft is airborne is
prohibited by FCC rules, and the violation of this rule could result in
suspension of service and/or a fine. The use of cellular telephones
while this aircraft is on the ground is subject to FAA regulations.''
Sec. 22.927 Responsibility for mobile stations.
Mobile stations that are subscribers in good standing to a cellular
system, when receiving service from that cellular system, are considered
to be operating under the authorization of that cellular system.
Cellular system licensees are responsible for exercising effective
operational control over mobile stations receiving service through their
cellular systems. Mobile stations that are subscribers in good standing
to a cellular system, while receiving service from a different cellular
system, are considered to be operating under the authorization of such
different system. The licensee of such different system is responsible,
during such temporary period, for exercising effective operational
control over such mobile stations as if they were subscribers to it.
Sec. 22.929 Application requirements for the Cellular Radiotelephone Service.
In addition to information required by subparts B and D of this
part, applications for authorization in the Cellular Radiotelephone
Service contain required information as described in the instructions to
the form. Site coordinates must be referenced to NAD83 and be correct to
1 second.
(a) Administrative information. The following information is
required either by FCC Form 601, or as an exhibit:
(1) Location description; city; county; state; geographical
coordinates correct to 1 second, the datum used
(NAD 83), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the
center of radiation of the antenna above the average terrain, the height
of the antenna center of radiation above the average elevation of the
terrain along each of the 8 cardinal radials, antenna gain in the
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar
plot of the horizontal gain pattern of the antenna, the electric field
polarization of the wave emitted by the antenna when installed as
proposed:
(3) The channel block requested, the maximum effective radiated
power, the effective radiated power in each of the cardinal radial
directions.
(b) If the application involves a service area boundary (SAB)
extension (Sec. 22.912 of this chapter), the licensee must provide a
statement as described in Sec. 22.953.
(c) Maps. If the application proposes a change in the CGSA, it must
include full size and reduced maps, and supporting engineering, as
described in Sec. 22.953 (a)(1) through (a)(3).
(d) Antenna Information. Upon request by an applicant, licensee, or
the Commission, a cellular applicant or licensee of whom the request is
made shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
[63 FR 68951, Dec. 14, 1998, as amended at 64 FR 53241, Oct. 1, 1999]
Sec. 22.935 Procedures for comparative renewal proceedings.
The procedures in this section apply to comparative renewal
proceedings in the Cellular Radiotelephone Service.
[[Page 96]]
(a) If one or more of the applications competing with an application
for renewal of a cellular authorization are filed, the renewal applicant
must file with the Commission its original renewal expectancy showing
electronically via the ULS. This filing must be submitted no later than
60 days after the date of the Public Notice listing as acceptable for
filing the renewal application and the competing applications.
(b) Interested parties may file petitions to deny any of the
mutually exclusive applications. Any such petitions to deny must be
filed no later than 30 days after the date that the renewal applicant
submitted its renewal expectancy showing. Applicants may file replies to
any petitions to deny applications that are filed. Any such replies must
be filed no later than 15 days after the date that the petition(s) to
deny was filed. No further pleadings will be accepted.
(c) In most instances, the renewal application and any competing
applications will be designated for a two-step procedure. An
Administrative Law Judge (Presiding Judge) will conduct a threshold
hearing (step one), in which both the licensee and the competing
applicants will be parties, to determine whether the renewal applicant
deserves a renewal expectancy. If the order designating the applications
for hearing specifies any basic qualifying issues against the licensee,
those issues will be tried in this threshold hearing. If the Presiding
Judge determines that the renewal applicant is basically qualified and
due a renewal expectancy, the competing applicants will be found
ineligible for further consideration and their applications will be
denied. If the Presiding Judge determines that the renewal applicant
does not merit a renewal expectancy but is otherwise qualified, then all
of the applications will be considered in a comparative hearing (step
two).
(d) Any competing applicant may request a waiver of the threshold
hearing (step one), if such applicant demonstrates that its proposal so
far exceeds the service already being provided that there would be no
purpose in making a threshold determination as to whether the renewal
applicant deserved a renewal expectancy vis-a-vis such a competing
applicant. Any such waiver request must be filed at the time the
requestor's application is filed. Petitions opposing such waiver
requests may be filed. Any such petitions must be filed no later than 30
days after the date that the renewal applicant submitted its renewal
expectancy showing. Replies to any petitions opposing such waiver
requests may be filed. Any such replies must be filed no later than 15
days after the date that the petition(s) were filed. No further
pleadings will be accepted. Any waiver request submitted pursuant to
this paragraph will be acted upon prior to designating the applications
for hearing. If a request to waive the threshold hearing (step one) is
granted, the renewal expectancy issue will be designated as part of the
comparative hearing (step two), and will remain the most important
comparative factor in deciding the case, as provided in Sec. 22.940(a).
(e) If the Presiding Judge issues a ruling in the threshold (step
one) that denies the licensee a renewal expectancy, all of the
applicants involved in the proceeding will be allowed to file direct
cases no later than 90 days after the release date of the Presiding
Judge's ruling. Rebuttal cases must be filed no later than 30 days after
the date that the direct cases were filed.
(f) The Presiding Judge shall use the expedited hearing procedures
delineated in this paragraph in both threshold (step one) and
comparative (step two) hearings conducted in comparative cellular
renewal proceedings.
(1) The Presiding Judge will schedule a first hearing session as
soon as practicable after the date for filing rebuttal evidence. This
first session will be an evidentiary admission session at which each
applicant will identify and offer its previously circulated direct and
rebuttal exhibits, and each party will have an opportunity to lodge
objections.
(2) After accepting the exhibits into evidence, the Presiding Judge
will entertain motions to cross-examine and rule whether any sponsoring
witness needs to be produced for cross-examination.
Determination of what, if any, cross-examination is necessary is
within the
[[Page 97]]
sound judicial discretion of the Presiding Judge, the prevailing
standard being whether the person requesting cross-examination has
persuasively demonstrated that written evidence is ineffectual to
develop proof. If cross-examination is necessary, the Presiding Judge
will specify a date for the appearance of all witnesses. In addition, if
the designation order points out an area where additional underlying
data is needed, the Presiding Judge will have the authority to permit
the limited use of discovery procedures. Finally, the Presiding Judge
may find that certain additional testimony or cross-examination is
needed to provide a complete record for the FCC. If so, the Presiding
Judge may schedule a further session.
(3) After the hearing record is closed, the Presiding Judge may
request Proposed Findings of Fact and Conclusions of Law to be filed no
later than 30 days after the final hearing session. Replies are not
permitted except in unusual cases and then only with respect to the
specific issues named by the Presiding Judge.
(4) The Presiding Judge will then issue an Initial Decision,
preferably within 60 days of receipt of the last pleadings. If mutually
exclusive applications are before the Presiding Judge, the Presiding
Judge will determine which applicant is best qualified. The Presiding
Judge may also rank the applicants in order of merit if there are more
than two.
(5) Parties will have 30 days in which to file exceptions to the
Initial Decision.
[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 4172, Jan. 29, 1997; 63
FR 68951, Dec. 14, 1998]
Sec. 22.936 Dismissal of applications in cellular renewal proceedings.
Any applicant that has filed an application in the Cellular
Radiotelephone Service that is mutually exclusive with an application
for renewal of a cellular authorization (competing application), and
seeks to resolve the mutual exclusivity by requesting dismissal of its
application, must obtain the approval of the FCC.
(a) If a competing applicant seeks to dismiss its application prior
to the Initial Decision stage of the hearing on its application, it must
submit to the Commission a request for approval of the dismissal of its
application. This request for approval of the dismissal of its
application must be submitted and must also include a copy of any
agreement related to the withdrawal or dismissal, and an affidavit
setting forth:
(1) A certification that neither the petitioner nor its principals
has received or will receive any money or other consideration in excess
of legitimate and prudent expenses in exchange for the withdrawal or
dismissal of the application, except that this provision does not apply
to dismissal or withdrawal of applications pursuant to bona fide merger
agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application.
(b) In addition, within 5 days of the filing date of the applicant
or petitioner's request for approval, each remaining party to any
written or oral agreement must submit an affidavit setting forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application.
(c) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual, a partner having personal knowledge
of the facts, if a partnership, or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Applications are deemed to be pending before the FCC from the
time the application is filed with the FCC until such time as an order
of the FCC
[[Page 98]]
granting, denying or dismissing the application is no longer subject to
reconsideration by the FCC or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing, prosecuting
and/or settling its application for which reimbursement is sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions that
confer any type of benefit on the recipient.
[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]
Sec. 22.939 Site availability requirements for applications competing
with cellular renewal applications.
In addition to the other requirements set forth in this part for
initial cellular applications, any application competing against a
cellular renewal application must contain, when initially filed,
appropriate documentation demonstrating that its proposed antenna
site(s) will be available. Competing applications that do not include
such documentation will be dismissed. If the competing applicant does
not own a particular site, it must, at a minimum demonstrate that the
site is available to it by providing a letter from the owner of the
proposed antenna site expressing the owner's intent to sell or lease the
proposed site to the applicant. If any proposed antenna site is under
U.S. Government control, the applicant must submit written confirmation
of the site's availability from the appropriate Government agency.
Applicants which file competing applications against incumbent cellular
licensees may not rely on the assumption that an incumbent licensee's
antenna sites are available for their use.
Sec. 22.940 Criteria for comparative cellular renewal proceedings.
This section sets forth criteria to be used in comparative cellular
renewal proceedings. The ultimate issue in comparative renewal
proceedings will be to determine, in light of the evidence adduced in
the proceeding, what disposition of the applications would best serve
the public interest, convenience and necessity.
(a) Renewal expectancies. The most important comparative factor to
be considered in a comparative cellular renewal proceeding is a major
preference, commonly referred to as a ``renewal expectancy.''
(1) The cellular renewal applicant involved in a comparative renewal
proceeding will receive a renewal expectancy, if its past record for the
relevant license period demonstrates that:
(i) The renewal applicant has provided ``substantial'' service
during its past license term. ``Substantial'' service is defined as
service which is sound, favorable, and substantially above a level of
mediocre service which just might minimally warrant renewal; and
(ii) The renewal applicant has substantially compiled with
applicable FCC rules, policies and the Communications Act of 1934, as
amended.
(2) In order to establish its right to a renewal expectancy, a
cellular renewal applicant involved in a comparative renewal proceeding
must submit a showing explaining why it should receive a renewal
expectancy. At a minimum, this showing must include.
(i) A description of its current service in terms of geographic
coverage and population served, as well as the system's ability to
accommodate the needs of roamers;
(ii) An explanation of its record of expansion, including a
timetable of the construction of new cell sites to meet changes in
demand for cellular service;
(iii) A description of its investments in its cellular system; and
(iv) Copies of all FCC orders finding the licensee to have violated
the Communications Act or any FCC rule or policy; and a list of any
pending proceedings that relate to any matter described in this
paragraph.
(3) In making its showing of entitlement to a renewal expectancy, a
renewal applicant may claim credit for any system modification
applications that were pending on the date it filed its renewal
application. Such credit will not be allowed if the modification
application is dismissed or denied.
(b) Additional comparative issues. The following additional
comparative
[[Page 99]]
issues will be included in comparative cellular renewal proceedings, if
a full comparative hearing is conducted pursuant to Sec. 22.935(c).
(1) To determine on a comparative basis the geographic areas and
population that each applicant proposes to serve; to determine and
compare the relative demand for the services proposed in said areas; and
to determine and compare the ability of each applicant's cellular system
to accommodate the anticipated demand for both local and roamer service;
(2) To determine on a comparative basis each applicant's proposal
for expanding its system capacity in a coordinated manner in order to
meet anticipated increasing demand for both local and roamer service;
(3) To determine on a comparative basis the nature and extent of the
service proposed by each applicant, including each applicant's proposed
rates, charges, maintenance, personnel, practices, classifications,
regulations and facilities (including switching capabilities); and
(4) To determine on a comparative basis each applicant's past
performance in the cellular industry or another business of comparable
type and size.
(c) Additional showings for competing applications. With respect to
evidence introduced pursuant to paragraph (b)(3) of this section, any
applicant filing a competing application against a cellular renewal
application (competing applicant) who claims a preference for offering
any service not currently offered by the incumbent licensee must
demonstrate that there is demand for that new service and also present a
business plan showing that the competing applicant can operate the
system economically. Any competing applicant who proposes to replace
analog technology with digital technology will receive no credit for its
proposal unless it submits a business plan showing how it will operate
its system economically and how it will provide more comprehensive
service than does the incumbent licensee with existing and implemented
cellular technology.
Sec. 22.943 Limitations on transfer of control and assignment for
authorizations issued as a result of a comparative renewal proceeding.
Except as otherwise provided in this section, the FCC does not
accept applications for consent to transfer of control or for assignment
of the authorization of a cellular system that has been acquired by the
current licensee for the first time as a result of a comparative renewal
proceeding until the system has provided service to subscribers for at
least three years.
(a) The FCC may accept and grant applications for consent to
transfer of control or for assignment of the authorization of a cellular
system that is to be transferred as a part of a bona fide sale of an on-
going business to which the cellular operation is incidental.
(b) The FCC may accept and grant applications for consent to
transfer of control or for assignment of the authorization of a cellular
system that is to be transferred as a result of the death of the
licensee.
(c) The FCC may accept and grant applications for consent to
transfer of control or for assignment of authorization if the transfer
or assignment is pro forma and does not involve a change in ownership.
[67 FR 77192, Dec. 17, 2002]
Sec. 22.946 Service commencement and construction systems.
(a) Commencement of service. New cellular systems must be at least
partially constructed and begin providing cellular service to
subscribers within the service commencement periods specified in Table
H-1 of this section. Service commencement periods begin on the date of
grant of the initial authorization, and are not extended by the grant of
subsequent authorizations for the cellular system (such as for major
modifications). The licensee must notify the FCC (FCC Form 601) after
the requirements of this section are met (see Sec. 1.946 of this
chapter).
[[Page 100]]
Table H-1--Commencement of Service
------------------------------------------------------------------------
Type of cellular system Required to commence service in
------------------------------------------------------------------------
The first system authorized on each 36 months.
channel block in markets 1-90.
The first system authorized on each 18 months.
channel block in all other markets and
any subsequent systems authorized
pursuant to contracts in partitioned
markets.
The first system authorized on each No requirement.
channel block in the Gulf of Mexico
Exclusive Zone.
All other systems...................... 12 months.
------------------------------------------------------------------------
(b) To satisfy this requirement, a cellular system must be
interconnected with the public switched telephone network (PSTN) and
must be providing service to mobile stations operated by its subscribers
and roamers. A cellular system is considered to be providing service
only if mobile stations can originate telephone calls to and receive
telephone calls from wireline telephones through the PSTN.
(c) Construction period for specific facilities. The construction
period applicable to specific new or modified cellular facilities for
which a separate authorization is granted is one year, beginning on the
date the authorization is granted.
[67 FR 9609, Mar. 4, 2002, as amended at 67 FR 77192, Dec. 17, 2002]
Sec. 22.947 Five year build-out period.
Except for systems authorized in the Gulf of Mexico Exclusive Zone,
the licensee of the first cellular system authorized on each channel
block in each cellular market is afforded a five year period, beginning
on the date the initial authorization for the system is granted, during
which it may expand the system within that market.
(a) Exclusive right to expand within market. Except as provided in
paragraph (b) of this section, the FCC does not accept applications for
authority to operate a new cellular system in any unserved area in a
market on a channel block during the five year build-out period.
(b) Partitioned markets. During the five-year build-out period, the
licensee of the first cellular system on each channel block in each
market may enter into contracts with eligible parties, allowing such
parties to apply by using FCC Form 601 for a new cellular system in that
channel block within the market. The FCC may grant such applications if
they are in compliance with the rules in this part. Markets with two or
more authorized cellular systems on the same channel block during the
five year build-out period are referred to (with respect to the affected
channel block) as ``partitioned markets''.
(1) Partitioning contracts must define the CGSA of the subsequent
cellular system in accordance with Sec. 22.911, including any expansion
rights ceded. If not exercised, any such expansion rights terminate at
the end of the five year build-out period.
(2) The five year build-out period begins on the date the initial
authorization for the first cellular system is granted, and is not
extended or affected in any way by the initial authorization of any
subsequent cellular systems pursuant to paragraph (b) of this section.
(c) System information update. Sixty days before the end of the five
year build-out period, the licensee of each cellular system authorized
on each channel block in each cellular market must file, in triplicate,
a system information update (SIU), comprising a full size map, a reduced
map, and an exhibit showing technical data relevant to determination of
the system's CGSA. Separate maps must be submitted for each market into
which the CGSA extends, showing the extension area in the adjacent
market. Maps showing extension areas must be labeled (i.e. marked with
the market number and channel block) for the market into which the CGSA
extends. SIUs must accurately depict the relevant cell locations and
coverage of the system at the end of the five year build-out period.
SIUs must be filed at the Federal Communications Commission, Wireless
Telecommunications Bureau, Mobility Division, 445 12th Street, SW.,
Washington, DC 20554. If any changes to the system occur after the
filing of the SIU, but before the end of the five year build-out period,
the licensee must file, in triplicate, additional maps and/or data as
necessary to insure that the cell locations and coverage of the system
as of the end of the
[[Page 101]]
five year build-out period are accurately depicted.
(1) The scale of the full-size map must be 1:500,000, regardless of
whether any different scale is used for the reduced map. The map must
have a legend, a distance scale and correctly labeled latitude and
longitude lines. The map must be clear and legible. The map must
accurately show the cell sites (transmitting antenna locations) which
determine the CGSA, the entire CGSA, any extension of the composite
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant
portions of the cellular market boundary. The date on which the map
depictions are accurate must appear on the map.
(2) The reduced map must be a proportional reduction, to 8\1/2\x11
inches, of the full-size map required in paragraph (c)(1) of this
section, unless it proves to be impractical to depict the entire market
by reducing the full-size map. In such instance, an 8\1/2\x11 inch map
of a different scale may be substituted, provided that the required
features of the full-size map are clearly depicted and labeled.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68951, Dec. 14, 1998; 67 FR 13225, Mar. 21, 2002; 67 FR 9609, Mar.
4, 2002; 70 FR 61058, Oct. 20, 2005]
Sec. 22.948 Partitioning and Disaggregation.
(a) Eligibility--(1) Generally. Parties seeking approval for
partitioning and disaggregation shall request an authorization for
partial assignment of a license pursuant to Sec. 1.948 of this chapter.
Cellular licensees may partition or disaggregate their spectrum to other
qualified entities.
(2) Partitioning. During the five year build-out period, as defined
in Sec. 22.947, cellular licensees may partition any portion of their
cellular market to other qualified entities. After the five year build-
out period, cellular licensees and unserved area licensees may partition
any portion of their Cellular Geographic Service Area (CGSA), as defined
by Sec. 22.911, to other qualified entities but may not partition
unserved portions of their cellular market.
(3) Disaggregation. After the five year build-out period, as defined
in Sec. 22.947, parties obtaining disaggregated spectrum may only use
such spectrum in that portion of the cellular market encompassed by the
original licensee's CGSA and may not use such spectrum to provide
service to unserved portions of the cellular market.
(b) Disaggregation. Cellular licensees and unserved area licensees
may disaggregate spectrum in any amount.
(c) Combined partitioning and disaggregation. The Commission will
consider requests for partial assignment of cellular licenses that
propose combinations of partitioning and disaggregation.
(d) License Term. The license term for the partitioned license area
and for disaggregated spectrum shall be the remainder of the original
cellular licensee's or the unserved area licensee's license term.
[65 FR 37057, June 13, 2000, as amended at 70 FR 61059, Oct. 20, 2005]
Sec. 22.949 Unserved area licensing process.
This section sets forth the process for licensing unserved areas in
cellular markets on channel blocks for which the five year build-out
period has expired. This process has two phases: Phase I and Phase II.
This section also sets forth the Phase II process applicable to
applications to serve the Gulf of Mexico Coastal Zone.
(a) Phase I. Phase I is a one-time process that provides an
opportunity for eligible parties to file competing applications for
authority to operate a new cellular system in or to expand an existing
cellular system into unserved areas (Phase I initial applications) as
soon as these areas become available. In addition, each licensee whose
Phase I initial application is granted is afforded one opportunity
during the Phase I process to file an application proposing major
modifications to the cellular system authorized by that grant (a Phase I
major modification application), without being subject to competing
applications.
(1) Phase I initial applications must be filed on the 31st day after
the expiration of the five year build-out period of the authorized
system(s) on the channel block requested in the market containing the
unserved area.
[[Page 102]]
(i) Each Phase I application must request authorization for one and
only one cellular geographic service area (CGSA) in one and only one
cellular market.
(ii) Applicants must not file more than one Phase I initial
application for any cellular market.
(iii) Phase I initial applications must not propose any de minimis
or contract service area boundary (SAB) extensions.
(2) Only one Phase I initial application is granted on each channel
block in each market. Consequently, whenever two or more acceptable
Phase I initial applications are timely filed in the same market on the
same channel block, such Phase I initial applications are mutually
exclusive, regardless of any other considerations such as the technical
proposals. In order to determine which of such mutually exclusive Phase
I initial applications to grant, the Commission administers competitive
bidding procedures in accordance with subpart Q of part 1 of this
chapter. After such procedures, the application of the winning bidder
may be granted and the applications excluded by that grant may be
dismissed without prejudice.
Note: Notwithstanding the provisions of Sec. 22.949(a)(2), mutually
exclusive Phase I initial applications that were filed between March 10,
1993 and July 25, 1993, inclusive, are to be included in a random
selection process, following which the selected application may be
granted and the applications excluded by that grant may be dismissed
without prejudice.
(3) Phase I major modification applications (applications filed
during Phase I that propose major modifications to cellular systems
authorized by the grant of Phase I initial applications) must be filed
no later than 90 days after the grant of the Phase I initial
application. Each Phase I licensee may file only one Phase I major
modification application. The FCC will not accept any competing
applications in response to a Phase I major modification application.
Phase I licensees may not sell to a third party any rights to apply for
unserved area.
(i) Phase I major modification applications may propose de minimis
or contract SAB extensions; provided that a contract SAB extension into
an adjacent market may be proposed only if, at the time the Phase I
major modification application is filed, the licensee in the adjacent
market (on the requested channel block) has the right to enter into such
a contract (see Sec. 22.912(c)).
(ii) Phase I major modification application may propose a CGSA that
is not contiguous with the authorized or proposed CGSA, provided that
the non-contiguous CGSA meets the minimum coverage requirement of Sec.
22.951.
(4) Phase I licensees may also file applications for or
notifications of minor modifications to its system. However, such minor
modifications may not reduce the size of the CGSA below the minimum
coverage requirement of Sec. 22.951.
(b) Phase II. Phase II is an on-going filing process that allows
eligible parties to apply for any unserved areas that may remain in a
market after the Phase I process is complete.
(1) If a Phase I initial application is granted for a market and
channel block, Phase II applications (applications for authority to
operate a cellular system in any remaining unserved area) for that
market and channel block may be filed on or after the 121st day after
the Phase I application was granted. If no Phase I initial applications
are granted for a market and channel block, Phase II applications for
that market and channel block may be filed on or after the 31st day
after the FCC dismissed the last pending Phase I application. If no
Phase I initial applications are received for a market and channel
block, Phase II applications for that market and channel block may be
filed on or after the 32nd day after the expiration of the relevant
five-year build-out period.
(2) There is no limit to the number of Phase II applications that
may be granted on each channel block in each market. Consequently, Phase
II applications are mutually exclusive only if the proposed CGSAs would
overlap. Mutually exclusive applications are processed using the general
procedures in Sec. 22.131.
[[Page 103]]
(3) Phase II applications may propose a CGSA covering more than one
cellular market. Each Phase II application must request authorization
for one and only one CGSA. Phase II applications may propose de minimis
and contract SAB extensions.
(c) Settlements among some, but not all, applicants with mutually
exclusive applications for unserved areas (partial settlements) are
prohibited. Settlements among all applicants with mutually exclusive
applications (full settlements) are allowed and must be filed no later
than the date that the FCC Form 175 (short-form) is filed.
(d) Limitations on amendments. Notwithstanding the provisions of
Sec. 1.927 of this chapter, Phase I applications are subject to the
following additional limitations in regard to the filing of amendments.
(1) The Commission will not accept amendments (of any type) to
mutually exclusive Phase I applications prior to the conclusion of the
competitive bidding process.
(2) The FCC will not accept major amendments to Phase I
applications.
(3) Minor amendments required by Sec. 1.65 of this chapter must be
filed no later than thirty (30) days after public notice announcing the
results of the competitive bidding process.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59956, Nov. 21, 1994;
61 FR 58339, Nov. 14, 1996; 67 FR 9610, Mar. 4, 2002; 70 FR 61059, Oct.
20, 2005]
Sec. 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA)
The GMSA has been divided into two areas for licensing purposes, the
Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone
(GMCZ). This section describes these areas and sets forth the process
for licensing facilities in these two respective areas within the GMSA.
(a) The GMEZ and GMCZ are defined as follows:
(1) Gulf of Mexico Exclusive Zone. The geographical area within the
Gulf of Mexico Service Area that lies between the coastline line and the
southern demarcation line of the Gulf of Mexico Service Area, excluding
the area comprising the Gulf of Mexico Coastal Zone.
(2) Gulf of Mexico Coastal Zone. The geographical area within the
Gulf of Mexico Service Area that lies between the coast line of Florida
and a line extending approximately twelve nautical miles due south from
the coastline boundary of the States of Florida and Alabama, and
continuing along the west coast of Florida at a distance of twelve
nautical miles from the shoreline. The line is defined by Great Circle
arcs connecting the following points (geographical coordinates listed as
North Latitude, West Longitude) consecutively in the order listed:
(i) 30[deg]16[min]49[sec] N 87[deg]31[min]06[sec] W
(ii) 30[deg]04[min]35[sec] N 87[deg]31[min]06[sec] W
(iii) 30[deg]10[min]56[sec] N 86[deg]26[min]53[sec] W
(iv) 30[deg]03[min]00[sec] N 86[deg]00[min]29[sec] W
(v) 29[deg]33[min]00[sec] N 85[deg]32[min]49[sec] W
(vi) 29[deg]23[min]21[sec] N 85[deg]02[min]06[sec] W
(vii) 29[deg]49[min]44[sec] N 83[deg]59[min]02[sec] W
(viii) 28[deg]54[min]00[sec] N 83[deg]05[min]33[sec] W
(ix) 28[deg]34[min]41[sec] N 82[deg]53[min]38[sec] W
(x) 27[deg]50[min]39[sec] N 83[deg]04[min]27[sec] W
(xi) 26[deg]24[min]22[sec] N 82[deg]23[min]22[sec] W
(xii) 25[deg]41[min]39[sec] N 81[deg]49[min]40[sec] W
(xiii) 24[deg]59[min]02[sec] N 81[deg]15[min]04[sec] W
(xiv) 24[deg]44[min]23[sec] N 81[deg]57[min]04[sec] W
(xv) 24[deg]32[min]37[sec] N 82[deg]02[min]01[sec] W
(b) Service Area Boundary Calculation. The service area boundary of
a cell site located within the Gulf of Mexico Service Area is calculated
pursuant to Sec. 22.911(a)(2). Otherwise, the service area boundary is
calculated pursuant to Sec. Sec. 22.911(a)(1) or 22.911(b).
(c) Operation within the Gulf of Mexico Exclusive Zone (GMEZ). GMEZ
licensees have exclusive right to provide service in the GMEZ, and may
add, modify, or remove facilities anywhere within the GMEZ without prior
Commission approval. There is no five-year buildout period for GMEZ
licensees, no requirement to file system information update maps
pursuant to Sec. 22.947, and no unserved area licensing procedure for
the GMEZ.
(d) Operation within the Gulf of Mexico Coastal Zone (GMCZ). The
GMCZ is subject to the Phase II unserved area licensing procedures set
forth in Sec. 22.949(b).
[67 FR 9610, Mar. 4, 2002]
[[Page 104]]
Sec. 22.951 Minimum coverage requirement.
Applications for authority to operate a new cellular system in an
unserved area, other than those filed by the licensee of an existing
system that abuts the unserved area, must propose a contiguous cellular
geographical service area (CGSA) of at least 130 square kilometers (50
square miles). Area within contract SAB extensions counts toward the
minimum coverage requirement. However, area within de minimis SAB
extensions does not count toward the minimum coverage requirement.
Applications for authority to operate a new cellular system in an
unserved area, other than those filed by the licensee of an existing
system that abuts the unserved area, must not propose coverage of water
areas only (or water areas and uninhabited islands or reefs only),
except for unserved areas in the Gulf of Mexico MSA.
Sec. 22.953 Content and form of applications.
Applications for authority to operate a cellular system in an
unserved area must comply with the specifications in this section.
(a) Applications for authority to operate a cellular system in an
unserved area must include the following information in addition to the
requirements specified in Sec. Sec. 1.919, 1.923 and 1.924. The
following exhibits must be set off by tabs and numbered as follows:
(1) Exhibit I--full-size map. The scale of the full-size map must be
1:500,000, regardless of whether any different scale is used for the
reduced map required in Exhibit II. The map must have a legend, a
distance scale and correctly labeled latitude and longitude lines. The
map must be clear and legible. The map must accurately show the cell
sites (transmitting antenna locations), the entire CGSA, any extension
of the composite service area boundary beyond the CGSA (see Sec.
22.911) and the relevant portions of the cellular market boundary.
(2) Exhibit II--reduced map. This map must be a proportional
reduction, to 8\1/2\ x 11 inches, of the full-size map required for
Exhibit I, unless it proves to be impractical to depict the entire
cellular market by reducing the full-size map. In such instance, an 8\1/
2\x11 inch map of a different scale may be substituted, provided that
the required features of the full-size map are clearly depicted and
labeled.
(3) Exhibit III--engineering. This exhibit must contain the data and
methodology used to calculate the CGSA and service area boundary.
(4) Exhibit IV--channel plan. This exhibit must show which specific
channels (or groups) are to be used at each cell site. Any necessary
table for converting channel numbers to center frequencies must be
provided.
(5) [Reserved]
(6) Exhibit VI--service proposal. This exhibit must describe the
services proposed for subscribers and roamers, including the proposed
method for handling complaints.
(7) Exhibit VII--cellular design. This exhibit must show that the
proposed system design complies with cellular system design concepts,
and must describe the method proposed to expand the system in a
coordinated fashion as necessary to address changing demand for cellular
service.
(8) Exhibit VIII--blocking level. This exhibit must disclose the
blocking probability or other criteria to be used to determine whether
it is necessary to take measures to increase system capacity to maintain
service quality.
(9) Exhibit IX--start-up expenses. This exhibit must disclose in
detail the projected cost of construction and other initial expenses of
the proposed system, and how the applicant intends to meet these
expenses and the costs of operation for the first year.
(10) Exhibit X--interconnection arrangements. This exhibit is
required for applicants that provide public landline message telephone
service in any portion of the proposed CGSA. This exhibit must describe
exactly how the proposed system would interconnect with the landline
network. The description must be of sufficient detail to enable a
competitor to connect with the landline system in exactly the same
manner, if the competitor so chooses.
(b) Existing systems--major modifications. Licensees making major
modifications pursuant to Sec. 1.929(a) and (b) of this chapter, must
file FCC Form 601
[[Page 105]]
and need only contain the exhibits required by paragraphs (a)(1) through
(a)(3) of this section.
(c) Existing systems--minor modifications. Licensees making minor
modifications pursuant to Sec. 1.929(k) of this chapter--in which the
modification causes a change in the CGSA boundary (including the removal
of a transmitter or transmitters)--must notify the FCC (using FCC Form
601) and include full-sized maps, reduced maps, and supporting
engineering exhibits as described in paragraphs (a)(1) through (3) of
this section. If the modification involves a contract SAB extension, it
must include a statement as to whether the five-year build-out for the
system on the relevant channel block in the market into which the SAB
extends has elapsed, and as to whether the SAB extends into any unserved
area in that market.
[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994;
63 FR 68951, Dec. 14, 1998; 64 FR 53241, Oct. 1, 1999; 70 FR 61059, Oct.
20, 2005]
Sec. 22.955 Canadian condition.
Pursuant to an agreement between the FCC and the Department of
Communications in Canada, authorizations for cellular systems within 72
kilometers (45 miles) of the U.S.-Canadian border must have the
following condition attached:
This authorization is subject to the condition that, in the event
that cellular systems using the same channel block as granted herein are
authorized in adjacent territory in Canada, coordination of any of your
transmitter installations which are within 72 kilometers (45 miles) of
the U.S.-Canadian border shall be required to eliminate any harmful
interference that might otherwise exist and to insure continuance of
equal access to the channel block by both countries.
Sec. 22.957 Mexican condition.
Pursuant to an agreement between the United States and Mexico, FCC
authorizations for cellular systems within 72 kilometers (45 miles) of
the United States-Mexican border must have the following condition
attached:
This authorization is subject to the condition that, in the event
cellular systems using the same frequencies granted herein are
authorized in adjacent territory in Mexico, coordination of your
transmitter installations which are within 72 kilometers (45 miles) of
the United States-Mexico border shall be required to eliminate any
harmful interference that might otherwise exist and to ensure
continuance of equal access to the frequencies by both countries. The
operator of this system shall not contract with customers in Mexico, and
further, users of the system must be advised that operation of a mobile
unit in Mexico is not permitted at this time without the express
permission of the Mexican government. The above conditions are subject
to modification pending further notice from the FCC.
Sec. 22.959 Rules governing processing of applications for initial systems.
Pending applications for authority to operate the first cellular
system on a channel block in an MSA or RSA market continue to be
processed under the rules governing the processing of such applications
that were in effect when those applications were filed, unless the
Commission determines otherwise in a particular case.
Sec. 22.960 Cellular unserved area radiotelephone licenses subject to competitive bidding.
Mutually exclusive initial applications for cellular unserved area
Phase I and Phase II licenses filed after July 26, 1993 are subject to
competitive bidding. The general competitive bidding procedures set
forth in part 1, subpart Q of this chapter will apply unless otherwise
provided in this subpart.
[67 FR 45367, July 9, 2002]
Sec. Sec. 22.961-22.967 [Reserved]
Sec. 22.969 Cellular RSA licenses subject to competitive bidding.
Mutually exclusive applications for initial authorization for the
following Cellular Rural Service Areas filed after the effective date of
this rule are subject to competitive bidding procedures as prescribed by
Sections 22.228 and 22.229: 332A--Polk, AR; 582A--Barnes, ND; 672A--
Chambers, TX; and 727A--Ceiba, PR.
[67 FR 11434, Mar. 14, 2002]
[[Page 106]]
Sec. 22.970 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90-800 MHz cellular systems.
(a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable
interference to non-cellular part 90 licensees in the 800 MHz band from
cellular radiotelephone or part 90-800 MHz cellular systems will be
deemed to occur when the below conditions are met:
(1) A transceiver at a site at which interference is encountered:
(i) Is in good repair and operating condition, and is receiving:
(A) A median desired signal of -104 dBm or higher, as measured at
the R.F. input of the receiver of a mobile unit; or
(B) A median desired signal of -101 dBm or higher, as measured at
the R.F. input of the receiver of a portable i.e. hand-held unit; and,
either
(ii) Is a voice transceiver:
(A) With manufacturer published performance specifications for the
receiver section of the transceiver equal to, or exceeding, the minimum
standards set out in paragraph (b) of this section, below; and;
(B) Receiving an undesired signal or signals which cause the
measured Carrier to Noise plus interference (C/(I+N)) ratio of the
receiver section of said transceiver to be less than 20 dB, or,
(iii) Is a non-voice transceiver receiving an undesired signal or
signals which cause the measured bit error rate (BER) (or some
comparable specification) of the receiver section of said transceiver to
be more than the value reasonably designated by the manufacturer.
(2) Provided, however, that if the receiver section of the mobile or
portable voice transceiver does not conform to the standards set out in
paragraph (b) of this section, then that transceiver shall be deemed
subject to unacceptable interference only at sites where the median
desired signal satisfies the applicable threshold measured signal power
in paragraph (a)(1)(i) of this section after an upward adjustment to
account for the difference in receiver section performance. The upward
adjustment shall be equal to the increase in the desired signal required
to restore the receiver section of the subject transceiver to the 20 dB
C/(I+N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted
threshold levels shall then define the minimum measured signal power(s)
in lieu of paragraphs (a)(1)(i) of this section at which the licensee
using such non-compliant transceiver is entitled to interference
protection.
(b) Minimum receiver requirements. Voice transceivers capable of
operating in the 806-824 MHz portion of the 800 MHz band shall have the
following minimum performance specifications in order for the system in
which such transceivers are used to claim entitlement to full protection
against unacceptable interference (See paragraph (a) (2) of this
section).
(1) Voice units intended for mobile use: 75 dB intermodulation
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm
reference sensitivity.
(2) Voice units intended for portable use: 70 dB intermodulation
rejection ratio; 70 dB adjacent channel rejection ratio; -116 dBm
reference sensitivity.
[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]
Sec. 22.971 Obligation to abate unacceptable interference.
(a) Strict Responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular part 90 of this chapter
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be
strictly accountable to abate the interference, with full cooperation
and utmost diligence, in the shortest time practicable. Interfering
licensees shall consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
strict responsibility obligation applies to all forms of interference,
including out-of-band emissions and intermodulation.
(b) Joint and several responsibility. If two or more licensees
knowingly or unknowingly, directly or indirectly, cause or contribute to
causing unacceptable interference to a non-cellular part 90 of this
chapter licensee in the 800 MHz band, as defined in Sec. 22.970,
[[Page 107]]
such licensees shall be jointly and severally responsible for abating
interference, with full cooperation and utmost diligence, in the
shortest practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
joint and several responsibility rule applies to all forms of
interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly, cause or contribute to causing unacceptable interference to
a non-cellular part 90 of this chapter licensee in the 800 MHz band, as
defined in this chapter, shall not be held responsible for resolving
unacceptable interference. Notwithstanding, any licensee that receives
an interference complaint from a public safety/CII licensee shall
respond to such complaint consistent with the interference resolution
procedures set forth in this chapter.
[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005]
Sec. 22.972 Interference resolution procedures.
(a) Initial notification. (1) Cellular Radiotelephone licensees may
receive initial notification of interference from non-cellular part 90
of this chapter licensees in the 800 MHz band pursuant to Sec.
90.674(a) of this chapter.
(2) Cellular Radiotelephone licensees, in conjunction with part 90
ESMR licensees, shall establish an electronic means of receiving the
initial notification described in Sec. 90.674(a) of this chapter. The
electronic system must be designed so that all appropriate Cellular
Radiotelephone licensees and part 90 ESMR licensees can be contacted
about the interference incident with a single notification. The
electronic system for receipt of initial notification of interference
complaints must be operating no later than February 22, 2005.
(3) Cellular Radiotelephone licensees must respond to the initial
notification described in Sec. 90.674(a) of this chapter, as soon as
possible and no later than 24 hours after receipt of notification from a
part 90 public safety/CII licensee. This response time may be extended
to 48 hours after receipt from other part 90 non-cellular licensees
provided affected communications on these systems are not safety
related.
(b) Interference analysis. Cellular Radiotelephone licensees--who
receive an initial notification described in Sec. 90.674(a) of this
chapter--shall perform a timely analysis of the interference to identify
the possible source. Immediate on-site visits may be conducted when
necessary to complete timely analysis. Interference analysis must be
completed and corrective action initiated within 48 hours of the initial
complaint from a part 90 of this chapter public safety/CII licensee.
This response time may be extended to 96 hours after the initial
complaint from other part 90 of this chapter non-cellular licensees
provided affected communications on these systems are not safety
related. Corrective action may be delayed if the affected licensee
agrees in writing (which may be, but is not required to be, recorded via
e-mail or other electronic means) to a longer period.
(c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of
this chapter--800 MHz cellular system licensees who are responsible for
causing unacceptable interference shall take all affirmative measures to
resolve such interference. Cellular Radiotelephone licensees found to
contribute to unacceptable interference, as defined in Sec. 22.970,
shall resolve such interference in the shortest time practicable.
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz
cellular system licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may be
necessary to determine the most appropriate means of timely eliminating
the interference. However, the means whereby interference is abated or
the cell parameters that may need to be adjusted is left to the
discretion of the Cellular Radiotelephone and/or part 90 of this
chapter--800 MHz cellular system licensees, whose affirmative measures
may include, but not be limited to, the following techniques:
[[Page 108]]
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the part 90 ESMR and/or Cellular
Radiotelephone system signal;
(iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone
system antenna height;
(iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone
system antenna characteristics;
(v) Incorporating filters into part 90 ESMR and/or Cellular
Radiotelephone transmission equipment;
(vi) Permanently changing part 90 ESMR and/or Cellular
Radiotelephone frequencies; and
(vii) Supplying interference-resistant receivers to the affected
public safety/CII licensee(s). If this technique is used, in all
circumstances, Cellular Radiotelephone and/or part 90 of this chapter
ESMR licensees shall be responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove
inadequate, the affected part 90 of this chapter non-cellular licensee
shall, consistent with but not compromising safety, make all necessary
concessions to accepting interference until a longer-term remedy can be
implemented.
(3) Discontinuing operations when clear imminent danger exists. When
a part 90 of this chapter public safety licensee determines that a
continuing presence of interference constitutes a clear and imminent
danger to life or property, the licensee causing the interference must
discontinue the associated operation immediately, until a remedy can be
identified and applied. The determination that a continuing presence
exists that constitutes a clear and imminent danger to life or property,
must be made by written statement that:
(i) Is in the form of a declaration, notarized affidavit, or
statement under penalty or perjury, from an officer or executive of the
affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and
imminent danger;
(iii) Was formulated on the basis of either personal knowledge or
belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and
(v) Has been approved by the Chief of the Public Safety and Homeland
Security Bureau or other designated Commission official. Prior to the
authorized official making a determination that a clear and imminent
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a
copy transmitted by the fastest available means to the Washington, DC
office of the Commission's Public Safety and Homeland Security Bureau.
[69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005;
71 FR 69038, Nov. 29, 2006]
Sec. 22.973 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a
part 90 ESMR or cellular radiotelephone licensee that they wish to
receive prior notification of the activation or modification of part 90
ESMR or cellular radiotelephone cell sites in their area. Thereafter,
the part 90 ESMR or cellular radiotelephone licensee must provide the
following information to the public safety/CII licensee at least 10
business days before a new cell site is activated or an existing cell
site is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna height;
(4) Channels available for use.
(b) Purpose of prior notification. The prior coordination of cell
sites is for informational purposes only. Public safety/CII licensees
are not afforded the right to accept or reject the activation of a
proposed cell or to unilaterally require changes in its operating
parameters. The principal purposes of notification are to:
(1) Allow a public safety licensee to advise the part 90 of this
chapter ESMR or Cellular Radiotelephone licensee whether it believes a
proposed cell will generate unacceptable interference;
(2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR
licensees to make voluntary changes in cell parameters when a public
safety licensee alerts them to possible interference; and
[[Page 109]]
(3) Rapidly identify the source if interference is encountered when
the cell is activated.
[69 FR 67834, Nov. 22, 2004]
Subpart I_Offshore Radiotelephone Service
Sec. 22.1001 Scope.
The rules in this subpart govern the licensing and operation of
offshore radiotelephone stations. The licensing and operation of these
stations and systems is also subject to rules elsewhere in this part
that apply generally to the public mobile services. However, in case of
conflict, the rules in this subpart govern.
Sec. 22.1003 Eligibility.
Any eligible entity (see Sec. 22.7) may apply for central station
license(s) and/or offshore subscriber licenses under this subpart.
[70 FR 19312, Apr. 13, 2005]
Sec. 22.1005 Priority of service.
Facilities in the Offshore Radiotelephone Service are intended
primarily for rendition of public message service between offshore
subscriber and central stations. However, they may also be used to
render private leased line communication service, provided that such
usage does not reduce or impair the extent or quality of communication
service which would be available, in the absence of private leased line
service, to the general public receiving or subsequently requesting
public message service from an offshore central station.
Sec. 22.1007 Channels for offshore radiotelephone systems.
The channels listed in this section are allocated for paired
assignment to transmitters located in the specified geographical zones
that provide offshore radiotelephone service. All channels have a
bandwidth of 20 kHz and are designated by their center frequencies in
MegaHertz.
(a) Zone A--Southern Louisiana. The geographical area in Zone A is
bounded as follows:
From longitude W.87[deg]45[min] on the East to longitude
W.94[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit
along the Gulf of Mexico shoreline on the North to the limit of the
Outer Continental Shelf on the South.
(1) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for voice-grade general
communications:
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
488.025...................... 491.025 488.225......... 491.225
488.050...................... 491.050 488.250......... 491.250
488.075...................... 491.075 488.275......... 491.275
488.100...................... 491.100 488.300......... 491.300
488.125...................... 491.125 488.325......... 491.325
488.150...................... 491.150 488.350......... 491.350
488.175...................... 491.175 488.375......... 491.375
488.200...................... 491.200 488.400......... 491.400
------------------------------------------------------------------------
(2) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for voice-grade general
communications and private line service:
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
488.425...................... 491.425 488.575......... 491.575
488.450...................... 491.450 488.600......... 491.600
488.475...................... 491.475 488.625......... 491.625
488.500...................... 491.500 488.650......... 491.650
488.525...................... 491.525 488.675......... 491.675
488.550...................... 491.550 488.700......... 491.700
------------------------------------------------------------------------
(3) These channels may be assigned for use by relay stations in
systems where it would be impractical to provide offshore radiotelephone
service without the use of relay stations.
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
488.725...................... 491.725 488.775......... 491.775
488.750...................... 491.750 488.800......... 491.800
------------------------------------------------------------------------
(4) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for emergency communications
involving protection of life and property.
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
488.825...................... 491.825 488.875......... 491.875
488.850...................... 491.850 488.900......... 491.900
------------------------------------------------------------------------
(5) These channels may be assigned for use by offshore central
(base/fixed)
[[Page 110]]
or subscriber stations (fixed, temporary fixed, surface and/or airborne
mobile) as indicated, for emergency auto alarm and voice transmission
pertaining to emergency conditions only.
------------------------------------------------------------------------
Central Subscriber
------------------------------------------------------------------------
488.950................ 491.950
------------------------------------------------------------------------
(6) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for emergency shut-off remote
control telemetry, environmental data acquisition and disseminations, or
facsimile transmissions.
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
489.000...................... 492.000 489.200......... 492.200
489.025...................... 492.025 489.225......... 492.225
489.050...................... 492.050 489.250......... 492.250
489.075...................... 492.075 489.275......... 492.275
489.100...................... 492.100 489.300......... 492.300
489.125...................... 492.125 489.325......... 492.325
489.150...................... 492.150 489.350......... 492.350
489.175...................... 492.175 489.375......... 492.375
------------------------------------------------------------------------
(7) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for private line service:
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
489.400...................... 492.400 489.725......... 492.725
489.425...................... 492.425 489.750......... 492.750
489.450...................... 492.450 489.775......... 492.775
489.475...................... 492.475 489.800......... 492.800
489.500...................... 492.500 489.825......... 492.825
489.525...................... 492.525 489.850......... 492.850
489.550...................... 492.550 489.875......... 492.875
489.575...................... 492.575 489.900......... 492.900
489.600...................... 492.600 489.925......... 492.925
489.625...................... 492.625 489.950......... 492.950
489.650...................... 492.650 489.975......... 492.975
489.675...................... 492.675 490.000......... 493.000
489.700...................... 492.700
------------------------------------------------------------------------
(8) Interstitial channels. Interstitial channels are those with
center frequencies offset by 12.5 kHz from the
listed center frequencies. The FCC may assign interstitial channels to
offshore stations in Zone A subject to the following conditions:
(i) Offshore stations transmitting on interstitial channels must be
located east of W.92[deg] longitude.
(ii) Operations on interstitial channels are considered to be
secondary to operations on channels with the listed center frequencies.
(iii) Offshore stations operating on interstitial channels must be
used only for voice grade general communications or to provide for
private line service.
Note to paragraph (a) of Sec. 22.1007: These channels are contained
in UHF TV Channel 17.
(b) Zone B--Southern Louisiana--Texas. (1) The geographical area in
Zone B is bounded as follows:
From longitude W.87[deg]45[min] on the East to longitude
W.95[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit
along the Gulf of Mexico shoreline on the North to the limit of the
Outer Continental Shelf on the South.
(2) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for voice-grade general
communications and private line service:
------------------------------------------------------------------------
Central Subscriber Central Subscriber
------------------------------------------------------------------------
485.025...................... 482.025 486.025......... 483.025
485.050...................... 482.050 486.050......... 483.050
485.075...................... 482.075 486.075......... 483.075
485.100...................... 482.100 486.100......... 483.100
485.125...................... 482.125 486.125......... 483.125
485.150...................... 482.150 485.150......... 483.150
485.175...................... 482.175 486.175......... 483.175
485.200...................... 482.200 486.200......... 483.200
485.225...................... 482.225 486.225......... 483.225
485.250...................... 482.250 486.250......... 483.250
485.275...................... 482.275 486.275......... 483.275
485.300...................... 482.300 486.300......... 483.300
485.325...................... 482.325 486.325......... 483.325
485.350...................... 482.350 486.350......... 483.350
485.375...................... 482.375 486.375......... 483.375
485.400...................... 482.400 486.400......... 483.400
485.425...................... 482.425 486.425......... 483.425
485.450...................... 482.450 486.450......... 483.450
485.475...................... 482.475 486.475......... 483.475
485.500...................... 482.500 486.500......... 483.500
485.525...................... 482.525 486.525......... 483.525
485.550...................... 482.550 484.550......... 483.550
485.575...................... 482.575 486.575......... 483.575
485.600...................... 482.600 486.600......... 483.600
485.625...................... 482.625 486.625......... 483.625
485.650...................... 482.650 486.650......... 483.650
485.675...................... 482.675 486.675......... 483.675
485.700...................... 482.700 486.700......... 483.700
485.725...................... 482.725 486.725......... 483.725
485.750...................... 482.750 486.750......... 483.750
485.775...................... 482.775 486.775......... 483.775
485.800...................... 482.800 486.800......... 483.800
485.825...................... 482.825 486.825......... 483.825
485.850...................... 482.850 486.850......... 483.850
485.875...................... 482.875 486.875......... 483.875
485.900...................... 482.900 486.900......... 483.900
485.925...................... 482.925 486.925......... 483.925
485.950...................... 482.950 486.950......... 483.950
485.975...................... 482.975 486.975......... 483.975
486.000...................... 483.000 487.050......... 480.050
------------------------------------------------------------------------
[[Page 111]]
Note to paragraph (b) of Sec. 22.1007: These channels are contained
in UHF TV Channel 16.
(c) Zone C--Southern Texas. The geographical area in Zone C is
bounded as follows:
Longitude W.94[deg]00[min] on the East, the 4.8 kilometer (3 mile)
limit on the North and West, a 282 kilometer (175 mile) radius from the
reference point at Linares, N.L., Mexico on the Southwest, latitude
N.26[deg]00[min] on the South, and the limits of the outer continental
shelf on the Southeast.
(1) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for emergency auto alarm and voice
transmission pertaining to emergency conditions only.
------------------------------------------------------------------------
Central Subscriber
------------------------------------------------------------------------
476.950................ 479.950
------------------------------------------------------------------------
(2) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for voice-grade general
communications and private line service:
476.025 479.025
476.050 479.050
476.075 479.075
476.100 479.100
476.125 479.125
476.150 479.150
476.175 479.175
476.200 479.200
476.225 479.225
476.250 479.250
476.275 479.275
476.300 479.300
476.325 479.325
476.350 479.350
476.375 479.375
476.400 479.400
476.425 479.425
476.450 479.450
476.475 479.475
476.500 479.500
476.525 479.525
476.550 479.550
476.575 479.575
476.600 479.600
476.625 479.625
476.650 479.650
476.675 479.675
476.700 479.700
476.725 479.725
476.750 479.750
476.775 479.775
476.800 479.800
476.825 479.825
476.850 479.850
476.875 479.875
476.900 479.900
477.000 480.000
477.025 480.025
477.075 480.075
477.100 480.100
477.125 480.125
477.150 480.150
477.175 480.175
477.200 480.200
477.225 480.225
477.250 480.250
477.275 480.275
477.300 480.300
477.325 480.325
477.350 480.350
477.375 480.375
477.400 480.400
477.425 480.425
477.450 480.450
477.475 480.475
477.500 480.500
477.525 480.525
477.550 480.550
477.575 480.575
477.600 480.600
477.625 480.625
477.650 480.650
477.675 480.675
477.700 480.700
477.725 480.725
477.750 480.750
477.775 480.775
477.800 480.800
477.825 480.825
477.850 480.850
477.875 480.875
477.900 480.900
477.925 480.925
477.950 480.950
477.975 480.975
[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995]
Sec. 22.1009 Transmitter locations.
The rules in this section establish limitations on the locations
from which stations in the Offshore Radiotelephone Service may transmit.
(a) All stations. Offshore stations must not transmit from locations
outside the boundaries of the appropriate zones specified in Sec.
22.1007. Offshore stations must not transmit from locations within 241
kilometers (150 miles) of any full-service television station that
transmits on the TV channel containing the channel on which the offshore
station transmits.
(b) Airborne subscriber stations. Airborne subscriber stations must
not
[[Page 112]]
transmit from altitudes exceeding 305 meters (1000 feet) above mean sea
level. Airborne mobile stations in Zone A must not transmit from
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana.
Airborne mobile stations in Zone B must not transmit from locations
within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne
mobile stations in Zone C must not transmit from locations within 129
kilometers (80 miles) of Corpus Christi or locations within 129
kilometers (80 miles) of Houston, Texas.
Sec. 22.1011 Antenna height limitations.
The antenna height of offshore stations must not exceed 61 meters
(200 feet) above mean sea level. The antenna height of offshore surface
mobile stations must not exceed 10 meters (30 feet) above the waterline.
Sec. 22.1013 Effective radiated power limitations.
The effective radiated power (ERP) of transmitters in the Offshore
Radiotelephone Service must not exceed the limits in this section.
(a) Maximum power. The ERP of transmitters in this service must not
exceed 1000 Watts under any circumstances.
(b) Mobile transmitters. The ERP of mobile transmitters must not
exceed 100 Watts. The ERP of mobile transmitters, when located within 32
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1
Watt.
(c) Protection for TV Reception. The ERP limitations in this
paragraph are intended to reduce the likelihood that interference to
television reception from offshore radiotelephone operations will occur.
(1) Co-channel protection. The ERP of offshore stations must not
exceed the limits in Table I-1 of this section. The limits depend upon
the height above mean sea level of the offshore transmitting antenna and
the distance between the antenna location of the offshore transmitter
and the antenna location of the main transmitter of the nearest full-
service television station that transmits on the TV channel containing
the channel on which the offshore station transmits.
(2) Adjacent channel protection. The ERP of offshore stations
located within 128.8 kilometers (80 miles) of the main transmitter
antenna of a full service TV station that transmits on a TV channel
adjacent to the TV channel which contains the channel on which the
offshore station transmits must not exceed the limits in the Table I-2
of Sec. 22.1015. The limits depend upon the height above mean sea level
of the offshore transmitting antenna and the distance between the
location of the offshore transmitter and the 4.8 kilometer (3 mile)
limit.
Table I-1--Maximum ERP (Watts)
------------------------------------------------------------------------
30 45 61
meters meters meters
Distance (100 (150 (200
feet) feet) feet)
------------------------------------------------------------------------
338 km (210 mi).............................. 1000 1000 1000
330 km (205 mi).............................. 1000 900 800
2 km (200 mi)................................ 800 710 630
314 km (195 mi).............................. 590 520 450
306 km (190 mi).............................. 450 400 330
298 km (185 mi).............................. 320 280 240
290 km (180 mi).............................. 250 210 175
282 km (175 mi).............................. 180 150 130
274 km (170 mi).............................. 175 110 100
266 km (165 mi).............................. 95 80 70
258 km (160 mi).............................. 65 55 50
249 km (155 mi).............................. 50 40 35
241 km (150 mi).............................. 35 30 25
------------------------------------------------------------------------
Sec. 22.1015 Repeater operation.
Offshore central stations may be used as repeater stations provided
that the licensee is able to maintain control of the station, and in
particular, to turn the transmitter off, regardless of whether
associated subscriber stations are transmitting at the time.
Table I-2--Maximum ERP (Watts)
------------------------------------------------------------------------
30 61
meters meters
Distance from the 4.8 km (3 mi) limit (100 (200
feet) feet)
------------------------------------------------------------------------
6.4 km (4 mi)......................................... 25 6
8.0 km (5 mi)......................................... 40 10
9.7 km (6 mi)......................................... 65 15
11.3 km (7 mi)........................................ 100 25
12.9 km (8 mi)........................................ 150 35
14.5 km (9 mi)........................................ 215 50
16.1 km (10 mi)....................................... 295 70
17.7 km (11 mi)....................................... 400 100
19.3 km (12 mi)....................................... 530 130
20.9 km (13 mi)....................................... 685 170
22.5 km (14 mi)....................................... 870 215
24.1 km (15 mi)....................................... 1000 270
25.7 km (16 mi)....................................... 1000 415
27.4 km (17 mi)....................................... 1000 505
[[Page 113]]
29.0 km (18 mi)....................................... 1000 610
30.6 km (19 mi)....................................... 1000 730
32.2 km (20 mi)....................................... 1000 865
33.8 km (21 mi)....................................... 1000 1000
------------------------------------------------------------------------
Sec. 22.1025 Permissible communications.
Offshore central stations must communicate only with subscriber
stations (fixed, temporary-fixed, mobile and airborne). Offshore
subscriber stations must normally communicate only with and through
offshore central stations. Stations in the Offshore Radiotelephone
Service may communicate through relay stations authorized in this
service.
Sec. 22.1031 Temporary fixed stations.
The FCC may, upon proper application therefor, authorize the
construction and operation of temporary fixed stations in the Offshore
Radiotelephone service to be used only when the service of permanent
fixed stations is disrupted by storms or emergencies or is otherwise
unavailable.
(a) Six month limitation. If it is necessary for a temporary fixed
station to remain at the same location for more than six months, the
licensee of that station must apply for authorization to operate the
station at the specific location at least 30 days before the end of the
six month period.
(b) International communications. Communications between the United
States and Mexico must not be carried using a temporary fixed station
without prior authorization from the FCC. Licensees desiring to carry
such communications should apply sufficiently in advance to allow for
the time necessary to coordinate with Canada or Mexico.
Sec. 22.1035 Construction period.
The construction period (see Sec. 22.142) for offshore stations is
18 months.
Sec. 22.1037 Application requirements for offshore stations.
Applications for new Offshore Radiotelephone Service stations must
contain an exhibit showing that:
(a) The applicant has notified all licensees of offshore stations
located within 321.8 kilometers (200 miles) of the proposed offshore
station, by providing the following data, at least 30 days before filing
the application:
(1) The name, business address, channel coordinator, and telephone
number of the applicant;
(2) The location and geographical coordinates of the proposed
station;
(3) The channel and type of emission;
(4) The height and type of antenna;
(5) The bearing of the main lobe of the antenna; and,
(6) The effective radiated power.
(b) The proposed station will not interfere with the primary ORS
channels by compliance with the following separations:
(1) Co-channel to a distance of 241.4 kilometers (150 miles).
(2) If interstitial channels are used, adjacent channels (12.5 kHz) to a distance of 80.5 kilometers (50 miles).
(3) Third order intermodulation channels (12.5
kHz) to a distance of 32.2 kilometers (20 miles).
(4) If the proposed transmitting antenna site is located west of
longitude W.93[deg]40[min], and within 32.2 kilometers (20 miles) of the
shoreline, and proposed use of the channels listed in Sec. 22.1007(b),
no third-order intermodulation interference would be caused to any base
or mobile station using the channels between 488 and 494 MHz.
PART 23_INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES
--Table of Contents
Fixed Public Services
Sec.
23.1 Definitions.
23.11 Use of radiotelephone emissions by radiotelegraph stations.
23.12 Use of radiotelegraph emissions by radiotelephone stations.
23.13 Types of emission.
23.14 Emission, bandwidth, modulation and transmission characteristics.
23.15 Emission limitations.
23.16 Frequency tolerances.
[[Page 114]]
23.17 Frequency measurement.
23.18 Authorization of power.
23.19 Use of directional antennas.
23.20 Assignment of frequencies.
23.21 Communications by international control stations.
23.23 Use of frequencies for radiotelegraph communication within the
continental United States.
23.24 Correspondents and points of communication.
23.25 Points of communication, limitations.
23.26 Use of transmitters.
23.27 Experimental research.
23.28 Special temporary authorization.
23.29 License period and expiration time.
23.31 Period of construction.
23.32 Equipment and service tests.
23.35 Compliance with tariff requirements.
23.36 Posting of license.
23.37 Station identification.
23.38 Experimental points of communication, limitations.
23.39 Antenna structures.
23.40 [Reserved]
23.41 Quarterly report of frequency usage.
23.42 License, simultaneous modification and renewal.
23.43 Maintenance tests of licensed stations.
23.44 Station inspection.
23.45 Operator license, posting of.
23.46 Operators, class required and general duties.
23.47 Station records.
23.48 Content of station records.
23.49 Discontinuance of operation.
23.50 Place of filing applications; fees and number of copies.
23.51 Addressed program material.
23.52 Mobile stations, transmission simultaneously to.
23.53 Addressed press and meteorological services.
23.54 Use of double sideband radiotelephone.
23.55 Equal employment opportunities.
Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C.
154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.
Source: 28 FR 13032, Dec. 5, 1963; 36 FR 2562, Feb. 6, 1971, unless
otherwise noted.
Fixed Public Services
Sec. 23.1 Definitions.
Assigned frequency. The frequency coinciding with the center of an
authorized bandwidth of emission.
Authorized bandwidth. The maximum bandwidth authorized to be used by
a station as specified in the station license. This shall be occupied
bandwidth or necessary bandwidth, whichever is greater.
Authorized reference frequency. A frequency having a fixed and
specific position with respect to the assigned frequency.
Authorized service. The term ``authorized service'' of a point-to-
point radiotelegraph or radiotelephone station means the transmission of
public correspondence to a point of communication as defined herein
subject to such special provisions as may be contained in the license of
the station or in accordance with Sec. 23.53.
Fixed public service. The term ``fixed public service'' means a
radiocommunication service carried on between fixed stations open to
public correspondence.
Fixed public press service. The term ``fixed public press service''
means a limited radio communication service carried on between point-to-
point telegraph stations, consisting of transmissions by fixed stations
open to limited public correspondence, of news items, or other material
related to or intended for publication by press agencies, newspapers, or
for public dissemination. In addition, these transmissions may be
directed to one or more fixed points specifically named in a station
license, or to unnamed points in accordance with the provisions of Sec.
23.53.
Note: This section is not intended as a definition of any press
classification. Correspondence admissible under any press classification
is determined by the tariffs of the various common carriers on file with
the Commission.
Fixed station. The term ``fixed station'' in the fixed public or
fixed public press service includes all apparatus used in rendering the
authorized service at a particular location under a single instrument of
authorization.
Frequency tolerance. The maximum permissible departure by the center
frequency of the frequency band occupied by an emission from the
assigned frequency or by the carrier, or suppressed carrier, from the
reference frequency.
International fixed public radiocommunication service. A fixed
service, the stations of which are open to public correspondence and
which, in general, is intended to provide radiocommunication between any
one
[[Page 115]]
of the contiguous 48 states (including the District of Columbia) and the
State of Alaska, or the State of Hawaii, or any U.S. possession or any
foreign point; or between any U.S. possession and any other point; or
between the State of Alaska and any other point; or between the State of
Hawaii and any other point. In addition, radiocommunications within the
contiguous 48 states (including the District of Columbia) in connection
with the relaying of international traffic between stations which
provide the above service, are also deemed to be the international fixed
public radiocommunications service; provided, however, that
communications solely between Alaska, or any one of the contiguous 48
states (including the District of Columbia), and either Canada or Mexico
are not deemed to be in the international fixed public
radiocommunication service when such radiocommunications are transmitted
on frequencies above 72 MHz.
International fixed public control service. A fixed service carried
on for the purpose of communicating between transmitting stations,
receiving stations, message centers or control points in the
international fixed public radiocommunication service.
Occupied bandwidth. The frequency bandwidth such that, below its
lower and above its upper frequency limits, the mean powers radiated are
each equal to 0.5 percent of the total mean power radiated by a given
emission.
Point-to-point telegraph station. The term ``point-to-point
telegraph station'' means a fixed station authorized for radiotelegraph
communication.
Point-to-point telephone station. The term ``point-to-point
telephone station'' means a fixed station authorized for radiotelephone
communication.
Point of communication. The term ``point of communication'' means a
specific location designated in the license to which a station is
authorized to communicate for the transmission of public correspondence.
Radiotelegraph. The term ``radiotelegraph'' as used in this part
shall be construed to include types N0N, A1A, A2A, A3C, F1B, F2B, and
F3C emission.
Radiotelephone. The term ``radiotelephone'' as used in this part,
with respect to operation on frequencies below 30 MHz, means a system of
radiocommunication for the transmission of speech or, in some cases,
other sounds by means of amplitude modulation including double sideband
(A3E), single sideband (R3E, H3E, J3E) or independent sideband (B3E)
transmission.
[38 FR 22478, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]
Sec. 23.11 Use of radiotelephone emissions by radiotelegraph stations.
The licensee of a radiotelegraph station, using frequencies below 30
MHz, may be authorized to use radiotelephone emissions as defined in
Sec. 23.1 for the following purposes:
(a) Transmission of addressed program material as set forth in Sec.
23.51.
(b) Controlling the transmission or reception of addressed program
material
(c) Controlling the transmission or reception of facsimile material.
[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38
FR 22479, Aug. 21, 1973]
Sec. 23.12 Use of radiotelegraph emissions by radiotelephone stations.
The licensee of a point-to-point radiotelephone station may be
authorized to use type N0N, A1A, A2A, F1B, or F2B emission for
identification, for test purposes or for the exchange of service
messages.
[49 FR 48701, Dec. 14, 1984]
Sec. 23.13 Types of emission.
Stations in the international fixed public radiocommunication
services may be authorized to use any of the types of emission or
combinations thereof, described in part 2 of this chapter, as well as
new types which may be developed: Provided, That harmful interference to
adjacent operations is not caused thereby, And provided further, That
the intelligence to be transmitted will use the bandwidth requested to a
degree of efficiency compatible with the current state of the art. A
determination of the possibilities of interference will be made as
[[Page 116]]
outlined in Sec. 23.20. In certain cases frequencies or emissions may
be authorized on a temporary basis to determine if interference will
occur. During normal operations, emissions shall be centered about an
assigned frequency. Non-centered emissions may be employed for short
periods of time as needed to avoid interfering signals or meet
fluctuating traffic loading: Provided, That the occupied bandwidth of
these emissions be contained within the authorized bandwidth, And
provided further, That prior to any such use, the Commission be notified
of the reference frequency or frequencies proposed to be used in lieu of
the assigned frequency.
[38 FR 22479, Aug. 21, 1973]
Sec. 23.14 Emission, bandwidth, modulation and transmission characteristics.
In the services under this part emissions are designated by their
classification and their necessary bandwidth in accordance with the
following procedures:
(a) Designation of emissions in applications. In applying for new
frequency assignments for emissions not presently authorized, the
emissions proposed to be used shall be described and their bandwidths
specified as outlined in part 2 of this chapter.
(b) Designation of emissions in authorizations. The emission
designations used in authorizations will indicate only the maximum value
of the necessary bandwidth for each type of modulation authorized.
(c) New types of emissions. If application is made for a type of
emission not covered by part 2 of this chapter, a full description of
the emission must be provided and, if possible, measurements of its
occupied bandwidth.
[38 FR 22479, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]
Sec. 23.15 Emission limitations.
(a) For all transmitters placed into operation after September 19,
1973, and for all transmitters after September 19, 1975, which operate
on frequencies below 30 MHz:
(1) The occupied bandwidth of emission shall be confined within the
least possible spectrum space consistent with the state of the art and
the required quality of transmission, and in no event shall be more than
the authorized bandwidth.
(2) Spurious emissions of transmitters of mean power of 50 kilowatts
or less shall be attenuated at least 40 decibels below the mean power of
the fundamental without exceeding the power of 50 milliwatts.
(3) Spurious emissions of transmitters of mean power exceeding 50
kilowatts shall be attenuated at least 60 decibels below the mean power
of the fundamental and every effort should be made to keep the level of
spurious emissions below the power of 50 milliwatts.
(b) For all transmitters placed into operation after September 19,
1973, and for all transmitters after September 19, 1975, which operate
on frequencies above 30 MHz, the mean powers of emissions shall be
attenuated below the mean output power of the transmitter in accordance
with the following schedule:
(1) On any frequency removed from the assigned frequency by more
than 50 percent up to and including 100 percent of the authorized
bandwidth: At least 25 decibels;
(2) On any frequency removed from the assigned frequency by more
than 100 percent up to and including 250 percent of the authorized
bandwidth: at least 35 decibels;
(3) On any frequency removed from the assigned frequency by more
than 250 percent of the authorized bandwidth: at least 43 plus 10 log
(mean output power in watts) decibels, or 80 decibels, whichever is the
lesser attenuation.
(c) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than that specified in this section.
[38 FR 22479, Aug. 21, 1973; 38 FR 24901, Sept. 11, 1973]
Sec. 23.16 Frequency tolerances.
(a) The frequency tolerance for stations in the International Fixed
Public Radiocommunications Services shall
[[Page 117]]
be maintained as prescribed in the following table:
------------------------------------------------------------------------
Tolerances applicable
to new transmitters
installed after
September 19, 1973,
and to all
Frequency range transmitters after
September 19, 1975
-----------------------
Parts per
Percent million
------------------------------------------------------------------------
10 to 50 kHz.................................... .1 1000
50 to 535 kHz................................... .02 200
1605 to 30,000 kHz.............................. .0015 15
30 to 50 MHz.................................... .002 20
50 to 000 MHz................................... .0005 5
1000 to 1850 MHz................................ .001 10
1850 to 1990 MHz................................ .02 200
1990 to 2500 MHz................................ .001 10
2500 to 10,500 MHz.............................. .03 300
10,500 to 40,000 MHz............................ .05 500
------------------------------------------------------------------------
(b) Until September 19, 1975, the frequency tolerance of
transmitters installed at stations in these services before September
19, 1973, and operating within the frequency bands set forth below,
shall be maintained within the following limits:
------------------------------------------------------------------------
Tolerance
Frequency range (percent)
------------------------------------------------------------------------
10 to 50 kHz................................................ 0.1
50 to 535 kHz............................................... 0.02
1605 to 30000 kHz........................................... 0.003
Above 30 MHz................................................ (\1\)
------------------------------------------------------------------------
\1\ As set forth in the radio station license.
[38 FR 27386, Oct. 3, 1973]
Sec. 23.17 Frequency measurement.
Each station shall provide for the measurement of all frequencies
assigned thereto, and establish a procedure for checking them regularly.
These measurements shall be made by means independent of the frequency
control of the transmitter and shall be of accuracy sufficient to detect
deviation from the assigned frequency within one-half of the allowed
tolerance. A record shall be kept of the results and dates of all
frequency measurements.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.18 Authorization of power.
(a) Authorized power. Power, when designated in the respective
station license for a particular transmitter or transmitters, is peak
envelope power for transmitters having full, unkeyed carrier, single
sideband or independent sideband emissions, and mean power for
transmitters having other emissions, unless specifically expressed
otherwise. Designation of effective radiated power may appear in the
station license in addition to designation of power for a transmitter or
transmitters, when deemed necessary by the Commission.
(b) Use of minimum power. In the interest of avoiding interference
to other operations, all stations shall radiate only as much power as is
necessary to ensure a satisfactory service.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.19 Use of directional antennas.
Insofar as is practicable, directional antennas, of type consistent
with the current state of art, shall be used on all circuits for both
transmitting and receiving.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.20 Assignment of frequencies.
(a) Only those frequencies which are in accordance with Sec. 2.106
of this chapter may be authorized for use by stations in the Fixed
Public and Fixed Public Press Services. Selection of specific
frequencies within such bands shall be made by the applicants therefor.
After an application has been filed with the Commission for a particular
frequency, its availability for assignment as requested will be
determined by a study of the probabilities of interference to and from
existing services assigned on the same or adjacent frequencies and, if
necessary, by coordination with other agencies utilizing frequencies in
these ranges. The applicant will be notified of the results of such
study and coordination. All new assignments of frequencies may be made
subject to certain conditions as may be required to minimize the
possibility of harmful interference to existing services.
(b) In order to minimize possible harmful interference at the
National Radio Astronomy Observatory site located at Green Bank,
Pocahontas County, West Virginia, and at the Naval Radio Research
Observatory site at Sugar Grove, Pendleton County, West Virginia, any
applicant for a station authorization other than mobile,
[[Page 118]]
temporary base, temporary fixed, Personal Radio, Civil Air Patrol, or
Amateur seeking a station license for a new station, a construction
permit to construct a new station or to modify an existing station
license in a manner which would change either the frequency, power,
antenna height or directivity, or location of such a station within the
area bounded by 39[deg]15[min] N. on the north, 78[deg]30[min] W. on the
east, 37[deg]30[min] N. on the south and 80[deg]30[min] W. on the west
shall, at the time of filing such application with the Commission,
simultaneously notify the Director, National Radio Astronomy
Observatory, P. O. Box No. 2, Green Bank, West Virginia, 24944, in
writing, of the technical particulars of the proposed station. Such
notification shall include the geographical coordinates of the antenna,
antenna height, antenna directivity if any, proposed frequency, type of
emission, and power. In addition, the applicant shall indicate in his
application to the Commission the date notification was made to the
Observatory. After receipt of such applications, the Commission will
allow a period of twenty (20) days for comments or objections in
response to the notifications indicated. If an objection to the proposed
operation is received during the twenty day period from the National
Radio Astronomy Observatory for itself or on behalf of the Naval Radio
Research Observatory, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.
(c) [Reserved]
(d) Protection for Table Mountain Radio Receiving Zone, Boulder
County, Colorado: Applicants for a station authorization to operate in
the vicinity of Boulder County, Colorado under this part are advised to
give due consideration, prior to filing applications, to the need to
protect the Table Mountain Radio Receiving Zone from harmful
interference. These are the research laboratories of the Department of
Commerce, Boulder County, Colorado. To prevent degradation of the
present ambient radio signal level at the site, the Department of
Commerce seeks to ensure that the field strengths of any radiated
signals (excluding reflected signals) received on this 728 hectare site
(in the vicinity of coordinates 40[deg]07[min]50[sec] N Latitude,
105[deg]14[min]40[sec] W Longitude) resulting from new assignments
(other than mobile stations) or from the modification or relocation of
existing facilities do not exceed the following values:
------------------------------------------------------------------------
Power flux
Field density \1\
strength (dBW/m \2\)
Frequency range (mV/m) in in
authorized authorized
bandwidth bandwidth
of service of service
------------------------------------------------------------------------
Below 540 kHz................................. 10 65.8
540 to 1600 Khz............................... 20 59.8
1.6 to 470 MHz................................ 10 \2\ 65.8
470 to 890 MHz................................ 30 \2\ 56.2
Above 890 MHz................................. 1 \2\ 85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
space characteristic impedance of 376.7=120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
earth's surface specified in appropriate parts of the FCC rules, but
in no case should exceed the above levels in any 4 kHz band for all
angles of arrival.
(1) Advance consultation is recommended particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figures in the above table would be
exceeded by their proposed radio facilities (except mobile stations). In
such instances, the following is a suggested guide for determining
whether coordination is recommended:
(i) All stations within 2.4 kilometers;
(ii) Stations within 4.8 kilometers with 50 watts or more effective
radiated power (ERP) in the primary plane of polarization in the
azimuthal direction of the Table Mountain Radio Receiving Zone;
(iii) Stations within 16.1 kilometers with 1 kW or more ERP in the
primary plane of polarization in the azimuthal direction of Table
Mountain Receiving Zone;
(iv) Stations within 80.5 kilometers with 25 kW or more ERP in the
primary plane or polarization in the azimuthal direction of Table
Mountain Receiving Zone.
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303;
telephone (303) 497-6548, in advance of filing their applications with
the Commission.
[[Page 119]]
(3) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Department of
Commerce or proceedings to modify any authorization which may be granted
which, in fact, delivers a signal at the site in excess of the field
strength specified herein.
(e) Protection for Federal Communications Commission monitoring
stations:
(1) Applicants in the vicinity of an FCC monitoring station for a
radio station authorization to operate new transmitting facilities or
changed transmitting facilities which would increase the field strength
produced over the monitoring station over that previously authorized are
advised to give consideration, prior to filing applications, to the
possible need to protect the FCC stations from harmful interference.
Geographical coordinates of the facilities which require protection are
listed in Sec. 0.121(c) of the Commission's Rules. Applications for
stations (except mobile stations) which will produce on any frequency a
direct wave fundamental field strength of greater than 10 mV/m in the
authorized bandwidth of service (-65.8 dBW/m\2\ power flux density
assuming a free space characteristic impedance of 120 ohms) at the
referenced coordinates, may be examined to determine extent of possible
interference. Depending on the theoretical field strength value and
existing root-sum-square or other ambient radio field signal levels at
the indicated coordinates, a clause protecting the monitoring station
may be added to the station authorization.
(2) In the event that calculated value of expected field exceeds 10
mV/m (-65.8 dBW/m\2\) at the reference coordinates, or if there is any
question whether field strength levels might exceed the threshold value,
advance consultation with the FCC to discuss any protection necessary
should be considered. Prospective applicants may communicate with:
Chief, Compliance and Information Bureau, Federal Communications
Commission, Washington, DC 20554, Telephone (202) 632-6980.
(3) Advance consultation is suggested particularly for those
applicants who have no reliable data which indicates whether the field
strength or power flux density figure indicated would be exceeded by
their proposed radio facilities (except mobile stations). In such
instances, the following is a suggested guide for determining whether an
applicant should coordinate:
(i) All stations within 2.4 kilometers (1.5 statute miles);
(ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts
or more average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the Monitoring Stations.
(iii) Stations within 16 kilometers (10 statute miles) with 1 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station;
(iv) Stations within 80 kilometers (50 statute miles) with 25 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the Monitoring Station;
(4) Advance coordination for stations operating above 1000 MHz is
recommended only where the proposed station is in the vicinity of a
monitoring station designated as a satellite monitoring facility in
Sec. 0.121(c) of the Commission's Rules and also meets the criteria
outlined in paragraphs (e)(2) and (3) of this section.
(5) The Commission will not screen applications to determine whether
advance consultation has taken place. However, applicants are advised
that such consultation can avoid objections from the Federal
Communications Commission or modification of any authorization which
will cause harmful interference.
(f) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location of
a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto
[[Page 120]]
Rico 00612, in writing or electronically, of the technical parameters of
the proposal. Applicants may wish to consult interference guidelines,
which will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: [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. Generally,
submission of the information in the technical portion of the FCC
license application is adequate notification. In addition, the applicant
shall indicate in its application to the Commission the date
notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application, as
appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations that
transmit on frequencies above 15 GHz.
[28 FR 13032, Dec. 5, 1963, as amended at 42 FR 8329, Feb. 9, 1977; 42
FR 27894, June 1, 1977; 44 FR 77167, Dec. 31, 1979; 50 FR 39002, Sept.
26, 1985; 58 FR 44904, Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR
55530, Oct. 27, 1997; 70 FR 31373, June 1, 2005]
Sec. 23.21 Communications by international control stations.
Stations in the international fixed public control service are
authorized to communicate between transmitting stations, receiving
stations, message centers or control points operating in the
international fixed public radiocommunication services for the purpose
of handling service messages or international traffic between these
points: Provided, That only traffic originating in or destined to points
outside the contiguous states may be handled. Frequencies in bands
designated for international control stations in Part 2 of this chapter
may be assigned to these stations.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.23 Use of frequencies for radio-telegraph communication
within the continental United States.
Licensees of point-to-point radiotelegraph stations may use any
frequency authorized in a station license for communication between
designated points within the 48 contiguous states and the District of
Columbia upon the express condition that the use of any frequency above
5000 kHz shall be subject to the limitation that no interference shall
be caused to the international service, or to service with Alaska or
Hawaii; and in the event such interference is caused the licensee shall
immediately discontinue the use of the frequency or frequencies
producing such interference and operation thereon may be conducted only
at times when such interference will not be caused.
Sec. 23.24 Correspondents and points of communication.
Each instrument of authorization issued for fixed public or fixed
public press service shall authorize communication to the points of
communication and to the organizations, agencies, or persons specified
therein only, except as provided by Sec. 23.53: Provided, however, That
in the event of a change in an organization, agency, or person specified
or a change in the effective control of such organization, agency, or
person, the licensee shall immediately notify the Commission of such
change and shall file an application for modification of the instrument
of authorization: And provided further, That where such change is
occasioned by reason of circumstances beyond the
[[Page 121]]
control of the licensee, communication under the then outstanding
instrument of authorization shall be permitted to continue pending
consideration of and action upon the application for modification of the
instrument of authorization.
Sec. 23.25 Points of communication, limitations.
No point of communication will be regularly authorized in any
instrument of authorization for fixed public or fixed public press
service in absence of an adequate showing that public correspondence may
be transmitted and received from such points, except as provided in
Sec. 23.53.
Sec. 23.26 Use of transmitters.
The licensee of a point-to-point radiotelegraph or radiotelephone
station may use any transmitter of the station for transmission upon any
frequency assigned to the station for communication with any point of
communication authorized by the station license: Provided, however, That
the maximum power authorized for the specific frequency as shown in the
license is not exceeded.
Sec. 23.27 Experimental research.
The licensee of a station may be authorized to use a transmitter
which is licensed for fixed public or fixed public press service for
experimental research in accordance with the rules and regulations
governing the experimental service upon the condition that no
interference will be caused to the public service. Experimental
(Research) and Experimental (Developmental) Stations authorized to
operate as point-to-point telegraph or telephone stations shall comply
with the rules governing fixed public radio services in addition to the
rules and regulations governing experimental radio services.
Sec. 23.28 Special temporary authorization.
(a) Requests for special temporary authority must be accompanied by
a showing that interference will not be caused to the fixed public or
fixed public press service for which the station is primarily licensed;
and, in addition, such requests must be accompanied by the following:
(1) A statement of the call signs, location, and frequencies of the
transmitting station; The call signs, location, and frequencies of the
received station; and the type or types of emission to be employed by
both stations.
(2) A statement as to whether the frequencies are to be used for
contact control purposes only.
(3) A statement of the period for which the temporary authority is
desired.
(4) A statement describing the service which is to be rendered.
(b) Temporary authorizations of operation not to exceed 180 days may
be granted under the standards of section 309(f) of the Communications
Act where extraordinary circumstances so require. Extensions of the
temporary authorizations for a period of 180 days may also be granted,
but the renewal applicant bears a heavy burden to show that
extraordinary circumstances warrant such an extension.
(c) Each application proposing construction of one or more new
antenna structures or alteration of the overall height of one or more
existing antenna structures, where FAA notification prior to such
construction or alteration is required by part 17 of this chapter, must
include the FCC Antenna Structure Registration Number(s) for the
affected structure(s). If no such number has been assigned at the time
the application(s) is filed, the applicant must state in the application
whether the owner has notified the FAA of the proposed construction or
alteration and applied to the FCC for an Antenna Structure Registration
Number in accordance with part 17 of this chapter. Applications
proposing construction of one or more new antenna structures or
alteration of the overall height of one or more existing antenna
structures, where FAA notification prior to such construction or
alteration is not required by part 17 of this chapter, must indicate
such and, unless the structure is 6.10-meters or less above ground level
(AGL), must contain a statement explaining why FAA notification is not
required.
[48 FR 27253, June 14, 1983, as amended at 61 FR 4365, Feb. 6, 1996]
[[Page 122]]
Sec. 23.29 License period and expiration time.
(a) Licenses for stations operating in the fixed public
radiocommunications services will be issued for a period of 10 years
unless otherwise stated in the instrument of authorization. The date of
expiration of such licenses shall be the 1st day of December, and each
station license will be issued so as to expire at the hour 3 a.m.,
eastern standard time. Unless otherwise ordered, when an application for
a new station license is granted within three months of the expiration
date for licenses of the particular class of station involved, the
license shall be issued for the unexpired period of the current license
term and for the full succeeding term. If granted more than three months
from the normal expiration date, the license shall be issued for the
unexpired period of the current license term only.
(b) The Commission reserves the right to grant or renew station
licenses in these services for a shorter period of time than that
generally prescribed for such stations if, in its judgment, the public
interest, convenience or necessity would be served by such action.
[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38
FR 22480, Aug. 21, 1973; 48 FR 27253, June 14, 1983]
Sec. 23.31 Period of construction.
Each construction permit for a radio station in the fixed public
service will specify the date of grant as the earliest date of
commencement of construction and a maximum of eight months thereafter as
the time within which construction shall be completed and the station
ready for operation, unless otherwise determined by the Commission upon
proper showing in any particular case.
Sec. 23.32 Equipment and service tests.
(a) Upon completion of construction of a radio station in exact
accordance with the terms of the construction permit, the technical
provisions of the application therefor and the other applicable
provisions of this part and prior to filing of application for license,
the permittee is authorized to test the equipment for a period not to
exceed 10 days: Provided, That:
(1) The engineer in charge of the district in which the station is
located is notified 2 days in advance of the beginning of tests.
(2) The Commission may notify the permittee to conduct no tests or
may cancel, suspend, or change the date of beginning for the period of
such tests as and when such action may appear to be in the public
interest, convenience, and necessity.
(b) When construction and equipment tests are completed in exact
accordance with the terms of the construction permit, the technical
provisions of the application therefor, and the other applicable
provisions of this part, and after an application for station license
has been filed with the Commission showing the transmitter to be in
satisfactory operating condition, the permittee is authorized to conduct
service tests in exact accordance with the terms of the construction
permit for a period not to exceed 30 days: Provided, That:
(1) The engineer in charge of the district in which the station is
located is notified 2 days in advance of the beginning of the tests.
(2) The Commission reserves the right to cancel such tests or
suspend, or change the date of beginning for the period of such tests as
and when such action may appear to be in the public interest,
convenience, and necessity by notifying the permittee.
(3) Service tests will not be authorized after the expiration date
of the construction permit.
(c) The authorization for tests embodied in paragraphs (a) and (b)
of this section shall not be construed as constituting a license to
operate but as a necessary part of the construction.
Sec. 23.35 Compliance with tariff requirements.
No licensee authorized to perform common carrier service by means of
radio communication shall engage in such service without compliance with
all statutory provisions and regulations of the Commission relative to
the filing of tariffs; and nothing contained in this part shall be
deemed as a waiver or modification of any such statutory provision or
regulation.
[[Page 123]]
Sec. 23.36 Posting of license.
The license of a station shall be posted in a conspicuous place in
the main transmitter building of the station or kept in such building
where it is readily available for inspection purposes.
Sec. 23.37 Station identification.
(a) General. Every radiotelegraph or radiotelephone station in the
International Fixed Public or Fixed Public Press Service shall transmit,
as provided below, the identifying call sign or other approved
identification signal on each of its assigned frequencies below 30 MHz
on which energy is being radiated.
(b) When required. (1) The call sign assigned to each frequency
shall be transmitted on that frequency at the beginning and end of each
period of use of the frequency.
(2) During regular operation on any freuency, the call sign or other
approved identification signal shall be transmitted at least at hourly
intervals within the period from 10 minutes before to 10 minutes after
each hour. If identification during this period would require an
interruption in the transmission of a radio-photo, a telephone
conversation, an addressed program or a multiple addressed press
message, or a break in the continuity of a ``conference'' or ``leased
line'' type of service, the identifying signal shall be transmitted at
the first break in, at the conclusion of, or simultaneously with, the
particular transmission as described below.
(c) Methods of transmission. (1) All identifying signals shall be
transmitted in such a manner as to permit identification without special
equipment other than communication type receivers, except as provided in
paragraph (e) of this section. When emissions are being used which are
not capable of identification without special equipment, the identifying
signal shall be transmitted by one of the following methods:
(i) By interrupting the transmission and transmitting the call sign
in a manner which can be identified without special equipment.
(ii) By superimposing the call sign or other approved identification
signal on the emission being transmitted without interrupting the
transmission as provided for by paragraphs (e) and (f) of this section.
(d) Emissions to be used. (1) Except as otherwise provided, the
following emissions shall be used for identification:
(i) Radiotelegraph stations. The identifying call sign shall be
transmitted by International Morse code at a speed not to exceed 25
words per minute and shall consist of the signal ``QRA de'' followed by
the call sign. This transmission shall be made at least three times.
(ii) Radiotelegraph stations using telephone type emissions. When
telephone type emissions are being used in accordance with Sec. 23.11,
identification may be made by voice and shall consist of announcing
three times in English the call sign of the frequency being used
(iii) Radiotelephone stations. The identifying transmission may be
made utilizing either telegraph or telephone type emissions. When
telegraph emission is used, the transmission shall be made in
International Morse Code at a speed not to exceed 25 words per minute
and shall consist of the signal ``QRA de'' followed by the call sign.
This transmission shall be made at least three times. When telephone
emission is used, the identification shall consist of announcing three
times in English the call sign of the frequency being used, provided
that all privacy or secrecy devices shall be removed from the circuit
during such transmissions.
(e) Superimposed identification. Radiotelegraph or radiotelephone
stations identifying simultaneously with transmission of traffic: call
signs or the general identification signal described in paragraph (f) of
this section may be superimposed on the emission being transmitted by
any method which will make identification possible with communication
type receivers provided that approval of any such method shall first
have been obtained from the Federal Communications Commission. (Approval
by the Federal Communications Commission of any means of identification
of complex emissions by superimposing identification of regular
transmissions will be given upon satisfactory completion of coordinated
tests
[[Page 124]]
thereof by the applicant and the Commission's Field Engineering Bureau.)
Commission approval may be withdrawn if at any subsequent time harmful
interference to adjacent frequencies is caused by the superimposed
identification. When superimposed identification by call sign is used,
the identifying signal shall consist of ``QTT de (call sign)''
transmitted at least three times in International Morse Code at a speed
not to exceed 25 words per minute.
(f) General identification signal. When an approved method of
superimposed identification is used, the identification signal shall
consist of ``QTT de (abbreviated name of company recorded with the
Commission) (abbreviated name of station recorded with the
Commission).'' (It is suggested that ``abbreviated company name''
consist of two to five letters such as the initials of the company name
and that ``abbreviated name of station'' consist of two or three letters
indicating the name of the city where the licensee's message center is
located. Both of these abbreviations shall be notified to the Commission
before being used for identification.) This general identification
signal shall be transmitted in International Morse Code at a speed not
to exceed 25 words per minute and may be transmitted continuously or
intermittently as desired provided that it shall be transmitted for at
least five minutes total time during the period from 10 minutes before
to 10 minutes after each hour that energy is being radiated on the
frequency. The same signal may be superimposed on all transmissions
being made at a particular station: Provided, however, That licensed
call signs shall be transmitted on the frequencies to which they are
assigned as often as is practicable and reasonable or at least at the
beginning and end of each period of use of each frequency.
(g) Identification by printer. Notwithstanding the other provisions
of this section with respect to methods of transmission, when single
channel start-stop 5 unit code printer equipment is being used, the
identifying call sign may be transmitted by means of printer signals.
When identification is made by printer signals, it shall consist of the
call sign for the particular frequency being used and shall be made at
least three times at a speed of approximately 60 words per minute.
Sec. 23.38 Experimental points of communication, limitations.
Experimental (Research) or Experimental (Developmental) stations
licensed to operate as point-to-point telegraph or telephone stations in
the fixed public service may communicate only with other experimental
stations located within the continental limits of the United States
(except Alaska): Provided, however, That upon application the Commission
may authorize such a station to communicate with one or more specific
points in Alaska, Hawaii, possessions of the United States, or with a
specific foreign point. In each such case, the Commission will determine
the nature of the experimental transmissions which may be made to such
point of communication.
Sec. 23.39 Antenna structures.
(a) FAA notification. Before the construction of new antenna
structures or alteration in the height of existing antenna structures is
authorized by the FCC, a Federal Aviation Administration (FAA)
determination of ``no hazard'' may be required. To apply for this
determination, the FAA must be notified of the planned construction.
Criteria used to determine whether FAA notification is required for a
particular antenna structure are contained in part 17 of this chapter.
Applications proposing construction of one or more new antenna
structures or alteration of the overall height of one or more existing
antenna structures, where FAA notification prior to such construction or
alteration is not required by part 17 of this chapter, must indicate
such and, unless the reason is obvious (e.g. structure height is less
than 6.10 meters AGL) must contain a statement explaining why FAA
notification is not required.
(b) Painting and lighting. The owner of each antenna structure
required to be painted and/or illuminated under the provisions of
Section 303(q) of the Communications Act of 1934, as amended, shall
operate and maintain the antenna
[[Page 125]]
structure painting and lighting in accordance with part 17 of this
chapter. In the event of default by the owner, each licensee or
permittee shall be individually responsible for conforming to the
requirements pertaining to antenna structure painting and lighting.
(c) Antenna Structure Registration Number. Applications proposing
construction of one or more new antenna structures or alteration of the
overall height of one or more existing structures, where FAA
notification prior to such construction or alteration is required by
part 17 of this chapter, must include the FCC Antenna Structure
Registration Number(s) for the affected structure(s). If no such number
has been assigned at the time the application is filed, the applicant
must state in the application whether or not the antenna structure owner
has notified the FAA of the proposed construction or alteration and
applied to the FCC for an Antenna Structure Registration Number in
accordance with part 17 of this chapter for the antenna structure in
question.
[61 FR 4366, Feb. 6, 1996]
Sec. 23.40 [Reserved]
Sec. 23.41 Quarterly report of frequency usage.
(a) Transmitted frequencies. Each licensee in the international
fixed radio-communication services shall submit a report of frequency
usage for all authorized frequencies below 30 MHz for each station. If
more than one station is operated from a common control point, reports
for the stations may be combined into one. This report shall be due 40
days after the close of each calendar quarter and shall contain the
following information: Each frequency assigned to the station or
stations and the number of hours it was used during the quarter to each
point of communication for each class of service rendered (such as
telegraph, telephone, program, or radiophoto), the types of emission
normally used to each point of communication, and the total hours each
frequency was used.
(b) Received frequency report. Upon specific request by the
Commission, licensees in the international fixed public
radiocommunication services shall furnish promptly the following
information regarding frequencies received from all points of
communication: All frequencies received, including call signs, location
of transmitting station, type and bandwidth of emission normally
employed, point of reception, and a symbol from the following table
indicating the amount of usage of the particular received frequency.
------------------------------------------------------------------------
Symbol Usage
------------------------------------------------------------------------
D................................ Daily regular use during business
days.
O................................ Occasional use; not used daily, but
offered frequently when required by
propagation or operational
conditions.
S................................ Seldom received; where records
indicate light use during the past
year.
L................................ Limited use; limited by solar
activity to a part of the solar
cycle or to a part of each year.
------------------------------------------------------------------------
The following criteria shall be used to determine whether or not a
frequency shall be reported as received:
(1) Report all frequencies regularly used during the period under
consideration.
(2) Report frequencies received consistently during a substantial
part of any cyclical change in frequency usefulness even though they may
be unused for considerable periods of time during another part of the
cycle.
(3) Do not report any frequency, the use of which is known to have
been discontinued or transferred to another operation by a foreign
correspondent.
(4) Do not report any frequency which has been inactive for a period
of 6 months or longer, except as indicated in paragraph (b)(2) of this
section.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.42 License, simultaneous modification and renewal.
When an application is granted by the Commission necessitating the
issuance of a modified license less than 60 days prior to the expiration
date of the license sought to be modified, and an application for
renewal of said license is granted subsequent or prior thereto (but
within 30 days of expiration of the present license) the modified
license as well as the renewal license shall be issued to conform to the
combined action of the Commission.
[[Page 126]]
Sec. 23.43 Maintenance tests of licensed stations.
Station licensees are authorized to carry on such routine tests as
may be required for the proper maintenance of the stations: Provided,
That the tests shall be so conducted as not to cause interference with
the service of other stations.
Sec. 23.44 Station inspection.
The licensee of any radio station shall make the station available
for inspection by representatives of the Commission at any reasonable
hour.
Sec. 23.45 Operator license, posting of.
The original license of each station operator shall be posted at the
place where he is on duty.
Sec. 23.46 Operators, class required and general duties.
(a) The operation and control of all transmitting apparatus licensed
at a station in the international fixed public radiocommunication
services shall be carried on only by a person holding a valid operator
license issued by the Commission, except as provided in other paragraphs
of this section.
(b) Classes of operator licenses required are as follows:
(1) Radiotelegraph stations: Radio-telegraph or Radiotelephone
first- or second-class license: Provided, however:
(i) If manual morse code keying is used for transmitting public
correspondence, the person manipulating the telegraph key shall be the
holder of a radio-telegraph first- or second-class license except as
provided by paragraph (b)(1)(iv) of this section;
(ii) If manual morse code keying is used only for the purposes of
identification or for sending service messages, the person manipulating
the telegraph key shall be the holder of a radiotelegraph third-class
permit or higher class of radiotelegraph license except as provided by
paragraph (b)(1)(iv) of this section;
(iii) If automatic keying equipment is used, the operator of such
equipment may send short service signals (requests for repeats, etc.) by
manual morse code without being the holder of a radio operator license.
(iv) Unlicensed telegraph operators of appropriate skill as
determined by the radio station licensee may manipulate the telegraph
key of radiotelegraph stations provided that properly licensed
radiotelegraph operators are on duty at the transmitting station or
authorized remote control point and that such licensed operators are
fully responsible for the proper operation of the transmitting
equipment.
(2) Radiotelephone stations: Radiotelephone first- or second-class
license: Provided, however, that, if manual morse code keying is
employed in accordance with Sec. 23.12, the person manipulating the
telegraph key shall be the holder of a valid radiotelegraph third-class
permit or higher class of radiotelegraph license.
(3) Radiotelegraph-Radiotelephone stations: Provisions under
paragraph (b)(1) of this section are applicable.
(4) International control stations: Radiotelegraph or radiotelephone
first- or second-class license.
(c) One or more licensed operators of the grade specified in
paragraph (b) of this section shall be on duty at the place where the
transmitting apparatus is located and in actual charge thereof when it
is being operated: Provided, however, That:
(1) In case of stations in these services operating on frequencies
above 30 MHz, the Commission may authorize unattended operation upon
application therefor and showing that the equipment is so designed and
constructed as to make such operation feasible. When such unattended
operation is authorized, properly licensed operators shall be on duty at
a terminal of the system of which the unattended station or stations are
a part or shall be available on call to perform necessary maintenance
duties.
(2) In the case of a station where remote control is used, the
Commission may grant authority to employ an operator or operators at the
control point in lieu of the place where the transmitting apparatus is
located, provided that the following conditions are complied with:
(i) The transmitter shall be so installed and protected that it is
not accessible to other than duly authorized persons.
[[Page 127]]
(ii) A device shall be provided at the remote control point which
gives a continuous visual indication whenever the control circuits have
been placed in a condition to activate the radio transmitting apparatus.
(iii) Provision shall be made to monitor aurally all transmissions
originating under control of the responsible operator at the remote
point.
(iv) The radiation of the transmitter shall be suspended immediately
when there is a deviation from the terms of the station license or
applicable provisions of this chapter.
(v) When remote control of a transmitter is performed from a
separate location such as a message center or telephone exchange and
manual morse code keying is not used, the operator(s) at that point need
not be licensed by the Commission provided that licensed operator(s) are
on duty at the transmitter location or authorized remote control point
at all times that the station is in operation, and they are fully
responsible for the proper operation of the transmitting equipment. If
manual morse code keying is used at a remote control point, the
provisions of paragraph (b)(1) of this section shall apply.
(3) When a radio station is radiating, all adjustments or tests
during or coincident with the installation and servicing or maintenance
of the transmitter and its associated equipment which may affect the
quality of transmission or possibly cause the station radiation to
exceed the limits specified in its instrument of authorization or in the
rules pertaining to such station shall be made by or under the immediate
supervision and responsibility of a person holding the proper license,
who shall be responsible for the proper functioning of the radio
facilities. A radiotelephone station must be under the supervision of a
person holding a radiotelephone or radiotelegraph first- or second-class
license, and a radiotelegraph station must be under the supervision of a
person holding a radiotelegraph first- or second-class license.
(4) When a radio station is not radiating, persons of appropriate
technical skill, who are not licensed radio operators, may perform the
functions described in paragraph (c)(3) of this section without direct
supervision after having been authorized to do so by the responsible
licensed operator under whose immediate supervision the facilities shall
thereafter initially be placed in operation and be determined to be
operating properly.
[38 FR 22480, Aug. 21, 1973]
Sec. 23.47 Station records.
(a) Station records shall be kept in an orderly manner, and in such
detail that the data required is readily available. Key letters,
abbreviations, or symbols may be used if proper meaning or explanation
is set forth in the record.
(b) Each entry in the records of a station shall be made by a person
qualified to do so and having actual knowledge of the facts to be
recorded, and each entry shall clearly identify the person making the
entry. Each entry or group of entries shall be certified by the
signature of the person or persons responsible: Provided, That each
physical page contain such certification: And provided further, That any
such group of entries contain entries made only during a single daily
period of duty.
(c) No record or portions thereof shall be erased, obliterated, or
willfully destroyed within the required retention period. Any necessary
correction may be made only by the person originating the entry, who
shall strike out the erroneous portion, initial the corrections made,
and indicate the date of correction.
(d) The records required by this part shall be retained for a period
of at least 1 year: Provided, that:
(1) Records involving communications incident to a disaster or which
include communications incident to, or involved in, an investigation by
the Commission and concerning which the licensee has knowledge shall be
retained by the licensee until specifically authorized in writing by the
Commission to destroy them.
(2) Records incident to or involved in any claim or complaint of
which the licensee has knowledge shall be retained by the licensee until
such claim or complaint has been fully satisfied or
[[Page 128]]
until the same has been barred by statute limiting the time for the
filing of suit upon such claim.
[38 FR 22481, Aug. 21, 1973]
Sec. 23.48 Content of station records.
(a) For each station in the services under this part, except
stations in the international fixed public control service, the licensee
shall maintain a technical log of the station operating showing:
(1) Signature of each licensed operator responsible for the
operation of the transmitting equipment and an indication of his hours
of duty.
(2) Hours of use of each frequency assignment and type of emission
indicating time of beginning and end of each period of operation and
points of communication to which each frequency is used (or area if
service is pursuant to Sec. 23.53).
(3) Hours of use of each transmitter indicating time of beginning
and end of each period of operation.
(4) Power input to the final stage of each transmitter.
(5) Dates and results of each frequency measurement.
(b) For stations in the international fixed public control service,
the licensee shall maintain a technical log of the station operating
showing:
(1) Normal hours of operation and dates and times of interruptions
to service.
(2) Dates and results of each frequency measurement.
(3) When service or maintenance duties are performed, the
responsible operator shall sign and date the station record giving
pertinent details of all duties performed by him or under his
supervision; his name and the class, serial number, and date of
expiration of his license.
(c) For each station having an antenna structure which is required
to be obstruction-lighted, appropriate entries shall be made in the
station's technical log as required by Sec. 23.39.
[38 FR 22481, Aug. 21, 1973]