CODE OF FEDERAL REGULATIONS
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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.
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Title 17 through Title 27
Title 28 through Title 41
Title 42 through Title 50
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Title 47—
Part 73 contains a numerical designation of FM broadcast channels (§ 73.201) and a table of FM allotments designated for use in communities in the United States, its territories, and possessions (§ 73.202). Part 73 also contains a numerical designation of television channels (§ 73.603) and a table of allotments which contain channels designated for the listed communities in the United States, its territories, and possessions (§ 73.606).
The OMB control numbers for the Federal Communications Commission, appear in § 0.408 of chapter I. For the convenience of the user § 0.408 is reprinted in the Finding Aids section of the second through fifth volumes.
A redesignation table appears in the Finding Aids section of the volume containing part 80 to end.
For this volume, Ann E. Worley was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
(This book contains part 80 to end)
Annual Reports of the Federal Communications Commission to Congress.
Federal Communications Commission Reports of Orders and Decision.
Communications Act of 1934 (with amendments and index thereto), Recap. Version May 1989.
Study Guide and Reference Material for Commercial Radio Operator Examinations, May 1987 edition.
Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.
This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued.
(a)
(b)
The Commandant, U.S. Coast Guard has promulgated regulations which affect radiotelecommunication equipment carriage and power source installation requirements for certain ships. Inquiries concerning applicable U.S. Coast Guard regulations are to addressed to the Commandant, U.S. Coast Guard, Washington, DC 20593, or to the nearest District Headquarters Office of the U.S. Coast Guard.
Other FCC rule parts applicable to licensees in the maritime services include the following:
(a)
(b)
(c)
(d)
(e)
(f) Part 20 of this chapter which governs commercial mobile radio services which include subpart J of this part (public coast stations).
(g)
(h)
(i)
(j)
(k)
(2) A
(3) The term
(4)
(5)
(6)
(7)
(2) Where the word
(1) In radiotelegraphy, the international distress signal consists of the group “three dots, three dashes, three dots”, transmitted as a single signal in which the dashes are emphasized so as to be distinguished clearly from the dots.
(2) In radiotelephony, the international distress signal consists of the enunciation of the word “Mayday”, pronounced as the French expression “m'aider”. In case of distress, transmission of this particular signal is intended to ensure recognition of a radiotelephone distress call by stations of any nationality.
(2) In radiotelegraphy, the international safety signals consists of three repetitions of the group “TTT”, sent before the call, with the letters of each group and the successive groups clearly separated from each other.
(3) In radiotelephony, the international safety signal consists of three oral repetitions of “Security”, pronounced as the French word “Securite”, sent before the call.
(2) In radiotelegraphy, the international urgency signal consists of three repetitions of the group “XXX”, sent before the call, with the letters of each group and the successive groups clearly separated from each other.
(3) In radiotelephony, the international urgency signal consists of three oral repetitions of the group of words “PAN PAN”, each word of the group pronounced as the French word “PANNE” and sent before the call.
This subpart contains the procedures and requirements for the filing of applications for licenses to operate radio facilities in the maritime services. Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the FCC.
(a) Except as noted in paragraph (c) of this section, stations in the maritime service must be licensed by the FCC either individually or by fleet.
(b) One ship station license will be granted for operation of all maritime services transmitting equipment on board a vessel. Radiotelegraph and narrow-band directing-printing equipment will not be authorized, however, unless specifically requested by the applicant.
(c) A ship station is licensed by rule and does not need an individual license issued by the FCC if the ship station is not subject to the radio equipment carriage requirements any statute, treaty or agreement to which the United States is signatory, the ship station does not travel to foreign ports, and the ship station does not make international communications. A ship station licensed by rule is authorized to transmit radio signals using a marine radio operating in the 156-162 MHz band, any type of EPIRB, and any type of radar installation. All other transmissions must be authorized under a ship station license. Even though an individual license is not required, a ship station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part.
(a)
(b)
(1) Any alien or the representative of any alien;
(2) Any foreign government or its representative;
(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 its representative, or by a 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 its representatives, 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.
(c)
(d)
(1) The owner or operator of the vessel;
(2) A subsidiary communications corporation of the owner or operator of the vessel;
(3) A State or local government subdivision; or
(4) Any agency of the U.S. Government subject to section 301 of the Communications Act.
(e)
(i) For use on board vessels operating within 32 kilometers (approximately 20 miles) of shore and in the Great Lakes, or
(ii) On passenger and cargo vessels with survival craft as required or recommended by the U.S. Coast Guard.
(2) Class A or B EPIRB stations will be authorized for use on board the following types of vessels:
(i) Vessels authorized to carry survival craft; or
(ii) Vessels expected to travel in waters beyond the range of marine VHF distress coverage which is generally considered to be more than 32 kilometers (approximately 20 miles) offshore; or
(iii) Vessels required to be fitted with EPIRB's to comply with U.S. Coast Guard regulations.
(3) A 406.025 MHz EPIRBs may be used by any ship required by U.S. Coast Guard regulations to carry an EPIRB or by any ship that is equipped with a VHF ship radio station.
(a) Stations in the Maritime Mobile Service are licensed according to class of station as follows:
(1) Public coast stations.
(2) Private coast stations.
(3) Maritime support stations.
(4)
(5) Marine utility stations.
(b) Stations on land in the Maritime Radiodetermination Service are licensed according to class of station as follows:
(1) Shore radiolocation stations.
(2) Shore radionavigation stations.
(c) Fixed stations in the Fixed Service associated with the maritime services are licensed as follows:
(1) Operational fixed stations.
(2) Alaska-public fixed stations.
(3) Alaska-private fixed stations.
Applications must contain supplementary information as indicated in this section. Other supplemental information may be required by other rule sections of this part concerning particular maritime services.
(a) Each application for a new public coast station operating on frequencies in the band 156-162 MHz must include as supplementary information a chart, with supporting data, showing the service area contour computed in accordance with subpart P of this part.
(b) Each application for a new public coast station operating on frequencies in the band 156-162 MHz to be located within the coordination boundaries of “Arrangement “A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz”, must comply with the provisions of the “Canada/U.S.A. Channeling Agreement for VHF Maritime, Public Correspondence” as contained in § 80.57.
(c) A new station on a vessel not located in the United States must not be documented or otherwise registered by any foreign authority. The foreign authorities where the vessel is located will not or cannot license the vessel radio equipment and can not object to the licensing of the equipment by the United States. An applicant must provide verification of these facts upon request by the Commission.
At 63 FR 68955, Dec. 14, 1998, § 80.21 was amended by removing paragraphs (a), (b), and (f); redesignating paragraphs (c), (d), and (e) as (a), (b), and (c); and revising the introductory test and newly redesignated paragraph (c). This section contains information collection and recordkeeping requirements, and the amendments will not become effective until approval has been given by the Office of Management and Budget.
(a) Licenses for ship stations in the maritime services will normally be issued for a term of ten years from the date of original issuance, or renewal.
(b) Licenses other than ship stations in the maritime services will normally be issued for a term of five years from the date of original issuance or renewal, except that licenses for VHF public coast stations will normally be issued for a term of ten years from the date of original issuance or renewal.
(c) Licenses for stations engaged in developmental operation will be issued for a period not to exceed one year from date of grant.
Wireless telecommunications carriers subject to this part must comply with the discontinuance of service provisions of part 63 of this chapter.
This section contains rules about the licensing of developmental operations at stations subject to this part.
(a)
(b)
(1) The applicant has an organized plan of development leading to an objective;
(2) A point has been reached in the program where actual transmission by radio is essential to progress;
(3) The program will contribute to the use of the radio services subject to this part;
(4) The program will be conducted by qualified personnel;
(5) The applicant is legally qualified and possesses technical facilities for conduct of the program as proposed; and
(6) The public interest, convenience and necessity will be served by the proposed operation.
(c)
(d)
(e)
(2) Where some phases of the developmental program are not covered by the general rules of the Commission and the rules in this part, the Commission may specify supplemental or additional requirements or conditions.
(3) The Commission may, from time to time, require a station engaged in developmental work to conduct special tests which are reasonable to the authorized developmental program.
(f)
(2) Communication with any station of a country other than the United States is prohibited unless specifically provided in the station authorization.
(3) Developmental operations must not cause harmful interference to the operation of stations regularly authorized to use the frequency or frequencies.
(g)
(1) Results of operation to date.
(2) Analysis of the results obtained.
(3) Copies of any published reports.
(4) Need for continuation of the program.
(5) Number of hours of operation on each authorized frequency during the term of the license to the date of the report.
At 63 FR 68955, Dec. 14, 1998, § 80.33 was amended by revising the introductory text of paragraph (b) and paragraph (c). This section contains information collection and recordkeeping requirements, and the amendments will not become effective until approval has been given by the Office of Management and Budget.
(a) The licensee of each station is the same; and
(b) The authorized area of operation of each station is the same.
This section describes the circumstances under which a coast station location is classified as permanent or temporary unspecified.
(a)
(b)
This section applies to coast or fixed stations at permanent locations.
(a) Applicants must provide the address or location of the control point where station records will be kept.
(b) When the address or location of a control point where station records are kept is to be changed, the licensee must request a modification of the station license.
(c) Control points not collocated with station records and dispatch points may be installed and used without obtaining any authorization from the Commission.
Transmitters listed in § 80.203 must be authorized for a particular use by the Commission based upon technical requirements contained in subparts E and F of this part.
For applications other than ship stations, the applicant must propose frequencies and ensure that those requested frequencies are consistent with the applicant's eligibility, the proposed class of station operation, and the frequencies available for assignment as contained in subpart H of this part.
A station may be used for emergency communications when normal communication facilities are disrupted. The Commission may order the discontinuance of any such emergency communication service.
(a)
(2) For LF, MF, HF, and AMTS band public coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, the licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies authorized have been placed in operation within eight months from the date of the grant.
(b)
(a) [Reserved]
(b) A ship earth station authorized to operate the INMARSAT space segment must display the Commission license in conjunction with the commissioning certificate issued by the INMARSAT Organization. Ship earth stations that were operating in the MARISAT system and are not commissioned by the INMARSAT Organization will continue to be used in the INMARSAT system without a commissioning certificate issued by the INMARSAT Organization. The continued use of such equipment, however, will not be permitted after September 1, 1991, unless a commissioning certificate is obtained from the INMARSAT Organization. Notwithstanding the requirements in this paragraph, ship earth stations can operate in the INMARSAT space segment without an INMARSAT issued commissioning certificate provided an appropriate written approval is obtained from the INMARSAT Organization in addition to the Commission's license.
The Commission may grant a license permitting operation of a portable ship station aboard different vessels of the United States.
At 63 FR 68956, Dec. 14, 1998, § 80.53 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
AMTS licensees will be issued blanket authority for a system of coast stations and mobile units (subscribers). AMTS applicants will specify the maximum number of mobile units to be placed in operation during the license period.
(a) An applicant may apply for licenses for two or more radiotelephone stations aboard different vessels on the same application. Under these circumstances a fleet station license may be issued for operation of all radio stations aboard the vessels in the fleet.
(b) The fleet station license is issued on the following conditions:
(1) The licensee must keep a current list of vessel names and registration numbers authorized by the fleet license;
(2) The vessels do not engage in voyages to any foreign country;
(3) The vessels are not subject to the radio requirements of the Communications Act or the Safety Convention.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6) Inland waters of western Washington and British Columbia bounded by 46°59′59.3″ north latitude on the south, the Canada/U.S.A. Coordination Zone Line B on the south, and to the west by 124°40′4.7″ west latitude at the west entrance to the Strait of Juan de Fuca.
All coordinates are referenced to North American Datum 1983 (NAD83).
(7)
(8)
(9)
(10)
(c)
(1)
(2)
(3)
(4)
(5) Harmful interference will be determined and resolved using the definition and procedures of the ITU Radio Regulations.
(6) To keep the ERP and antenna elevations at a minimum and to limit coverage to the desired areas, an informal application may be filed for special temporary authority in accordance with §§ 1.41 and 1.931 of this chapter to conduct a field survey to obtain necessary data for informal application.
(d)
(2) The channeling arrangement applies to the following VHF public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87 and 28.
(3) Public correspondence stations may be established by either country in accordance with the provisions of the arrangements. However, there must be an exchange of information prior to the establishment of new stations or a change in technical parameters of existing stations. Any channel except that used as primary or supplementary channel in a given sector is available for use as a local channel in that sector. Local channels are not protected from interference caused by primary or supplementary channels in adjacent sectors if these stations are in compliance with this section.
(4) Preliminary local Canadian/U.S. coordination is required for all applications at variance with this section. This coordination will be in accordance with the provisions of Arrangement “A” of the Canada/U.S. Frequency Coordination Agreement over 30 MHz. Stations at variance with the arrangement are not protected from interference and must not cause interference to existing or future stations which are in accordance with the agreement.
(5) Stations in existence at the time of the arrangement must have complied with the provisions of the arrangement within 12 months after it became effective with the following exceptions:
(i) Public coast (VHF) stations:
(ii) These stations employing frequencies assigned at the time of the arrangement may be maintained with existing antenna heights in excess of 152 meters (500 feet) unless harmful interference to existing stations is identified and reported directly to the Federal Communications Commission or through the Public Correspondence Committee of the North Pacific Marine Radio Council.
(6) The agreed channeling arrangements for the west coast are as follows:
(e)
(1) The provisions of the arrangement apply to the waters of the Great Lakes and the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz.
(2) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.
(3) Canada and the U.S.A. use the following channeling arrangement:
(i) Canadian channels: 24, 85, 27, 88 (Note 1).
(ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).
(iii) Shared channels: 26 (Note 3).
1. Also assignable to U.S. Stations within the frequency coordination zone following successful coordination with Canada.
2. Also assignable to Canadian station within the frequency coordination zone following successful coordination with the United States.
3. Changes to existing assignments and new assignments within the frequency coordination zone of either country are subject to prior coordination with the other Administration.
(f)
(1) The provisions of the arrangement apply to the Canadian and U.S.A. east coast waters including the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz.
(2) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.
(3) Canada and the U.S.A. use the following channeling arrangement:
(i) Canadian channels: 24, 85, 27, 88 (Note 1).
(ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).
(iii) Shared channel: 26 (Note 3).
1. Also assignable to U.S. stations within the frequency coordination zone following successful coordination with Canada.
2. Also assignable to Canadian stations within the frequency coordination zone following successful coordination with the United States.
3. Changes to existing assignments and new assignments within the frequency coordination zone of either country are subject to prior coordination with the other Administration.
(a) Inspection of ships subject to the Communications Act or the Safety Convention.
(1) The FCC will not normally conduct the required inspections of ships subject to the inspection requirements of the Communications Act or the Safety Convention.
Nothing in this section prohibits Commission inspectors from inspecting ships. The mandatory inspection of U. S. vessels must be conducted by an FCC-licensed technician holding an FCC General Radiotelephone Operator License, GMDSS Radio Maintainer's License, Second Class Radiotelegraph Operator's Certificate, or First Class Radiotelegraph Operator's Certificate in accordance with the following table:
(2) A certification that the ship has passed an inspection must be entered into the ship's log by the inspecting technician. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or employee or their affiliates. Additionally, the vessel owner, operator, or ship's master must certify in the station log that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to paragraph (a)(1) of this section. An inspection of
(3) Additionally, for passenger vessels operated on an international voyage the inspecting technician must send a completed FCC Form 806 to the Officer in Charge, Marine Safety Office, United States Coast Guard in the Marine Inspection Zone in which the ship is inspected.
(4) In the event that a ship fails to pass an inspection the inspecting technician must make a log entry detailing the reason that the ship did not pass the inspection. Additionally, the technician must notify the vessel owner, operator, or ship's master that the vessel has failed the inspection.
(5) Because such inspections are intended to ensure the availability of communications capability during a distress the Commission will vigorously investigate reports of fraudulent inspections, or violations of the Communications Act or the Commission's Rules related to ship inspections. FCC-licensed technicians, ship owners or operators should report such violations to the Commission through its National Call Center at 1-888-CALL FCC (1-888-225-5322).
(b) Inspection and certification of a ship subject to the Great Lakes Agreement. The FCC will not inspect Great Lakes Agreement vessels. An inspection and certification of a ship subject to the Great Lakes Agreement must be made by a technician holding one of the following: an FCC General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. The certification required by § 80.953 must be entered into the ship's log. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or an employee of any of them. Additionally, the vessel owner, operator, or ship's master must certify that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to § 80.59(b).
(c)
(i) Name of ship;
(ii) Call sign of ship;
(iii) Official number of ship;
(iv) Gross tonnage of ship;
(v) The radio station requirements from which the exemption is requested:
(A) Radiotelephone (VHF/MF);
(B) Radiotelegraph; and/or
(C) Radio direction finding apparatus;
(vi) File number of any previously granted exemption;
(vii) Detailed description of the voyages for which the exemption is requested, including:
(A) Maximum distance from nearest land in nautical miles;
(B) Maximum distance between two consecutive ports in nautical miles; and
(C) Names of all ports of call and an indication of whether travel will include a foreign port;
(viii) Reasons for the exemption:
(A) Size of vessel;
(B) Variety of radio equipment on board;
(C) Limited routes; and/or
(D) Conditions of voyages;
(ix) A copy of the U.S. Coast Guard Certificate of Inspection an indication of whether the vessel is certified as a Passenger or Cargo ship (for passenger ships, list the number of passengers the ship is licensed to carry); and
(x) Type and quantity of radio equipment on board, including:
(A) VHF Radio Installation (indicate if GMDSS approved);
(B) Single Side-Band (SSB) (indicate the band of operation, MF or HF and indicate if GMDSS approved);
(C) Category 1, 406 MHz EPIRB (GMDSS approved);
(D) NAVTEX Receiver (GMDSS approved);
(E) Survival Craft VHF (GMDSS approved);
(F) 9 GHz Radar Transponder (GMDSS approved);
(G) Ship Earth Station;
(H) 500 kHz Distress Frequency Watch Receiver;
(I) 2182 Radiotelephone Auto Alarm;
(J) Reserve Power Supply (capability); and
(K) Any other equipment.
(2) Feeable applications for exemption must be filed with Mellon Bank, Pittsburgh, Pennsylvania at the address set forth in § 1.1102. Waiver requests that do not require a fee should be submitted via the Universal Licensing System or to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Emergency requests must be filed with the Federal Communications Commission, Office of the Secretary, 445 Twelfth Street, SW., TW-B204, Washington, DC 20554.
With emergency requests, do not send the fee, you will be billed.
(d)
(i) The ship's name and radio call sign;
(ii) The name of the first United States port of arrival directly from a foreign port;
(iii) The date of arrival;
(iv) The date and port at which annual inspection will be formally requested to be conducted;
(v) The reason why an FCC-licensed technician could not perform the inspection; and
(vi) A statement that the ship's compulsory radio equipment is operable.
(2) Vessels that are navigated on voyages outside of the United States for more than 12 months in succession are exempted from annual inspection required by section 362(b) of the Communications Act, provided that the vessels comply with all applicable requirements of the Safety Convention, including the annual inspection required by Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed technician in accordance with this section within 30 days of arriving in the United States.
(a)
(b)
(2)
(3)
(c)
(d)
(2)
All stations and required station records must be made available for inspection by authorized representatives of the Commission.
(a) The power of each radio transmitter must not be more than that necessary to carry on the service for which the station is licensed.
(b) Except for transmitters using single sideband and independent sideband emissions, each radio transmitter rated by the manufacturer for carrier power in excess of 100 watts must contain the instruments necessary to determine the transmitter power during its operation.
(a) All coast stations licensed to transmit in the band 156-162 MHz must be able to transmit and receive on 156.800 MHz and at least one working frequency in the band.
(b) All coast stations that operate telephony on frequencies in the 1605-3500 kHz band must be able to transmit and receive using J3E emission on the frequency 2182 kHz and at least one working frequency in the band. In addition, each such public coast station must transmit and receive H3E emission on the frequency 2182 kHz.
Public coast station using telegraphy must be provided with the following facilities.
(a) Stations having a frequency assignment below 150 kHz must:
(1) Transmit A1A emission on at least one working frequency within the band 100-150 kHz;
(2) Receive A1A emission on all radio channels authorized for transmission
(b) Stations having a frequency assignment within the 405-525 kHz band must transmit and receive on 500 kHz and at least one working frequency in the band.
(c) Stations having frequency assignments above 4000 kHz must be equipped to receive on each of their assigned frequencies and all ship station radiotelegraphy frequencies in the same sub-band as the assigned frequency of the coast station. See subpart H of this part for the list of frequencies.
Public coast stations using telephony must be provided with the following facilities.
(a) When the station is authorized to use frequencies in the 1605-3500 kHz band, equipment meeting the requirements of § 80.67(b) must be installed at each transmitting location.
(b) The transmitter power on the frequency 2182 kHz must not exceed 50 watts carrier power for normal operation. During distress, urgency and safety traffic, operation at maximum power is permitted.
(a) Coast stations which transmit on the same radio channel above 150 MHz must minimize interference by reducing radiated power, by decreasing antenna height or by installing directional antennas. Coast stations at locations separated by less than 241 kilometers (150 miles) which transmit on the same radio channel above 150 MHz must also consider a time-sharing arrangement. The Commission may order station changes if agreement cannot be reached between the involved licensees.
(b) Coast stations which transmit on a radio channel above 150 MHz and are located within interference range of any station within Canada or Mexico must minimize interference to the involved foreign station(s), and must notify the Commission of any station changes.
(c) A VHF (156-162 MHz) public coast station licensee initially authorized on any of the channels listed in the table in § 80.371(c)(1)(i) of this part may transfer or assign its channel(s) to another entity. If the proposed transferee or assignee is the geographic area licensee for the geographic area to which the channel is allocated, such transfer or assignment will be deemed to be in the public interest. However, such presumption will be rebuttable.
Each coast station, Alaska-public fixed station and Alaska-private fixed station must provide operating controls in accordance with the following:
(a) Each station using telegraphy or telephony must be capable of changeover from transmission to reception and vice versa within two seconds excluding a change in operating radio channel.
(b) During it hours of service, each station must be capable of:
(1) Commencing operation within one minute after the need to do so occurs;
(2) Discontinuing all emission within five seconds after emission is no longer desired. The emission of an unattended station in an automated multistation system at which restoration to standby is automatic on conclusion of a call must be discontinued within three seconds of the disconnect signal or, if a disconnect signal is not received, within twenty seconds after reception of the final carrier transmission from a ship station.
(c) Each station using a multichannel installation for telegraphy must be capable of changing from one telegraphy channel to any other telegraphy channel within the same sub-band below 525 kHz within five seconds. This requirement need not be met by equipment intended for use only in emergencies and not used for normal communication.
(d) Every coast station using a multi-channel installation for radiotelephony must be capable of changing from one telephony channel to another telephony channel within:
(1) Five seconds within the frequency band 1605-3500 kHz; or
(2) Three seconds within the band 156-162 MHz. This requirement also applies to marine utility stations.
All emissions of a coast station a marine-utility station operated on shore using telephony within the frequency band 30-200 MHz must be vertically polarized.
A “busy” signal, when used by a public coast station in accordance with the provisions of § 80.111(d), must consist of the transmission of a single audio frequency regularly interrupted, as follows:
(a)
(b)
(c)
Each coast or fixed station subject to this part must have the following facilities:
(a) Except for marine utility stations, a visual indication of antenna current; or a pilot lamp, meter or equivalent device which provides continuous visual indication whenever the transmitter control circuits have been actuated.
(b) Capability to aurally monitor all transmissions originating at dispatch points and to disconnect the dispatch points from the transmitter or to terminate the operation of the transmitter.
(c) Facilities which will permit the responsible operator to turn the carrier of the radio transmitter on and off at will.
The Governments or appropriate administrations of countries which a ship visits may require the license of the ship station or ship earth station to be produced for examination. When the license cannot be produced without delay or when irregularities are observed, Governments or administrations may inspect the radio installations to satisfy themselves that the installation conforms to the conditions imposed by the Radio Regulations.
(a) Each control point must be capable of:
(1) Starting and discontinuing operation of the station;
(2) Changing frequencies within the same sub-band;
(3) Changing from transmission to reception and vice versa.
(4) In the case of stations operating in the 156-162 MHz bands, reducing power output to one watt or less in accordance with § 80.215(e).
(b) Each ship station using telegraphy must be capable of changing from telegraph transmission to telegraph reception and vice versa without manual switching.
(c) Each ship station using telephony must be capable of changing from transmission to reception and vice versa within two seconds excluding a change in operating radio channel.
(d) During its hours of service, each ship station must be capable of:
(1) Commencing operation within one minute;
(2) Discontinuing all emission within five seconds after emission is no longer desired.
(e) Each ship station using a multi-channel installation for telegraphy (except equipment intended for use only
(1) Five seconds if the channels are within the same sub-band; or
(2) Fifteen seconds if the channels are not within the same sub-band.
(f) Each ship station and marine-utility station using a multi-channel installation for telephony must be capable of changing from one radio channel to another within:
(1) Five seconds within the band 1605-3500 kHz; or
(2) Three seconds within the band 156-162 MHz.
(g)(1) Any telegraphy transmitter constructed since January 1, 1952, that operates in the band 405-525 kHz with an output power in excess of 250 watts must be capable of reducing the output power to 150 watts or less.
(2) The requirement of paragraph (g)(1) of this section does not apply when there is available in the same station a transmitter capable of operation on the international calling frequency 500 kHz and at least one working frequency within the band 405-525 kHz, capable of being energized by a source of power other than an emergency power source and not capable of an output in excess of 100 watts when operated on such frequencies.
All telephony emissions of a ship station or a marine utility station on board ship within the frequency band 30-200 MHz must be vertically polarized.
Any license or renewal application for a ship earth station that will cause exposure to radiofrequency (RF) radiation in excess of the RF exposure guidelines specified in § 1.1307(b) of the Commission's Rules must comply with the environmental processing rules set forth in §§ 1.1301-1.1319 of this chapter.
In addition to being regulated by these rules, the use and operation of stations subject to this part are governed by the Radio Regulations and the radio provisions of all other international agreements in force to which the United States is a party.
Each radio channel is available for use on a shared basis only and is not available for the exclusive use of any one station or station licensee. Station licensees must cooperate in the use of their respective frequency assignments in order to minimize interference and obtain the most effective use of the authorized radio channels.
The station licensee, the master of the ship, the responsible radio operators and any person who may have knowledge of the radio communications transmitted or received by a fixed, land, or mobile station subject to this part, or of any radio-communication service of such station, must observe the secrecy requirements of the Communications Act and the Radio Regulations. See sections 501, 502, and 705 of the Communications Act and Article 23 of the Radio Regulations.
Stations must not:
(a) Engage in superfluous radio-communication.
(b) Use telephony on 243 MHz.
(c) Use selective calling on 2182 kHz or 156.800 MHz.
(d) When using telephony, transmit signals or communications not addressed to a particular station or stations. This provision does not apply to the transmission of distress, alarm, urgency, or safety signals or messages, or to test transmissions.
(e) When using telegraphy, transmit signals or communications not addressed to a particular station or stations, unless the transmission is preceded by CQ or CP or by distress,
(f) Transmit while on board vessels located on land unless authorized under a public coast station license. Vessels in the following situations are not considered to be on land for the purposes of this paragraph:
(1) Vessels which are aground due to a distress situation;
(2) Vessels in drydock undergoing repairs; and
(3) State or local government vessels which are involved in search and rescue operations including related training exercises.
(g) Transmit on frequencies or frequency bands not authorized on the current station license.
Transmission must be suspended immediately upon detection of a transmitter malfunction and must remain suspended until the malfunction is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended as soon as the emergency is terminated.
(a) The order of priority of radiotelegraph communications is as follows:
(1) Distress calls including the international distress signal for radiotelegraphy, the international radiotelegraph alarm signal, the international radiotelephone alarm signal, distress messages and distress traffic.
(2) Communications preceded by the international radiotelegraph urgency signal.
(3) Communications preceded by the international radiotelegraphy safety signal.
(4) Communications relative to radio direction-finding bearings.
(5) Communications relative to the navigation and safe movement of aircraft.
(6) Communications relative to the navigation, movements, and needs of ships, including weather observation messages destined for an official meteorological service.
(7) Government communications for which priority right has been claimed.
(8) Service communications relating to the working of the radio-communication service or to communications previously transmitted.
(9) All other communications.
(b) The order of priority of radiotelephone communications is as follows:
(1) Distress calls including the international distress signal for radiotelephony, the international radiotelephone alarm signal, distress messages and distress traffic.
(2) Communications preceded by the international radiotelephone urgency signal, or known to the station operator to consist of one or more urgent messages concerning the safety of a person, aircraft or other mobile unit.
(3) Communications preceded by the international radiotelephone safety signal, or known to the station operator to consist of one or more messages concerning the safety of navigation or important meteorological warnings.
(4) Communications known by the station operator to consist of one or more messages relative to the navigation, movements and needs of ships, including weather observation messages destined for an official meteorological service.
(5) Government communications for which priority right has been claimed.
(6) All other communications.
(a) The station operator must determine that the frequency is not in use by monitoring the frequency before transmitting, except for transmission of signals of distress.
(b) When a radio-communication causes interference to a communication which is already in progress, the interfering station must cease transmitting at the request of either party to the existing communication. As between nondistress traffic seeking to commence use of a frequency, the priority is established under § 80.91.
(c) Except in cases of distress, communications between ship stations or between ship and aircraft stations must not interfere with public coast
(a)
(b)
(2) Unless otherwise authorized by the Commission upon adequate showing of need, each public coast station authorized to operate on frequencies in the 3000-23,000 kHz band must maintain continuous hours of service.
(c)
(d)
When communicating with a coast station or any Government station in the maritime mobile service, ship stations must comply with the instruction given by the coast station or Government station relative to the order and time of transmission, the choice of frequency, the suspension of communication and the permissible type of message traffic that may be transmitted. This provision does not apply in the event of distress.
(a) Charges must not be made for service of:
(1) Any public coast station unless tariffs for the service are on file with the Commission;
(2) Any station other than a public coast station or an Alaska—public fixed station, except cooperatively shared stations covered by § 80.503;
(3) Distress calls and related traffic; and
(4) Navigation hazard warnings preceded by the SAFETY signal.
(b) The licensee of each ship station is responsible for the payment of all charges accruing to any other station(s) or facilities for the handling or forwarding of messages or communications transmitted by that station.
(c) In order to be included in the ITU List of Coast Stations public coast stations must recognize international Accounting Authority Identification Codes (AAIC) for purposes of billing and accounts settlement in accordance with Article 66 of the Radio Regulations. Stations which elect not to recognize international AAIC's will be removed from the ITU List of Coast Stations.
Stations are authorized to engage in test transmissions necessary for maintenance of the station. Test transmissions must conform to appropriate test operating procedures.
This section applies to ships and coast stations authorized to transmit in the band 405-525 kHz.
(a) Except for the transmission of distress or urgency signals, all transmissions must cease within the band 485-515 kHz during each 500 kHz silence period.
(b) Stations transmitting telegraphy must use the service abbreviations (“Q” code) listed in Appendix 14 to the Radio Regulations.
(c) The call consists of:
(1) The call sign of the station called, not more than twice; the word “DE”
(2) If the call is transmitted twice at an interval of not less than one minute, it must not be repeated until after an interval of three minutes.
(d) The reply to calls consists of: The call sign of the calling station, not more than twice; the word “DE”; and the call sign of the station called, once only.
(a) Stations authorized to use telegraphy may conduct tests on any assigned frequency. Emissions must not cause harmful interference. When radiation is necessary the radiotelegraph testing procedure described in this paragraph must be followed:
(1) The operator must not interfere with transmissions in progress.
(2) The operator must transmit “IE” (two dots, space, one dot) on the test frequency as a warning that test emissions are about to be made. When the frequency of the test emission is within the frequency band 405-525 kHz, a watch must be maintained on 500 kHz throughout the test period.
(3) If any station transmits “AS” (wait), testing must be suspended. When transmission of “IE” is resumed and no response is heard, the test may proceed.
(4) Test signals composed of a series of “VVV” having a duration of not more than ten seconds, followed by the call sign of the testing station will be transmitted. The call sign must be sent clearly at a speed of approximately 10 words per minute. This test transmission must not be repeated until a period of at least one minute has elapsed. On 500 kHz in a region of heavy traffic, at least five minutes must elapse before the test transmission is repeated.
(b) When testing is conducted on 500 kHz, no tests will be conducted during the 500 kHz silence periods. Care must be exercised not to so prolong and space the dash portion of the “VVV” series as to form the alarm signal.
(c) When testing is conducted on any frequency in the band 8362-8366 kHz, tests must not actuate any automatic alarm receiver.
This section applies to coast, ship and survival craft stations authorized to transmit in the band 405-525 kHz.
(a) The station transmitting radiotelegraph emissions must be identified by its call sign. The call sign must be transmitted with the telegraphy emission normally used by the station. The call sign must be transmitted at 20 minute intervals when transmission is sustained for more than 20 minutes. When a ship station is exchanging public correspondence communications, the identification may be deferred until completion of each communication with any other station.
(b) The requirements of this section do not apply to survival craft stations when transmitting distress signals automatically or when operating on 121.500 MHz for radiobeacon purposes.
(c) Emergency position indicating radiobeacon stations do not require identification.
The code employed for telegraphy must be the Morse code specified in the Telegraph Regulations annexed to the International Telecommunication Convention. Pertinent extracts from the Telegraph Regulations are contained in the “Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services” published by the International Telecommunication Union.
This section is applicable to all stations using telephony except where otherwise specified.
(a) Station licensees must not cause harmful interference. When radiation is necessary or unavoidable, the testing procedure described below must be followed:
(1) The operator must not interfere with transmissions in progress.
(2) The testing station's call sign, followed by the word “test”, must be announced on the radio-channel being used for the test.
(3) If any station responds “wait”, the test must be suspended for a minimum of 30 seconds, then repeat the call sign followed by the word “test” and listen again for a response. To continue the test, the operator must use counts or phrases which do not conflict with normal operating signals, and must end with the station's call sign. Test signals must not exceed ten seconds, and must not be repeated until at least one minute has elapsed. On the frequency 2182 kHz or 156.800 MHz, the time between tests must be a minimum of five minutes.
(b) Testing of transmitters must be confined to single frequency channels on working frequencies. However, 2182 kHz and 156.800 MHz may be used to contact ship or coast stations as appropriate when signal reports are necessary. Short tests on 2182 kHz by vessels with DSB (A3) equipment for distress and safety purposes are permitted to evaluate the compatibility of that equipment with an A3J emission system. U. S. Coast Guard stations may be contacted on 2182 kHz or 156.800 MHz for test purposes only when tests are being conducted by Commission employees, when FCC-licensed technicians are conducting inspections on behalf of the Commission, when qualified technicians are installing or repairing radiotelephone equipment, or when qualified ship's personnel conduct an operational check requested by the U.S. Coast Guard. In these cases the test must be identified as“FCC”or“technical”.
(c) Survival craft transmitter tests must not be made within actuating range of automatic alarm receivers. Survival craft transmitters must not be tested on the frequency 500 kHz during the silence periods.
This section applies to all stations using telephony which are subject to this part.
(a) Except as provided in paragraphs (d) and (e) of this section, stations must give the call sign in English. Identification must be made:
(1) At the beginning and end of each communication with any other station.
(2) At 15 minute intervals when transmission is sustained for more than 15 minutes. When public correspondence is being exchanged with a ship or aircraft station, the identification may be deferred until the completion of the communications.
(b) Private coast stations located at drawbridges and transmitting on the navigation frequency 156.650 MHz may identify by use of the name of the bridge in lieu of the call sign.
(c) Ship stations transmitting on any authorized VHF bridge-to-bridge channel may be identified by the name of the ship in lieu of the call sign.
(d) Ship stations operating in a vessel traffic service system or on a waterway under the control of a U.S. Government agency or a foreign authoriy, when communicating with such an agency or authority may be identified by the name of the ship in lieu of the call sign, or as directed by the agency or foreign authority.
(e) VHF public coast station may identify by means of the approximate geographic location of the station or the area it serves when it is the only VHF public coast station serving the location or there will be no conflict with the identification of any other station.
(a) Operating procedures for the use of DSC equipment in the maritime mobile service are as contained in CCIR Recommendation 541 as modified by paragraph (c) of this section.
(b) When using DSC techniques, coast and ship stations must use nine digit maritime mobile service identities.
(c) DSC acknowledgement of DSC distress and safety calls must be made by designated coast stations and such acknowledgement must be in accordance with procedures contained in CCIR Recommendation 541. Nondesignated public and private coast stations must follow the guidance provided for ship stations in CCIR Recommendation 541 with respect to DSC “Acknowledgement of distress calls” and “Distress relays”.
This section applies to all maritime radar transmitters except radar beacon stations.
(a) Radar transmitters must not transmit station identification.
(b) [Reserved]
Each coast station or marine-utility station must acknowledge and receive all calls directed to it by ship or aircraft stations. Such stations are permitted to transmit safety communication to any ship or aircraft station. VHF (156-162 MHz) public coast stations may provide fixed or hybrid services on a co-primary basis with mobile operations.
(a) Each public coast station must exchange radio communications with any ship or aircraft station at sea; and each station on shipboard or aircraft at sea must exchange radio communications with any other station on shipboard or aircraft at sea or with any public coast station.
(b) Each public coast station must acknowledge and receive all communications from mobile stations directed to it, transmit all communications delivered to it which are directed to mobile stations within range in accordance with their tariffs. Discrimination in service is prohibited.
A private coast station or a marine-utility station is authorized to transmit messages necessary for the private business and operational needs of ships and the safety of aircraft.
(a) Each coast station is authorized to transmit lists of call signs in alphabetical order of all mobile stations for which they have traffic on hand. These traffic lists will be transmitted on the station's normal working frequencies at intervals of:
(1) In the case of telegraphy, at least two hours and not more than four hours during the working hours of the coast station.
(2) In the case of radiotelephony, at least one hour and not more than four hours during the working hours of the coast station.
(b) The announcement must be as brief as possible and must not be repeated more than twice. Coast stations may announce on a calling frequency that they are about to transmit call lists on a specific working frequency.
Group calls to vessels under the common control of a single entity and information for the general benefit of mariners including storm warnings, ordinary weather, hydrographic information and press materials may be transmitted by a public coast station simultaneously to a plurality of mobile stations.
The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter. In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting.
This section applies to all coast stations using telephony which are subject to this part.
(a)
(2) Coast stations must call ship stations by voice unless it is known that the particular ship station may be contacted by other means such as automatic actuation of a selective ringing or calling device.
(3) Coast stations may be authorized emission for selective calling on each working frequency.
(4) Calling a particular station must not continue for more than one minute in each instance. If the called station does not reply, that station must not again be called for two minutes. When a called station does not reply to a call sent three times at intervals of two minutes, the calling must cease for fifteen minutes. However, if harmful interference will not be caused to other communications in progress, the call may be repeated after three minutes.
(5) A coast station must not attempt to communicate with a ship station that has specifically called another coast station until it becomes evident that the called station does not answer, or that communication between the ship station and the called station cannot be carried on because of unsatisfactory operating conditions.
(6) Calls to establish communication must be initiated on an available common working frequency when such a frequency exists and it is known that the called ship maintains a simultaneous watch on the common working frequency and the appropriate calling frequency(ies).
(b)
(c)
(d)
(a) The service of each ship station must at all times be under the ultimate control of the master, who must require that each operator or such station comply with the Radio Regulations in force and that the ship station is used in accordance with those regulations.
(b) These rules are waived when the vessel is under the control of the U.S. Government.
(a) Associated ship units may be operated under a ship station authorization. Use of an associated ship unit is restricted as follows;
(1) It must only be operated on the safety and calling frequency 156.800 MHz or on commercial or noncommercial VHF intership frequencies appropriate to the class of ship station with which it is associated.
(2) Except for safety purposes, it must only be used to communicate with the ship station with which it is associated or with associated ship units of the same ship station. Such associated ship units may not be used from shore.
(3) It must be equipped to transmit on the frequency 156.800 MHz and at least one appropriate intership frequency.
(4) Calling must occur on the frequency 156.800 MHz unless calling and working on an intership frequency has been prearranged.
(5) Power is limited to one watt.
(6) The station must be identified by the call sign of the ship station with which it is associated and an appropriate unit designator.
(b) State or local government vehicles used to tow vessels involved in search and rescue operations are authorized to operate on maritime mobile
(a)
(2) Use by ship stations and marine utility stations of the frequency 156.800 MHz for calling coast stations and marine utility stations on shore, and for replying to calls from such stations, is authorized. However, such calls and replies should be made on the appropriate ship-shore working frequency.
(b)
(2) Except when other operating procedures are used to expedite safety communications, the frequency 156.800 MHz must be used for call and reply by ship stations and marine utility stations before establishing communication on one of the intership working frequencies. Calls may be initiated on an intership working frequency when it is known that the called vessel maintains a simultaneous watch on the working frequency and on 156.800 MHz.
(c)
(d)
(e)
(f)
(g)
(h)
(a)
(i) One carriage return and one line feed,
(ii) Serial number or number of the message,
(iii) The name of the office of origin,
(iv) The number of words,
(v) The date of handing in of the message,
(vi) The time of handing in of the message, and
(vii) Any service instructions. (See The ITU “Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services”.)
(2) Upon completion of transmission of the preamble, the address, text and signature must be transmitted as received from the sender.
(3) Upon completion of transmission of the signature the coast station must, following the signal “COL”, routinely repeat all service indications in the address and for figures or mixed groups of letters, figures or signs in the address, text or signature.
(4) In telegrams of more than 50 words, routine repetition must be given at the end of each page.
(5) Paragraphs (a) (1) through (4) of this section need not be followed when a direct connection is employed.
(6) In calling ship stations by narrow-band direct-printing, the coast station must use the ship station selective calling number (5 digits) and its assigned coast station identification number (4 digits). Calls to ship stations must employ the following format: Ship station selective call number, repeated twice; “DE”, sent once; and coast station identification number, repeated twice. When the ship station does not reply to a call sent three times at intervals of two minutes, the calling must cease and must not be renewed until after an interval of fifteen minutes.
(7) A public coast station authorized to use NB-DP frequencies between 4000 kHz and 27500 kHz may use class A1A emission on the “mark” frequency for station identification and for establishing communications with ship stations. The radio station license must reflect authority for this type of operation, and harmful interference must not be caused.
(b)
(2) Such station must employ receivers which are capable of being accurately set to any designated calling frequency in each band for which the receiver is intended to operate. The time required to set the receiver to a frequency must not exceed five seconds. The receiver must have a long term frequency stability of not more than 50 Hz and a minimum sensitivity of two microvolts across receiver input terminals of 50 ohms, or equivalent. The audio harmonic distortion must not exceed five percent at any rated output power.
(c)
Facsimile operations are a form of telegraphy for the transmission and receipt of fixed images between authorized coast and ship stations. Facsimile and data techniques may be implemented in accordance with the following paragraphs.
(a)
(b)
(2) Equipment used for facsimile and data operations is subject to the applicable provisions of subpart E of this part.
(3) The use of voice on frequencies authorized for facsimile operations in the bands 2000-27500 kHz listed in subpart H of this part is limited to setup and confirmation of receipt of facsimile transmissions.
Marine VHF public coast stations, including AMTS coast stations, may provide public correspondence service to stations on land in accordance with the following:
(a) The public coast station licensee must provide each associated land station with a letter, which shall be presented to authorized FCC representatives upon request, acknowledging that the land station may operate under the authority of the associated public coast station's license:
(b) Each public coast station serving stations on land must afford priority to marine-originating communications through any appropriate electrical or mechanical means.
(c) Land station identification shall consist of the associated public coast station's call sign, followed by a unique numeric or alphabetic unit identifier;
(d) Radio equipment used on land must be type accepted for use under part 22, part 80, or part 90 of this chapter. Such equipment must operate only on the public correspondence channels authorized for use by the associated public coast station;
(e) Transmitter power shall be in accordance with the limits set in § 80.215 for ship stations and antenna height shall be limited to 6.1 meters (20 feet) above ground level;
(f) Land stations may only communicate with public coast stations and must remain within radio range of associated public coast stations; and,
(g) The land station must cease operation immediately upon written notice by the Commission to the associated public coast station that the land station is causing harmful interference to marine communications.
Radioprinter operations provide a relatively low cost system of record communications between authorized coast and ship stations in accordance with the following paragraphs.
(a)
(b)
(c)
(2) Frequencies in the listed bands are shared with other radio services including the maritime mobile service. Each assigned frequency is available on a shared use basis only, not for the exclusive use of any one station or licensee.
(d)
(2) Private coast station licensees must provide copies of their license to all ships with which they are authorized to conduct radioprinter operations.
Facsimile techniques may be implemented in accordance with the following paragraphs.
(a) Private coast stations in Alaska are eligible to use facsimile techniques with associated ship stations and other private coast stations in accordance with § 80.505(b).
(b) The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions.
(c) Equipment used for facsimile operations is subject to the applicable provisions of subpart E of this part.
(a)
(b)
(2) Every ship, on meeting with any direct danger to the navigation of other ships such as ice, a derelict vessel, a tropical storm, subfreezing air temperatures associated with gale force winds causing severe icing on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, must transmit related information to ships in the vicinity and to the authorities on land unless such action has already been taken by another station. All such radio messages must be preceded by the safety signal.
(3) A ship station may accept communications for retransmission to any other station in the maritime mobile service. Whenever such messages or communications have been received and acknowledged by a ship station for this purpose, that station must retransmit the message as soon as possible.
(c)
(1) Compulsory radiotelegraph ships must provide this service during the hours the radio operator is normally on duty.
(2) Compulsory radiotelephone ships must provide this service for at least four hours daily. The hours must be prominently posted at the principal operating location of the station.
(d) Operating conditions. Effective August 1, 1994, VHF hand-held, portable transmitters used while connected to an external power source or a ship antenna must be equipped with an automatic timing device that deactivates the transmitter and reverts the transmitter to the receive mode after an uninterrupted transmission period of five minutes, plus or minus 10 percent. Additionally, such transmitters must have a device that indicates when the automatic timer has deactivated the transmitter. See also § 80.203(c).
(a)
(2) Where it is known that the coast station maintains a watch on working frequencies for ship station NB-DP calls the ship station must make its initial NB-DP call on those frequencies.
(3) Calls to a coast station or other ship station must employ the following format: Coast station identification number, repeated twice; “DE”, sent once; and ship station selective call number, repeated twice. When the coast station does not reply to a call sent three times at intervals of two minutes, the calling must cease for fifteen minutes.
(b)
(c)
(i) Transmit and receive on 500 kHz using the authorized emissions, and
(ii) Transmit on at least two working frequencies and receive on all other frequencies necessary for their service using authorized emissions, and
(iii) When a radiotelegraph installation is compulsory, a fourth frequency within this band which is authorized specifically for direction finding must also be provided.
(2) Each ship station using telegraphy on frequencies within the band 90-160 kHz must be capable of transmitting and receiving Class A1A emission on the frequency 143 kHz, and on at least two additional working frequencies within this band except that portion between 140 kHz and 146 kHz.
(3) Each ship station using telegraphy and operating in the bands between 4000-27500 kHz must be capable of transmitting and receiving Class A1A or J2A emission on at least one frequency authorized for calling and at least two frequencies authorized for working in each of the bands for which facilities are provided to carry on its service.
(4) Each ship station using telegraphy in Region 2 on frequencies within the band 2065-2107 kHz must be capable of transmitting and receiving Class A1A or J2A emission on at least one frequency in this band authorized for working in addition to a frequency in this hand authorized for calling.
(a) Except for compulsory vessels, each ship radiotelephone station licensed to operate in the band 1605-3500 kHz must be able to receive and transmit J3E emission on the frequency 2182 kHz. Ship stations are additionally authorized to receive and transmit H3E emission for communications with foreign coast stations and with vessels of foreign registry. If the station is used for other than safety communications, it must be capable also of receiving and transmitting the J3E emission on at least two other frequencies in that band. However, ship stations which operate exclusively on the Mississippi River and its connecting waterways, and on high frequency bands above 3500 kHz, need be equipped with 2182 kHz and one other frequency within the band 1605-3500 kHz. Additionally, use of A3E emission is permitted for distress and safety purposes on 2182 kHz for portable survival craft equipment also having the capability to operate on 500 kHz and for transmitters authorized for use prior to January 1, 1972.
(b) Except as provided in paragraph (c) of this section, at least one VHF radiotelephone transmitter/receiver must be able to transmit and receive on the following frequencies:
(1) The distress, safety and calling frequency 156.800 MHz;
(2) The primary intership safety frequency 156.300 MHz;
(3) One or more working frequencies; and
(4) All other frequencies necessary for its service.
(c) Where a ship ordinarily has no requirement for VHF communications, handheld VHF equipment may be used solely to comply with the bridge-to-bridge navigational communication requirements contained in subpart U of this part.
Class C EPIRBs must be used for distress purposes only after use of the VHF/FM radiotelephone installation, in accordance with § 80.320, has proved unsuccessful or when a VHF/FM radiotelephone installation is not fitted, or when specifically requested to do so by a station engaged in search and rescue operations.
During their hours of service, ship stations using frequencies in the authorized bands between 405-525 kHz must, remain on watch on 500 kHz except when the operator is transmitting on 500 kHz or operating on another frequency. The provisions of this section do not relieve the ship from complying with the requirements for a safety watch as prescribed in §§ 80.304 and 80.305.
Ship stations must maintain a watch on 2182 kHz as prescribed by § 80.304(b).
At least one VHF ship station per compulsory vessel while underway must maintain a watch on 156.800 MHz whenever such station is not being used for exchanging communications. The watch is not required:
(a) Where a ship station is operating only with handheld bridge-to-bridge VHF radio equipment under § 80.143(c) of this part;
(b) For vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the bridge-to-bridge frequency and a separately assigned VTS frequency; or
(c) For a station on board a voluntary vessel equipped with digital selective calling (DSC) equipment, maintaining a continuous DSC watch on 156.525 MHz whenever such station is not being used for exchanging communications, and while such station is within the VHF service area of a U.S. Coast Guard radio facility which is DSC equipped.
(a) Any person receiving official notice of violation of the terms of the Communications Act, any legislative act, executive order, treaty to which the United States is a party, terms of a station or operator license, or the rules and regulations of the Federal Communications Commission must within 10 days from such receipt, send a written answer, in duplicate, to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and must not be abbreviated by references to other communications or answers to other notices. The answer must contain a full explanation of the incident involved and must set forth the action taken to prevent a continuation or recurrence. If the notice relates to lack of attention to or improper operation of the station or to log or watch discrepancies, the answer must give the name and license number of the licensed operator on duty.
(b) When an official notice of violation, impending violation, or discrepancy, pertaining to any provision of Part II of Title III of the Communications Act or the radio provisions of the Safety Convention, is served upon the master or person responsible for a vessel and any instructions appearing on such document issued by a representative of the Commission are at variance with the content of paragraph (a) of this section, the instructions issued by the Commission's representative supersede those set forth in paragraph (a) of this section.
(a) Commercial radio operator licenses issued by the Commission are classified in accordance with the Radio Regulations of the International Telecommunication Union.
(b) The following licenses are issued by the Commission. International classification, if different from the license name, is given in parentheses. The licenses and their alphanumeric designator are listed in descending order.
(1) T-1. First Class Radiotelegraph Operator's Certificate.
(2) T-2. Second Class Radiotelegraph Operator's Certificate.
(3) G. General Radiotelephone Operator License (radiotelephone operator's general certificate).
(4) T-3. Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate).
(5) MP. Marine Radio Operator Permit (radiotelephone operator's restricted certificate).
(6) RP. Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate).
(c) The following license endorsements are affixed by the Commission to provide special authorizations or restrictions. Applicable licenses are given in parentheses.
(1) Ship Radar endorsement (First and Second Class Radiotelegraph Operator's Certificate, General Radiotelephone Operator License).
(2) Six Months Service endorsement (First and Second Class Radiotelegraph Operator's Certificate).
(3) Restrictive endorsements; relating to physical handicaps, English language or literacy waivers, or other matters (all licenses).
(a) Except as provided in § 80.179, operation of a coast station transmitter must be performed by a person holding a commercial radio operator license of the required class, who is on duty at the control point of the station. The operator is responsible for the proper operation of the station.
(b) The minimum class of radio operator license required for operation of each specific classification of station is set forth below:
—Manual Morse under supervision of T1 or T2—T-3.
—NB-DP under supervision of T1 or T2—T-3, G or MP.
(c)
(2) An operational fixed station associated with a coast station may be operated by the operator of the associated coast station.
Except as provided in §§ 80.177 and 80.179, operation of transmitters of any ship station must be performed by a person holding a commercial radio operator license or permit of the class required below. The operator is responsible for the proper operation of the station.
The operator on board ships required to have a holder of a commercial operator license or permit on board may, if authorized by the station licensee or master, permit an unlicensed person to modulate the transmitting apparatus for all modes of communication except Morse code radiotelegraphy.
A
(a) Each telegraphy passenger ship equipped with a radiotelegraph station in accordance with Part II of Title III of the Communications Act must carry one radio officer holding a first or second class radiotelegraph operator's certificate and a second radio officer holding either a first or second class radiotelegraph operator's certificate. The holder of a second class radiotelegraph operator's certificate may not act as the chief radio officer.
(b) Each cargo ship equipped with a radiotelegraph station in accordance
(c) Each cargo ship equipped with a radiotelephone station in accordance with Part II of Title III of the Communications Act must carry a radio operator who meets the following requirements:
(1) Where the station power does not exceed 1500 watts peak envelope power, the operator must hold a marine radio operator permit or higher class license.
(2) Where the station power exceeds 1500 watts peak envelope power, the operator must hold a general radiotelephone radio operator license or higher class license.
(d) Each ship transporting more than six passengers for hire equipped with a radiotelephone station in accordance with Part III of Title III of the Communications Act must carry a radio operator who meets the following requirements:
(1) Where the station power does not exceed 250 watts carrier power or 1500 watts peak envelope power, the radio operator must hold a marine radio operator permit or higher class license.
(2) Where the station power exceeds 250 watts carrier power or 1500 watts peak envelope power, the radio operator must hold a general radiotelephone operator license or higher class license.
Each ship subject to the Great Lakes Radio Agreement must have on board an officer or member of the crew who holds a marine radio operator permit or higher class license.
Each ship subject to the Bridge-to-Bridge Act must have on board a radio operator who holds a restricted radiotelephone operator permit or higher class license.
The operator of maritime radio equipment other than T-1, T-2, or G licensees, must not:
(a) Make equipment adjustments which may affect transmitter operation;
(b) Operate any transmitter which requires more than the use of simple external switches or manual frequency selection or transmitters whose frequency stability is not maintained by the transmitter itself.
(a) All adjustments of radio transmitters in any radiotelephone station or coincident with the installation, servicing, or maintenance of such equipment which may affect the proper operation of the station, must be performed by or under the immediate supervision and responsibility of a person holding a first or second class radiotelegraph operator's certificate or a general radiotelephone operator license.
(b) Only persons holding a first or second class radiotelegraph operator
(c) Only persons holding an operator certificate containing a ship radar endorsement must perform such functions on radar equipment.
All operator licenses required by this subpart must be readily available for inspection.
(a) No radio operator authorization is required to operate:
(1) A shore radar, a shore radiolocation, maritime support or shore radionavigation station;
(2) A survival craft station or an emergency position indicating radio beacon;
(3) A ship radar station if:
(i) The radar frequency is determined by a nontunable, pulse type magnetron or other fixed tuned device, and
(ii) The radar is capable of being operated exclusively by external controls;
(4) An on board station; or
(5) A ship station operating in the VHF band on board a ship voluntarily equipped with radio and sailing on a domestic voyage.
(b) No radio operator license is required to install a VHF transmitter in a ship station if the installation is made by, or under the supervision of, the licensee of the ship station and if modifications to the transmitter other than front panel controls are not made.
(c) No operator license is required to operate coast telephone stations or marine utility stations.
(d) No radio operator license is required to install a radar station on a voluntarily equipped ship when a manual is included with the equipment that provides step-by-step instructions for the installation, calibration, and operation of the radar. The installation must be made by, or under the supervision of, the licensee of that ship station and no modifications or adjustments other than to the front panel controls are to be made to the equipment.
The following unattended transmitter operations are authorized:
(a) EPIRB operations when emergency conditions preclude attendance of the EPIRB transmitter by a person.
(b) Automatic use of a transmitter during narrow-band direct-printing (NB-DP) operations in accordance with § 80.219.
(c) Automatic use of a transmitter during selective calling operations in accordance with § 80.225.
(d) Automatic use of a transmitter when operating as part of the Automated Maritime Telecommunications System (AMTS), an automated multi-station system for which provisions are contained in this part, or an automated public coast station.
(e) Automatic use of a VHF transmitter to send brief digital communications relating to the condition or safety of vessels while moored when all of the following conditions are met:
(1) The equipment must be using DSC in accordance with CCIR Recommendations 493 and 541 as modified by this section.
(2) Sensors must automatically activate the transmitter only under one or more of the following conditions:
(i) Fire, explosion;
(ii) Flooding;
(iii) Collision;
(iv) Grounding;
(v) Listing, in danger of capsizing;
(vi) Sinking;
(vii) Disabled and adrift; and
(viii) Undesignated condition related to ship safety.
(3) The “ROUTINE” DSC category must be used.
(4) Communications must be selectively addressed to an individual station.
(5) Transmitter output power must not exceed one watt.
(6) The call must employ a fixed format and must be in conformity with Recommendation 493 as follows:
(7) Such transmissions are permitted only on channel 70 and the transmitter must be inhibited automatically whenever there is another call in progress on Channel 70.
(8) The call sequence for any one alarm must not be repeated until after an interval of at least five seconds. Further repetition is permitted only after intervals of at least fifteen minutes each. Repetitions following fifteen-minute waiting intervals must not exceed three.
This subpart gives the general technical requirements for the use of frequencies and equipment in the maritime services. These requirements include standards for equipment authorization, frequency tolerance, modulation, emission, power and bandwidth.
(a) Each transmitter authorized in a station in the maritime services after September 30, 1986, except as indicated in paragraphs (g), (h) and (i) of this section, must be certificated by the Commission for part 80 operations. The procedures for certification are contained in part 2 of this chapter. Transmitters of a model authorized before October 1, 1986 will be considered type accepted for use in ship or coast stations as appropriate.
(b) The external controls, of maritime station transmitters capable of operation in the 156-162 MHz band and manufactured in or imported into the United States after August 1, 1990, or sold or installed after August 1, 1991, must provide for selection of only maritime channels for which the maritime station is authorized. Such transmitters must not be capable of being programmed by station operators using external controls to transmit on channels other than those programmed by the manufacturer, service or maintenance personnel.
(1) Any manufacturer procedures and special devices for programming must only be made available to service companies employing licensed service and maintenance personnel that meet the requirements of § 80.169(a) and must not be made available with information normally provided to consumers.
(2) The channels preprogrammed by manufacturers, service and maintenance personnel for selection by the external controls of a maritime station transmitter must be limited to those channels listed in this part and the duplex channels listed in Appendix 18 of the international Radio Regulations. The duplex channels listed in Appendix 18 of the international Radio Regulations must be used only in the specified duplex mode. Simplex operations on Appendix 18 duplex channels that are not in accordance with this part are prohibited.
(3) Programming of authorized channels must be performed only by a person holding a first or second class radiotelegraph operator's certificate or a general radiotelephone operator's license using any of the following procedures:
(i) Internal adjustment of the transmitter;
(ii) Use of controls normally inaccessible to the station operator;
(iii) Use of external devices or equipment modules made available only to service and maintenance personnel through a service company; and
(iv) Copying of a channel selection program directly from another transmitter (cloning) using devices and procedures made available only to service and maintenance personnel through a service company.
(4) VHF maritime radio station transmitters capable of being programmed by station operators by
(c) All VHF ship station transmitters that are either manufactured in or imported into the United States, on or after August 1, 1993, or are initially installed on or after August 1, 1994, must be equipped with an automatic timing device that deactivates the transmitter and reverts the transmitter to the receive mode after an uninterrupted transmission period of five minutes, plus or minus 10 per cent. Additionally, such transmitters must have a device that indicates when the automatic timer has deactivated the transmitter. VHF ship station transmitters initially installed before August 1, 1994, are authorized for use indefinitely at the same maritime station. VHF hand-held, portable transmitters are not required to comply with the requirements in paragraph (c) of this section except when used as described in § 80.141.
(d) Except for radar equipment, applicants for certification of radio equipment designed to satisfy Part II of Title III of the Communications Act or the Safety Convention must also submit with their application a working unit of the type for which certification is desired. Manufacturers of radar equipment intended for installation on voluntarily equipped ships by persons without FCC operators license must include with their equipment authorization application a manual that provides step-by-step procedures for the installation, calibration, and operation of the radar stations.
(e) Double sideband (DSB) radiotelephone equipment operating in the 1605-27500 kHz band will be authorized only for use in ship stations. Such equipment must comply with Chapter IV of the Safety Convention, operate only on the frequency 2182 kHz, and be marked “Distress and Safety Use Only”.
(f) Transmitters certificated for single sideband suppressed carrier radiotelephone transmissions may be used for facsimile transmissions without filing for a certification modification provided the transmitters retain certification and comply with the applicable standards in this part.
(g) Manufacturers of ship earth station transmitters intended for use in the INMARSAT space segment must comply with the verification procedures given in part 2 of this chapter. Such equipment must be verified in accordance with the technical requirements provided by INMARSAT and must be type approved by INMARSAT for use in the INMARSAT space segment. The ship earth station input/output parameters, the data obtained when the equipment is integrated in system configuration and the pertinent method of test procedures that are used for type approval of the station model which are essential for the compatible operation of that station in the INMARSAT space segment must be disclosed by the manufacturer upon request of the FCC or the United States Signatory. Witnessing of the type approval tests and the disclosure of the ship earth station equipment design or any other information of a proprietary nature will be at the discretion of the ship earth station manufacturer. Transmitters of a model that was certificated by MARISAT for use in its system will be considered verified for use in the INMARSAT system. However, the continued use of such equipment will not be permitted after September 1, 1991, unless verified under the Commission's procedures.
(h) In addition to the certification requirements contained in part 2 of this chapter applicants for type acceptance of 406.025 MHz radiobeacons must also comply with the certification procedures contained in § 80.1061 of this part.
(i) Certification is not required for U.S. Government furnished transmitters to fulfill a U.S. Government contract. However, such transmitters must comply with all technical requirements in this part.
(j) Certification is not required for transmitters authorized for developmental stations.
(k) Certification of individual radio transmitters requested by station applicants or licensees must also follow the certification procedure in paragraph (a) of this section. However, operation of such transmitters must be
(l) Ship station transmitters may be certificated for emissions not shown in § 80.205 of this part. However, such emissions are not authorized for use in the United States or for communications with U.S. coast stations.
(m) Ship station MF, HF, and VHF transmitters may employ external or internal devices to send synthesized voice transmissions for distress and safety purposes on any distress and safety frequency authorized for radiotelephony listed in § 80.369 provided the following requirements are met:
(1) The technical characteristics of the distress transmissions must comply with this part.
(2) A transmitter and any internal device capable of transmitting a synthesized voice message must be certificated as an integral unit.
(3) The synthesized voice distress transmission must begin with the words “this is a recording” and should be comprised of at least:
(i) the radiotelephone distress call as described in § 80.315(b) and the ship's position as described in § 80.316(c); or
(ii) the radiotelephone distress message as described in § 80.316(b). If available, the ship's position should be reported as described in § 80.316(c).
(4) Such transmission must be initiated manually by an off-switch that is protected from inadvertent activation and must cause the transmitter to switch to an appropriate distress and safety frequency. The radiotelephone distress call and message described in §§ 80.203(m)(3) (i) and (ii), respectively, may be repeated. However, the entire transmission including repeats must not exceed 45 seconds from beginning to end. Upon ending the transceiver must return to the receive mode and must not be capable of sending the synthesized distress call for at least thirty seconds. Placing the switch to the off position must stop the distress transmission and permit the transmitter to be used to send and receive standard voice communications.
(5) Use of the microphone must cause the synthesized voice distress transmission to cease and allow the immediate use of the transmitter for sending and receiving standard voice communications.
(n) Applications for type acceptance of all marine radio transmitters operating in the 2-27.5 MHz band or the 156-162 MHz band received on or after June 17, 1999, must have a DSC capability in accordance with § 80.225. This requirement does not apply to transmitters used with AMTS or hand-held portable transmitters.
(a) An emission designator shows the necessary bandwidth for each class of emission of a station except that in ship earth stations it shows the occupied or necessary bandwidth, whichever is greater. The following table gives the class of emission and corresponding emission designator and authorized bandwidth:
(b) For land stations the maximum authorized frequency deviation for F3E or G3E emission is as follows:
(1) 5 kHz in the 72.0-73.0 MHz, 75.4-76.0 MHz and 156-162 MHz bands;
(2) 15 kHz for stations which were authorized for operation before December 1, 1961, in the 73.0-74.6 MHz band.
(a) Authorization to use radiotelephone and radiotelegraph emissions by ship and coast stations includes the use of digital selective calling and selective calling techniques in accordance with § 80.225.
(b) In radiotelegraphy communications employing a modulated carrier the carrier must be keyed and modulated by an audio frequency.
(c) Authorization to use single sideband emission is limited to emitting a carrier;
(1) For full carrier transmitters at a power level between 3 and 6 dB below peak envelope power;
(2) For suppressed carrier transmitters at a power level at least 40 dB below peak envelope power; and
(3) For reduced or variable level carrier:
(i) In the 1600-4000 kHz band:
(A) For coast station transmitters 18
(B) For ship station transmitters installed before January 2, 1982, 16
(C) For ship station transmitters installed after January 1, 1982, 18
(ii) In the 4000-27500 kHz band:
(A) For coast station transmitters 18
(B) For ship station transmitters installed before January 2, 1978, 16
(C) For ship station transmitters installed after January 1, 1978, 18
(d) The authorized classes of emission are as follows:
(a) The frequency tolerance requirements applicable to transmitters in the maritime services are shown in the following table. Tolerances are given as parts in 10
(b) When pulse modulation is used in land and ship radar stations operating in the bands above 2.4 GHz the frequency at which maximum emission occurs must be within the authorized bandwidth and must not be closer than 1.5/T MHz to the upper and lower limits of the authorized bandwidth where “T” is the pulse duration in microseconds. In the band 14.00-14.05 GHz the center frequency must not vary more than 10 MHz from 14.025 GHz.
(c) For stations in the maritime radiodetermination service, other than ship radar stations, the authorized frequency tolerance will be specified on the license when it is not specified in this part.
The emissions must be attenuated according to the following schedule.
(a) The mean power when using emissions H3E, J3E and R3E:
(1) On any frequency removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth:
at least 25 dB for transmitters installed before February 1, 1992,
at least 28 dB for transmitters installed on or after February 1, 1992;
(2) On any frequency removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth: At least 35 dB; and
(3) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 plus 10log
(b) For transmitters operating in the band 1626.5-1646.5 MHz. In any 4 kHz band the mean power of emissions shall be attenuated below the mean output power of the transmitter as follows:
(1) Where the center frequency is removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 dB;
(2) Where the center frequency is removed from the assigned frequency by more than 100 percent up to 250 percent of the authorized bandwidth: At least 35 dB; and
(3) On any frequency removed from the assigned frequency by more than
(c) In any 4 kHz band the peak power of spurious emissions and noise at the input to the transmit antenna must be attenuated below the peak output power of the station as follows:
(1) 125 dB at 1525.0 MHz, increasing linearly to 90 dB at 1612.5 MHz;
(2) 90 dB at 1612.5 MHz increasing linearly to 60 dB at 1624.0 MHz;
(3) 90 dB from 1624.0 MHz to 1650.0 MHz, except at frequencies near the transmitted carrier where the requirements of paragraphs (b)(1) through (3) of this section, apply;
(4) 60 dB at 1650.0 MHz decreasing linearly to 90 dB at 1662.5 MHz;
(5) 90 dB at 1662.5 MHz decreasing linearly to 125 dB at 1752.5 MHz; and
(6) 125 dB outside above range, except for harmonics which must comply with (b)(3) of this section.
(d) The mean power of emissions from radiotelephone survival craft transmitters, 9 GHz search and rescue transponders, and radiotelegraph survival craft transmitters must be attenuated below the mean output power of the transmitter as follows:
(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 dB;
(2) On any frequency removed from the assigned frequency by more than 100 percent of the authorized bandwidth: at least 30 dB.
(e) The mean power of EPIRBs operating on 121.500 MHz, 243.000 MHz and 406.025 MHz must be as follows:
(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 dB;
(2) On any frequency removed from the assigned frequency by more than 100 percent: at least 30 dB.
(f) The mean power when using emissions other than those in paragraphs (a), (b), (c) and (d) of this section:
(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 dB;
(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 dB; and
(3) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 plus 10log
(g) Developmental stations must conform to the standards for regular authorized stations.
(a) Transmitters must meet the following modulation requirements:
(1) When double sideband emission is used the peak modulation must be maintained between 75 and 100 percent;
(2) When phase or frequency modulation is used in the 156-162 MHz and 216-220 MHz bands the peak modulation must be maintained between 75 and 100 percent. A frequency deviation of
(3) In single sideband operation the upper sideband must be transmitted. Single sideband transmitters must automatically limit the peak envelope power to their authorized operating power and meet the requirements in § 80.207(c).
(b) Radiotelephone transmitters using A3E, F3E and G3E emission must have a modulation limiter to prevent any modulation over 100 percent. This requirement does not apply to survival craft transmitters, to transmitters that do not require a license or to transmitters whose output power does not exceed 3 watts.
(c) Coast station transmitters operated in the 72.0-73.0 MHz and 75.4-76.0 MHz bands must be equipped with an audio low-pass filter. The filter must be installed between the modulation limiter and the modulated radio frequency stage. At frequencies between 3 kHz and 15 kHz it must have an attenuation greater than at 1 kHz by at least 40log
(d) Ship and coast station transmitters operating in the 156-162 MHz and 216-220 MHz bands must be capable of proper operation with a frequency deviation of
(e) Coast station transmitters operated in the 156-162 MHz band must be equipped with an audio low-pass filter. The filter must be installed between the modulation limiter and the modulated radio frequency stage. At frequencies between 3 kHz and 20 kHz it must have an attenuation greater than at 1 kHz by at least 60log
(f) Radiodetermination ship stations operating on 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz must employ a duty cycle with a maximum transmission period of 60 seconds followed by a minimum quiescent period four times the duration of the transmission period.
(g) Radar stations operating in the bands above 2.4 GHz may use any type of modulation consistent with the bandwidth requirements in § 80.209(b).
(h) Radar transponder coast stations using the 2920-3100 MHz or 9320-9500 MHz band must operate in a variable frequency mode and respond on their operating frequencies with a maximum error equivalent to 100 meters. Additionally, their response must be encoded with a Morse character starting with a dash. The duration of a Morse dot is defined as equal to the width of a space and
(i) Variable frequency ship station transponders operating in the 2920-3100 MHz or 9320-9500 MHz band that are not used for search and rescue purposes must meet the following requirements:
(1) Non-selectable transponders must have the following characteristics:
(i) They must respond on all their frequencies with a maximum range error equivalent to 100 meters;
(ii) They must use a Morse encoding of “PS” (dot-dash-dash-dot, dot-dot-dot), meaning “You should not come any closer”. The width of a Morse dot is defined as equal to the width of a space and
(iii) When they employ swept frequency techniques they must not transmit on any frequency for more than 10 seconds in any 120 second period;
(iv) Any range offset of their response must occur during their pause on the fixed frequency;
(v) The duration of the response code must not exceed 50 microseconds;
(vi) The sensitivity of the stations must be adjustable so that received signals below −10 dBm at the antenna input will not activate the transponder;
(vii) Antenna polarization must be horizontal when operating in the 9320-9500 MHz band and either horizontal or both horizontal and vertical when operating in the 2920-3100 MHz band.
(viii) Transponders using frequency agile techniques must include circuitry designed to reduce interference caused by triggering from radar antenna sidelobes.
(2) Selectable transponders must be authorized under part 5 of the Commission's rules until standards for their use are developed.
(j) The transmitted signals of search and rescue transponders must cause to appear on a radar display a series of at least 20 equally spaced dots.
(k) The modulation requirements for EPIRB's are contained in subpart V.
(a) Transmitter power shown on the radio station authorization is the maximum power the licensee is authorized to use. Power is expressed in the following terms:
(1) For single sideband emission: Peak evelope power;
(2) For G3E emission: Carrier power;
(3) For PON and F3N emission: Mean power;
(4) For all emissions in the 1626.5-1646.5 MHz band: equivalent isotropic radiated power.
(5) For all other emissions: the carrier power multiplied by 1.67.
(b)
(1) Public coast stations, except Alaska:
(i) Radiotelegraphy:
(ii) Radiotelephony:
(2) Private coast stations, except in Alaska: 1kW
(3) Coast stations in Alaska, public and private:
(c)
(1) Coast stations:
(2) Marine utility stations:
(d)
(1) Radiotelegraphy: All ships—2kW
(2) Radiotelephony:
(i) All ships—Great Lakes and Inland Waters—150W
(ii) All ships—Open waters; 2000-4000 kHz—150W
(iii) All ships—Open waters; 4000-27500 kHz—1.5kW
(3) Digital selective calling:
(e)
(1) Ship stations 156-162 MHz—25W
Marine utility stations and hand-held portable transmitters 156-162 MHz—10W
(2) Ship stations 216-220 MHz—25W
(3) On board stations 456-468 MHz—4W
(4) Ship earth stations 1626.5-1646.5 MHz
(5) Ship radar stations with F3N emission—200 mW
(6) EPIRB—121.500 and 243.00 MHz
(7) EPIRB—156.750 and 156.800 MHz
(f)
(1) Maritime support (receiver test):
(2) Operational fixed: 72-76 MHz and above 162 MHz
(3) Alaska—Private fixed:
(4) Alaska—Public fixed:
(g) The carrier power of ship station radiotelephone transmitters, except portable transmitters, operating in the 156-162 MHz band must be at least 8 but not more than 25 watts. Transmitters that use 12 volt lead acid storage batteries as a primary power source must be measured with a primary voltage between 12.2 and 13.7 volts DC. Additionally, unless otherwise indicated, equipment in radiotelephone ship stations operating in the 156-162 MHz band must meet the following requirements:
(1) All transmitters must be capable of reducing the carrier power to one watt or less;
(2) All remote control units that are used with transmitters manufactured after August 31, 1979, or installed after February 29, 1980, must be capable of causing the carrier power to be reduced to one watt or less;
(3) Except as indicated in (4) of this paragraph, all transmitters manufactured after January 21, 1987, or in use after January 21, 1997, must automatically reduce the carrier power to one watt or less when the transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be provided with a manual override switch which when held by an operator will permit full carrier power operation on 156.375 MHz and 156.650 MHz;
(4) Hand-held portable transmitters are not required to comply with the automatic reduction of carrier power in (g)(3) of this section; and
(5) Transmitters dedicated for use on public correspondence duplex channels as additional equipment to a VHF ship station in the Great Lakes which meet all pertinent rules in this part are not required to reduce their carrier power to one watt.
(h) Coast stations in an AMTS may radiate as follows, subject to the condition that no harmful interference will be caused to television reception except that TV services authorized subsequent to the filing of the AMTS station application will not be protected.
(1) When located more than 169 kilometers (105 miles) from the antenna of a Channel 13 TV station and more than 129 kilometers (80 miles) from the antenna of a channel 10 station, the ERP of coast stations having an antenna height of 61 meters (200 feet) or less above ground must not exceed 1000 watts.
(2) Coast stations located less than 169 kilometers (105 miles) from a Channel 13 TV station, or less than 129 kilometers (80 miles) from a channel 10 station or when using a transmitting antenna height above ground greater than 61 meters (200 feet), must submit a plan to limit interference to TV reception. The plan must include:
(i) A description of the interference contour with indentification of the method used to determine this contour; and
(ii) A statement concerning the number of residences within the interference contour. The interference contour includes only areas inside the TV grade B contour with the latter determined assuming maximum permissible TV antenna height and power for broadcast stations and the actual facility parameters for translators and low power TV stations. See part 73, subpart E of this chapter for further information on TV grade B contour determination.
(3) When located as described in paragraph (h)(2) of this section, the coast station (or stations affecting the same TV Grade B contour) will be authorized if the applicant's plan has limited the interference contour(s) to fewer than 100 residences or if the applicant:
(i) Shows that the proposed site is the only suitable location;
(ii) Develops a plan to control any interference caused to TV reception within the Grade B contour from its operations; and
(iii) Agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate interference caused by its operations.
(4) The applicant must eliminate any interference caused by its operation to TV reception within the Grade B contour that might develop within 90 days of the time it is notified in writing by the Commission. If this interference is not removed within the 90-day period, operation of the coast station must be discontinued. The licensee is expected
(5) The transmitter output power must be 50 watts or less.
(i) A ship station must have a transmitter output power not exceeding 25 watts and an ERP not exceeding 18 watts. The transmitter must include the capability to reduce the carrier power to 2.5 watts with a front panel control. The maximum transmitter output power is permitted to be increased to 50 watts under the following conditions:
(1) Increases exceeding 25 watts are made only by radio command from the controlling coast stations; and
(2) The application for an equipment authorization demonstrates that the transmitter output power is 25 watts or less when external radio commands are not present.
(j) A ship installation with a transmitter output power exceeding 25 watts under the conditions of paragraph (i) of this section is exempted from the limitation of 18 watts ERP when operating in specific geographical areas identified in a plan for the use of higher power.
(k) Within the 1626.5-1646.5 MHz band the maximum e.i.r.p by a ship earth station in any direction in the horizontal plane or in the direction of the space station must not exceed +40 dB relative to one watt in any 4 kHz band in the main beam, except upon a satisfactory showing of need for greater power, in which case a maximum of +55 dB relative to one watt may be authorized.
(l) For operational fixed stations using frequencies in the 72-76 MHz band and for other classes of stations operating above 162.025 MHz, the transmitter power must be specified in the station authorization. Frequencies in the 72-76 MHz band are listed in § 80.381. The operational requirements for 72-76 MHz are contained in subpart L of this part.
(m) For radiodetermination transmitters using A1D, A2D, F1D, F2D, G1D and G2D emissions on 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz the mean output power of the unmodulated carrier must not exceed 25 watts.
(n) For radiodetermination stations operating above 2400 MHz the output power must be as follows:
(1) For radar stations that use F3N emission the mean output power must not exceed 200 milliwatts;
(2) For search and rescue stations the output power must be at least 400 milliwatts peak e.i.r.p.
(3) For all other transponder stations the output power must not exceed 20 watts peak e.i.r.p. Licensees of non-selectable transponder coast stations operating in the 2920-3100 MHz and 9320-9500 MHz bands must notify in writing the USCG District Commander of any incremental increase of their station's output power above 5 watts peak e.i.r.p.
(a) A voluntarily equipped ship station receiver must not cause harmful interference to any receiver required by statute or treaty.
(b) The electromagnetic field from receivers required by statute or treaty must not exceed the following value at a distance over sea water of one nautical mile from the receiver:
Deliver not more than the following amounts of power, to an artificial antenna having electrical characteristics equivalent to those of the average receiving antenna(s) use on shipboard:
NB-DP and data transmission equipment installed in ship and coast stations before October 1, 1990, that operates on the frequencies in the 4,000-27,500 kHz bands must be capable of operation in accordance with the technical requirements of either CCIR Recommendation 476 or CCIR Recommendation 625 and may be used indefinitely. Equipment installed on or after October 1, 1990, must be capable of operation in accordance with the technical requirements of CCIR Recommendation 625. NB-DP and data transmission equipment are additionally permitted to utilize any modulation, so long as emissions are within the limits set forth in § 80.211(f) and the equipment is also capable of operation in accordance with CCIR recommendation 625.
(a) Each device for automatically generating the radiotelephone alarm signal must be capable of being disabled to permit the immediate transmission of a distress call and message.
(b) The device must comply with the following requirements:
(1) The frequency tolerance of each tone must be
(2) The duration tolerance of each tone must be
(3) The interval between successive tones must not exceed 50 milliseconds; and
(4) The amplitude ratio of the tones must be flat within 1.6 dB.
(c) Devices installed on or after January 1, 1983, must comply with the following requirements:
(1) The frequency tolerance of each tone must be
(2) The duration tolerance of each tone must be
(3) The interval between successive tones must not exceed 4 milliseconds;
(4) The amplitude ratio of the tones must be flat within 1.6 dB;
(5) The output of the device must be sufficient to modulate the associated transmitter for H2B emission to at least 70 percent, and for J2B emission to within 3 dB of the rated peak envelope power;
(6) Light from the device must not interfere with the safe navigation of the ship;
(7) After activation the device must automatically generate the radiotelephone alarm signal for not less than 30 seconds and not more than 60 seconds unless manually interrupted;
(8) After generating the radiotelephone alarm signal or after manual interruption the device must be immediately ready to repeat the signal;
(9) The transmitter must be automatically switched from the stand-by condition to the transmit condition at the start and return to the stand-by condition at the conclusion of the radiotelephone alarm signal.
(d) Any device used by a station to automatically generate the radiotelephone alarm signal must be certificated by the Commission.
(a) Survival craft stations capable of transmitting on:
(1) 500 kHz must be able to operate with class A2A and A2B or H2A and H2B emissions;
(2) 2182 kHz must be able to operate with A2B and A3E or H2B and H3E and J2B and J3E emissions;
(3) 8364 kHz must be able to operate with class A2A or H2A emission; and
(4) 121.500 MHz must be able to operate with A3E or A3N emission.
(b) Survival craft stations must be able to receive the frequency and types of emission which the transmitter is capable of using. Where the transmitter frequency is 8364 kHz the receiver must be able to receive A1A, A2A and H2A emissions throughout the 8320-8745 kHz band.
(c) Survival craft transmitters operating on 500 kHz or on 8364 kHz must be able to be manually keyed. If provisions are made for automatically transmitting the radiotelegraph alarm signal or the radiotelegraph distress signal, such provisions must meet the requirements in subpart F of this part.
(d) Any EPIRB carried as part of a survival craft station must comply with the specific technical and performance requirements for its class contained in subpart V of this chapter.
This section specifies the requirements for voluntary digital selective calling (DSC) equipment and selective calling equipment installed in ship and coast stations. Reference to any CCIR Recommendation in this section is to the most recent CCIR approved Recommendation that does not prevent the use of existing equipment.
(a) DSC equipment voluntarily installed in coast or ship stations must meet either the requirements of CCIR Recommendation 493 (including only equipment classes A, B, D, and E) or RTCM Paper 56-95/SC101-STD. DSC equipment must not be used with the sensors referred to in § 80.179(e)(2). DSC equipment used on compulsorily fitted ships must meet the requirements contained in subpart W for GMDSS.
(b) Manufacturers of Class C DSC equipment to be used on United States vessels must affix a clearly discernible permanent plate or label visible from the operating controls containing the following:
This equipment is designed to generate a digital maritime distress and safety signal to facilitate search and rescue. To be effective as a safety device, this equipment must be used only within communication range of a shore-based VHF marine channel 70 distress and safety watch system. The range of the signal may vary but under normal conditions should be approximately 20 nautical miles.
(c) Selective calling equipment, other than that designed in accordance with paragraph (a) of this section, is authorized as follows:
(1) Equipment used in conjunction with the Automated Maritime Telecommunications System (AMTS) in the band 216-220 MHz,
(2) Equipment used to perform a selective calling function during narrow-band direct-printing (NB-DP) operations in accordance with CCIR Recommendation 476 or 625, and
(3) Equipment functioning under the provisions of § 80.207(a) includes the brief use of radiotelegraphy, including keying only the modulating audio frequency, tone signals, and other signalling devices to establish or maintain communications provided that:
(i) These signalling techniques are not used on frequencies designated for general purpose digital selective calling (DSC) and distress and safety DSC calling as listed in § 80.359;
(ii) The authorized radiotelephone emission bandwidth is not exceeded;
(iii) Documentation of selective calling protocols must be available to the general public; and,
(iv) Harmful interference is not caused to stations operating in accordance with the International Radio Regulations.
As part of the information provided with transmitters for ship earth stations, manufacturers of each such unit must include installation and operating instructions to help prevent human exposure to radiofrequency (RF) radiation in excess of the RF exposure guidelines specified in § 1.1307(b) of the Commission's Rules.
Brief signalling for the purposes of measuring the quality of a radio channel and thereafter establishing communication shall be permitted within the 2 MHz-30 MHz band. Public coast stations providing high seas service are authorized by rule to use such signalling under the following conditions:
(a) The transmitter power shall not exceed 100 W ERP;
(b) Transmissions must sweep linearly in frequency at a rate of at least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 milliseconds;
(c) The transmitter shall scan the band no more than four times per hour;
(d) Transmissions within 6 kHz of the following protected frequencies and
(1) Protected frequencies (kHz)
(2) Protected bands (kHz)
(e) The instantaneous signal, which refers to the peak power that would be measured with the frequency sweep stopped, along with spurious emissions generated from the sweeping signal, must be attenuated below the peak carrier power (in watts) as follows:
(1) On any frequency more than 5 Hz from the instantaneous carrier frequency, at least 3 dB;
(2) On any frequency more than 250 Hz from the instantaneous carrier frequency, at least 40 dB; and
(3) On any frequency more than 7.5 kHz from the instantaneous carrier frequency, at least 43 + 10log
(a) This subpart gives the general technical requirements for certification of equipment used on compulsory ships. Such equipment includes radiotelegraph transmitters, radiotelegraph auto alarms, automatic-alarm-signal keying devices, survival craft radio equipment, watch receivers, and radar.
(b) The equipment described in this subpart must be certificated.
(c) The term
(d)
(a) The following table gives the operating carrier frequency, emission, modulation and average ship station antenna power requirements for the main transmitter.
(b) A main transmitter must operate at its required antenna power when adjusted to any required operating frequency and energized by the main power supply of the ship station or by an equivalent power supply.
(c) A main transmitter must be equipped to measure (1) antenna current, (2) transmitter power supply voltages, and (3) anode or collector current(s).
(d) The antenna power must be determined at the operating carrier frequency by the product of the antenna resistance and the square of the average antenna current, both measured at the same point in the antenna circuit at approximately ground potential.
(e) A main transmitter producing more than 250 watts output power must have the output power reduced to not more than 150 watts when used for telegraphy. In stations where a separate telegraph transmitter operable on the same frequencies as the main transmitter with an output power of less than 250 watts, is installed, the power reduction requirement does not apply. Such separate transmitters must not obtain power from the emergency power supply.
(a) The following table describes the operating carrier frequency, emission, modulation and average ship station antenna power requirements for the reserve transmitter.
(b) A reserve transmitter must operate at its required antenna power when adjusted to the operating frequency and energized by the reserve power supply of the ship station or by an equivalent power supply.
(c) A reserve transmitter must be equipped to measure antenna current.
(d) The antenna power must be determined at the operating carrier frequency by the product of the antenna resistance and the square of the average antenna current both measured at the same point in the antenna circuit at approximately gound potential.
(a) The auto alarm must consist of:
(1) A radio receiver capable of receiving emissions of classes A1A, A1B, A2A, A2B, H2A, H2B, J2A, and J2B over the frequency range 496 through 504 kHz.
(i) The receiver must reject signals +106 dB above one microvolt at
(ii) The receiver must respond to signals from 100 microvolts to 1 volt on the center frequency. There must be less than 6 dB variation in sensitivity from 496 kHz through 504 kHz.
(2) A device capable of selecting the alarm signal specified under § 80.259 (a) and (b).
(3) A minimum of 3 audible alarm units to meet the three location installation requirements of § 80.259(g).
(4) A testing device to determine locally that the auto alarm system is operative.
(b) The auto alarm may be constructed in one or more units but must be independent of the ship's regular radio receiving apparatus.
(c) A telephone jack must be provided to permit reception by a telephone receiver.
(d) Tuning and timing controls must not be accessible from the exterior of the device.
(e) Once set into operation the audible alarms must continue to function until switches off in the principal radiotelegraph operating room.
(f) A nonlocking or momentary-throw switch must be provided to permit temporary disconnection of the audible alarm on the bridge and in the operator's quarters when the auto alarm system is being tested.
(g) A failure of the auto alarm power supply must activate the audible alarms.
(h) The auto alarm must operate within specifications throughout the temperature range 0-50 degrees Celsius at relative humidities as high as 95%.
(i) The auto alarm must be protected from excessive currents, power supply reversals and voltage variations which could cause damage to any component.
(j) The auto alarm must be capable of operating when subjected to vibrations having a frequency between 20 and 30 Hertz and an amplitude of 0.76 mm (0.03 inch) in a direction at an angle of 30 to 45 degrees with the base of the auto alarm.
(a) For certification the auto alarm in the absence of interference must be capable of being operated by four consecutive dashes whose length may vary from 6.0 to 3.5 seconds and the intervening spaces vary between 1.5 seconds to 10 milliseconds. These types of auto alarms must not respond to dashes longer than 6.31 seconds or shorter than 3.33 seconds nor to intervening spaces longer than 1.58 seconds or shorter than 5 milliseconds except as follows:
(1) Non-digital types employing resistance-capacitance timing, approved before October 1, 1969, and placed in service on or before January 1, 1985, must not respond to dashes longer than 7.40 seconds or shorter than 2.80 seconds, nor to space intervals longer than 1.80 seconds or shorter than 5 milliseconds.
(2) Digital types employing a stable clock as the basic timing device, approved before May 1, 1968, and placed in service on or before December 1, 1975, may accept dashes whose lower limits extends down to 3.0 seconds.
(b) The auto alarm must operate with a signal of 100 microvolts RMS at 500 kHz applied to an artificial antenna consisting of a 20 microhenry inductance, a 500 picofarad capacitor, and a 5 ohm resistor connected in series in the absence of any interference and without manual adjustment. It must be capable of operation under these conditions on the following classes of emission:
(1) A1B;
(2) A2B with a carrier modulated at any modulation percentage from 30 through 100 percent with any modulation frequency from 300 through 1350 Hertz; and
(3) H2B with a carrier keyed and emitted at any power level from 3
(c) The auto alarm must operate with signal levels up to 1 volt under normal operating conditions.
(d) The auto alarm warning device must not be activated by atmospherics or by any signal from the antenna other than the alarm signal.
(e) The auto alarms must respond to the alarm signal through non-continuous interference caused by atmospherics and powerful signals other than the alarm signal. In the presence of atmospherics or interfering signals, the auto alarm must automatically adjust itself within a reasonable time to the condition in which it can most readily distinguish the alarm signal.
(f) The auto alarm must respond without adjustment and with practically uniform sensitivity to signals over a band extending no less than 4 kHz on each side of the 500 kHz radiotelegraph frequency and with a minimum attenuation of:
(g) When the auto alarm is activated it must sound continuously a warning in the radiotelegraph operating room, in the radio operator's cabin, and on the bridge.
(h) The auto alarm must include a 500 kHz signal generator and a keying device which automatically disconnects the auto alarm from the antenna when an alarm signal of 100 microvolts is applied to test the auto alarm.
(a) The automatic-alarm-signal keying device may consist of one or more units.
(b) The device must be designed to activate the keying circuits of any transmitter approved by the Commission for use as a main or reserve transmitter.
(c) Timing-adjustment controls must not be accessible from the exterior of the device.
(d) The device must be able to repeatedly transmit the alarm signal. For this purpose the dashes transmitted must have a duration of 3.8 to 4.2 seconds, and spaces between each of the twelve dashes constituting a series must have a duration of 0.8 to 1.2 seconds. Spaces between each series of twelve dashes must have a duration of 0.8 second to one minute. This operation must be sustainable with power supply voltage variations of
(e) A single control, protected to avoid accidental manipulation, must be provided for placing the device into full operation within 30 seconds. Once in operation, the device must be capable of continuous operation without attention for a least one hour.
(f) When the “on-off” control of the device is placed in the “off” position, the keying circuit to the radio transmitter(s) must be automatically opened.
(g) The automatic-alarm-signal keying device must be capable of operation from a power supply independent of ship power. It may operate from the radio station emergency power supply.
(h) Instructions for adjustment of the device and the correct indication of any instrument incorporated to reveal improper operation must be inscribed on a plate mounted on the device in a position to be easily read by the operator.
(i) The keying circuit must be capable of switching 0.75 amperes DC through a 32 ohms non-inductive resistance. If the automatic-alarm-signal keying device is also intended to be used with transmitters requiring a keying circuit capability of 2 amperes DC through a 115 ohms non-inductive resistance, the keying circuit of the device must comply with this latter requirement.
(j) The automatic-alarm-signal keying device must operate within specifications throughout the temperature range 0-50 degrees Celsius at relative humidities as high as 95%.
(k) The automatic-alarm-signal keying device must be protected from excessive currents, power supply reversals and voltage variations which could cause damage to any component.
(l) The automatic-alarm-signal keying device must be capable of operating
In addition to the requirements set forth in §§ 80.265 and 80.267, survival craft radio equipment must comply with the following:
(a) The radio equipment must be operable without tools.
(b) Each equipment must be provided with an instruction manual covering the design, installation, operation, and maintenance of the equipment.
(c) Simple instructions for the operation of the equipment must be prominently and permanently attached to it. These instructions must include information about the erection of the antenna(s), and automatic and manual transmission of the international distress and alarm signals on 500 kHz.
(d) An artificial antenna for test purposes must be provided.
(e) The survival craft radio transmitter must meet the following:
(1) Must be pretuned to the required frequencies. The operating frequencies must be maintained within the prescribed tolerances under varying voltages, antenna circuit characteristics, and other normal conditions of adjustment, and shock or vibration. The frequency control circuit adjustments must not be readily available to the person using the transmitter;
(2) Antenna tuning controls must be provided on the operating panel. An initial adjustment of these controls must resonate the antenna circuit at each required operating radio frequency. Resonance must be maintained without further adjustment of the controls during a normal operating period of the transmitter;
(3) The front panel must contain controls for manual operation on 500 kHz, manual operation on 8364 kHz, and automatic operation alternately on these two frequencies. Not more than one manual switch adjustment must be necessary to transmit automatically. For manual radiotelegraphy the transmitter and receiver, including their controls, must be arranged so that they can be operated from the same operating position and the time necessary to change from transmission to recepition and vice versa must not exceed two seconds; and
(4) In automatic operation the radio must:
(i) On 500 kHz transmit the international radiotelegraph alarm signal followed by the international radiotelegraph distress signal, the latter to be transmitted in one or more separate groups, each group consisting of three separate distress signals;
(ii) On 8364 kHz transmit the international radiotelegraph distress signal in one or more separate groups, each group consisting of three separate distress signals; this group or these groups to be followed by a continuous long dash of not less than 30 seconds in duration;
(iii) Transmit the specified signals by automatically changing the operating frequency of the transmitter from 500 kHz to 8364 kHz and vice versa with a transfer time interval not to exceed one second;
(iv) Completely de-energize the receiver during operation of the transmitter;
(v) Be capable of testing the required automatic keying arrangement without the generation of radio frequency energy; and
(vi) For automatic transmission of the international radiotelegraph distress signal, not exceed 16 words per minute or be less than 8 words per minute. The alarm signal dashes must have a duration within the limits of 3.8 to 4.2 seconds, and the spaces between each of the 12 dashes constituting a series must have a duration within the limits of 0.8 to 1.2 seconds.
(f) Survival craft radio receivers must meet the following requirements:
(1) The receiver must be capable of receiving A2A or H2A emission over the 492-508 kHz band without manual tuning and when manually tuned must be capable of receiving A1A and A2A or H2A and J2A emission on any frequency in the 8320-8745 kHz band;
(2) The selectivity of the receiver preceeding the final detector must be
(3) The audio frequency response of the receiver must be flat within 6 dB over the range of frequencies between 400 and 1400 Hertz; and
(4) The receiver must be equipped with only one manually operated volume control.
(g) The artificial antenna must meet the following requirements:
(1) Provide a reliable test load for the transmitter at the frequencies 500 kHz and 8364 kHz of approximately the same electrical characteristics as the single wire or collapsible rod antenna required by this section;
(2) Be housed in a single container and provided with terminals. If more than two terminals are provided on the artificial antenna, all the terminals must be labelled; and
(3) Be prominently labelled “FOR TEST USE ONLY”.
(a) Survival craft portable radio equipment must be provided as a single portable buoyant unit consisting of a transmitter, receiver including headphones, power supply, grounding system, antenna system and line for lowering the apparatus. Each totally enclosed lifeboat must comply with the additional equipment requirements specified in this section:
(1) The radio must float in sea water and withstand a drop into sea water in various positions from a height of 6 meters (20 feet), without requiring repair or adjustment other than normal antenna tuning. The operating controls, indicating devices and instruments, including the headphones, must be protected against physical damage and from prolonged exposure to the weather. The radio must withstand submersion in sea water so that no part is less than 5 centimeters (2 inches) below the surface of the water for two hours without leaking;
(2) The radio must be fitted with handles or grips. It must be carryable by either one or two persons;
(3) The radio must be designed to attach to a lifeboat thwart by lashing or other acceptable means;
(4) The radio, exclusive of the line for lowering, must not weigh more than 27 kilograms (60 pounds). A radio for use in a totally enclosed lifeboat must not weigh more than 18 kilograms (40 pounds);
(5) The line for lowering must consist of not less than 12 meters (40 feet) of 9 thread manila or sisal rope, or the equivalent thereof, which must be securely attached to the radio at all times;
(6) All removable components necessary for the proper operation of the radio must be attached to this equipment;
(7) Each radio must have a durable removable plate showing clearly the survival craft radio call sign in letters and digits and in characters of the Morse code; and
(8) The maximum overall dimensions of the radio to be used in totally enclosed lifeboats including accessories must not exceed 35 by 40 by 50 centimeters (14 by 16 by 20 inches).
(b)(1) Portable survival craft radio transmitters must meet the following requirements:
(2) The transmitter must be equipped with a visual indicator or indicators such as neon tubes to show antenna circuit resonance. Failure of the indicator(s) must not keep the transmitter from operating.
(c) Portable survival craft receivers must meet the following requirements:
(1) The audio output must be one milliwatt with a signal to noise power ratio of at least 10 to 1, when the receiver is supplied through the following artificial antennas with the respective radio frequency signals:
(2) The noise power present in the output of the receiver when the receiver is adjusted for A2A or H2A emission on 500 kHz and 8364 kHz must be determined with an unmodulated input signal of the indicated strength.
(d) The power supply must meet the following requirements:
(1) The source of power must be a manually operated electric generator capable of energizing the survival craft radio installation. The mechanical power applied to the crank handle(s) or the propelling lever(s) of the generator driving mechanism must not exceed a maximum of 0.15 horsepower for any operation of the survival craft radio installation at any temperature of the generator and its associated driving mechanism between minus 30 degrees and plus 50 degrees Celsius. Under these conditions the speed of rotation of the crank handle(s) must not be greater than 70 revolutions per minute nor must the cycles of operation of the propelling lever(s) be greater than 70 cycles per minute. The voltages applied to the radio installation must not vary from their normal values more than 20 percent at any generator speed in excess of the normal operating speed which can be manually developed.
(e) The antenna system must consist of a single wire antenna with a collapsible mast or a collapsible rod antenna conforming to the following requirements:
(1) The single wire antenna must be at least 12 meters (40 feet) of at least No. 10 AWG insulated extra-flexible stranded copper and include a means for fastening the wire to the antenna supports, and means for making electrical connection to the transmitter;
(2) Each totally enclosed lifeboat must be provided with a collapsible rod antenna which operates in either a freestanding position or supported only by a grommet in the canopy of the lifeboat. The antenna must be capable of being erected from within the enclosure. Antennas for use in totally enclosed lifeboats must be certificated.
(f) The grounding system must consist of either a conducting wire or plate to provide an efficient ground for the portable survival craft equipment. The conducting wire must consist of a length of not less than 6 meters (20 feet) of No. 10 AWG bare stranded copper or equivalent copper braid weighted at one end for immersion in the sea. The ground plate must consist of a bare plate or strips of corrosion resistant metal having a total area of at least .6 square meters (6.5 square feet) and must be located on the hull of the lifeboat below the waterline. The electrical connection to the grounding conductor or to the ground plate must be made from inside the lifeboat.
(a)(1) The radio transmitter must meet the following requirements:
(2) The transmitter must have an antenna current meter.
(b) Survival craft non-portable receivers must meet the following requirements:
(1) The audio output must be one milliwatt at a signal to noise power ratio of at least 10 to 1, when the receiver is supplied through the following artificial antennas with the respective radio frequency signals:
(2) When the receiver is adjusted for A2A or H2A emission on 500 kHz and 8364 kHz the noise power present in the output of the receiver must be determined with an unmodulated input signal of the indicated strength;
(3) The audio output of the receiver must be capable of at least 8 dB above one milliwatt at the rated loan impedance.
(a) The radiotelephone distress frequency watch receiver is comprised of a receiver, a loudspeaker and a radiotelephone auto alarm device.
(b) The radiotelephone distress frequency watch receiver must meet the following requirements:
(1) The receiver must be capable of being switched to 2182 kHz and of receiving signals of at least A2A, A2B, H2A and H2B emissions;
(2) The receiver sensitivity must provide a SINAD of 20 dB at the audio output when a 30 microvolt signal with A2A, A2B, H2A, or H2B emission modulated 30% at 400 Hz is applied to the receiver RF terminals;
(3) The audio output of the receiver must be at least 50 milliwatts at the rated load impedance;
(4) The receiver must be provided with an auto alarm device which mutes the receiver (silences the loudspeaker) unless the radiotelephone alarm signal or the signal preceeding a vital navigational warning is received. When the auto alarm is activated the receiver audio output level must be louder than the output level of the received speech signal. Additionally, the receiver must meet the following requirements:
(i) When the receiver is muted its audio output power must be less than 1 milliwatt;
(ii) If tone filters are used to process the 1300 Hz and 2200 Hz tones the tolerance of their center frequency must be
(iii) The receiver must not be unmuted by atmospherics or by strong signals other than the radiotelephone alarm and the vital navigational warning signal.
(5) The receiver must be unmuted within 4 to 6 seconds when a double sideband alarm signal modulated at 70% is applied at its input terminals at a level which produces a SINAD of 10 dB under the following conditions:
(i) For radiotelephone alarm the signal must be modulated sequentially by a 1300
(ii) For navigational warning the signal must be modulated by a 2200
(6) The receiver must not be unmuted when a double sideband signal of 70 dB above the receiver measured sensitivity, modulated at 70% by a 2200
(i) “On” periods of less than 175 milliseconds or more than 325 milliseconds followed by “off” periods of any duration; and
(ii) “Off” periods of less than 175 milliseconds or more then 425 milliseconds followed by “on” periods of any duration.
(7) The controls listed below must be provided on the exterior of the equipment:
(i) On/off switch with a visual indication that the device is on;
(ii) Volume control to adjust the audio output;
(iii) Control for dimming any light on the equipment;
(iv) Control for switching the auto alarm in and out of operation; and
(v) Control to manually reset the auto alarm to muted condition.
(8) The receiver must operate within specifications throughout the temperature range 0-50 degrees Celsius at relative humidities as high as 95%.
(9) The receiver must be capable of operating when subjected to vibrations having a frequency between 20 and 30 Hertz and an amplitude of 0.76 mm (0.03 inch) in a direction at an angle of 30 to 45 degrees with the base of the auto alarm.
(a) Portable survival craft radiotelephone transceivers must comply with the following:
(1) The transceivers must receive and transmit either on 457.525 MHz or on 156.800 MHz;
(2) The receiver must comply with the requirements in part 15, subpart C of this chapter and must have a sensitivity of not more than 2 microvolts. The sensitivity requirement must be met using the receiver sensitivity measurement procedure specified in the Radio Technical Commission for Marine Services (RTCM) Special Committee No. 66 Report MMS-R2;
(3) The effective radiated power of the transmitter must be at least 0.1 watt;
(4) The transceivers must be battery powered and operate for at least four hours with a transmit to receive ratio of 1:9 with no significant adverse effect upon the performance of the device;
(5) The transceivers must have a permanently attached waterproof label with the statement “Complies with the FCC requirements for survival craft two-way radiotelephone equipment”; and
(6) The antenna must be permanently attached to the device or its removal must require the use of a special tool.
(b) Portable radiotelephone transceivers that are already certificated may be used to satisfy the survival craft radiotelephone requirement until October 1, 1993, provided the device meets the technical requirements in paragraphs (a) (1) through (3) of this section.
(c) Survival craft radiotelephone equipment installed after October 1, 1988, must be certificated to meet the requirements of this section.
(d) After October 1, 1993, all portable radiotelephone transceivers that are
(e) Portable radiotelephone transceivers which are type accepted to meet the requirements of this section must be identified by an appropriate note in the Commission's database.
The technical requirements for radar equipment are contained in § 80.825.
(a) Each public coast station operating on telegraphy frequencies in the band 405-535 kHz must maintain a watch for classes A1A, A2B and H2B emissions by a licensed radiotelegraph operator on the frequency 500 kHz for three minutes twice each hour, beginning at x h.15 and x h.45 Coordinated Universal Time (UTC).
(b) Each public coast station licensed to operate in the band 1605-3500 kHz must monitor such frequency(s) as are used for working or, at the licensee's discretion, maintain a watch on 2182 kHz.
(c) Except for distress, urgency or safety messages, coast stations must not transmit on 2182 kHz during the silence periods for three minutes twice each hour beginning at x h.00 and x h.30 Coordinated Universal Time (UTC).
(d) Each public coast station must provide assistance for distress communications when requested by the Coast Guard.
(a) When changes occur in the operation of a public coast station which include discontinuance, reduction or suspension of a watch required to be maintained on 500 kHz, 2182 kHz, or 156.800 MHz, notification must be made by the licensee to the nearest district office of the U.S. Coast Guard as soon as practicable. The notification must include the estimated or known resumption time of the watch.
(b) [Reserved]
(a) During its hours of operation, each coast station operating in the 156-162 MHz band and serving rivers, bays and inland lakes except the Great Lakes, must maintain a safety watch on the frequency 156.800 MHz except when transmitting on 156.800 MHz.
(b) A coast station is exempt from compliance with the watch requirement when Federal, State, or Local Government stations maintain a watch on 156.800 MHz over 95% of the coast station's service area. Each licensee exempted by rule must notify the nearest district office of the U.S. Coast Guard at least thirty days prior to discontinuing the watch, or in the case of new stations, at least thirty days prior to commencing service. The Coast Guard may require any coast station to maintain the watch temporarily or permanently. The Coast Guard may also require any coast station to remain capable of either immediately resuming the watch or providing the Coast Guard direct dial-up access to the necessary 156.800 MHz transceiver at no charge so that the Coast Guard can maintain the watch.
(c) If the government station(s) providing the 156.800 MHz watch over the service area of an exempt station temporarily discontinues that watch, the exempt coast station upon receiving notice of this condition must maintain the watch on 156.800 HMz during the discontinuance. Automated maritime communications systems’ compliance with this requirement is limited to the use of existing facilities.
(a) Each ship station operating on telegraphy frequencies in the band 405-535 kHz, must maintain a watch on the
(b) Each ship station operating on telephony on frequencies in the band 1605-3500 kHz must maintain a watch on the frequency 2182 kHz. This watch must be maintained at least twice each hour for 3 minutes commencing at x h.00 and x h.30 Coordinated Universal Time (UTC) using either a loudspeaker or headphone. Expect for distress, urgency or safety messages, ship stations must not transmit during the silence periods on 2182 kHz.
(a) Each ship of the United States which is equipped with a radiotelegraph station for compliance with part II of title III of the Communications Act or chapter IV of the Safety Convention must:
(1) Keep a continuous and efficient watch on 500 kHz by means of radio officers while being navigated in the open sea outside a harbor or port. In lieu thereof, on a cargo ship equipped with a radiotelegraph auto alarm in proper operating condition, an efficient watch on 500 kHz must be maintained by means of a radio officer for at least 8 hours per day in the aggregate, i.e., for at least one-third of each day or portion of each day that the vessel is navigated in the open sea outside of a harbor or port.
(2) Keep a continuous and efficient watch on the radiotelephone distress frequency 2182 kHz from the principal radio operating position or the room from which the vessel is normally steered while being navigated in the open sea outside a harbor or port. A radiotelephone distress frequency watch receiver having a loudspeaker and a radiotelephone auto alarm facility must be used to keep the continuous watch on 2182 kHz if such watch is kept from the room from which the vessel is normally steered. After a determination by the master that conditions are such that maintenance of the listening watch would interfere with the safe navigation of the ship, the watch may be maintained by the use of the radiotelephone auto alarm facility alone.
(3) Keep a continuous and efficient watch on the VHF distress frequency 156.800 MHz from the room from which the vessel is normally steered while in the open sea outside a harbor or port. The watch must be maintained by a designated member of the crew who may perform other duties, relating to the operation or navigation of the vessel, provided such other duties do not interfere with the effectiveness of the watch. Use of a properly adjusted squelch or brief interruptions due to other nearby VHF transmissions are not considered to adversely affect the continuity or efficiency of the required watch on the VHF distress frequency. This watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services (VTS) system as required or recommended by the U.S. Coast Guard, when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a separate assigned VTS frequency.
(b) Each cargo ship of the United States which is equipped with a radiotelephone station for compliance with part II of title III of the Communications Act or chapter IV of the Safety Convention must while being navigated outside of a harbor or port:
(1) Keep a continuous watch on 2182 kHz in the room from which the vessel is normally steered while at sea, whenever such station is not being used for authorized traffic. Such watch must be maintained by at least one officer or crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. A radiotelephone watch receiver having a loudspeaker and a radiotelephone auto alarm must be used to keep the continuous watch on 2182 kHz. After a determination by the master that maintenance of the watch would interfere with the safe navigation of the ship, the watch may be maintained by use of the radiotelephone auto alarm facility alone.
(2) Keep a continuous watch on 156.800 MHz from the room from which the vessel is normally steered. The
(c) Each vessel of the United States transporting more than six passengers for hire, which is equipped with a radiotelephone station for compliance with part III of title III of the Communications Act must, while being navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, keep a continuous watch on 2182 kHz while the vessel is beyond VHF communication range of the nearest VHF coast station, whenever the radiotelephone station is not being used for authorized traffic. A VHF watch must be kept on 156.800 MHz whenever such station is not being used for authorized traffic. The VHF watch must be maintained at the vessel's steering station actually in use by the qualified operator as defined by § 80.157 or by a crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. The use of a properly adjusted squelch is not considered to adversely affect the watch. The VHF watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services (VTS) system when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a VTS frequency.
(a) The radio officer must use the main or reserve receiver, and either headphones or a loudspeaker to keep the watch on 500 kHz.
(b) During the watch, the radio officer may temporarily interrupt the required watch on 500 kHz while transmitting or receiving signals or messages to or from a station but only if it is not feasible to simultaneously handle such traffic and listen on 500 kHz by split headphones or a loudspeaker. The watch on 500 kHz must, however, without exception be maintained during the silence periods.
(c) During this watch, on vessels subject to the Communications Act and the Safety Convention on international voyages, the radio officer may discontinue listening when handling traffic on other frequencies or performing other essential radio duties, but only if it is impracticable to listen by split headphones or loudspeaker. The watch must always be maintained by a radio officer using headphones or loudspeaker during the silence periods. The term “essential radio duties” in this rule includes urgent repairs of radio-communication equipment used for safety or radio navigational equipment by order of the master.
(d) When authorized by the master, the radio officer may perform maintenance repair of communications, navigation or other electronic equipment outside of the radiotelegraph room, provided that the listening watch on 500 kHz can be maintained by headphones, loudspeakers, portable receivers, or other suitable means. The watch on 500 kHz must be maintained in the radiotelegraph room during the silence period.
The radiotelegraph auto alarm required on a cargo ship subject to the radiotelegraph provisions of part II of title III of the Communications Act or the Safety Convention must be in operation, connected to the main antenna and adjusted for optimum efficiency at all times while the ship is being navigated in the open sea when a radio officer is not listening on the frequency 500 kHz, except under the circumstances as set forth in § 80.306(b).
(a) Each ship of the United States that is equipped with a radiotelephone station for compliance with the Great
(1) 156.800 MHz on board a vessel 20 meters (65 feet) and over in length, a vessel engaged in towing (See § 80.951(b)), or a vessel carrying more than 6 passengers for hire. This watch must be maintained whenever the station is not being used for authorized traffic. However, a watch on 156.800 MHz need not be maintained by a vessel maintaining a watch on the bridge-to-bridge frequency 156.650 MHz
(2) 156.650 MHz on board a vessel 38 meters (124 feet) and over in length, a vessel engaged in towing (See § 80.951(b)), or a vessel carrying more than six passengers for hire. This watch must be maintained continuously and effectively. Sequential monitoring is not sufficient. Portable VHF equipment may be used to meet this requirement. Vessels are exempted from this requirement while transiting the St. Lawrence Seaway and complying with the Joint Regulations of the St. Lawrence Seaway Authority and St. Lawrence Seaway Development Corporation between the lower exit of St. Lambert Lock at Montreal and Crossover Island, New York and in the Welland Canal and approaches between Calling in Point No. 15 and No. 16.
(b) The watch must be maintained by the master, or person designated by the master, who may perform other duties provided they do not interfere with the effectiveness of the watch.
In addition to the watch requirement contained in § 80.148, all vessels subject to the Bridge-to-Bridge Act must keep a watch on the designated navigational frequency. The watch must be maintained by the master or person in charge of the vessel or the person designated by the master or person in charge to pilot or direct the movement of the vessel. The person standing watch may perform other duties provided such other duties do not interfere with the watch.
Voluntary vessels not equipped with DSC must maintain a watch on 156.800 MHz (channel 16) whenever the radio is operating and is not being used to communicate. Noncommercial vessels, such as recreational boats, may alternatively maintain a watch on 156.450 MHz (channel 9) for call and reply purposes.
A mobile station in distress may use any means at its disposal to attract attention, make known its position, and obtain help. A distress call and message, however, must be transmitted only on the authority of the master or person responsible for the mobile station. No person shall knowingly transmit, or cause to be transmitted, any false or fraudulent signal of distress or related communication.
The distress call has absolute priority over all other transmissions. All stations which hear it must immediately cease any transmission capable of interfering with the distress traffic and must continue to listen on the frequency used for the emission of the distress call. This call must not be addressed to a particular station. Acknowledgement of receipt must not be given before the distress message which follows it is sent.
The frequencies specified in the bands below are for use by mobile stations in distress. The conventional emission is shown. When a ship station cannot transmit on the designated frequency or the conventional emission, it may use any available frequency or
(a) The international radiotelegraphy distress signal consists of the group “three dots, three dashes, three dots” (... ---...), symbolized herein by SOS, transmitted as a single signal in which the dashes are slightly prolonged so as to be distinguished clearly from the dots.
(b) The international radiotelephone distress signal consists of the word MAYDAY, pronounced as the French expression “m'aider”.
(c) These distress signals indicate that a mobile station is threatened by grave and imminent danger and requests immediate assistance.
(a) The radiotelegraph distress call consists of:
(1) The distress signal SOS, sent three times;
(2) The word DE;
(3) The call sign of the mobile station in distress, sent three times.
(b) The radiotelephone distress call consists of:
(1) The distress signal MAYDAY spoken three times;
(2) The words THIS IS;
(3) The call sign (or name, if no call sign assigned) of the mobile station in distress, spoken three times.
(a) The radiotelegraph distress message consists of:
(1) The distress signal SOS;
(2) The name of the mobile station in distress;
(3) Particulars of its position;
(4) The nature of the distress;
(5) The kind of assistance desired;
(6) Any other information which might facilitate rescue.
(b) The radiotelephone distress message consists of:
(1) The distress signal MAYDAY;
(2) The name of the mobile station in distress;
(3) Particulars of its position;
(4) The nature of the distress;
(5) The kind of assistance desired;
(6) Any other information which might facilitate rescue, for example, the length, color, and type of vessel, number of persons on board.
(c) As a general rule, a ship must signal its position in latitude and longitude, using figures for the degrees and minutes, together with one of the words NORTH or SOUTH and one of the words EAST or WEST. In radiotelegraphy, the signal .-.-.- must be used to separate the degrees from the minutes. When practicable, the true bearing and distance in nautical miles from a known geographical position may be given.
(a) The international radiotelegraph alarm signal consists of a series of twelve dashes sent in one minute, the duration of each dash being four seconds and the duration of the interval between consecutive dashes one second. The purpose of this special signal is the actuation of automatic devices giving the alarm to attract the attention of the operator when there is no listening watch on the distress frequency.
(b) The international radiotelephone alarm signal consists of two substantially sinusoidal audio frequency tones transmitted alternately. One tone must have a frequency of 2200 Hertz and the other a frequency of 1300 Hertz, the duration of each tone being 250 milliseconds. When generated by automatic means, the radiotelephone alarm signal must be transmitted continuously for a period of at least 30 seconds, but not exceeding one minute; when generated by other means, the signal must be transmitted as continuously
(a) The radiotelegraph or radiotelephone alarm signal, as appropriate, must only be used to announce:
(1) That a distress call or message is about to follow;
(2) The transmission of an urgent cyclone warning. In this case the alarm signal may only be used by coast stations authorized by the Commission to do so; or
(3) The loss of a person or persons overboard. In this case the alarm signal may only be used when the assistance of other ships is required and cannot be satisfactorily obtained by the use of the urgency signal only, but the alarm signal must not be repeated by other stations. The message must be preceded by the urgency signal.
(b) In cases described in paragraphs (a)(2) and (3) of this section, the transmission of the warning or message by radiotelegraphy must not begin until two minutes after the end of the radiotelegraph alarm signal.
(a) The radiotelegraph distress procedure consists of the following six steps: however, when time is vital, the first and second steps may be omitted. These two steps of the distress procedure may also be omitted in circumstances when transmission of the alarm signal is considered unnecessary:
(1) The radiotelegraph alarm signal;
(2) The distress call and an interval of two minutes;
(3) The distress call;
(4) The distress message;
(5) Two dashes of ten to fifteen seconds each;
(6) The call sign of the mobile station in distress.
(b) The radiotelegraph distress transmissions must be sent by means of the international Morse code at a speed not exceeding 16 words per minute nor less than 8 words per minute.
(c) The distress message, preceded by the distress call, must be repeated at intervals, especially during the 500 kHz international silence periods, until an answer is received. The radiotelegraph alarm signal may also be repeated, if necessary.
(d) The transmissions under paragraphs (a) (5) and (6) of this section, which are to permit direction finding stations to determine the position of the station in distress, may be repeated at frequent intervals if necessary.
(e) When the mobile station in distress receives no answer to a distress message transmitted on the distress frequency, the message may be repeated on any other available frequency on which attention might be attracted.
(a) The radiotelephone distress procedure consists of:
(1) The radiotelephone alarm signal (whenever possible);
(2) The distress call;
(3) The distress message.
(b) Radiotelephone distress transmissions must be made slowly and distinctly, each word being clearly pronounced to facilitate transcription.
(c) After the transmission by radiotelephony of its distress message, the mobile station may be requested to transmit suitable signals followed by its call sign or name, to permit direction-finding stations to determine its position. This request may be repeated at frequent intervals if necessary.
(d) The distress message, preceded by the distress call, must be repeated at intervals until an answer is received. This repetition must be preceded by the radiotelephone alarm signal whenever possible.
(e) When the mobile station in distress receives no answer to a distress message transmitted on the distress frequency, the message may be repeated on any other available frequency on which attention might be attracted.
(a) Stations of the maritime mobile service which receive a distress message from a mobile station which is beyond any possible doubt in their vicinity must immediately acknowledge receipt. However, in areas where reliable communication with one or more coast stations is practicable, ship stations may defer this acknowledgement for a short interval so that a coast station may acknowledge receipt.
(b) Stations of the maritime mobile service which receive a distress message from a mobile station which beyond any possible doubt is not in their vicinity, must allow a short interval of time to elapse before acknowledging receipt of the message in order to permit stations nearer to the mobile station in distress to acknowledge receipt without interference.
(a) The acknowledgement of receipt of a radiotelegraph distress message is transmitted in the following form:
(1) The distress signal SOS;
(2) The call sign of the station sending the distress message, sent three times;
(3) The word DE;
(4) The call sign of the station acknowledging receipt, sent three times;
(5) The group RRR;
(6) The message signal SOS.
(b) The acknowledgement of receipt of a radiotelephone distress message is transmitted in the following form:
(1) The distress signal MAYDAY;
(2) The call sign or other identification of the station sending the distress message, spoken three times;
(3) The words THIS IS;
(4) The call sign or other identification of the station acknowledging receipt, spoken three times;
(5) The word RECEIVED;
(6) The distress signal MAYDAY.
(a) Every mobile station which acknowledges receipt of a distress message must on the order of the master or person responsible for the ship, aircraft, or other vehicle carrying such mobile station, transmit as soon as possible the following information in the order shown:
(1) Its identifier;
(2) Its position;
(3) The speed at which it is proceeding towards, and the approximate time it will take to reach the mobile station in distress.
(b) Before sending this message, the station must ensure that it will not interfere with the emissions of other stations better situated to render immediate assistance to the station in distress.
(a) A mobile station or a land station which learns that a mobile station is in distress must transmit a distress message in any of the following cases:
(1) When the station in distress cannot transmit the distress message.
(2) When the master or person responsible for the ship, aircraft, or other vehicle not in distress, or for the land station, believes that further help is necessary.
(3) When, although not in a position to assist, it has heard a distress message which has not been acknowledged. When a mobile station transmits such a distress message, it must notify the authorities who may be able to assist.
(b) Transmission must be made on the international distress frequencies or on any other available frequency on which attention might be attracted.
(c) Transmission of the distress message must always be preceded by the call indicated below, which must itself be preceded whenever possible by the radiotelegraph or radiotelephone alarm signal. This call consists of:
(1) When radiotelegraphy is used:
(i) The signal DDD SOS SOS SOS DDD:
(ii) The word DE;
(iii) The call sign of the transmitting station, sent three times.
(2) When radiotelephony is used:
(i) The signal MAYDAY RELAY, spoken three times;
(ii) The words THIS IS;
(iii) The call sign or other identification of the transmitting station, spoken three times.
(d) When the radiotelegraph alarm signal is used, an interval of two minutes must be allowed, whenever this is considered necessary, before the transmission of the call mentioned in paragraph (c)(1) of this section.
(a) Distress traffic consists of all messages relating to the immediate assistance required by the mobile station in distress. In distress traffic, the distress signal must be sent before the call and at the beginning of the preamble of any radiotelegram.
(b) The control of distress traffic is the responsibility of the mobile station in distress or of the station which has sent the distress message. These stations may delegate the control of the distress traffic to another station.
(c) The station in distress or the station in control of distress traffic may impose silence either on all stations of the mobile service in the area or on any station which interferes with the distress traffic. It must address these instructions “to all stations” or to one station only, according to circumstances. In either case, it must use one of the following signals which are reserved for use by the mobile station in distress and for the station controlling distress traffic:
(1) In radiotelegraphy, the abbreviation QRT, followed by the distress signal SOS.
(2) In radiotelephony, the signal SEELONCE MAYDAY.
(d) If essential, any station of the mobile service near the ship, aircraft, or other vehicle in distress may also impose silence. It must use for this purpose:
(1) In radiotelegraphy, the abbreviation QRT, followed by the word DISTRESS and its own call sign;
(2) In radiotelephony, the word SEELONCE, followed by the word DISTRESS and its own call sign or other identification.
(a) When distress traffic has ceased, or when complete silence is no longer necessary on a frequency which has been used for distress traffic, the station which has controlled this traffic must transmit on that frequency a message addressed “to all stations” indicating that normal working may be resumed.
(1) In radiotelegraphy, this message consists of:
(i) The distress signal SOS;
(ii) The call “to all stations” (CQ), sent three times;
(iii) The word DE;
(iv) The call sign of the station sending the message;
(v) The time of handing in the message;
(vi) The name and call sign of the mobile station which was in distress;
(vii) The service abbreviation QUM.
(2) In radiotelephony, this message consists of:
(i) The distress signal MAYDAY;
(ii) The call “Hello all stations”, spoken three times;
(iii) The words THIS IS;
(iv) The call sign or other identification of the station sending the message;
(v) The time of handing in of the message;
(vi) The name and call sign of the mobile station which was in distress;
(vii) The words SEELONCE FEENEE OR PRU-DONCE.
(b) Until they receive the foregoing message indicating that normal or limited working may be resumed, all stations which are aware of the distress traffic, and which are not taking part in it, are forbidden to transmit on the frequencies on which the distress traffic is taking place.
(a) The urgency signal indicates that the calling station has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or the safety of a person. The urgency signal must be sent only on the authority of the master or person responsible for the mobile station.
(b) In radiotelegraphy, the urgency signal consists of three repetitions of the group XXX, sent with the individual letters of each group, and the successive groups clearly separated from each other. It must be transmitted before the call.
(c) In radiotelephony, the urgency signal consists of three oral repetitions
(d) The urgency signal has priority over all other communications except distress. All mobile and land stations which hear it must not interfere with the transmission of the message which follows the urgency signal.
(a) The urgency signal and call, and the message following it, must be sent on one of the international distress frequencies. Stations which cannot transmit on a distress frequency may use any other available frequency on which attention might be attracted.
(b) Mobile stations which hear the urgency signal must continue to listen for at least three minutes. At the end of this period, if no urgency message has been heard, they may resume their normal service. However, land and mobile stations which are in communication on frequencies other than those used for the transmission of the urgency signal and of the call which follows it may continue their normal work without interruption provided the urgency message is not addressed “to all stations”.
(c) When the urgency signal has been sent before transmitting a message “to all stations” which calls for action by the stations receiving the message, the station responsible for its transmission must cancel it as soon as it knows that action is no longer necessary. This message of cancellation must likewise be addressed “to all stations”.
(a) The safety signal indicates that the station is about to transmit a message concerning the safety of navigation or giving important meteorological warnings.
(b) In radiotelegraphy, the safety signal consists of three repetitions of the group TTT, sent with the individual letters of each group, and the successive groups clearly separated from each other. It must be sent before the call.
(c) In radiotelephony, the safety signal consists of the word SECURITE, pronounced as in French, spoken three times and transmitted before the call.
(d) The safety signal and call must be sent on one of the international distress frequencies (500 kHz or 8364 kHz radiotelegraph; 2182 kHz or 156.8 MHz radiotelephone). Stations which cannot transmit on a distress frequency may use any other available frequency on which attention might be attracted.
(a) The safety signal and call must be followed by the safety message. Where practicable, the safety message should be sent on a working frequency, and a suitable announcement to this effect must be made at the end of the call.
(b) Except for the cases mentioned in paragraph (c) of this section, the safety signal when sent on the frequency 500 kHz must be transmitted toward the end of the first available silence period; the safety message must be transmitted immediately after the silence period.
(c) Messages about meteorological warnings, of cyclones, dangerous ice, dangerous wrecks, or any other imminent danger to marine navigation must be preceded by the safety signal.
(d) Stations hearing the safety signal must not make any transmission likely to interfere with the message.
(a) Vessels subject to the Bridge-to-Bridge Act transmitting on the designated navigational frequency must conduct communications in a format similar to those given below:
(1) This is the (name of vessel). My position is (give readily identifiable position, course and speed) about to (describe contemplated action). Out.
(2) Vessel off (give a readily identifiable position). This is (name of vessel) off (give a readily identifiable position). I plan to (give proposed course of action). Over.
(3) (Coast station), this is (vessel's name) off (give readily identifiable position). I plan to (give proposed course of action). Over.
(b) Vessels acknowledging receipt must answer “(Name of vessel calling). This is (Name of vessel answering). Received your call,” and follow with an indication of their intentions. Communications must terminate when each
(c) Use of power greater than 1 watt in a bridge-to-bridge station shall be limited to the following three situations:
(1) Emergency.
(2) Failure of the vessel being called to respond to a second call at low power.
(3) A broadcast call as in paragraph (a)(1) of this section in a blind situation, e.g., rounding a bend in a river.
(a) Survival craft stations may transmit distress, urgency and safety signals, calls and messages.
(b) EPIRB's may transmit only in accordance with the requirements of subparts V and X of this part.
The provisions of §§ 80.311 and 80.324 apply to the operations of ship earth stations in the maritime mobile-satellite service.
The following sections describe the carrier frequencies and general uses of radiotelegraphy with respect to the following:
(a) Unless otherwise indicated radiotelegraphy may be used by ship and public coast stations only.
(b) The signal code for Morse telegraphy must be the international Morse code signals specified in the Telegraph Regulations annexed to the International Telecommunication Convention.
(c) To facilitate communications, ship stations transmitting by means of radiotelegraphy must use the service abbreviations (“Q” signals) listed in Appendix 14 to the ITU Radio Regulations whenever practicable.
(d) In order to reduce interference stations must attempt to select calling frequencies which provide the most favorable propagational characteristics for effecting reliable communications.
(e) Coast stations may apply to use for telegraphy communications any additional coast station frequencies that are allocated for such communications in the 10-27500 kHz band that are not listed in this part. See the Table of Frequency allocations in § 2.106 of this chapter. The use of such frequencies will be authorized initially with a six month provisional period.
(f) Radiotelegraphy stations communicating with a Government station may transmit on a Government frequency when authorized to do so by the Government station or agency if the emission, bandwidth and frequency tolerance of the non-Government station are within the same limits as the Government station.
This section describes the distress, urgency, safety, call and reply carrier frequencies assignable to stations for Morse code radiotelegraphy.
(a)
(b)
(2) In Region 2 and areas of heavy traffic ship stations must request coast stations to listen on the ship station's working frequencies.
(3) In areas where 500 kHz is used for distress a ship or coast station must use the supplementary calling frequency 512 kHz for routine calling and normally request a reply on its working frequency. The called station may reply on 512 kHz when requested to do so by the calling station.
(c)
(2)
(3)
(d)
(2) EPIRB stations may be assigned 121.500 MHz and 243.000 MHz using A3E, A3X and NON emission or 156.750 MHz and 156.800 MHz using G3N emission to aid search and rescue operations. See subpart V of this part.
This section describes the working frequencies assignable to maritime stations for A1A or J2A radiotelegraphy.
(a)
(2)
(3)
(i) Two Channel Series will be assigned for routine use to each ship station. Frequencies from any other Channel Series may be used if the frequencies in the assigned Channel Series are not adequate for communications.
(ii) If the frequencies listed in paragraph (3)(i) of this section are not adequate for communications, ship stations may use any of the non-paired narrow-band direct-printing frequencies listed in § 80.361(b) of this part for A1A or J2A radiotelegraphy.
(b)
(2)
(i) Frequencies in the 100-160 kHz band are assignable to coast stations for high seas communications only;
(ii) Frequencies above 5 MHz may be assigned primarily to stations serving the high seas and secondarily to stations serving inland waters of the United States, including the Great Lakes, under the condition that interference will not be caused to any coast station serving the high seas. Applicants for these frequencies must submit a substantial showing of need based on the following factors:
(A) A schedule of each currently licensed Morse working frequency and the expected use of the proposed frequencies;
(B) For additional frequencies within the same MHz band, a factual showing of the 3 busiest hours of any 4 days within a consecutive 10 day period for each of the 2 months immediately preceding the filing of the application indicating that the applicant has used its currently assigned frequencies within the same MHz band an aggregate average of at least 40% of the 3 busiest hours of each day for exchanging communications; and
(C) Any other facts that support the need for the proposed assignment,
(iii) The frequency 410 kHz may be used on a secondary basis for the transmission of radiodetermination information and for transmitting by radiotelegraph radiodetermination messages to direction-finding stations; and
(iv) The frequency 512 kHz may be used as a supplementary calling frequency when 500 kHz is used for distress, urgency and safety communications. The use of the 512 kHz as a working frequency is prohibited in areas where 500 kHz is used for distress, urgency and safety communications.
(a)
(b)
(c)
(a)
(2) Applicants for these frequencies must submit a substantial showing of need based on the following factors:
(i) A schedule of each currently licensed NBDP frequency and the expected use of the proposed frequencies;
(ii) For additional frequencies within the same MHz band, a factual showing of the 3 busiest hours of any 4 days within a consecutive 10 day period for each of the 2 months immediately preceding the filing of the application indicating that the applicant has used its currently assigned frequencies within the same MHz band an aggregate average of at least 40% of the 3 busiest hours of each day for exchanging communications; and
(iii) Any other facts that support the need for the proposed assignment,
(b)
(c)
(d) The frequencies in the 156-162 MHz band available for assignment to public coast stations that are contained in § 80.371(c) of this part are also available for radioprinter and data communications between ship and coast stations using F1B, F2B, F1D, or F2D emission.
(a) The non-paired frequencies with F1C, F3C, J2C or J3C emission which are assignable to ship and public coast stations for facsimile are as follows:
(1)
(2)
(b) The frequencies in the 156-162 MHz band available for assignment to public coast stations that are contained in § 80.371(c) of this part are also available for facsimile communications between ship and coast stations using F2C or F3C emission.
(c) The frequency 156.425 MHz is assigned by rule to private coast stations and ship stations in Alaska for ship-to-shore and ship-to-ship facsimile transmissions using F2C or F3C emissions.
The following sections describe the carrier frequencies and general conditions of use for the following types of radiotelephony:
—Distress, urgency, safety, call and reply.
—Working.
—Public.
—Private.
(a) Ship stations communicating with foreign coast stations may operate on any frequency designated by that coast station.
(b) Radiotelephony stations communicating with a Government station may transmit on a Government frequency when authorized to do so by the Government station or agency if the emission, bandwidth and frequency tolerance of the maritime station are within the same limits as the Government station.
(c) Frequencies assigned to Government radio stations are assignable to non-Government maritime stations for radiotelephony communications with other non-Government stations in connection with activities performed in coordination with or on behalf of the Government.
(d) Frequencies in the 2000-27500 kHz band will be authorized only to ship stations that in addition are authorized to use frequencies in the 156-162 MHz band.
(e) Frequencies in the 2000-2850 kHz band will be authorized to private coast stations that in addition are authorized to use frequencies in the 156-162 MHz band.
(f) Ship and coast stations authorized to use frequencies in both the 2000-27500 kHz and 156-162 MHz bands must not use frequencies in the 2000-27500 kHz band for communications with any other station which is within the VHF service range.
(g) Coast and ship station radiotelephone working frequencies are available for DSC general purpose calling under the provisions of § 80.207(a).
(h) Digital selective calling techniques are not authorized on the frequencies 2182 kHz or 156.800 MHz.
This section describes the general uses and frequencies assignable to maritime stations for distress, urgency, safety, call and reply radiotelephony communications.
(a) In the 1605-3500 kHz band, the frequency 2182 is an international radiotelephony distress, urgency and safety frequency for ship stations, public and private coast stations, and survival craft stations. It is also used for call and reply by ship stations on a primary basis and by public coast stations on a secondary basis. The carrier frequency 2191 kHz may be used as a supplementary calling frequency in areas of heavy usage of 2182 kHz. All stations must use J3E emission when operating on 2182 and 2191 kHz, except that:
(1) H3E emission may be used on 2182 kHz for communications with foreign coast and ship stations; or,
(2) A3E emission may be used on 2182 kHz by portable survival craft stations, or transmitters authorized for use prior to January 1, 1972. See § 80.203(c).
(b) The frequencies 4125.0 kHz, 6215 kHz, 8291 kHz, 12290 kHz, and 16420 kHz may be used by coast and ship stations on a simplex basis for distress and safety communications. The frequency 4125.0 kHz may also be used for distress and safety communications between aircraft and maritime mobile stations.
(c) The frequency 5167.5 kHz is available to any station for emergency communications in the State of Alaska. Peak envelope power of stations operating on this frequency must not exceed 150 watts. This frequency may also be used by Alaska private fixed stations for calling and listening, but only for establishing communication.
(d) In the 4000-27500 kHz band, the following coast frequencies are available for assignment to public coast stations for call and reply communications. The paired ship frequencies are available for use by authorized ship stations.
(e) In the 120-156 MHz band the following frequencies are used as indicated:
(1) The frequencies 121.500 MHz and 123.100 MHz using A3E emission are available for scene of action search and rescue operations to ship, coast and aircraft stations. Communications in support of search and rescue operations must employ the frequency 121.500 MHz only when communications on 123.100 MHz or other VHF frequencies is not practicable. Ship, coast and aircraft
(2) The frequency 156.525 MHz is available for intership, ship and coast general purpose, distress and safety DSC calls.
(3) The frequency 156.800 MHz is the international radiotelephone distress, urgency, safety, call and reply frequency for ship, public and private coast stations. Stations operating on 156.800 MHz must be able to transmit and receive using G3E emission.
(4) The frequency 156.450 MHz (channel 9) is available for intership, ship and coast station general purpose calling by noncommercial vessels, such as recreational boats. Distress, urgency and safety calls should initially be made on 156.800 MHz (channel 16) or, if equipped with DSC, on 156.525 MHz (channel 70).
This section describes the radiotelephony working frequencies assignable to ship and public coast stations.
(a)
(b)
(1) The following table specifies the carrier frequencies available for assignment to public coast stations. The paired ship frequencies are available for use by authorized ship stations.
(2) The following table specifies the additional carrier frequencies available for assignment to public coast stations for public correspondence. The paired ship frequencies are available for use by authorized ship stations. The specific frequency assignment available to public coast stations for a particular geographic area is indicated by an “x” under the appropriate column. Table B is based on the initial Appendix 25 Allotment Arrangement published by the International Frequency Registration Board (IFRB) (
(3) The following table specifies the non-paired carrier frequencies that are available for assignment to public coast stations for simplex operations subject to the provision of paragraph (b)(4) of this section. These frequencies are available for use by authorized ship stations for transmissions to coast stations (simplex operations). Assignments on these frequencies must accept interference. They are shared with government users and are considered “common use” frequencies under the international Radio Regulations. They cannot be notified for inclusion in the Master International Frequency Register, which provides stations with interference protection, but may be listed in the international List of Coast Stations. (
(4) Applicants for these public coast frequencies specified in this section must submit a substantial showing of need based on the following factors:
(i) A schedule of each currently licensed working frequency in the 4000-27500 kHz band and the expected use of the proposed frequencies;
(ii) For additional frequencies within the same MHz band, a factual showing of the 3 busiest hours of any 4 days within a consecutive 10 day period for each of the 2 months immediately preceding the filing of the application indicating that the applicant has used its
(iii) Any other facts that support the need for the proposed assignment, e.g.,
(iv) For simplex frequencies listed in paragraph (b)(3) of this section, an additional showing supporting the use of simplex rather than duplex frequencies for the proposed situation.
(c)
(ii) Service areas in the marine VHF 156-162 MHz band are VHF Public Coast Station Areas (VPCSAs). As listed in the table in this paragraph, VPCSAs are based on, and composed of one or more of, the U.S Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 1995). In addition, the Commission shall treat Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico as EA-like areas, and has assigned them EA numbers 173-176, respectively. Maps of the EAs and VPCSAs are available for public inspection and copying at the Public Safety and Private Wireless Division, room 8010, 2025 M Street, NW, Washington, DC. Except as shown in the table, the frequency pairs listed in paragraph (c)(1)(i) of this section are available for assignment to a single licensee in each of the VPCSAs listed in the table in this paragraph. In addition to the listed EAs listed in the table in this paragraph, each VPCSA also includes the adjacent waters under the jurisdiction of the United States.
(iii) Subject to paragraph (c)(3) of this section, each licensee may also operate on 12.5 kHz offset frequencies in areas where the licensee is authorized on both frequencies adjacent to the offset frequency, and in areas where the licensee on the other side of the offset frequency consents to the licensee's use of the adjacent offset frequency.
(2) Any recovered channel pairs will revert automatically to the holder of the VPCSA license within which such channels are included, except the channel pairs listed in the table in paragraph (c)(1)(ii) of this section. Those channel pairs, and any channel pairs recovered where there is no VPCSA licensee, will be retained by the Commission for future licensing.
(3) VPCSA licensees may not operate on Channel 228B (162.0125 MHz), which is available for use in the Coast Guard's Ports and Waterways Safety System (PAWSS)). In addition, within six months of the conclusion of the competitive bidding procedures to determine the licensees in each VPCSA, the U.S. Coast Guard shall submit to each licensee of VPCSAs 1-9 a plan specifying up to two narrowband channel pairs offset 12.5 kHz from the channels set forth in the table in paragraph (c)(1)(i) of this section, for use in the PAWSS. The final selection of the PAWSS channel pairs can be negotiated (if the VPCSA licensee objects to the Coast Guard proposal, it shall make a counterproposal within three months) and established by an agreement between the parties. All parties are required to negotiate in good faith. If no agreement is reached within one year of the date the Coast Guard submitted its plan, the Coast Guard may petition the Commission to select the channel pairs.
(4) Subject to the requirements of § 80.21, each VPCSA licensee may place stations anywhere within its region without obtaining prior Commission approval provided:
(i) It provides to co-channel coast station incumbent licensees, and incumbent Private Land Mobile Radio licensees authorized under part 90 of this chapter on a primary basis, protection as defined in subpart P of this part. VPCSA licensees that share a common border may either distribute the available frequencies upon mutual agreement or request that the Commission assign frequencies along the common border.
(ii) The locations and/or technical parameters of the transmitters are such that individual coordination of the
(iii) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245.
(iv) The transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter.
(d)
(e)
This section describes the carrier frequencies assignable for ship-to-ship and ship-to-coast private communications.
(a)
(1) Private coast stations must see J3E emission.
(2) On 2182 kHz, private coast stations must be capable of receiving J3E and H3E emissions.
(3) Except in the Mississippi River System and Great Lakes, private coast stations serving lakes or rivers are not authorized on the 2000-2850 kHz band.
(4) Private coast stations may use DSC for calling on their assigned frequencies in the 2000-27500 kHz band and on those frequencies in the 156-162 MHz band which are allocated for maritime control, commercial and non-commercial communications.
(b)
(1)
(2) Except for 2093.0 kHz and 2214.0 kHz the frequencies shown in paragraph (b)(1) of this section are authorized primarily for intership safety communications in the indicated geographic area.
(3) Except for the frequencies 2093.0 kHz, 2214.0 Khz and 2670.0 kHz the frequencies shown in paragraph (b)(1) of
(4) Ship stations may communicate with government coast stations on 2003.0 kHz about passage of vessels. Interference must not be caused to communications on the St. Lawrence Seaway and on the St. Mary's River.
(5) Ship stations may use 2670.0 kHz for communications with coast and ship stations of the U.S. Coast Guard. When a ship is not equipped to transmit on 2670.0 kHz or in the band 156-162 MHz the frequency 2003.0 kHz may be used on the Great Lakes for communications must not cause harmful interference to intership safety, operational and business communications.
(6) Navigational communications between ships and private coast stations may be exchanged on 2738.0 kHz and 2830.0 kHz. The frequencies 2214.0 kHz2738.0 kHz and 2830.0 kHz are assignable to private coast stations upon a showing that they need to communicate with commercial transport or Government ships. Private coast station applicants must show that public coast stations do not provide the required communications and harmful interference will not be caused to the intership use of these frequencies. The transmitter power must not exceed 150 watts. If 2214.0 kHz is authorized for ships, intership communication is also authorized. The geographic limitations to the frequencies 2738.0 KHz and 2830.0 Khz do not prohibit intership communication of less than 320 km (200 statute miles) when only one of the ship stations is within a permitted use geographic area.
(7) Private aircraft stations may communicate with ship stations on 2738.0 kHz and 2830.0 kHz if:
(i) The communications are limited to business or operational needs of the vessel while it is engaged in commercial fishing activities in the open sea or adjacent waters;
(ii) Harmful interference must not be caused to intership communications;
(iii) The maximum output power used for such communication must not exceed 25 watts;
(c)
(2) Assignment of these frequencies is subject to the following general limitations:
(i) These frequencies are shared and are not available for the exclusive use of any station. No more than one frequency from each of the frequency bands will be authorized to a private station without justification;
(ii) The emissions must be J3E except that when DSC is used the emission must be F1B or J2B; and
(iii) Maximum transmitter output power is limited to 1 kW except as noted.
(d)
(2) Ship stations may conduct radioprinter communications with private coast stations on frequencies within these bands which are assigned to their associated private coast stations;
(3) Any alphanumeric code may be used; and
(4) The bandwidth of radioprinter communications on frequencies within these bands must not exceed 300 Hz.
(e)
(2) No protection is provided from harmful interference caused by foreign stations; and
(3) A private coast station must cease operations on a frequency that causes harmful interference to a foreign station.
(f)
(g) On-board communications: This section describes the carrier frequency pairs assignable for on-board mobile radiotelephony communications. The center of the on-board repeater antenna must not be located more than 3 meters (10 feet) above the ship's working deck. These frequencies are available on a shared basis with stations in the Business Radio Service.
(h)
(i)
(j)
Until implementation procedures and schedules are determined by a conference of the International Telecommunications Union (ITU), the bands 4000-4063 kHz and 8100-8195 kHz are allocated on a shared primary basis between the fixed service and the maritime mobile service; see § 2.106, note US236, of the Commission's Rules. Frequency assignments in the 4000-4063 kHz and 8100-8195 kHz bands are subject to coordination with government users. Additionally, coast station assignments in the 4000-4063 kHz band deviate from international provisions. Coast station assignments in the 4000-4063 kHz band are permitted provided that harmful interference is not caused to, and must accept interference from, stations operated by other countries in accordance with the Radio Regulations (
(a)
(1) A schedule of each currently licensed 4, 6, and 8 MHz frequency and the expected use of the proposed frequencies;
(2) For additional frequencies within the same MHz band, a factual showing of the 3 busiest hours of any 4 days within a consecutive 10 day period for each of the 2 months immediately preceding the filing of the application indicating that the applicant has used its currently assigned frequencies within the same MHz band an aggregate average of at least 40% of the 3 busiest hours of each day for exchanging communications; and
(3) Any other facts that support the need for the proposed assignment,
(b)
(i) Supplementary ship-to-shore duplex operations with coast stations assigned the frequencies described in § 80.371(b) of this part;
(ii) Intership simplex operations and cross-band operations;
(iii) Ship-to-shore or shore-to-ship simplex operations; or
(iv) Duplex operations with coast stations assigned in the band 4438-4650 kHz, as described in § 80.373(d) of this part.
(2) The following table describes the channelization of carrier frequencies in the 4000-4063 kHz band.
(c)
(i) Supplementary ship-to-shore duplex operations with coast stations assigned the frequencies described in § 80.371(b) of this part;
(ii) Intership simplex operations and cross-band operations; or
(iii) Ship-to-shore or shore-to-ship simplex operations.
(2) The following table describes the channelization of carrier frequencies in the 8100-8195 kHz band.
This section describes the carrier frequencies assignable to radiodetermination stations. Only direction finding radar stations will be authorized on land.
(a)
(1) Except in distress the assigned frequency for direction finding is 410 kHz;
(2) Ship stations may use 500 kHz for direction finding exclusively in Regions 1 and 3 outside areas of heavy radio traffic. Use must not interfere with distress urgency and safety signals or calls and replies.
(b)
(1) They are not permitted within the territorial waters of a foreign country;
(2) Their output power must not exceed 15 watts; and
(3) They must not cause interference to any maritime station in the radionavigation service.
(c)
(1) The use of these frequencies is related to the ship's commercial operations;
(2) The station antenna height does not exceed 6 meters (20 feet) above sea level in a buoy station or 6 meters (20 feet) above the mast of the ship in which it is installed.
(d)
(2) Assignment of these bands to ship and coast stations are subject to the following conditions:
(i) The 2450-2500 MHz band may be used only for radiolocation on the condition that harmful interference must not be caused to the fixed and mobile services. No protection is provided from interference caused by emissions from industrial, scientific, or medical equipment;
(ii) The use of the 2900-3100 MHz, 5470-5650 MHz and 9300-9500 MHz bands for radiolocation must not cause harmful interference to the radionavigation and Government radiolocation services. Additionally, the use of the 2900-3000 MHz band for radiolocation must not cause harmful interference to the Government meteorological aids service.
(iii) In the 2920-3100 MHz and 9320-9500 MHz bands the use of fixed-frequency transponders for radionavigation is not permitted;
(iv) Non-Government radiolocation stations may be authorized in the 5460-5470 MHz band on the condition that harmful interference shall not be caused to the aeronautical or maritime radionavigation services or to Government radiolocation service;
(v) The use of the 5460-5650 MHz band for radionavigation is limited to shipborne radar;
(vi) The use of the 14.00-14.05 GHz band will be authorized only for test purposes and maritime radionavigation on a secondary basis to the fixed-satellite service; and
(vii) Selectable transponders must be authorized under Part 5 of the Commission rules until technical standards for their use are developed.
(3) In addition to the conditions in (2) of this paragraph ship stations are subject to the following conditions:
(i) Transponders used for safety purposes will be authorized in the 2900-3100 MHz, 5470-5650 MHz and 9300-9500 MHz bands. Transponders used for non-safety purposes will be confined to the 2930-2950 MHz, 5470-5480 MHz and 9300-9500 MHz subbands only;
(ii) In the 2900-2920 MHz and 9300-9320 MHz subbands the use of radars other than those installed prior to January 2, 1976, is not permitted;
(iii) In the 2920-3100 MHz and 9320-9500 MHz bands non-selectable transponders will be authorized only for safety purposes;
(iv) Non-selectable transponders must not be used to enhance detection of marine craft;
(4) In the 2920-3100 MHz and 9320-9500 MHz bands shore station radar transponders used only as racons will be authorized.
(e) In addition to the other technical requirements contained in subpart E of this part search and rescue transponder stations must meet the following technical standards contained in the latest international Radio Consultative Committee (CCIR) Recommendation 628 titled “Technical Characteristics for a Search and Rescue Radar Transponder”:
(1) Operate in the 9300-9500 MHz band;
(2) Be horizontally polarized at their source;
(3) Have an effective receiver sensitivity including its antenna gain better than −50 dBm;
(4) Operate within specifications between the temperatures of −20 and +50 degrees Celsius;
(5) Operate within specifications for at least 48 hours at 0 degrees Celsius without changing batteries;
(6) Have a sawtooth sweep with a 5 microseconds
(7) Have a pulse emission of 100 microseconds maximum duration;
(8) Have a recovery time following excitation of 10 microseconds or less;
(9) Have a delay between receipt of a radar signal and start of transmissions of 1.25 microseconds or less;
(10) Have an antenna whose vertical beamwidth is no less than 25 degrees and its azimuthal beamwidth is omnidirectional within 2 dB; and
(11) Suppress interference caused by the interrogating radar antenna's sidelobes.
The frequency band 1626.5-1645.5 MHz is assignable for communication, radiodetermination and telecommand messages, and developmental operations that are associated with the position, orientation and operational functions of maritime satellite equipment. The frequency band 1645.5-1646.5 MHz is reserved for use in the Global Maritime Distress and Safety System (GMDSS).
This section describes the maritime frequencies assignable to aircraft stations for simplex operations:
(a) Available frequencies:
(b) The conditions of use of the carrier frequencies in paragraph (a) of this section, are:
(1) For permissible geographic areas of operation see § 80.373(b)(1). For other limitations see § 80.373(b)(7);
(2) Aircraft and ship stations may use 3023.0 kHz and 5680.0 kHz for search and rescue scene-of-action coordination including communications between these stations and participating land stations. Stations using these frequencies must use J3E emission;
(3) Assignable for distress and safety communications between aircraft and maritime mobile stations;
(4) Assignable for search and rescue between ships and aircraft. Stations using these frequencies must use A3E emission;
(5) These frequencies may be used by aircraft stations when:
(i) The altitude of aircraft stations does not exceed 300 meters (1,000 feet), except for reconnaissance aircraft participating in icebreaking operations where an altitude of 450 meters (1,500 feet) is allowed;
(ii) The mean power of aircraft stations must not exceed five watts;
(iii) Communications are limited to operations in which the maritime mobile stations are primarily involved and where direct communications between the aircraft and the ship or coast station is required;
(iv) Stations may use 156.300 MHz for safety purposes only;
(v) Stations may use 156.800 MHz for distress, safety and calling only; and
(vi) Use of 156.375 MHz by aircraft is not permitted in the New Orleans VTS area specified in §80.383.
(6) The use of 157.100 MHz is limited to communications with stations of the Department of Interior at Lake Mead, Nevada; and
(7) Commercial fishing vessels and associated aircraft may use 157.425 MHz while engaged in commercial fishing activities except within 120 km (75 miles) of the United States/Canada border and Puget Sound and the Strait of Juan de Fuca and its approaches, the Great Lakes, and the St. Lawrence Seaway.
The following carrier frequencies in the 72-76 MHz band are assignable to operational fixed stations using vertical polarization, if no harmful interference is caused to TV reception on Channels 4 and 5. These frequencies are shared with the Land Mobile and Aviation Radio Services.
This section describes the carrier frequencies available for use in the Coast Guard Vessel Traffic Services (VTS) systems within the designated geographic radio protected areas.
(a) Assigned frequencies:
(b) The U.S. Coast Guard designated radio protection areas for VTS are as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(c) The use of the frequencies shown in paragraph (a) of this section is permitted in areas outside the Coast Guard radio protection areas provided there is no interference to VTS communications within the VTS areas.
This section describes the carrier frequencies for the Automated Maritime Telecommunications System (AMTS) and for other automated multi-station systems.
(a)
(2) The following carrier frequency pairs are available for radiotelephony, facsimile and teleprinter communications. AMTS operations must not cause harmful interference to the U.S. Navy SPASUR system which operates in the band 216.880-217.080 MHz.
(3) Channels in the 219-220 MHz band are also used on a secondary, non-interference basis by amateur stations participating in digital message forwarding systems. Amateur stations may not cause harmful interference to AMTS operations and must accept any harmful interference from AMTS operation. Amateur stations within 80 km (50 miles) of an AMTS coast station must obtain written approval from the AMTS licensee prior to operating in the 219-220 MHz band. Amateur stations within 640 km (398 miles) of an AMTS coast station must notify the AMTS licensee in writing at least 30 days prior to initiation of operations in the 219-220 MHz band. All amateur stations must notify the American Radio Relay League in writing at least 30 days prior to initiation of operations in the 219-220 MHz band (ARRL, 225 Main St., Newington, CT 06111-1494).
(b)
(c)
(a) The carrier frequencies listed in (b) of this section are assignable for point-to-point simplex radiotelephone communications between private fixed stations in Alaska. The frequency pairs listed in paragraph (d) of this section are assignable for point-to-point duplex radiotelephone communications between private and public fixed stations in Alaska. Fixed stations in Alaska authorized to share carrier frequencies with the maritime mobile service must always give priority on such frequencies to maritime distress, urgency and safety communications.
(b)
(c) Use of the frequencies in paragraph (b) of this section must meet the following conditions:
(1) Communications between private coast and private fixed stations are prohibited; and
(2) Station licensees must not charge for third party communication services between their station and any other private fixed station.
(d) The following carrier frequency pairs are assignable for point-to-point communications between public fixed and private fixed stations:
(e) The public fixed station frequencies are assignable to common carriers.
(f) The private fixed station frequencies described in paragraph (d) of this section are assignable to private entities located in areas where common carrier facilities are not available. Private fixed stations operating on the frequencies in paragraph (d) of this section, must communicate with public
(g) U.S. Government frequencies will be authorized if the Commission determines that the assignment is in the public interest.
(a)
(b)
(a) Ship and shore stations engaged in developmental operations may be assigned any frequency or frequencies assignable to the service and class of station they propose to operate. The following frequency bands are also assignable to ships and coast stations for developmental operations:
(b) Stations authorized to conduct developmental operations are prohibited from communicating with any station of a country other than the United States.
(c) Stations authorized to conduct developmental operations must not cause harmful interference to the operation of stations authorized in other public services nor to any United States Government or foreign station.
Licensees of radio stations are required to have current station documents as indicated in the following table:
1. The expired station license must be retained in the station records until the first Commission inspection after the expiration date.
2. Alternatively, a list of coast stations maintained by the licensee with which communications are likely to be conducted, showing watchkeeping hours, frequencies and charges, is authorized.
3. Required only if station provides a service to oceangoing vessels.
4. Certification of a Great Lakes Agreement inspection may be made by either a log entry or issuance of a Great Lakes Agreement certificate. Radiotelephone logs containing entries certifying that a Great Lakes Agreement inspection has been conducted must be retained and be available for inspection by the FCC for 2 years after the date of the inspection.
Station documents must be readily available to the licensed operator(s) on duty during the hours of service of the station and to authorized Commission employees upon request.
(a)
(b)
(c)
This section contains information and rules pertinent to the application for and posting of radio operator authorizations. Rules applicable to radio operator requirements are contained in subpart D of this part and other rules pertinent to commercial radio operators are contained in part 13 of this chapter.
(a)
(b)
(1) A voluntary station;
(2) Any class of ship station when the operator is on board solely to service the radio equipment; or
(3) A portable station.
(a)
(1) The log must be kept in an orderly manner. The required information for the particular class or category of station must be readily available. Key letters or abbreviations may be used if their proper meaning or explanation is contained elsewhere in the same log.
(2) Erasures, obliterations or willful destruction within the retention period are prohibited. Corrections may be made only by the person originating the entry by striking out the error, initialing the correction and indicating the date of correction.
(3) Ship station logs must identify the vessel name, country of registry, and official number of the vessel.
(4) The station licensee and the radio operator in charge of the station are responsible for the maintenance of station logs.
(b)
(1) Logs must be retained by the licensee for a period of two years from the date of entry, and, when applicable, for such additional periods as required by the following paragraphs:
(i) Logs relating to a distress situation or disaster must be retained for three years from the date of entry.
(ii) If the Commission has notified the licensee of an investigation, the related logs must be retained until the licensee is specifically authorized in writing to destroy them.
(iii) Logs relating to any claim or complaint of which the station licensee has notice must be retained until the claim or complaint has been satisfied
(2) Logs containing entries required by paragraphs (e) and (f) of this section must be kept at the principal radiotelephone operating location while the vessel is being navigated. All entries in their original form must be retained on board the vessel for at least 30 days from the date of entry. Additionally, logs required by paragraph (f) of this section must be retained on board the vessel for a period of 2 years from the date of the last inspection of the ship radio station.
(3) Ship radiotelegraph logs must be kept in the principal radiotelegraph operating room during the voyage.
(c)
(1) “ON DUTY” must be entered by the operator beginning a duty period, followed by the operator's signature. “OFF DUTY” must be entered by the operator being relieved of or terminating duty, followed by the operator's signature.
(2) The date and time of making an entry must be shown opposite the entry.
(3) Failure of equipment to operate as required and incidents tending to unduly delay communication must be entered.
(4) All measurements of the transmitter frequency(ies) must be entered with a statement of any corrective action taken.
(5) Entries must be made giving details of all work performed which may affect the proper operation of the station. The entry must be made, signed and dated by the operator who supervised or performed the work and, unless the operator is regularly employed on a full-time basis at the station, must also include the mailing address, class, serial number, and expiration date of the operator license.
(6) Entries must be made about the operation of the antenna tower lights when the radio station has an antenna structure requiring illumination by part 17 of this chapter.
(7) All distress or safety related calls transmitted or received must be entered, together with the frequency used and the position of any vessel in need of assistance.
(8) Coast stations which maintain a watch on 500 kHz must enter the time this watch is begun, suspended or ended.
(d)
(1) The date and time of each occurrence or incident required to be entered in the log must be shown opposite the entry and the time must be expressed in Coordinated Universal Time (UTC).
(2) “ON WATCH” must be entered by the operator beginning a watch, followed by the operator's signature. “OFF WATCH” must be entered by the operator being relieved or terminating a watch, followed by the operator's signature. All log entries must be completed by the end of each watch.
(3) During the watch, all calls and replies to and from the station must be entered to include the time, frequencies, and call letters of the station communicated with or heard. Also, any messages exchanged must be entered to include the time, frequency, and call letters of the station(s) communicated with or heard.
(4) During the watch, an entry must be made twice per hour stating whether the international silence period was observed. Entries must also be made indicating any signals or communications heard on 500 kilohertz during this period. If no signals are heard on 500 kHz, an entry to that effect must be made.
(5) The time and reason for discontinuance and the time of resuming the watch must be entered when the 500 kHz watch is discontinued.
(6) All distress calls, automatic-alarm signals, urgency and safety signals made or intercepted, the complete text, if possible, or distress messages and distress communications, and any incidents or occurrences which may appear to be of importance to safety of life or property at sea, must be entered, together with the time of such observation or occurrence and the position of the ship or other mobile unit in need of assistance.
(7) The position of the ship at least once per day.
(8) A daily entry must be made comparing the radio station clock with standard time, including errors observed and corrections made. For this purpose, authentic radio time signals received from land or fixed stations will be acceptable as standard time.
(9) All test transmissions must be entered, including the time of the transmissions and the approximate geographical location of the vessel.
(10) Any failure of equipment to operate as required and any incidents tending to unduly delay communications must be entered.
(11) A ship required to keep a radiotelegraph watch on 500 kHz must meet the following:
(i) Entries must be made of the results of tests of the emergency installation including transmitter antenna current, hydrometer readings of lead-acid storage batteries, voltage readings of other types of batteries, and quantity of fuel available for engine generators.
(ii) When the vessel is in the open sea, a log entry must be made each time the emergency power supply is used to carry on a communication other than during a safety watch.
(iii) When the vessel is in the open sea, a daily entry must be made showing whether the storage batteries were brought up to the normal full charge condition that day.
(iv) Entries must be made stating when each storage battery is placed on charge or off charge.
(v) Entries must be made about maintenance of survival craft radio equipment, including a record of charging of any storage batteries supplying power to such equipment. The record of charging must show when such storage battery is placed on charge and when it is taken off charge.
(vi) Results of inspections and tests of survival craft radio equipment, prior to departure of the vessel from a harbor or port and weekly inspections, must be entered.
(vii) On a cargo vessel equipped with an auto alarm, the entry “AUTO ALARM ON” and the entry “AUTO ALARM OFF”, respectively, must be made whenever the operator places the auto alarm in and out of operation. Results of the required auto alarm tests must be entered daily, including the minimum number of 4-second dashes from the testing device which were necessary to properly operate the alarm.
(viii) On a cargo vessel equipped with an auto alarm, a log entry must be made whenever the auto alarm becomes inoperative. The entry must include a statement showing the time the operator was called to make repairs; the reason for the failure; parts changed; repairs; and the time the auto alarm was restored to service.
(e)
(1) A summary of all distress, urgency and safety traffic;
(2) A summary of communications conducted on other than VHF frequencies between the ship station and land or mobile stations;
(3) A reference to important service incidents;
(4) The position of the ship at least once a day;
(5) The name of the operator at the beginning and end of the watch period;
(6) The time the watch begins when the vessel leaves port, and the time it ends when the ship reaches port;
(7) The time the watch is discontinued, including the reason, and the time the watch is resumed;
(8) The times when storage batteries provided as a part of the required radiotelephone installation are placed on charge and taken off charge;
(9) Results of required equipment tests, including specific gravity of lead-acid storage batteries and voltage reading of other types of batteries provided as a part of the compulsory installation;
(10) Results of inspections and tests of compulsorily fitted lifeboat radio equipment;
(11) A daily statement about the condition of the required radiotelephone equipment, as determined by either normal communication or test communication;
(12) When the master is notified about improperly operating radiotelephone equipment.
(f)
(1) Radiotelephony stations subject to the Communications Act, the Safety Convention, or the Bridge-to-Bridge Act must record entries indicated by paragraphs (e)(1) through (e)(12) of this section. Additionally, the radiotelephone log must provide an easily identifiable, separate section relating to the required inspection of the ship's radio station. Entries must be made in this section giving at least the following information.
(i) For ships that pass the inspection:
(A) The date the inspection was conducted.
(B) The date by which the next inspection needs to completed.
(C) The inspector's printed name, address and class of FCC license (including the serial number).
(D) The results of the inspection, including any repairs made.
(E) The inspector's signed and dated certification that the vessel meets the requirements of the Communications Act and, if applicable, the Safety Convention and the Bridge-to-Bridge Act contained in subparts Q, R, S, U, or W of this part and has successfully passed the inspection.
(F) The vessel owner, operator, or ship's master's certification that the inspection was satisfactory.
(ii) For ships that fail the inspection:
(A) The date the inspection was conducted.
(B) The inspector's printed name, address and class of FCC license (including the serial number).
(C) The reason that the ship did not pass the inspection.
(D) The date and time that the ship's owner, operator or master was notified that the ship failed the inspection.
(2) Radiotelephony stations subject to the Great Lakes Agreement and the Bridge-to-Bridge Act must record entries indicated by paragraphs (e) (1), (5), (6), (7), (8), (9), (11) and (12) of this section. Additionally, the radiotelephone log must provide an easily identifiable, separate section relating to the required inspection of the ship's radio station. Entries must be made in this section giving at least the following information:
(i) The date the inspection was conducted;
(ii) The date by which the next inspection needs to be completed;
(iii) The inspector's printed name, address and class of FCC license (including the serial number);
(iv) The results of the inspection, including any repairs made;
(v) The inspector's signed and dated certification that the vessel meets the requirements of the Great Lakes Agreement and the Bridge-to-Bridge Act contained in subparts T and U of this part and has successfully passed the inspection; and
(vi) The vessel owner, operator, or ship's master's certification that the inspection was satisfactory.
(3) Radiotelephony stations subject to the Bridge-to-Bridge Act must record entries indicated by paragraphs (e) (1), (5), (6), (7), (11) and (12) of this section.
(a)
(b)
(a) The licensee of an on-board station must keep equipment records which show:
(1) The ship name and identification of the on-board station;
(2) The number and type of repeater and mobile units used on-board the vessel; and
(3) The date and type of equipment which is added or removed from the on-board station.
(b) [Reserved]
(a) The following publications listed in the table contained in § 80.401 are published by the International Telecommunications Union (ITU):
(1) Manual for Use of the Maritime Mobile and Maritime Mobile-Satellite Services.
(2) List IV—List of Coast Stations.
(3) List V—List of Ship Stations.
(4) List VI—List of Radiodetermination and Special Services Stations.
(5) List VII A—Alphabetical List of Call Signs of Stations Used by the Maritime Mobile Service, Ship Station Selective Call Numbers or Signals and Coast Station Identification Numbers or Signals.
(b) The publications listed in paragraph (a) of this section may be purchased from:
The Commission's printed publications are described in subpart C of part 0 of this chapter. These publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Commission does not furnish copies of these publications but will furnish a price list, Information Services and Publications-Bulletin No. 1, upon request. Requests for copies of this list should be directed to the Office of Public Affairs, Public Service Division, Federal Communications Commission, Washington, DC 20554.
A public coast station license may be granted to any person meeting the citizenship provisions of § 80.15(b).
Public coast stations provide ship/shore radiotelephone and radiotelegraph services.
(a) Public coast stations are authorized to communicate:
(1) With any ship or aircraft station operating in the maritime mobile service, for the transmission or reception of safety communication;
(2) With any land station to exchange safety communications to or from a ship or aircraft station;
(3) With Government and non-Government ship and aircraft stations to exchange public correspondence;
(4) With units on land in accordance with § 80.123.
(b) Public coast stations are authorized to communicate with a designated station at a remote fixed location where other communication facilities are not available.
(c) Public coast stations are authorized to transmit meteorological and navigational information of benefit to mariners.
(d) Each public coast telegraphy station is authorized to communicate with other public coast telegraphy stations to exchange message traffic destined to or originated at mobile stations:
(1) To exchange operating signals, brief service messages or safety communication;
(2) To exchange message traffic destined for a mobile station when the coast station initially concerned is unable to communicate directly with the mobile station;
(3) In the Great Lakes region, to exchange message traffic originated at a
(4) Utilization of radiotelegraphy must not incur additional charges or replace available point-to-point communication facilities;
(5) Only authorized working frequencies within the band 415 kHz to 5000 kHz must be employed for communications between coast stations;
(6) Harmful interference must not be caused to communication between mobile stations and coast stations or between mobile stations.
(a) The frequencies designated in §§ 80.355 and 80.357 may be licensed for use by coast stations employing telegraphy.
(b) [Reserved]
Subpart H of this part lists frequencies assignable for DSC.
Subpart H of this part lists the frequencies assignable to public coast stations for operations with ship stations. Operating procedures are listed in subpart C of this part.
Subpart H of this part lists the frequencies available for assignment to public coast stations for telephony operations.
No duplication of service areas as determined by subpart P of this part will be permitted by public coast stations operating on the same VHF public correspondence channel. Within the service area of a station, the ratio of desired to undesired co-channel signal strengths on public correspondence channels must be at least 12dB.
(a) Maritime mobile repeater stations are authorized to extend the range of communication between a VHF public coast station located in Alaska and ship stations.
(b) On a secondary basis, maritime mobile repeater stations may be authorized to extend the range of a private coast station:
(1) In an area where VHF common carrier service is not available;
(2) A maritime mobile repeater station license expires 60 days after a public coast station in the area begins service.
(c) Maritime mobile repeater stations may not be authorized in cases where operational fixed frequencies can be employed.
(d) The provisions relating to duplication of service described in subpart P apply to maritime mobile repeater stations.
(e) The frequencies 157.275 and 161.875 MHz are assignable to maritime mobile repeater stations.
(f) Each maritime mobile repeater station must:
(1) Deactivate automatically within 5 seconds after the signals controlling the station cease; and
(2) During periods when it is not controlled from a manned control point, deactivate automatically not more than 20 minutes after its activation by a mobile unit.
At 63 FR 68956, Dec. 14, 1998, § 80.469 was amended by revising paragraph (c). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
A public coast station must not discontinue or impair service unless authorized to do so by the Commission.
(a) AMTS applicants proposing to serve inland waterways must show how the proposed system will provide continuity of service along more than 60% of each of one or more navigable inland waterways. Inland waterways less than 240 kilometers (150 miles) long must be served in their entirety. AMTS applicants proposing to serve portions of the Atlantic, Pacific or Gulf of Mexico coastline must define a substantial navigational area and show how the proposed system will provide continuity of service for it. A separate Form 503 is not required for each coast station in a system. However, the applicant must provide the technical characteristics for each proposed coast station, including transmitter type, operating frequencies, emissions, transmitter output power, antenna arrangement and location.
(1) Applicants proposing to locate a coast station transmitter within 169 kilometers (105 miles) of a channel 13 television station or within 129 kilometers (80 miles) of a channel 10 television station or with an antenna height greater than 61 meters (200 feet) must submit an engineering study clearly showing the means of avoiding interference with television reception within the grade B contour. See § 80.215(h).
(2) Additionally, applicants required to submit the above specified must give written notice of the filing of such application(s) to the television stations which may be affected. A list of the notified television stations must be submitted with the subject applications.
(b) In lieu of public correspondence service an AMTS system may provide private coast station communications related to the operational requirements of ships including transmissions of fuel, weather, position and supply reports. However, such communications may be provided only to ship stations whose licensees make cooperative arrangements with the AMTS coast station licensees. In emergency and distress situations, services must be provided without prior arrangements.
(a) AMTS coast stations may communicate with fixed platform stations located in the offshore waters of the Gulf of Mexico, with ship stations, and with land units in accordance with § 80.123.
(b) AMTS licensees in the offshore waters of the Gulf of Mexico may use AMTS coast and ship station frequencies on a secondary basis for fixed service communications to support offshore AMTS operations.
(c) AMTS service may be provided to any vessel within communication service range of an AMTS station even though the vessel may not be operating within the confines of a served waterway.
(a) The frequencies assignable to AMTS stations are listed in subpart H of this part. These frequencies are assignable to ship and public coast stations for voice, facsimile and radioteletypewriter communications.
(b) [Reserved]
(a) A private coast station or a marine utility station may be granted only to a person who is:
(1) Regularly engaged in the operation, docking, direction, construction, repair, servicing or management of one or more commercial transport vessels or United States, state or local government vessels; or is
(2) Responsible for the operation, control, maintenance or development of a harbor, port or waterway used by commercial transport vessels; or is
(3) Engaged in furnishing a ship arrival and departure service, and will employ the station only for the purpose of obtaining the information essential to that service; or is
(4) A corporation proposing to furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary where the party to be served performs any of the eligibility activities described in this section; or is
(5) A nonprofit corporation or association, organized to furnish a maritime mobile service solely to persons who operate one or more commercial transport vessels; or is
(6) Responsible for the operation of bridges, structures or other installations that area part of, or directly related to, a harbor, port or waterway when the operation of such facilities requires radio communications with vessels for safety or navigation; or is
(7) A person controlling public moorage facilities; or is
(8) A person servicing or supplying vessels other than commercial transport vessels; or is
(9) An organized yacht club with moorage facilities; or is
(10) A nonprofit organization providing noncommercial communications to vessels other than commercial transport vessels.
(b) Each application for station authorization for a private coast station or a marine utility station must be accompanied by a statement indicating eligibility under paragraph (a) of this section.
(a) A person engaged in the operation of one or more commercial transport vessels or government vessels may receive maritime mobile service from a private coast station or a marine utility station on shore even though not the licensee of the private coast station or the marine utility station. Restrictions on cooperative arrangements are as follows:
(1) Foreign persons must be the licensees of the radio stations installed on board their vessels.
(2) The licensee of a private coast station or marine utility station on shore may install ship radio stations on board United States commercial transport vessels of other persons. In each case these persons must enter into a written agreement verifying that the ship station licensee has the sole right of control of the ship stations, that the vessel operators must use the ship stations subject to the orders and instructions of the coast station or marine utility station on shore, and that the ship station licensee will have sufficient control of the ship station to enable it to carry out its responsibilities under the ship station license.
(b) Cooperative arrangements are limited concerning cost and charges as follows:
(1) The arrangement must be established on a non-profit, cost-sharing basis by written contract. A copy of the contract must be kept with the station records and made available for inspection by Commission representatives.
(2) Contributions to capital and operating expenses are to be prorated on an equitable basis among all persons who are parties to the cooperative arrangement. Records which reflect the cost of the service and its nonprofit, cost-sharing nature must be maintained by the licensee of the station and made available for inspection by Commission representatives.
(a) Private coast stations and marine utility stations are authorized to communicate:
(1) With any mobile station in the maritime mobile service for the exchange of safety communications;
(2) With any land station for the purpose of aiding the exchange of safety communications;
(3) With ship stations.
(b) Private coast stations of the same licensee may be authorized to communicate on a secondary basis between themselves if:
(1) The communications are confined exclusively to those for which authority has been granted the coast station, and concerns ships with which one or both of the coast stations are authorized to communicate; and
(2) Other satisfactory point-to-point communication facilities between the coast stations are unavailable; and
(3) Coast stations which communicate with each other are not more than 160 km (100 miles) apart; and
(4) Harmful interference is not cause to mobile stations.
(c) A private coast station and associated marine utility stations serving and located on a shipyard regularly engaged in construction or repair of commercial transport vessels or Government vessels are authorize to communicate between stations when they are licensed to the same entity and communications are limited to serving the needs of ships on a non-interference basis to other stations in the maritime mobile service. A separate showing is required.
(a) A private coast station or marine utility station using telephony serves the operational and business needs of ships including the transmission of safety communication.
(b) In areas where environmental communications are provided by U.S. Government stations or by public coast stations, private coast stations and marine utility stations on shore must not duplicate that service. In other areas, private coast stations and marine utility stations on shore may transmit weather and hydrographic information required for the ships with which they normally communicate. Private coast stations may provide environmental communication service in areas where adequate service is not available.
(c) Each marine utility station on shore must be operated as a private coast station except that it may be operated at temporary unspecified locations. Marine utility stations on ships are operated as ship stations.
(d) Each private coast station is authorized by rule to use hand-held marine radios in the vicinity of the station's fixed transmitter site on those frequencies assigned to the private coast station. Hand-held communications must conform to those normally permitted under a marine utility station authorization and must be limited to contact with the associated private coast station and ship stations in the vicinity of the private coast station.
Frequencies assignable to private coast stations and marine utility stations are listed in subpart H.
(a) Only one port operation, one commercial and one non-commerical frequency will be assigned to a private coast station or marine utility station. Applications for authority to use more than one frequency in any one of the above three categories must include a showing of need as specified below.
(b) An application for an additional frequency by a person who services vessels, must include a description of the vessels with which communication is planned and a statement that the applicant has personal knowledge that the ship radio stations are not capable of operating on working frequencies already assigned to the coast station.
(c) An applicant for an additional frequency based on congestion of the assigned frequency may be asked by the Commission to show that for any four periods of five consecutive days each, in the preceding six months, the assigned frequency was in use at least twenty-five percent of the time during three hours of daily peak activity.
At 63 FR 68956, Dec. 14, 1998, § 80.511 was amended by revising paragraph (c). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
(a) Except as provided in paragraphs (b) and (c) of this section each application for a new VHF private coast station license or modification of an existing license to be located in an area having a recognized frequency coordinating committee must be accompanied by:
(1) A report based on a field study, indicating the degree of probable interference to existing stations operating
(2) The report must include a statement that all existing licensees on the frequency within 80 km (50 miles) and the frequency coordinating committee have been notified of the applicant's intention to file an application. The notice of intention to file must provide the licensees concerned and the advisory committee with the following information: The frequency and emission; transmitter location and power; and the antenna height proposed by the applicant.
(b) Applications for modification need not be accompanied by the field study where the modification does not involve any change in frequency(ies), power, emission, antenna height, antenna location or area of operation.
(c)(1) In lieu of the field study, the applicant may acquire a statement from a frequency coordinating committee. The applicant must certify on the application concerning the recommendations of the coordinating committee. The committee must comment on the requested frequency or the proposed changes in the authorized station and give an opinion regarding the probable interference to existing stations. The committee must consider all stations operating on the requested frequency within 80 km (50 miles) of the proposed station location. The frequency coordinating committee statement must also recommend a frequency which will result in the least amount of interference to proposed and existing stations. Committee recommendations may also include comments on technical factors and may recommend restrictions to minimize interference.
(2) A frequency coordinating committee must be representative of all persons who are eligible for VHF private coast stations within the service area of the recognized frequency coordinating committee. A statement of organization, service area and composition of the committee must be submitted to the Commission for approval. The functions of any coordinating committee are purely advisory to the applicant and the Commission. Its recommendations are not binding upon either the applicant or the Commission.
At 63 FR 68956, Dec. 14, 1998, § 80.513 was amended by revising the first sentence of paragraph (c)(1). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
This section contains the names of organizations that have been recognized by the Commission to serve as marine VHF frequency coordinating committees for their respective areas.
(a) The Southern California Marine Radio Council serves the California counties of Santa Barbara, Kern, San Bernardino, Ventura, Los Angeles, Orange, Riverside, San Diego, Imperial and the Channel Islands.
(b) The North Pacific Marine Radio Council serves the following counties in the State of Washington: Clallam, Island, Jefferson, King, Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom.
A private coast station or marine utility station using telephony must:
(a) Not be used for public correspondence;
(b) Not be used to transmit program material for radio broadcasting; and
(c) Not be used to transmit press material or news items which are not required to serve the needs of ships.
All communication engaged in by private coast stations and marine utility stations must be limited to the minimum practicable transmission time. Each station licensee must employ standardized operating practices and procedures.
(a) Stations must identify transmissions by announcing in the English language the station's assigned call sign. In lieu of the identification of the station by voice, the official call sign may be transmitted by tone-modulated telegraphy in international Morse Code manually or by means of an automatic device approved by the Commission. Transmissions on the navigation frequency (156.650 MHz) by stations on drawbridges may be identified by use of the name of the bridge in lieu of the call sign. Identification must be made:
(1) At the beginning and end of each exchange of communications and;
(2) At intervals not exceeding 15 minutes whenever transmissions or communications are sustained for more than 15 minutes.
(b) Marine utility stations, private coast stations, and associated hand-held radios, when exchanging communications, may be identified by a unit identifier in lieu of the call sign. Identification by transmission of the assigned call sign must be at the end of the exchange or at least once every 15 minutes.
This subpart contains rules applicable to operational fixed stations.
An applicant for an operational fixed station must certify that:
(a) The applicant is the licensee of a coast station;
(b) Other suitable telecommunications facilities are not available to satisfy coast station requirements.
An operational fixed station provides control, repeater or relay functions for its associated coast station.
The specific frequencies for these stations are listed in subpart H of this part.
Operational fixed stations are subject to the following licensing limitations:
(a) A maximum of four frequencies will be assigned.
(b) Stations will not be authorized when applications indicate less than 16 km (10 miles) separation between a proposed station and a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation.
(c) Stations located between 16 km (10 miles) and 128 km (80 miles) of a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation, are secondary to TV operations within the Grade B service contour.
Stations on land in the Maritime Radiodetermination Service provide a radionavigation or radiolocation service for ships.
The frequencies available for assignment to shore radionavigation/radiolocation stations are contained in subpart H of this part.
(a) Radionavigation coast stations operated to provide information to aid in the movement of any ship are private aids to navigation. Before submitting an application for a radionavigation station, an applicant must obtain written permission from the cognizant Coast Guard District Commander at the area in which the device will be located. The Commission may request an applicant to provide documentation as to this fact. Note: Surveillance radar coast stations do not require U.S. Coast Guard approval.
(b) Applications for certification of coast and ship station transponders must include a description of the technical characteristics of the equipment including the scheme of interrogation and the characteristics of the transponder response. When a certification application in submitted to the Commission a copy of such application must be submitted concurrently to: Commandant (G-TTS-3), U.S. Coast Guard, Washington, DC 20593.
(c) Prior to submitting an application for a non-selectable transponder coast station license in the 2920-3100 MHz or 9320-9500 MHz band the applicant must submit a letter requesting written approval of the proposed station to the cognizant Coast Guard District Commander of the area in which the device will be located. The letter must include:
(1) The necessity for the station;
(2) The latitude and longitude of its position;
(3) The transponder antenna height above sea level;
(4) The antenna azimuth response (angle of directivity);
(5) The manufacturer and model number of the transponder;
(6) The identifying Morse character for transponders used as racons;
(7) The name and address of the person responsible for the operation and maintenance of the station;
(8) The time and date during which it is proposed to operate the station; and
(9) The maximum station e.i.r.p. if it would exceed 5 watts. The Commission may request an applicant to provide a copy of the request and the U.S. Coast Guard approval.
A copy of the request and the U.S. Coast Guard approval must be submitted to the Commission with the station license application.
(d) Prior to submitting an application for a non-selectable transponder ship station license in the 2920-3100 MHz or 9320-9500 MHz band the applicant must submit a letter requesting approval of the proposed station to: Commandant (G-NSR), U.S. Coast Guard, Washington, DC 20593. The letter must include the name, address and telephone number of a person or a point of contact responsible for the operation of the device, the specific need for the station, the name of the associated ship, the area in which the transponder will be used, and the hours of operation. The Commission may request an applicant to provide a copy of the request and the U.S. Coast Guard approval.
At 63 FR 68956, Dec. 14, 1998, § 80.605 was amended by revising paragraphs (a) and (c)(9) and by revising the last sentence of paragraph (d). This section contains information collection and recordkeeping requirements, and the amendments will not become effective until approval has been given by the Office of Management and Budget.
(a) An applicant for a maritime support station must demonstrate a requirement for training personnel associated with the maritime service or for the testing, demonstration or maintenance of ship or coast radio equipment.
(b) [Reserved]
(a) Maritime support stations are land stations authorized to operate at
(b) Maritime support stations are authorized to conduct the following operations:
(1) Training of personnel in maritime telecommunications;
(2) Transmissions necessary for the test and maintenance of maritime radio equipment at repair shops and at temporary unspecified locations;
(3) Transmissions necessary to test the technical performance of the licensee's public coast station(s) radiotelephone receiver(s); and
(4) Transmissions necessary for radar/racon equipment demonstration.
(a) The frequencies available for assignment to maritime support stations are described or listed in:
(1) Section 80.373 for scope of communications described in § 80.653(b)(1);
(2) Sections 80.373 and 80.385 for scope of communications described in § 80.653(b)(2); and
(3) Section 80.389 for scope of communications described in § 80.653 (b)(3) and (4).
(b) Frequencies must be used only on a secondary, non-interference basis to operational maritime communications.
(c) Use of frequencies assigned to services other than the maritime radiolocation service is limited to one hour per twenty four hour period.
The authorized frequency tolerance, class of emission, bandwidth, and transmitter power for maritime support stations are contained in subpart E of this part under the category associated with the intended use except for power limitations imposed upon stations operating within the scope of § 80.653(b)(3), which are further limited by the provisions of § 80.215(f).
There are two classes of Alaska Fixed stations. Alaska-public fixed stations are common carriers, open to public correspondence, which operate on the paired duplex channels listed in subpart H of this part. Alaska-private fixed stations may operate on simplex frequencies listed in subpart H of this part to communicate with other Alaska private fixed stations or with ship stations, and on duplex frequencies listed in subpart H of this part when communicating with the Alaska-public fixed stations. Alaska-private fixed stations must not charge for service, although third party traffic may be transmitted. Only Alaska-public fixed stations are authorized to charge for communication services.
Alaska-public fixed stations, when operating on an authorized carrier frequency which is also used by the maritime mobile service, must give priority to distress, urgency or safety signals, or to any communication preceded by one of these signals.
Each Alaska-public fixed station whose hours of service are not continuous must not suspend operations before having concluded all communications of an emergency nature.
(a) Only one Alaska-public fixed station will be authorized to serve any area whose point-to-point communication needs can be adequately served by a single radio communication facility.
(b) Each radio channel authorized for use by an Alaska-private fixed station is available on a shared basis only. All station licensees must cooperate in the use of their respective frequency assignments to minimize interference.
Frequencies assignable to Alaska fixed stations are listed in subpart H of this part.
Alaska-public fixed stations may be authorized to use frequencies assigned to U.S. Government radio stations for communications with Government stations or for coordination of Government activities.
This subpart specifies receiver antenna terminal requirements in terms of power, and relates the power available at the receiver antenna terminals to transmitter power and antenna height and gain. It also sets forth the co-channel interference protection that VHF public coast station geographic area licensees must provide to incumbents and to other VHF public coast station geographic area licensees.
(a) The requirements for reception by a marine VHF shipboard receiver are satisfied if the field strength from the coast station, calculated in accordance with § 80.771 is at least +17 dBu above one microvolt.
(b) These field strengths, voltages and powers at the receiver input are equivalent:
(1) −132 dBW (decibels referred to 1 watt).
(2) 1.8 microvolts across 50 ohms.
(3) +17 dBu (decibels referred to 1 microvolt per meter).
(4) 7 microvolts per meter.
Applications for maritime frequencies in the 156-162 MHz band must include a map showing the proposed service area contour. The service area contour must be computed in accordance with the following procedures.
(a) In the preparation of profile graphs and in determining the location and height above sea level of the antenna site, the elevations or contour intervals must be taken from U.S. Geological Survey topographic quadrangle maps, U.S. Army Corps of Engineers maps or Tennessee Valley Authority maps, whichever is the latest, for all areas for which maps are available. If such maps are not published for the area in question, the next best topographic information must be used. The maps used must include the principal area to be served. U.S. Geological Survey topographic quadrangle maps may be obtained from the Eastern Distribution Branch, U.S. Geological Survey, 1200 South Eads Street, Arlington, VA 22202, for maps of areas east of the Mississippi River, including Minnesota, Puerto Rico, and the Virgin Islands, and from the Western Distribution Branch, U.S. Geological Survey, Federal Center, Denver CO 80225, for maps of areas west of the Mississippi River, including Alaska, Hawaii, Louisiana, Guam and American Samoa. Sectional aeronautical charts are available from the Distribution Division, National Ocean Service, Riverdale, MD 20840.
(b) In lieu of maps, the average terrain elevation may be computer generated, using elevations from a 30 second point or better topographic data file such as those available for the U.S. Geological Survey's National Geographic Information Center or the National Oceanic and Atmospheric Administration's National Geophysical Data Center. In case of dispute maps will be used to determine the correct value.
(a)(1) Draw radials from the antenna site for each 45 degrees of azimuth starting with true north. Any such radial which extends entirely over land from the antenna site to the point of +17 dBu field strength need not be drawn.
(2) If the distance from the antenna site to the point of +17 dBu field strength between any of the 45 degrees radials would be less than the distances calculated along these radials, an additional radial between such adjacent radials must be plotted and calculations made in each case. Each additional radial must be that radial along which it appears by inspection that transmission loss would be greatest.
(b) Draw a circle of 16 km (10 statute mile) radius using the antenna site as the center. Divide each radial into 320 meter (0.2 statute mile) increments inside the circumference to the 3.2 km (2 statute mile) point.
(c) Calculate the height above sea level of each 320 meter (0.2 statute mile) division by interpolating the contour intervals of the map, and record the value.
(d) Average the values by adding them and dividing by the number of readings along each radial.
(e) Calculate the height above average terrain by averaging the values calculated for each radial.
The following graphs must be employed where conversion from one to the other of the indicated types of units is required.
(a)
(b)
(c)
The effective height of the antenna is the vertical distance between the center of the radiating system above the mean sea level and the average terrain elevation.
Effective radiated power is used in computing the service area contour. The effective radiated power is derived from the transmitter output power, loss in the transmission system including duplexers, cavities, circulators, switches and filters, and the gain relative to a half-wave dipole of the antenna system.
The propagation graph, § 80.767 Graph 1, must be used in computing the service area contour. The graph provides data for field strengths in dBu for an effective radiated power of 1 kW, over sea water, fresh water or land (smooth earth); transmitting antena heights of 4,800, 3,200, 1,600, 800, 400, 200, and 100 feet; based on a receiving antenna height of 9 meters (30 feet), for the 156-162 MHz band. The use of this is described in this section.
(a) Calculate the effective radiated power of the coast station, Ps in dB referred to 1 kW (dBk), as follows:
1. To determine field strengths where the distance is known, for effective radiated powers other than 1kW (0 dBk): Enter the graph from the “statute miles” scale at the known distance, read up to intersection with the curve for the antenna height, read left to the “dBu for 1 kW radiated” scale and note the referenced field strength (Fe). The value of the actual field strength (F) in dBu will be F=Fe+Ps where Ps is the effective radiated power calculated above.
2. To determine distance, where the actual field strength is specified, for effective radiated powers other than 0 dBk: The value of the field referenced strength will be Fe=F−Ps in dBu. Enter the graph, from the “dBu for 1 kW radiated” scale at the corrected value of Fe, read right to intersection with the antenna height, read down to “statute miles” scale.
(b) Determine the antenna height. For antenna heights between the heights for which this graph is drawn, use linear interpolation; assume linear height-gain for antennas higher than 4,800 feet.
(c) For receiver antenna heights lower than 9 meters (30 feet), assume that the field strength is the same as at 9 meters (30 feet).
(d) Assume that propagation over fresh water or over land is the same as that over sea water.
Where the transmission path is obstructed the received signal must be adjusted to include shadow loss. Attenuation due to shadowing must be taken from § 80.769 Graph 1, as follows:
(a) Inspect the map(s) to determine if a hill(s) obstructs an imaginary line of
(b) If a hill appears to obstruct the radio path, plot the antenna site elevation, the obstruction elevation and the height of the ship station on rectangular coordinate paper using elevation above mean sea level as the vertical scale and distance in statute miles as the horizontal scale. Then draw a straight line between the antenna and the ship.
(c) If a hill obstructs the imaginary line of sight, determine its height (H) above the imaginary line and its distance (D) from either the coast or ship station, whichever is nearer, as illustrated by examples “A” and “B” on Graph 1.
(d) Read the shadow loss from this Graph 1 and subtract that loss from the computed received signal.
(e) Where more than one hill obstructs the transmission path, determine the height and position of a single equivalent hill, as illustrated by example “C” on this graph. Read the shadow loss from this graph for the equivalent hill.
Compute the +17 dBu contour as follows:
(a) Determine the effective antenna height above mean sea level according to the procedures in §§ 80.757-80.761.
(b) Determine the effective radiated power according to § 80,765. Determine
(c) Plot on a suitable map each point of +17 dBu field strength for all radials and draw the contour by connecting the adjacent points by a smooth curve.
(a) Where a VHF public coast station geographic area licensee shares a frequency with an incumbent VHF public coast station licensee, the ratio of desired to undesired signal strengths must be at least 12 dB within the service area of the station.
(b) Where a VHF public coast station geographic area licensee shares a frequency with an incumbent private land mobile radio licensee, the VHF public coast station geographic area licensee must provide at least 10 dB protection to the PLMR incumbent's predicted 38 dBu signal level contour. The PLMR incumbent's predicted 38 dBu signal level contour is calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the licensee's authorized effective radiated power and antenna height-above-average-terrain.
(c) VHF public coast station geographic area licensees are prohibited from exceeding a field strength of +5 dBu (decibels referenced to 1 microvolt per meter) at their service area boundaries, unless all the affected VHF public coast station geographic area licensees agree to the higher field strength.
The radiotelegraph requirements of Part II of Title III of the Communications Act apply to all passenger ships irrespective of size and cargo ships of 1600 gross tons and upward. The Safety Convention applies to such ships on international voyages. These ships are required to carry a radiotelegraph installation complying with this subpart.
(a) Every ship of the United States subject to Part II of Title III of the Communications Act or Chapter IV of the Safety Convention equipped with a radiotelegraph installation must have the required radio equipment inspected by an FCC-licensed technician holding a Second Class Radiotelegraph Operator's Certificate, or First Class Radiotelegraph Operator's Certificate once every 12 months. If the ship passes the inspection the technician will issue a Cargo Ship Safety Radio Certificate. Cargo Ship Safety Radio Certificates may be obtained from the Commission's National Call Center—(888) 225-5322—or from its Forms contractor.
(1) The effective date of ship safety certificates is the date the station is found to be in compliance or not later than one business day later.
(2) At inspection, the minimum field strength capability of the main installation and reserve installation when connected to the main antenna may be shown by the licensee by one of the following methods:
(i) Producing a record of communications on 500 kHz over a minimum distance of 370 kilometers (200 nautical miles) for the main installation and 185 kilometers (100 nautical miles) for the reserve installation which demonstrates the transmission and reception of clearly perceptible signals from ship to ship by day and under normal conditions and circumstances, or
(ii) Provide documentation by a professional engineer, or a person holding a first or second class radiotelegraph operator's certificate, or a general radiotelephone operator license, that the installation produces at 1.85 kilometers (one nautical mile) a minimum field strength of thirty (30) millivolts per meter for the main installation and ten (10) millivolts per meter for the reserve installation. The licensee shall provide, at a minimum, the name and license number of the individual making the measurements or record of communications.
(b) Certificates issued in accordance with the Safety Convention must be posted in a prominent and accessible place in the ship.
The required radio station must comply with the provisions of this subpart in addition to all other applicable requirements of this part. The radio station consists of a radiotelegraph station and a ship radar station. The radiotelegraph station comprises a main and a reserve radiotelegraph installation, electrically separate and electrically independent of each other except as otherwise provided in paragraph (b) of § 80.805, a radiotelephone installation and such other equipment as may be necessary for the proper operation of these installations. The ship radar station comprises a radar installation and such other equipment and facilities as may be necessary for its proper operation.
(a) The main radiotelegraph installation includes a main transmitter, a main receiver, a main power supply, a main antenna system and a 2182 kHz radiotelephone distress frequency watch receiver.
(b) The reserve radiotelegraph installation includes a reserve transmitter, a reserve receiver, a reserve power supply, emergency electric lights and reserve antenna system: except that:
(1) In installations on cargo ships of 300 gross tons and upwards but less than 1,600 gross tons, and in installations on cargo ships of 1,600 gross tons and upwards installed prior to November 19, 1952, if the main transmitter complies with all the requirements for the reserve transmitter, the latter may be omitted.
(2) A cargo ship the keel of which was laid prior to June 1, 1954, may either be equipped with a reserve antenna or provided a spare antenna consisting of a single-wire transmitting antenna (including suitable insulators) completely assembled for immediate installation.
(c) The medium frequency radiotelephone installation includes a radiotelephone transmitter, a radiotelephone receiver and an appropriate antenna system.
All main radiotelegraph installations must meet the following requirements:
(a) The main antenna must be installed and protected to ensure proper operation of the station. Effective October 14, 1986, the main antenna energized by the main transmitter on the frequency 500 kHz must produce at one nautical mile a minimum field strength of thirty (30) millivolts per meter. If the main antenna is suspended between masts or other supports liable to whipping, a safety link must be installed which, under heavy stress, will reduce breakage of the antenna, the halyards, or any other antenna-supporting elements.
(b) The main transmitter must be capable of meeting the requirements of § 80.253.
(c) The main receiver must efficiently receive A1A and A2A emission on all frequencies within the bands 100-200 kHz and 405-535 kHz. It must have headphones capable of effective operation. The main receiver must have sufficient sensitivity to effectively operate headphones or a loudspeaker when the receiver input is 50 microvolts.
(d) The main power supply must simultaneously (1) energize the main transmitter at its required antenna power, and the main receiver, (2) charge at any required rate all batteries forming part of the radiotelegraph station, and (3) charge the main power supply for this purpose at all times including times of inspection. Under this load condition the voltage of the main power supply at the radio room terminals must not deviate from its rated value by more than 10 percent on vessels completed on or after July 1, 1941, nor by more than 15 percent on vessels completed before that date. While at sea, batteries forming part of the main installation must be fully charged daily.
(e) To measure voltage(s) of the main power supply at its radio room terminals, voltmeter(s) must be permanently
(f) The main installation must be provided with a device permitting changeover from transmission to reception and vice versa without manual switching.
(g) The main installation must be capable of being quickly connected with and tuned to the main antenna and the reserve antenna if one is installed.
All radiotelephone installations in radiotelegraph equipped vessels must meet the following conditions.
(a) The radiotelephone transmitter must be capable of transmission of A3E or H3E emission on 2182 kHz and must be capable of transmitting clearly perceptible signals from ship to ship during daytime, under normal conditions over a range of 150 nautical miles when used with an antenna system in accordance with paragraph (c) of this section. The transmitter must:
(1) Have a duty cycle which allows for transmission of the radiotelephone alarm signal described in § 80.221.
(2) Provide 25 watts carrier power for A3E emission or 60 watts peak power on H3E emission into an artificial antenna consisting of 10 ohms resistance and 200 picofarads capacitance or 50 ohms nominal impedance to demonstrate compliance with the 150 nautical mile range requirement.
(3) Have a visual indication whenever the transmitter is supplying power to the antenna.
(4) Have a two-tone alarm signal generator that meets § 80.221.
(5) The radiotelephone transmitter required by this paragraph may be contained in the same enclosure as the receiver required by paragraph (b) of this section. Additionally, these transmitters may have the capability to transmit J3E emissions.
(b)(1) The radiotelephone receiver must receive A3E and H3E emissions when connected to the antenna system specified in paragraph (c) this section and must be preset to 2182 kHz. The receiver must additionally:
(i) Provide an audio output of 50 milliwatts to a loudspeaker when the RF input is 50 microvolts. The 50 microvolt input signal must be modulated 30 percent at 400 Hertz and provide at least a 6 dB signal-to-noise ratio when measured in the rated audio bandwidth.
(ii) Be equipped with one or more loudspeakers capable of being used to maintain a watch on 2182 kHz at the principal operating position or in the room from which the vessel is normally steered.
(2) The receiver required by § 80.805 may be used instead of this receiver. If the watch is stood at the place from which the ship is normally steered, a radiotelephone distress frequency watch receiver must be used for this purpose.
(3) This receiver may be contained in the same enclosure as the transmitter required by paragraph (a) of this section. Additionally, these receivers may have the capability to receive J3E emissions.
(c) The antenna system must be as nondirectional and efficient as is practicable for the transmission and reception of radio ground waves over seawater. The installation and construction of the required antenna must ensure, insofar as is practicable, proper operation in time of emergency. If the required antenna is suspended between masts or other supports subject to whipping, a safety link must be installed which under heavy stress will reduce breakage of the antenna, the halyards, or any other supporting elements.
(d) The radiotelephone installation must be provided with a device for permitting changeover from transmission to reception and vice versa without manual switching.
(e) An artificial antenna must be provided to permit weekly checks, without causing interference, of the automatic device for generating the radiotelephone alarm signal on frequencies other than the radiotelephone distress frequency.
(f) The radiotelephone installation must be located in the radiotelegraph operating room or in the room from which the ship is normally steered.
(g) Demonstration of the radiotelephone installation may be required by Commission representatives to show
(h) The radiotelephone installation must be protected from excessive currents and voltages.
(i) The radiotelephone installation must be maintained in an efficient condition.
(a) All reserve radiotelegraph installations must comply with the following conditions, in addition to all other requirements:
(1) The reserve installation must be capable of being placed in operation within a maximum time of 1 minute.
(2) The reserve antenna must be installed and protected to ensure proper operation in time of an emergency.
(3) Effective October 14, 1986, the main antenna energized by the reserve transmitter on 500 kHz must produce at one nautical mile a minimum field strength of ten (10) millivolts per meter.
(4) The reserve transmitter must meet the requirements of § 80.255.
(5) The reserve receiver must receive A1A and A2B emissions on all frequencies within the band 405-535 kHz. It must have headphones. Additionally a loudspeaker may be provided for use in accordance with the provisions of § 80.313. The reserve receiver must be able to operate headphones or a loudspeaker when the receiver RF input is 100 microvolts.
(6) The reserve installation must be capable of being quickly connected with and tuned to the main antenna, and the reserve antenna if one is installed.
(7) Emergency electric lights, energized solely by the reserve power supply and connected to it through individual fuses must be provided. The emergency electric lights must illuminate the operating controls of the main and reserve radiotelegraph installations and the radio station clock. The emergency lighting circuits must avoid excessive voltage to the emergency lights during the charging of any batteries forming part of the reserve installation. The provisions of this paragraph do not preclude the use of any other power supply for energizing these lights solely as an additional provision. If a separate emergency radiotelegraph operating room is provided, the requirements of this paragraph apply to it.
(8) The emergency electric lights must be controlled by two-way switches placed near the main entrance to the radiotelegraph operating room and at the radiotelegraph operating position, in all cases where the distance between these points is greater than 2.4 meters (8 feet). This requirement applies to stations which replace, or initially install the main or reserve radiotelegraph transmitter on and after May 26, 1965.
(9) There must be readily available under normal load conditions a reserve power supply for the reserve installation which must be independent of the propelling power of the ship and of any other electrical system. The reserve power supply must simultaneously energize the reserve transmitter at its required antenna power and the reserve receiver for at least 6 hours continuously under normal working conditions, and energize the automatic-alarm-signal keying device continuously for a period of 1 hour.
(10) The reserve power supply may be used to energize the following apparatus provided it has adequate capacity:
(i) The audible warning apparatus included as a component of an approved radiotelegraph auto alarm;
(ii) The VHF installation required by subpart R of this chapter simultaneously with the reserve transmitter in the case of distress, urgency and safety communications;
(iii) The VHF installation required by subpart R of this chapter alternately with the reserve transmitter. A switching device must be fitted to ensure alternate operation only in the case of distress, urgency and safety communications;
(iv) The radiotelephone alarm signal generator;
(v) The bridge-to-bridge VHF radiotelephone installation required by subpart U of this chapter.
(11) The reserve power supply must be located as near to the reserve transmitter and reserve receiver as is practicable and must comply with all applicable rules and regulations of the United States Coast Guard. The switchboard of the reserve power supply must wherever possible, be situated in the radiotelegraph operating room. If it is not, it must be illuminated.
(12) All reserve power supply circuits must be protected from overloads.
(13) Means must be provided for charging any batteries forming a part of the reserve installation, and such batteries must be maintained in a fully charged condition daily while at sea. There must be a device which, during charging of the batteries, gives a continuous indication of the rate and polarity of the charging current.
(14) The cooling system of each internal combustion engine used as a part of the reserve power supply must be protected to prevent freezing or overheating consistent with the season and route to be traveled by the particular vessel.
(b)(1) The shipowner, operating company, or station licensee, if directed by the Commission or its authorized representative must demonstrate that the reserve installation satisfies the 6-hour operating requirement of law.
(2) When the reserve power supply includes a battery, proof of the ability of such battery to operate continuously and effectively for 6 hours can be established by a discharge test over a prescribed period of time, when supplying power at the voltage required for normal operation to an electrical load as prescribed by paragraph (b)(4) of this section.
(3) When the reserve power supply includes an engine-driven generator, proof of the adequacy of the engine fuel supply to operate the unit continuously and effectively for 6 hours may be established by measuring the fuel consumption during 1 hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (b)(4) of this section.
(4) To determine the electrical load to be supplied by the reserve power supply, the following formula must be used:
(i) One-half of the reserve transmitter current with the key closed; plus
(ii) One-half of the reserve transmitter current with the key open; plus
(iii) One sixth of the current of the automatic radiotelegraph alarm signal keying device when this device is energized; plus
(iv) Current of the reserve receiver; plus
(v) Current of emergency lights; plus
(vi) Current of the bridge-to-bridge transceiver when connected.
(5) At the conclusion of the tests specified in paragraphs (b) (2) and (3) of this section, no part of the reserve power supply must have an excessive temperature rise, nor must the specific gravity or voltage of the battery be below the 90 percent discharge point.
The conductors connecting the main power supply to the main installation, the reserve supply to reserve installation and the radar power supply to the ship radar station, must be routed to ensure adequate protection from overload, mechanical injury and be kept clear of electrical grounds.
The reserve transmitter, and the reserve power supply for the reserve transmitter, are primarily for safety and test communication. This equipment may be used for other communication for a period not to exceed 1 hour per day in the aggregate. The reserve receiver, and the reserve power supply for the reserve receiver if a battery, may be used at any time to maintain a safety watch if such use will not reduce the capabilities of the reserve power supply to energize the associated component or components of the reserve installation for at least 6 consecutive hours.
(a) The condition of the reserve installation and of the automatic alarm
(1) Check the reserve power supply as follows:
(i) Test battery charging circuits for correct polarity and charging rate:
(ii) In the case of lead-acid batteries, determine the specific gravity of the electrolyte.
(iii) In the case of other types of batteries, take voltage readings under normal battery load.
(iv) When an engine-driven generator is used, check the quantity of fuel in the fuel tank;
(2) Test the emergency lighting circuits and emergency electric lights by actual operation;
(3) Test the reserve receiver, while energized by the reserve power supply, by actual operation and comparison of received signals with similar signals received by the main receiver;
(4) On days when not used for communication, the reserve transmitter energized by the reserve power supply must be tested by actual operation when connected to the main antenna, an artificial antenna or a reserve antenna.
(5) If installed, the reserve antenna must be used at least once each voyage, noting antenna currents;
(6) Test the automatic-alarm-signal keying device for correct timing adjustment of the keying mechanism.
(b) In the case of vessels loading or discharging flammable, unstable or dangerous cargo, or while berthed at oil terminals or in other comparable areas, predeparture transmitter tests need not be made. In such cases, the provisions of paragraph (a)(4) of this section, in connection with predeparture tests, do not apply if a suitable explanation is entered in the radio station log.
The required radiotelegraph station includes one or more devices, certificated by the Commission in accordance with subpart F of this part capable of automatically operating the normal keying circuits of a required radiotelegraph transmitter to transmit the international radiotelegraph alarm signal.
(a) The automatic radiotelegraph alarm signal keyer must be installed in the radiotelegraph operating room. It must be possible to key, nonsimultaneously, the main transmitter and the reserve transmitter, and to permit the device to be taken out of operation at any time in order to permit immediate manual transmitter operation. Only one control must be provided for each automatic alarm signal keying device. This control must be located in the radiotelegraph operating room.
(b) The required automatic radiotelegraph alarm signal keying device must be capable of operating efficiently for a continuous period of 1 hour when energized solely by the reserve power supply.
An auto alarm which is installed and used on board a cargo ship of the United States pursuant to the provisions of § 80.315 comprises a complete receiving, selecting and warning device certificated by the Commission in accordance with section 3(x) of the Communications Act, capable of being actuated automatically by intercepted radio frequency waves forming the international radiotelegraph alarm signal.
Installation of a radiotelegraph auto alarm must comply with the following conditions.
(a) The auto alarm must be located in the radiotelegraph operating room and be installed and protected to insure proper operation. The radiotelegraph auto alarm system must be operated from the radiotelegraph operating room. A switch must be provided to:
(1) Transfer the main antenna from all other equipment and connect it to the radiotelegraph auto alarm receiver and place the auto alarm in service and, back to the original configuration A voltmeter must be provided for the determining that the supply voltages are within the operating limits.
(2) [Reserved]
(b) The auto alarm must give an audible warning in the radiotelegraph operating room, in the radio officer's cabin, and on the navigating bridge. The alarm must operate continuously after the alarm has been actuated by a radiotelegraph alarm signal or by failure of the system, until manually turned off. Only one switch for stopping the alarm is authorized, and this must be located in the radiotelegraph operating room and be capable of manual operation only. However ships operating under the general exemption of § 80.836(c) may install an additional switch on the bridge for stopping the warning apparatus.
(c) Failure of the auto alarm if of a type approved prior to July 23, 1951, to function normally due to prolonged interference must operate a visual indicator on the bridge. The type and method of installation of such visual indicator must comply with the requirements of the U.S. Coast Guard.
(d) The power supply voltage of an auto alarm must be maintained within definite upper and lower limits. The power supply must have an auxiliary device which:
(1) Will energize the alarm if this power supply fails or its voltage exceeds the limits specified for the particular type of auto alarm involved; or
(2) Will automatically connect the auto alarm to an auxiliary power supply, the voltage of which is within the specified limits.
(a) The radio officer must at least once every 24 hours while the ship is in the open sea:
(1) Test the auto alarm by using the testing device to determine whether the auto alarm will respond to not less than 4 nor more than 12 consecutive dashes having an approximate duration of 4 seconds and an approximate spacing of 1 second.
(2) Determine the proper functioning of the auto alarm receiver while connected to its normal antenna, by actual operation and comparison of received signals with similar signals received on 500 kHz by the main receiver.
(b) If the auto alarm is not in proper operating condition, the radio officer must report that fact to the master or officer on watch on the bridge.
(c) A statement that the tests specified in this section have been made, and the results of such tests, must be inserted in the radiotelegraph station log.
Each compulsory ship of 1,600 gross tons or over whose keel was laid:
(a)
(b)
(a) The radio direction finding apparatus must:
(1) Be capable of receiving signals A1A, A2B and R2B emission, on each frequency within the band 285-515 kHz assigned by the Radio Regulations for distress and direction finding and for maritime radio beacons, and be calibrated to take bearings on such signals
(2) Possess a sensitivity, sufficient to permit the taking of bearings on a signal having a field strength of 50 microvolts per meter.
(b) The calibration of the direction finder must be verified by check bearings or by a further calibration whenever any changes are made in the physical or electrical characteristics or the position of any antennas, and whenever any changes are made in the position of any deck structures which might affect the accuracy of the direction finder. In addition, the calibration must be verified by check bearings at yearly intervals. A record of the calibrations, and of the check bearings made of their accuracy and the accuracy of the check bearings must be kept on board the ship for a period of not less than 1 year.
An auxiliary receiving antenna must be provided when necessary to avoid unauthorized interruption or reduced efficiency of the required watch because the normal receiving antenna is not available because a radio direction finder on board the vessel is operated.
(a) The direction finder must be located to minimize interference from noise.
(b) The direction finder antenna system must be erected so that the determination of bearings will not be hindered by the proximity of other antennas, cranes, wire halyards, or large metal objects.
When the required calibration can not be made before departure from a harbor or port for a voyage in the open sea, the direction finder may be tentatively approved on condition that the master certifies in writing that the direction finder will be calibrated by a competent technician.
The requirement for calibration by check bearings is met if:
(a) The required verification by check bearings are made not more than 90 days prior to the date of the annual detailed inspection of the radiotelegraph station;
(b) The verification consists of a comparison of simultaneous visual and radio direction finder bearings. At least one comparison bearing must be taken in each quadrant, within plus or minus 20 degrees from the following bearings relative to the ship's heading: 45 degrees; 135 degrees; 225 degrees; 315 degrees;
(c) The verification shows the visual bearing relative to the ship's heading and the difference between the visual and radio direction finder bearing, and the date each check bearing is taken.
(a) Direction finding equipment used on compulsory vessels whose keel was laid on or after May 25, 1980, must additionally have a homing facility which is:
(1) Capable of operating with A1A, A2B, H2B and H8E emission on any frequency in the band 2167-2197 kHz;
(2) Capable of taking direction finding bearings on the radiotelephone distress frequency 2182 kHz without ambiguity of sense within an arc of 30 degrees on either side of the bow;
(3) Installed with due regard to CCIR Recommendation 428-2:
(4) Sufficiently sensitive, in the absence of interference, to take bearings on a signal having a field strength of 25 microvolts per meter;
(5) Capable of determining its accuracy by comparison of visual or calculated bearings and homing facility bearings. Comparisons must be made at −30, 0 and +30 degrees relative to the ships heading to show that the correct sense is indicated.
(b) [Reserved]
(a) Radar installations on board ships that are required by the Safety Convention or the U.S. Coast Guard to be equipped with radar must comply with
(1) Radar installed on ships of 500 gross tons and upwards on or after July 1, 1988, must comply with the provisions of RTCM Paper 133-87/SC 103-33 including Appendix A. Title: “RTCM Recommended Performance Specification for a General Purpose Navigational Radar Set for Oceangoing Ships of 500 Gross Tons and Upwards for New Radar Installations.” Title of Appendix A: “General Purpose Shipborne Navigational Radar Set for Oceangoing Ships
(2) Radar installed on ships of 1,600 gross tons and upwards on or before April 27, 1981, must comply with the provisions of Volume II of RTCM Special Committee No. 65 Final Report; Part II. Title: “Performance Specification for a General Purpose Navigational Radar Set for Oceangoing Ships of 1,600 Tons Gross Tonnage and Upwards for Ships Already Fitted.” Document approved by RTCM July 18, 1978; effective as FCC requirement on April 27, 1981.
(3) Radar installed on ships of 1,600 gross tons and upwards after April 27, 1981 and before July 1, 1988, must comply with the provisions of Volume II of RTCM Special Committee No. 65 Final Report with Change 1 entered; Part I including Appendix A. Title: “Performance Specification for a General Purpose Navigational Radar Set for Oceangoing Vessels of 1,600 Tons Gross Tonnage and Upwards for New Radar Installations.” Title of Appendix A: “General Purpose Shipborne Navigational Radar Set for Oceangoing Ships
(4) Ships between 500 and 1,600 gross tons constructed on or after September 1, 1984, with radar installed before July 1, 1988, must comply with Regulation 12, Chapter V of the Safety Convention and with the provisions of Inter-Governmental Maritime Consultative Organization (IMCO) [Now International Maritime Organization (IMO)] Resolution A.477(XII). Title: “Performance Standards for Radar Equipment.” Adopted by IMCO November 19, 1981.
(b) For ships of 10,000 gross tons or more and any other ship that is required to be equipped with two radar systems, each of these systems must be capable of operating independently and must comply with the specifications, standards and general requirements established by paragraph (a) of this section. One of the systems must provide a display with an effective diameter of not less than 340 millimeters (13.4 inches) (16-inch cathode ray tube). The other system must provide a display with an effective diameter of not less than 250 millimeters (9.8 inches) (12-inch cathode ray tube).
(c) Recommendations for tools, test equipment, spares and technical manuals are contained in Part IV of Volume III of the RTCM SC-65 Final Report approved by RTCM July 18, 1978.
(a) An interior communication system must be provided between the bridge of the ship and the radiotelegraph operating room in all cases where the radiotelegraph operating room does not adjoin or open onto the navigating bridge structure. An interior communication system must also be provided between the bridge and the location of the radio direction finding apparatus whenever the latter is not located on the bridge or within any
(b) If a vessel has more than one location from which it is normally controlled and steered, the interior communication system between the radiotelegraph operating room and bridge must include communication to each such location. The existence at a location of all of the following factors will require that a point of communication be established there: (1) A steering wheel; (2) a compass; (3) an engine order telegraph; (4) control of the whistle; and (5) a wheelhouse enclosure.
(c) Paragraph (b) of this section does not apply to locations established solely for emergency use in event of failure of the normal steering facilities or locations used solely while docking or maneuvering a ship while in port or for brief periods while navigating the ship in close quarters on inland waters.
The interior communication systems required by § 80.826 must provide two-way calling and voice communication, be independent of any other communication system in the ship, and be of a type approved by the United States Coast Guard. The location and termination of individual systems is subject to approval by the Commission.
A working clock equipped with a sweep seconds hand and having a dial not less than 12.7 cm (5 inches) in diameter, the face of which is marked to indicate the silence periods prescribed for the radiotelegraph service by the International Radio Regulations, must be provided. It must be securely mounted in the radiotelegraph operating room in such a position that the entire dial can be clearly observed by the radio officer from the normal radiotelegraph operating position, from the operating position where the international radiotelegraph alarm signal would ordinarily be transmitted by hand, and from the position used for testing the auto alarm (if installed). If a separate emergency radiotelegraph operating room is provided, the requirements of this section apply to it also.
(a) A survival craft nonportable radiotelegraph installation required by law to be provided in a motor lifeboat must include the following components as a minimum:
(1) A transmitting and receiving antenna and antenna accessories,
(2) An artificial antenna for testing purposes;
(3) A transmitter with keying arrangements for use of radiotelegraphy, an associated radio receiver with headphones, and a suitable device for converting from the power supply battery voltage to the voltages used by the transmitter and receiver;
(4) A power supply;
(5) A device for a ground connection to the water when the lifeboat is afloat.
(b) Components of a survival craft nonportable radiotelegraph installation specified in paragraph (a)(2) of this section must be certificated of §§ 80.263 and 80.265.
(c) The radiotelegraph equipment must be installed in a cabin large enough to accommodate both the equipment and the person using it. The operation of the radiotelegraph installation must not be interfered with by the survival craft engine while it is running, whether or not a battery is on charge.
(d) The antenna must be a single wire inverted L type with a horizontal section of the maximum practicable length and a height above the mean waterline of not less than 6 meters (20 feet), and must be so designed that it can be quickly erected and utilized by a person in the lifeboat while afloat.
(e) The ground system must comply with the following requirements:
(1) The radio installation when installed in a metal hull lifeboat must be grounded to the hull of the lifeboat.
(2) The radio installation when installed in a lifeboat having a nonmetallic hull must be grounded to a bare plate or strips of corrosion resistant metal having a total area of at least 6 square feet and located on the hull of the lifeboat below the waterline.
(f) When the lifeboat is afloat the installation must be capable of developing an antenna current such that the product of the maximum height of the antenna above the mean surface of the water, expressed in meters, and the r.m.s. antenna current on the frequency 500 kHz, expressed in amperes, is not less than 9.6.
(a) The power supply for the survival craft nonportable radiotelegraph installation must consist of a battery capable of operating the survival craft radiotelegraph installation for at least 6 hours continuously under normal working conditions.
(b) The battery may power equipment other than the radiotelegraph installation (except that it must not be used to supply power to any engine starting motor or ignition system) provided such additional use will not adversely affect the required capabilities of the battery. All circuits connected to the battery must be independently fused.
(c) The battery must be kept charged at all times while at sea. The charging of the battery must not require its removal from the survival craft in which it is installed. The necessary charging equipment must not interfere with the launching of the survival craft, and must be easily and quickly removable. The charging circuit for the battery must be routed through the radiotelegraph operating room, and include a device located in the radiotelegraph operating room which will give continuous indication of the polarity and the rate of charge.
(d) Installation must provide for charging of the battery by means of a generator on the survival craft engine.
(e) Subject to approval of the United States Coast Guard, the battery must be mounted in a suitable container that will provide protection from salt water spray and also allow proper ventilation.
(a) Survival craft portable radiotelegraph equipment required by law to be provided must be certificated by the Commission as capable of meeting the provisions of §§ 80.263 and 80.265.
(b) The equipment must be stowed in the radio room, bridge or a protected location near a lifeboat and be readily accessible for transfer to a lifeboat. However, in tankers of 3,000 gross tons and over in which lifeboats are fitted amidships and aft, this equipment must be kept in a suitable place in the vicinity of those lifeboats which are farthest away from the ship's main transmitter.
(c) Equipment for totally enclosed lifeboats must meet the extra requirements specified in § 80.265.
(a) Except for emergency position indicating radio beacons and two-way radiotelephone equipment, inspections and tests of survival craft radio equipment must be conducted by the licensee at weekly intervals while the ship is at sea or, if a test or inspection has not been conducted within a week prior to its departure, within 24 hours prior to the ship's departure from a port. The inspection and tests must include operation of the transmitter connected to an artificial antenna and determination of the specific gravity or voltage under normal load of any batteries.
(b) When the ship is in a harbor or port of the United States an authorized representative of the Commission may require:
(1) Inspection and test of the survival craft radio equipment in the survival craft afloat, including an operational test of the transmitter and receiver connected to the required antenna to determine that the equipment is in operating condition;
(2) Demonstration in accordance with § 80.808 that a battery used as a part of the survival craft nonportable radio installation is capable of energizing the installation for the required 6 hours.
(c) The results of the inspections and test must be made known to the master, and be entered in the ship's radio station log, or in the ship's log if the ship is not provided with a radio station.
(a) Survival craft emergency position indicating radiobeacons, Class S, required to comply with title 46 of the Code of Federal Regulations must be certificated to meet the provisions of § 80.1059.
(b) The Class S EPIRB must be stowed in the survival craft.
(c) The Class S EPIRB must be tested at intervals not to exceed twelve months.
(d) Batteries must be replaced after the date specified in § 80.1053(e), or after the transmitter has been used in an emergency situation, whichever is earlier.
(a) Survival craft portable two-way radiotelephone transceivers must meet the provisions of § 80.271.
(b) The equipment must be stowed in the radio room, on the bridge or in a location readily accessible for transfer to life boats when not being used by shipboard personnel to satisfy the vessel's operational requirements.
(c) When not in routine use the survival craft two-way radiotelephone transceivers must be operationally tested once a week. Operational test should be conducted with equipment separated as far as practical and in the case of UHF equipment must include tests on the frequency 457.525 MHz.
(d) All survival craft two-way radiotelephones associated with a ship must operate in the same frequency band (VHF or UHF).
(a) Each ship station must be provided with such spare parts, tools, testing equipment, instruction books and circuit diagrams as will enable the radiotelegraph installation and survival craft station to be maintained in working condition while at sea. Each ship station licensee must compile a list of spare parts, tools, test equipment and circuit diagrams it considers necessary for compliance with this requirement. This list must be available at inspection. Spare parts for the survival craft station must be kept with that station. Other items must be located convenient to the radio room.
(b) The testing equipment must include an instrument or instruments for measuring A.C. volts, D.C. volts and ohms.
(a) General small passenger vessel exemptions, applicable to certain U.S. passenger vessels of less than 100 gross tons, are contained in subpart S of this part.
(b) All newly constructed U.S. cargo vessels of 1600 gross tons and upward are exempt from the radiotelegraph and radio direction finding provisions of Part II of Title III of the Communications Act when navigated on sea trials, not more than 150 nautical miles from the nearest land, if the following conditions are met:
(1) The vessel is equipped with a radiotelephone capable of operation on 2182 kHz and equipped with a radiotelephone alarm signal generator. The vessel may carry an additional portable radiotelephone, located in the wheelhouse, equipped with a radiotelephone alarm signal generator to satisfy the radiotelephone alarm signal generator requirement;
(2) The radio direction-finding apparatus is calibrated during the sea trials;
(3) A continous watch is maintained in 2182 kHz whenever the radiotelephone is not being used for authorized traffic during the sea trials; and
(4) The local FCC Engineer in Charge is advised of the dates and routes of the sea trials.
(c) Prior to February 1, 1999, cargo ships of 1600 gross tons and upward are exempt from the radiotelegraph requirements of Part II of Title III of the Communications Act, if the following criteria are met:
(1) The ship operates on domestic voyages only. For purposes of this paragraph, the term domestic voyages includes ports in Alaska, U.S. possessions in the Caribbean, and along the coasts of the 48 contiguous states, so long as the vessel does not make port at a foreign destination;
(2) The routes of the voyage are never more than 150 nautical miles from the nearest land; and,
(3) The ship complies fully with all of the following conditions. The ship must:
(i) Be equipped with a satellite ship earth station providing both voice and telex, which has been certificated for GMDSS use;
(ii) Be equipped with a VHF and MF radiotelephone installation which complies fully with subpart R of this part and has the additional capability of operating on the HF frequencies listed in § 80.369(b) for distress and safety communications (this capability may be added to the MF radiotelephone installation);
(iii) Be equipped with a narrow-band direct-printing radiotelegraph system with SITOR meeting the requirements of § 80.219;
(iv) Be equipped with at least two VHF transceivers capable of being powered by the reserve power supply (one of the VHF transceivers may be the VHF required by paragraph (c)(3)(ii) of this section);
(v) Be equipped with a Category 1, 406 MHz EPIRB meeting the requirements of § 80.1061;
(vi) Be equipped with a NAVTEX receiver meeting the requirements of § 80.1101(c)(1);
(vii) Be equipped with three two-way VHF radiotelephone apparatus and two radar transponders in accordance with § 80.1095;
(viii) In addition to the main power source, be equipped with an emergency power source which complies with all applicable rules and regulations of the U.S. Coast Guard (the satellite earth station, the narrow-band direct-printing equipment and the 500 kHz autoalarm receiver must be capable of being powered by the main and emergency power sources);
(ix) Be equipped with a 500 kHz autoalarm receiver and a means of recording or decoding any distress signal received for relay to the Coast Guard or a public coast station;
(x) Participate in the AMVER system when on voyages of more than twenty-four hours and have the capability of operating on at least four of the AMVER HF duplex channels;
(xi) Carry at least one licensed operator to operate and maintain all the ship's distress and safety radio communications equipment in accordance with §§ 80.159(c) and 80.169; and,
(xii) Maintain a continuous watch on 2182 kHz and 156.8 MHz, in accordance with § 80.305(b), when navigated.
(d) Subject to a determination by the United States Coast Guard pursuant to Public Law No. 104-104, 110 Stat. 56 (1996) at Section 206, each U.S. passenger vessel and each U.S. cargo vessel of 1,600 gross tons and upward is exempt from the radiotelegraph provisions of part II of title III of the Communications Act, provided that the vessel complies fully with the requirements for the Global Maritime Distress & Safety System (GMDSS) contained in subpart W of this part and obtains either a Safety Certificate or endorsement as described in § 80.1067.
(e) These exemptions may be terminated at any time without hearing if, in the Commission's discretion, the need for such action arises.
(a) The radiotelephone requirements of Part II of Title III of the Communications Act apply to cargo ships of 300 gross tons and upward but less than 1600 gross tons. The radiotelephone requirements of the Safety Convention apply to passenger ships irrespective of size and cargo ships of 300 gross tons and upward on international voyages. These ships are required to carry a radiotelephone installation complying with this subpart.
(b) Until February 1, 1999, the inspection of all cargo vessels equipped with a radiotelephone installation operated on domestic or international voyages must be conducted by an FCC-licensed technician in accordance with § 80.59 once every 12 months. If the ship passes the inspection the technician will issue a Safety Certificate. Cargo Ship Safety Radio Certificates may be obtained from the Commission's National Call Center—(888) 225-5322—or from its forms contractor.
(a) The radiotelephone station is a radiotelephone installation and other equipment necessary for the proper operation of the installation.
(b) The radiotelephone station must be installed to insure safe and effective operation of the equipment and to facilitate repair. Adequate protection must be provided against the effects of vibration, moisture, and temperature.
(c) The radiotelephone station and all necessary controls must be located at the level of the main wheelhouse or at least one deck above the ship's main deck.
(d) The principal operating position of the radiotelephone station must be in the room from which the ship is normally steered while at sea. In installations on cargo ships of 300 gross tons and upwards but less than 500 gross tons on which the keel was laid prior to January 1, 1965, the location of the principal operating controls may be in a room adjoining and opening into the room from which the vessel is normally steered while at sea. If the station can be operated from any location other than the principal operating position, a positive means must be provided at the principal operating position to take full control of the station.
(e) The use of a independent communication system between the principal operating position and all other operating locations is acceptable as a method for taking control at the principal operating position. For stations first placed in service on or after June 1, 1956 the use of this method for taking control at the principal operating position is acceptable only for operating locations in the chartroom or master's quarters.
The radiotelephone installation includes:
(a) A radiotelephone transmitter;
(b) A receiver as specified in § 80.858(a);
(c) A radiotelephone distress frequency watch receiver specified in § 80.269;
(d) A main source of energy;
(e) A reserve source of energy, when required by § 80.860(a);
(f) An antenna system.
(a) The transmitter must be capable of transmission of H3E and J3E emission on 2182 kHz, and J3E emission on 2638 kHz and at least two other frequencies within the band 1605 to 3500 kHz available for ship-to-shore or ship-to-ship communication.
(b) The duty cycle of the transmitter must permit transmission of the international radiotelephone alarm signal.
(c) The transmitter must be capable of transmitting clearly perceptible signals from ship to ship during daytime
(d) The transmitter complies with the range requirement specified in paragraph (c) of this section if:
(1) The transmitter is capable of being matched to actual ship station transmitting antenna meeting the requirements of § 80.863; and
(2) The output power is not less than 60 watts peak envelope power for H3E and J3E emission on the frequency 2182 kHz and for J3E emission on the frequency 2638 kHz into either an artificial antenna consisting of a series network of 10 ohms resistance and 200 picofarads capacitance, or an artificial antenna of 50 ohms nominal impedance. An individual demonstration of the power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required.
(e) The transmitter must provide visual indication whenever the transmitter is supplying power to the antenna.
(f) The transmitter must be protected from excessive currents and voltages.
(g) A durable nameplate must be mounted on the transmitter or made an integral part of it showing clearly the name of the transmitter manufacturer and the type or model of the transmitter.
(h) An artificial antenna must be provided to permit weekly checks of the automatic device for generating the radiotelephone alarm signal on frequencies other than the radiotelephone distress frequency.
The transmitter must be equipped with an international radiotelephone alarm signal generator certificated by the Commission. See § 80.221.
The controls of the automatic radiotelephone alarm signal generator required by § 80.856 must be located at the principal radiotelephone operating position only. The controls must permit instant use of this device to modulate the required transmitter and permit the device to be taken out of operation at any time so that the transmitter may be immediately voice modulated for transmission of a distress call and message.
(a) The receiver required by § 80.854(a) of this part must be capable of reception of H3E and J3E emissions on the radiotelephone distress frequency. The receiver must be capable of reception of J3E emissions on 2638 kHz and the receiving frequencies associated with the transmitting frequencies authorized pursuant to § 80.855(a).
(b) In addition to the receiver required by paragraph (a) of this section, a radiotelephone distress frequency watch receiver meeting the technical standards of § 80.269 must be provided.
(c) One or more loudspeakers capable of being used to maintain the distress frequency (2182 kHz) watch at the principal operating position and at any other place where the listening watch is performed must be provided.
(d) The receiver required by paragraph (a) of the section must:
(1) Have a sensitivity of 50 microvolts;
(2) Be capable of operation when energized by the main source of energy, and by the reserve source of energy if a reserve source is required by § 80.860(a);
(3) Be protected from excessive currents and voltages;
(4) Be provided with a nameplate showing the name of the receiver manufacturer and the type or model.
(e) The sensitivity of a receiver is the strength in microvolts of a signal, modulated 30 percent at 400 cycles per second, required at the receiver input to produce an audio output of 50 milliwatts to the loudspeaker with a signal-to-noise ratio of at least 6 decibels. Evidence of a manufacturer's rating or a demonstration of the sensitivity of a required receiver computed on this basis must be furnished upon request of a Commission representative.
(a) The main power supply must simultaneously energize the radiotelephone transmitter at its required antenna power and the required receivers. Under this load condition the voltage of the main power supply at the radiotelephone input terminals must not deviate from its rated potential by more than 10 percent on ships completed on or after July 1, 1941, nor by more than 15 percent on ships completed before that date.
(b) Means must be provided for charging any batteries used as a main power supply. A continuous indication of the rate and polarity of the charging current must be provided during charging of the batteries.
(a) When the main power supply is not on the same deck as the main wheelhouse or at least one deck above the vessel's main deck, a reserve power supply must be provided and must be so situated. The location of the reserve power supply must be located as near to the required transmitter and receivers as practicable and meet all applicable rules and regulations of the United States Coast Guard.
(b) The reserve power supply must be independent of the propelling power of the ship and of any other electrical system, and must simultaneously energize the radiotelephone transmitter at its required antenna power, the required receivers, the emergency light and the automatic radiotelephone alarm signal generator. The reserve power supply must be available at all times.
(c) The reserve power supply may be used to energize the bridge-to-bridge radiotelephone and the VHF radiotelephone installation required by § 80.871.
(d) All circuits connected to the reserve power supply must be protected from overloads.
(e) Means must be provided for charging any batteries used as a reserve power supply. A continuous indication of the rate and polarity of the charging current during charging of the batteries must be provided.
(f) The cooling system of each internal combustion engine used as a part of the reserve power supply must be adequately treated to prevent freezing or overheating consistent with the season and route to be traveled by the particular vessel involved.
(g) The reserve power supply must be available within 1 minute.
If the main power supply or the reserve power supply provided for the purpose of complying with §§ 80.859 and 80.860 consists of batteries, the batteries must have sufficient reserve capacity available at all times while the vessel is leaving or attempting to leave a harbor or port for a voyage in the open sea, and while being navigated in the open sea outside of a harbor or port, to permit operation of the radiotelephone transmitter and the required receivers for at least 6 hours continuously under normal working conditions.
(a) When directed by the Commission or its authorized representative, the station licensee must prove that the requirements of § 80.861 are met.
(b) Proof of the ability of a battery used as a main or reserve source to operate continuously for 6 hours can be established by a discharge test over a prescribed period of time, when supplying power at the voltage required for normal and operation to an electrical load as prescribed by paragraph (d) of this section.
(c) When the reserve power supply is an engine-driven generator, proof of the adequacy of the engine fuel supply to operate the unit contiuously for 6 hours can be established by measuring the fuel consumption for 1 hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (d) of this section.
(d) In determining the electrical load to be supplied, the following formula must be used:
(1) One-half of the current of the required transmitter at its rated power output.
(2) One fourth of the current of the automatic radiotelephone alarm signal generator; plus
(3) Current of receiver; plus
(4) Current of emergency light(s); plus
(5) Current of the bridge-to-bridge transceiver when connected.
(e) At the conclusion of the test specified in paragraphs (b) and (c) of this section, no part of the main or reserve power supply must have an excessive temperature rise, nor must the specific gravity or voltage of any battery be below 90 percent discharge point of the fully charged value.
(a) An antenna system must be installed which is as nondirectional and as efficient as is practicable for the transmission and reception of radio ground waves over seawater. The installation and construction of the required antenna must insure operation in time of emergency.
(b) If the required antenna is suspended between masts or other supports liable to whipping, a safety link which, under heavy stress, will operate to greatly reduce such stress without breakage of the antenna, the halyards, or other antenna-supporting elements, must be installed.
(c) When an electrical ground connection is used as an element of the antenna system, the connection must be efficient.
(a) Emergency electric light(s) must be installed to illuminate the operating controls of the radiotelephone installation at the principal operating position, the card of instructions, and the radiotelephone station clock if the latter is not self-illuminated.
(b) The emergency electric light(s) must be energized from the reserve power supply, if a reserve power supply is required. In cases where a reserve power supply is not required, the emergency lights must be energized independently of the system which supplies the normal lighting.
A clock having a face of at least 12.7 cm (5 in.) in diameter must be mounted in a position that can be observed from the principal operating position.
A spare transmitting antenna completely assembled for immediate erection must be provided. If the installed transmitting antenna is suspended between supports, this spare antenna must be a single-wire transmitting antenna of the same length and must also include suitable insulators.
(a) Each ship station must be provided with such tools, testing equipment, instruction books and circuit diagrams to enable the radiotelephone installation to be maintained in efficient working condition while at sea. Each ship station licensee must compile a list of spare parts, tools, test equipment and circuit diagrams it considers necessary for compliance with this requirement. This list must be available at inspection. The Commission may consider equipment manufacturer lists of recommended spare parts, tools, test equipment, and repair circuit diagrams in determining compliance with this subsection. These items must be located convenient to the radio room.
(b) The testing equipment must include an instrument or instruments for measuring A.C. volts, D.C. volts and ohms.
A card of instructions giving a clear summary of the radiotelephone distress procedure must be securely mounted and displayed in full view of the principal operating position.
Unless the normal use of the required radiotelephone station demonstrates that the equipment is operating, a test communication on a required or working frequency must be made each day the ship is navigated. When this test is performed by a person other than the master and the equipment is found to be defective the master must be promptly notified.
(a) A Class S survival craft emergency position indicating radiobeacon, (EPIRB) required to be carried to comply with title 46 of the Code of Federal Regulations must meet the provisions of § 80.833.
(b) A survival craft two-way radiotelephone apparatus must meet the provisions of § 80.834.
(a) All passenger ships irrespective of size and all cargo ships of 300 gross tons and upwards subject to part II of title III of the Communications Act or to the Safety Convention are required to carry a VHF radiotelephone station complying with this subpart. Ships subject only to the Communications Act may use a VHF radiotelephone installation meeting the technical standards of the Bridge-to-Bridge Act to satisfy the watch requirements of § 80.305(a)(3) if the equipment can transmit and receive on 156.800 MHz.
(b) The VHF radiotelephone station must be installed to insure safe and effective operation of the equipment and facilitate repair. It must be protected against vibration, moisture and temperature.
(c) The principal operating position of the radiotelephone station must be in the room from which the ship is normally steered while at sea.
(d) The radiotelephone stations on ships subject to Part II of Title III of the Communications Act must be capable of operating on the frequency 156.800 MHz and in other respects meet the requirements of § 80.143. The radiotelephone stations on ships subject to the Safety Convention must be capable of operating in the simplex mode on the ship station transmitting frequencies specified in the frequency band 156.025 MHz to 157.425 MHz and in the semiduplex mode on the two frequency channels specified in the following table:
The VHF radiotelephone installation includes:
(a) A VHF radiotelephone transmitter,
(b) A VHF radiotelephone receiver,
(c) A power supply,
(d) An antenna system.
(a) The transmitter must be capable of transmission of G3E emission on 156.300 MHz and 156.800 MHz, and on frequencies which have been specified for use in a system established to promote safety of navigation. Vessels in waters of other Administrations are required to communicate on any channel designated by that Administration for navigational safety in the bands specified in § 80.871(d).
(b) The transmitter must be adjusted so that the transmission of speech normally produces peak modulation within the limits of 75 percent and 100 percent.
(c) The transmitter must deliver a carrier power between 8 and 25 watts into a 50 ohm effective resistance. Provision must be made for reducing the carrier power to a value between 0.1 and 1.0 watts.
(d) The transmitter complies with the power output requirements specified in paragraph (c) of this section when:
(1) The transmitter is capable of being adjusted for efficient use with an actual ship station transmitting antenna meeting the requirements of § 80.876; and
(2) The transmitter has been demonstrated capable, with normal operating voltages applied, of delivering not less than 8 watts of carrier power into 50 ohms effective resistance over the frequency band specified in § 80.871(d). An individual demonstration of the power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required; and
(3) It is certificated as required by subpart F of this part.
(a) The receiver used for providing the watch for navaigational safety required by § 80.313 must be certificated by the Commission and capable of effective reception of G3E emission on the frequencies required by § 80.871(d) when connected to the antenna specified in § 80.876.
(b) The receiver must have a usable sensitivity of 0.5 microvolts.
(c) The receiver must deliver adequate audio output power to be heard in the ambient noise level likely to be expected on board ships with a loudspeaker and/or a telephone handset.
(d) In the simplex mode when the transmitter is activated the receiver output must be muted.
(a) There must be readily available for use under normal load conditions a power supply sufficient to simultaneously energize the VHF transmitter at its required antenna power, and the VHF receiver. Under this load condition the voltage of the source of energy at the power input terminals of the VHF radiotelephone installation must not deviate from its rated value by more than 10 percent on ships completed on or after March 1, 1957, nor by more than 15 percent on ships completed before that date.
(b) When the power supply for the VHF radiotelephone installation consists of batteries, they must be installed in the upper part of the ship, secured against shifting with motion of the ship, capable of operating the installation for 6 hours, and accessible with not less than 26 cm (10 in.) head room.
(c) Means must be provided for charging any rechargeable batteries used in the ship's VHF radiotelephone installation. There must be provided a device which, during charging of the batteries, will give a continuous indication of the charging current.
(d) The VHF radiotelephone installation may be connected to the reserve power supply of a compulsorily fitted radiotelephone or radiotelegraph installation.
A vertically polarized nondirectional antenna must be provided for VHF radiotelephone installations. The construction and installation of this antenna must insure proper operation in an emergency.
The controls and indicators used on equipment of the VHF radiotelephone installation must meet the following standards:
(a) The size of controls must easily permit normal adjustment. The function and the setting of the controls must be clearly indicated.d
(b) Controls must be illuminated to permit satisfactory operation of the equipment.
(c) Means must be provided to reduce to extinction any light output from the equipment which could affect safety of navigation.
(d) An on/off switch must be provided for the entire installation with a visual indication that the installation is switched on.
(e) The equipment must indicate the channel number, as given in the Radio Regulations, to which it is tuned. It must allow the determination of the channel number under all conditions of external lighting. Channel 16 must be distinctively marked.
(f) The receiver must have a manual volume control and a squelch control.
(g) If the external controls are on a separate control unit and more than one such control unit is provided, the one on the bridge must have priority over the others. When there is more than one control unit, indication must be given to the other(s) that the transmitter is in operation.
Ships of 500 gross tons and upwards that are constructed on or after September 1, 1984, must comply with the radar installation requirements and specifications contained in § 80.825 of this part.
The provisions of Part III of Title III of the Communication Act require United States vessels which transport more than six passengers for hire while such vessels are being navigated on any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, or in the open sea to carry a radiotelephone installation complying with this subpart. The provisions of Part III do not apply to vessels which are equipped with a radio installation for compliance with Part II of Title III of the Act, or for compliance with the Safety Convention, or to vessels navigating on the Great Lakes.
Every vessel subject to Part III of Title III of the Communications Act must have a detailed inspection of the radio installation by an FCC-licensed technician in accordance with § 80.59 once every five years. The FCC-licensed technician must use the latest FCC Information Bulletin,
(a) Vessels subject to part III of title III of the Communications Act that operate in the waters described in § 80.901 of this section must, at a minimum, be equipped as follows:
(1) Vessels operated solely within the communications range of a VHF public coast station or U.S. Coast Guard station that maintains a watch on 156.800 MHz while the vessel is navigated must be equipped with a VHF radiotelephone installation. Vessels in this category must not operate more than 20 nautical miles from land.
(2) Vessels operated beyond the 20 nautical mile limitation specified in paragraph (a)(1) of this section, but not more than 100 nautical miles from the nearest land, must be equipped with a medium frequency transmitter capable of transmitting J3E emission and a receiver capable of reception of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF radiotelephone installation required by paragraph (a)(1) of this section. The medium frequency transmitter and receiver must be capable of operation on 2670 kHz.
(3) Vessels operated more than 100 nautical miles but not more than 200 nautical miles from the nearest land must:
(i) Be equipped with a VHF radiotelephone installation;
(ii) Be equipped with an MF radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section; and
(iii) Be equipped with either:
(A) a single sideband radiotelephone capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in §§ 80.369 (a) and (b), on all the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d), and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels (this requirement may be met by the addition of such frequencies to the radiotelephone installation required by paragraph (a)(2) of this section); or
(B) if operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT ship earth station meeting the equipment authorization rules of parts 2 and 80 of this chapter;
(iv) Be equipped with a reserve power supply meeting the requirements of §§ 80.917(b), 80.919, and 80.921, and capable of powering the single sideband radiotelephone or the ship earth station (including associated peripheral equipment) required by paragraph (a)(3)(iii) of this section;
(v) Be equipped with a NAVTEX receiver conforming to the following performance standards: IMO Resolution A.525(13) and CCIR Recommendation 540;
(vi) Be equipped with a Category I, 406 MHz satellite emergency position-indicating radiobeacon (EPIRB) meeting the requirements of § 80.1061; and,
(vii) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations (G-NRS-3/AMR), U.S. Coast Guard, Building 110, Box 26, Governor's Island, N.Y. 10004-5034, telephone number (212) 668-7764.
(4) Vessels operated more than 200 nautical miles from the nearest land must:
(i) Be equipped with two VHF radiotelephone installations;
(ii) Be equipped with an MF radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section;
(iii) Be equipped with either:
(A) an independent single sideband radiotelephone capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in §§ 80.369(a) and (b), on all of the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d), and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels; or
(B) If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT ship earth station meeting the equipment authorization rules of parts 2 and 80 of this chapter;
(iv) Be equipped with a reserve power supply meeting the requirements of §§ 80.917(b), 80.919, and 80.921, and capable of powering the single sideband radiotelephone or the ship earth station (including associated peripheral equipment) required by paragraph (a)(4)(iii) of this section;
(v) Be equipped with a NAVTEX receiver conforming to the following performance standards: IMO Resolution A.525(13) and CCIR Recommendation 540;
(vi) Be equipped with a Category I, 406 MHz satellite emergency position-indicating radiobeacon (EPIRB) meeting the requirements of § 80.1061;
(vii) Be equipped with a radiotelephone distress frequency watch receiver meeting the requirements of § 80.269;
(viii) Be equipped with an automatic radiotelephone alarm signal generator meeting the requirements of § 80.221; and
(ix) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations (G-NRS-3/AMR), U.S. Coast Guard, Building 110, Box 26, Governor's Island, N.Y. 10004-5034, telephone number (212) 668-7764.
(b) For a vessel that is navigated within the communication range of a VHF public coast station or U.S. Coast Guard station, but beyond the 20-nautical mile limitation specified in paragraph (a)(1) of this section, an exemption from the band 1605 to 2850 kHz installation requirements may be granted if the vessel is equipped with a VHF transmitter and receiver. An application for exemption must include a chart showing the route of the voyage or the area of operation of the vessel, and the receiving service area of the VHF public coast or U.S. Coast Guard station. The coverage area of the U.S. Coast Guard station must be based on written information from the District Commander, U.S. Coast Guard, a copy of which must be furnished with the application. The coverage area of a public coast station must be computed by the method specified in subpart P of this part.
(c) The radiotelephone installation must be installed to insure safe operation of the equipment and to facilitate repair. It must be protected against the vibration, moisture, temperature, and excessive currents and voltages.
(d) A VHF radiotelephone installation or a remote unit must be located at each steering station except those auxiliary steering stations which are used only during brief periods for docking or for close-in maneuvering. A single portable radiotelephone set meets the requirements of this paragraph if adequate permanent mounting arrangements with suitable power provision and antenna feed are installed at each operator steering station. Additionally, for vessels of more than 100 gross tons, the radiotelephone installation must be located at the level of the main wheelhouse or at least one deck above the vessel's main deck.
The principal operating position of the radiotelephone installation on vessels over 100 gross tons must be in the room from which the vessel is normally steered while at sea. If the station can be operated from any location other than the principal operating position, a positive means must be provided at the principal operating position to take full control of the station.
(a) The medium frequency transmitter must have a peak envelope output power of at least 60 watts for J3E emission on 2182 kHz and at least one ship-to-shore working frequency within the band 1605 to 2850 kHz enabling communication with a public coast station if the region in which the vessel is navigated is served by a public coast station operating in this band.
(b) The single sideband radiotelephone must be capable of operating on maritime frequencies in the band 1710 to 27500 kHz with a peak envelope output power of at least 120 watts for J3E emission and H3E emission on 2182 kHz and J3E emission on the distress and safety frequencies listed in § 80.369(b). Single sideband radios installed on or before February 2, 1992, may be used until February 2, 1997, provided such radios are capable of operating on the frequencies listed in §§ 80.369 (a) and (b), and at least half of the frequencies listed in § 80.369(d).
(c) The transmitter complies with the power output requirements specified in paragraphs (a) or (b) of this section when:
(1) The transmitter can be adjusted for efficient use with an actual ship station transmitting antenna meeting the requirements of § 80.923 of this part; and
(2) The transmitter, with normal operating voltages applied, has been demonstrated to deliver its required output power on the frequencies specified in paragraphs (a) or (b) of this section into either an artificial antenna consisting of a series network of 10 ohms effective resistance and 200 picofarads capacitance or an artificial antenna of 50 ohms nominal impedance. An individual demonstration of power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required.
(d) The single sideband radiotelephone must be capable of transmitting clearly perceptible signals from ship to shore. The transmitter complies with this requirement if it is capable of enabling communication with a public coast station on working frequencies in the 4000 to 27500 kHz band specified in § 80.371(b) of this part under normal daytime operating conditions.
(a) The transmitter must be capable of transmission of G3E emission on 156.800 MHz, 156.300 MHz, and on the ship-to-shore working frequencies necessary to communicate with public coast stations serving the area in which the vessel is navigated.
(b) The transmitter must be adjusted so that the transmission of speech normally produces peak modulation within the limits 75 percent and 100 percent.
(c) The transmitter must be certificated to transmit between 20 watts and 25 watts, on each of the frequencies 156.300 MHz, 156.800 MHz and on ship-to-shore public correspondence channels, into 50 ohms effective resistance when operated with a primary supply voltage of 13.6 volts DC.
(d) When an individual demonstration of the capability of the transmitter is necessary the output power requirements prescribed in this paragraph must be met as follows:
(1) Measurements of primary supply voltage and transmitter output power must be made with the equipment drawing energy only from ship's battery;
(2) The primary supply voltage, measured at the power input terminals to the transmitter, and the output power of the transmitter, terminated in a matching artificial load, must be measured at the end of 10 minutes of continuous operation of the transmitter at its full power output.
(3) The primary supply voltage must not be less than 11.5 volts.
(4) The transmitter output power must be not less than 15 watts.
(5) For primary supply voltages, measured in accordance with the procedures of this paragraph, greater than 11.5 volts, but less than 12.6 volts, the required transmitter output power shall be equal to or greater than the value calculated from the formula
(a) If a medium frequency radiotelephone installation is provided, the watch receiver must be capable of effective reception of J3E emissions, be connected to the antenna system specified by § 80.923, and be preset to, and capable of accurate and convenient selection of, the frequencies 2182 kHz, 2638 kHz, and the receiving frequency(s) of public coast stations serving the area in which the vessel is navigated.
(b) If a single sideband radiotelephone installation is provided, the receiver must be capable of reception of H3E and J3E emissions on 2182 kHz and J3E emission on any receiving frequency authorized pursuant to § 80.909 of this part.
(c) If a very high frequency radiotelephone installation is provided, the receiver used for maintaining the watch required by § 80.303 must be capable of effective reception of G3E emission, be connected to the antenna system specified by § 80.923 and be preset to, and capable of selection of, the frequencies 156.300 MHz, 156.800 MHz, and the receiving frequency(s) of public coast stations serving the area in which the vessel is navigated.
(d) One or more loudspeakers must be provided to permit reception on 2182 kHz or 156.800 MHz at the principal operating position and at any other place where listening is performed.
(e) Any receiver provided as a part of the radiotelephone installation must have a sensitivity of at least 50 microvolts in the case of MF equipment, and 1 microvolt in the case of HF or VHF equipment.
(f) The receiver required in paragraphs (a), (b) or (c) of this section must be capable of efficient operation when energized by the main source of energy. When a reserve source of energy is required pursuant to § 80.905 or § 80.917 of this part, the receiver must also be capable of efficient operation when energized by the reserve source of energy.
(g) The sensitivity of a receiver is the strength in microvolts of a signal, modulated 30 percent at 400 Hertz, required at the receiver input to produce an audio output of 50 milliwatts to the loudspeaker with a signal-to-noise ratio of at least 6 decibels. Evidence of a manufacturer's rating or a demonstration of the sensitivity of a required receiver computed on this basis must be furnished upon request of the Commission.
(a) There must be readily available for use under normal load conditions a main power supply sufficient to simultaneously energize the radiotelephone transmitter at its required antenna power, and the required receiver. Under this load condition the potential of the main power supply at the power input terminals of the radiotelephone installation must not deviate from its rated potential by more than 10 percent on vessels completed on or after March 1, 1957, nor by more than 15 percent on vessels completed before that date.
(b) When the main power supply consists of batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room.
(c) Means must be provided for adequately charging any batteries used as a main power supply. There must be a device which gives a continuous indication of the rate and polarity of the charging current during charging.
(a) A vessel of more than 100 gross tons the keel of which was laid after March 1, 1957, must have a reserve power supply located on the same deck as the main wheel house or at least one deck above the vessel's main deck, unless the main power supply is so situated.
(b) The reserve power supply must be independent of the ship's propulsion and of any other electrical system, and be sufficient to simulataneously energize the radiotelephone transmitter at its required output power, and the receiver. The reserve power supply must be available for use at all times.
(c) When the reserve power supply consists of batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room.
(d) The reserve power supply must be located as near the required transmitter and receiver as practicable.
(e) All reserve power supply circuits must be protected from overloads.
(f) Means must be provided for charging any storage batteries used as a reserve power supply for the required radiotelephone installation. There must be a device which will give continuous indication of the rate and polarity of the charging current during charging.
(g) The cooling system of each internal combustion engine used as a part of the reserve power supply must be adequately treated to prevent freezing or overheating consistent with the season and route to be travelled by the particular vessel involved.
If either the main or reserve power supply includes batteries, these batteries must have sufficient reserve capacity to permit proper operation of the required transmitter and receiver for at least 3 hours under normal working conditions.
(a) When directed by a representative of the Commission the vessel must prove by demonstration as prescribed in paragraphs (b), (c), (d) and (e) of this section, that the requirements of § 80.919 are met.
(b) Proof of the ability of a storage battery used as a main or reserve power supply to operate over the 3-hour period established by a discharge test over the prescribed period of time, when supplying power at the voltage required for an electrical loss as prescribed by paragraph (d) of this section.
(c) When the required power supply consists of an engine-driven generator, proof of the adequacy of the engine fuel supply to operate the unit over the 3-hour period of time may be established by using as a basis the fuel consumption during a 1 hour period when supplying power, at the voltage required for operating an electrical load as prescribed by paragraph (d) of this section.
(d) In determining the required electrical load the following formula must be used:
(1) One-half of the current of the required transmitter at its rated output power; plus
(2) Current of the required receiver; plus
(3) Current of electric light, if required by § 80.925; plus
(4) The sum of the current of all other loads the reserve power supply may provide in time of emergency.
(e) At the conclusion of the test specified in paragraphs (b) and (c) of this section, no part of the main or reserve power supply must have an excessive temperature rise, nor must the specific gravity or voltage of any storage battery be below the 90 percent discharge point.
An antenna must be provided in accordance with the applicable requirements of § 80.81 of this part which is as efficient as practicable for the transmission and reception of radio waves. The construction and installation of this antenna must insure proper emergency operation.
(a) If the vessel is navigated at night an electric light or dial lights which clearly illuminate the operating controls must be installed to provide illumination of the operating controls at the principal operating position.
(b) The electric light must be energized from the main power supply and, if a reserve power supply for the radiotelephone installation is required, from the reserve power supply.
The transmitter must be equipped with a device which provides visual indication whenever the transmitter is supplying power to the antenna.
A durable nameplate must be mounted on the required radiotelephone equipment. When the transmitter and receiver comprise a single unit, one nameplate is sufficient. The nameplate must show the name of the manufacturer and the type or model number.
Unless normal use of the radiotelephone installation demonstrates that the equipment is in proper operating condition, a test communication on a required frequency in the 1605 to 27500 kHz band or the 156 to 162 MHz band must be made by a qualified operator each day the vessel is navigated. If the equipment is not in proper operating condition, the master must be promptly notified.
(a) Subject U.S. vessels less than 50 gross tons which are navigated not
(b) All U.S. passenger vessels of less than 100 gross tons, not subject to the radio provisions of the Safety Convention, are exempt from the radiotelegraph provisions of Part II of Title III of the Communications Act, provided that the vessels are equipped with a radiotelephone installation fully complying with subpart S of this part.
(c) Prior to February 1, 1999, U.S. passenger vessels of less than 100 gross tons are exempt from the radiotelepraph requirements of Part II of Title III of the Communications Act and the MF radiotelephone requirements of this subpart as well as Regulations 7 to 11 of Chapter IV of the Safety Convention if the following criteria are fully met:
(1) The ship is equipped with a VHF radiotelephone installation meeting the requirements of this subpart;
(2) While navigating more than three nautical miles from the nearest land, the ship is equipped with:
(i) A Category 1, 406 MHz EPIRB meeting the requirements of § 80.1061;
(ii) A NAVTEX receiver meeting the requirements of § 80.1101(c)(1); and
(iii) Three two-way VHF radiotelephone apparatus and two radar transponders meeting the requirements of § 80.1095.
(3) The ship remains within communications range of U.S. Coast Guard or public coast stations operating in the band 156-162 MHz;
(4) The routes of the voyage are never more than 20 nautical miles from the nearest land or, alternatively, not more than 200 nautical miles between two consecutive ports, and are limited to the following domestic and international voyages:
(i) In waters contiguous to Hawaii, the Bahama Islands and the islands in the Caribbean Sea, including the Greater Antilles, Lesser Antilles, and the coastal waters of Venezuela between the Mouth of the Orinoco River and the Gulf of Venezuela;
(ii) In waters contiguous to the coast of Southern California from Point Conception south to Cape San Lucas, Mexico; the islands of San Miguel, Santa Rosa, Santa Cruz, Anacopa, San Nicolas, Santa Barbara, Santa Catalina, and San Clemente are considered to be within these waters; and,
(iii) In waters of the Pacific Northwest between Tacoma, Washington and the waters of British Columbia, Canada, as far north as Queen Charlotte Strait, never in the open sea.
(d) Prior to February 1, 1999, U.S. passenger vessels of less than 100 gross tons are exempt from the radiotelegraph requirements of Part II of Title III of the Communications Act, as well as Regulations 7 to 11 of Chapter IV of the Safety Convention, if the following criteria are fully met:
(1) The ship is equipped in accordance with paragraphs (c)(1) and (c)(2) of this section;
(2) The ship is equipped with a MF radiotelephone installation meeting the requirements of this subpart;
(3) The routes of the voyage are never more than 20 nautical miles from the nearest land or, alternatively, not more than 100 nautical miles between two consecutive ports, and are limited to international voyages between Florida and the Bahama Islands.
(e) These exemptions may be terminated at any time without hearing, if in the Commission's discretion, the need for such action arises.
Each station subject to this subpart must have a working clock or timepiece readily available to the operator.
The Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by Means of Radio, 1973, applies to vessels of all countries when navigated on the Great Lakes. The Great Lakes Radio Agreement defines the Great Lakes as “all waters of Lakes Ontario, Erie, Huron (including Georgian Bay),
(a) Every vessel 20 meters (65 feet) or over in length (measured from end to end over the deck, exclusive of sheer).
(b) Every vessel engaged in towing another vessel or floating object, except:
(1) Where the maximum length of the towing vessel, measured from end to end over the deck exclusive of sheer, is less than 8 meters (26 feet) and the length or breadth of the tow, exclusive of the towing line, is less than 20 meters (65 feet);
(2) Where the vessel towed complies with this subpart;
(3) Where the towing vessel and tow are located within a booming ground (an area in which logs are confined); or
(4) Where the tow has been undertaken in an emergency and neither the towing vessel nor the tow can comply with this part.
(c) Any vessel carrying more than six passengers for hire.
(d) The requirements of the Great Lakes Radio Agreement do not apply to:
(1) Ships of war and troop ships;
(2) Vessels owned and operated by any national government and not engaged in trade.
(e) The Commission may if it considers that the conditions of the voyage or voyages affecting safety (including but not necessarily limited to the regularity, frequency and nature of the voyages, or other circumstances) are such as to render full application of the Great Lakes Agreement unreasonable or unnecessary, exempt partially, conditionally or completely, any individual vessel for one or more voyages or for any period of time not exceeding one year.
(a) Each U.S. flag vessel subject to the Great Lakes Agreement must have an inspection of the required radiotelephone installation at least once every 13 months. This inspection must be made while the vessel is in active service or within not more than one month before the date on which it is placed in service.
(b) An inspection and certification of a ship subject to the Great Lakes Agreement must be made by a technician holding one of the following: a General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. Additionally, the technician must not be the vessel's owner, operator, master, or an employee of any of them. The results of the inspection must be recorded in the ship's radiotelephone log and include:
(1) The date the inspection was conducted;
(2) The date by which the next inspection needs to be completed;
(3) The inspector's printed name, address, class of FCC license (including the serial number);
(4) The results of the inspection, including any repairs made; and
(5) The inspector's signed and dated certification that the vessel meets the requirements of the Great Lakes Agreement and the Bridge-to-Bridge Act contained in subparts T and U of this part and has successfully passed the inspection.
(c) The vessel owner, operator, or ship's master must certify that the inspection required by paragraph (b) was satisfactory.
(d) The ship's log must be retained on-board the vessel for at least two years from the date of the inspection.
(a) Each U.S. flag vessel of less than 38 meters (124 feet) in length while subject to the Great Lakes Agreement must have a radiotelephone meeting the provisions of this subpart in addition to the other rules in this part governing ship stations using telephony.
(b) Each U.S. flag vessel of 38 meters (124 feet) or more in length while subject to the Great Lakes Agreement must have a minimum of two VHF radiotelephone installations in operating condition meeting the provisions of this subpart. The second VHF installation must be electrically separate from the first VHF installation. However, both may be connected to the main power supply provided one installation can be operated from a separate power supply located as high as practicable on the vessel.
(c) This paragraph does not require or prohibit the use of other frequencies for use by the same “radiotelephone installation” for communication authorized by this part.
(a) Each VHF radiotelephone installation must be capable of transmitting and receiving G3E emission as follows:
(1) Channel 16—156.800 MHz-Distress, Safety and Calling; and
(2) Channel 6—156.300 MHz—Primary intership.
(b) The radiotelephone station must have additional frequencies as follows:
(1) Those ship movement frequencies appropriate to the vessel's area of operation: Channel 11—156.550 MHz, Channel 12—156.600 MHz, or Channel 14—156.700 MHz.
(2) The navigational bridge-to-bridge frequency, 156.650 MHz (channel 13).
(3) Such other frequencies as required for the vessel's service.
(4) One channel for receiving marine navigational warnings for the area of operation.
(c) Every radiotelephone station must include one or more transmitters, one or more receivers, one or more sources of energy and associated antennas and control equipment. The radiotelephone station, exclusive of the antennas and source of energy, must be located as high as practicable on the vessel, preferably on the bridge, and protected from water, temperature, and electrical and mechanical noise.
(a) The principal operating position of the radiotelephone installation must be on the bridge, convenient to the conning position.
(b) When the radiotelephone station is not located on the bridge, operational control of the equipment must be provided at the location of the radiotelephone station and at the bridge operating position. Complete control of the equipment at the bridge operating position must be provided.
(a) The transmitter must be capable of transmission of G3E emission on the required frequencies.
(b) The transmitter must deliver a carrier power of between 10 watts and 25 watts into 50 ohms nominal resistance when operated with its rated supply voltage. The transmitter must be capable of readily reducing the carrier power to one watt or less.
(c) To demonstrate the capability of the transmitter, measurements of primary supply voltage and transmitter output power must be made with the equipment operating on the vessel's main power supply, as follows:
(1) The primary supply voltage measured at the power input terminals to the transmitter terminated in a matching artificial load, must be measured at the end of 10 minutes of continuous operation of the transmitter at its rated power output.
(2) The primary supply voltage, measured in accordance with the procedures of this paragraph, must be not less than 11.5 volts.
(3) The transmitter at full output power measured in accordance with the procedure of this paragraph must not be less than 10 watts.
(a) The receiver must be capable of reception of G3E emission on the required frequencies.
(b) The receiver must have a sensitivity of at least 2 microvolts across 50
(a) A main power supply must be available at all times while the vessel is subject to the requirements of the Great Lakes Radio Agreement.
(b) Means must be provided for charging any batteries used as a source of energy. A device which during charging of the batteries gives a continuous indication of charging current must be provided.
(a) Each passenger vessel of more than 100 gross tons and each cargo vessel of more than 300 gross tons must be provided with a reserve power supply independent of the vessel's normal electrical system and capable of energizing the radiotelephone installation and illuminating the operating controls at the principal operating position for at least 2 continuous hours under normal operating conditions. When meeting this 2 hour requirement, such reserve power supply must be located on the bridge level or at least one deck above the vessel's main deck.
(b) Instead of the independent power supply specified in paragraph (a) of this section, the vessel may be provided with an auxiliary radiotelephone installation having a power source independent of the vessel's normal electrical system. Any such installation must comply with §§ 80.955, 80.956, 80.957, 80.959, 80.961, 80.969 and 80.971, as well as the general technical standards contained in this part. Additionally, the power supply for any such auxiliary radiotelephone must be a “reserve power supply” for the purposes of paragraphs (c), (d) and (e) of this section.
(c) Means must be provided for adequately charging any batteries used as a reserve power supply for the required radiotelephone installation. A device must be provided which, during charging of the batteries, gives a continuous indication of charging.
(d) The reserve power supply must be available within one minute.
(e) The station licensee, when directed by the Commission, must prove by demonstration as prescribed in paragraphs (e)(1), (2), (3) and (4) of this section that the reserve power supply is capable of meeting the requirements of paragraph (a) of this section as follows:
(1) When the reserve power supply includes a battery, proof of the ability of the battery to operate continuously for the required time must be established by a discharge test over the required time, when supplying power at the voltage required for normal operation to an electric load as prescribed by paragraph (e)(3) of this section.
(2) When the reserve power supply includes an engine driven generator, proof of the adequacy of the engine fuel supply to operate the unit continuously for the required time may be established by using as a basis the fuel consumption during a continuous period of one hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (e)(3) of this section.
(3) For the purposes of determining the electrical load to be supplied, the following formula must be used:
(i) One-half of the current of the radiotelephone while transmitting at its rated output, plus one-half the current while not transmitting; plus
(ii) Current of the required receiver; plus
(iii) Current of the source of illumination provided for the operating controls prescribed by § 80.969; plus
(iv) The sum of the currents of all other loads to which the reserve power supply may provide power in time of emergency or distress.
(4) At the conclusion of the test specified in paragraphs (e) (1) and (2) of this section, no part of the reserve power supply must have excessive temperature rise, nor must the specific gravity or voltage of any battery be below the 90 percent discharge point.
The antenna must be omni-directional, vertically polarized and located as high as practicable on the masts or superstructure of the vessel.
(a) The radiotelephone must have dial lights which illuminate the operating controls at the principal operating position.
(b) Instead of dial lights, a light from an electric lamp may be provided to illuminate the operating controls of the radiotelephone at the principal operating position. If a reserve power supply is required, arrangements must permit the use of that power supply for illumination within one minute.
At least once during each calendar day a vessel subject to the Great Lakes Radio Agreement must test communications on 156.800 MHz to demonstrate that the radiotelephone installation is in proper operating condition unless the normal daily use of the equipment demonstrates that this installation is in proper operating condition. If equipment is not in operating condition, the master must have it restored to effective operation as soon as possible.
The Bridge-to-Bridge Act and the regulations of this part apply to the following vessels in the navigable waters of the United States:
(a) Every power-driven vessel of 20 meters or over in length while navigating;
(b) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating;
(c) Every towing vessel of 7.8 meters (26 feet) or over in length, measured from end to end over the deck excluding sheer, while navigating; and
(d) Every dredge and floating plant engaged, in or near a channel or fairway, in operations likely to restrict or affect navigation of other vessels. An unmanned or intermittently manned floating plant under the control of a dredge shall not be required to have a separate radiotelephone capability.
Vessels subject to the Bridge-to-Bridge Act must have a radiotelephone installation to enable the vessel to participate in navigational communications. This radiotelephone installation must be continuously associated with the ship even though a portable installation is used. Foreign vessels coming into U.S. waters where a bridge-to-bridge station is required may fulfill this requirement by use of portable equipment brought a board by the pilot. Non portable equipment, when used, must be arranged to facilitate repair. The equipment must be protected against vibration, moisture, temperature and excessive currents and voltages.
The bridge-to-bridge radiotelephone station will be inspected on vessels subject to regular inspections pursuant to the requirements of Parts II and III of Title III of the Communications Act, the Safety Convention or the Great Lakes Agreement at the time of the regular inspection. If after such inspection, the Commission determines that the Bridge-to-Bridge Act, the rules of the Commission and the station license are met, an endorsement will be made on the appropriate document. The validity of the endorsement will run concurrently with the period of the regular inspection. Each vessel must carry a certificate with a valid endorsement while subject to the Bridge-to-Bridge Act. All other bridge-to-bridge stations will be inspected from time to time. An inspection of the bridge-to-bridge station on a Great Lakes Agreement vessel must normally be made at the same time as the Great Lakes Agreement inspection is conducted by a technician holding one of the following: a General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. Additionally, the technician must not
Use of the bridge-to-bridge transmitter must be restricted to the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel. Communications must be of a navigational nature exclusively.
The principal operating position of the bridge-to-bridge station must be the vessel's navigational bridge or, in the case of dredges, its main control station. If the radiotelephone installation can be operated from any location other than the principal operating position, the principal operating position must be able to take full control of the installation.
(a) The bridge-to-bridge transmitter must be capable of transmission of G3E emission on the navigational frequency 156.650 MHz (Channel 13) and the Coast Guard liaison frequency 157.100 MHz (Channel 22A). Additionally, the bridge-to-bridge transmitter must be capable of transmission of G3E emission on the navigational frequency of 156.375 MHz (Channel 67) while transiting any of the following waters:
(1) The lower Mississippi River from the territorial sea boundary, and within either the Southwest Pass safety fairway or the South Pass safety fairway specified in § 166.200 of the U.S. Coast Guard's Rules, 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near Baton Rouge;
(2) The Mississippi River-Gulf Outlet from the territorial sea boundary, and within the Mississippi River-Gulf outlet Safety Fairway specified in § 166.200 of the U.S. Coast Guard's Rules, 33 CFR 166.200, to that channel's junction with the Inner Harbor Navigation Canal; and
(3) The full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to that canal's entry to Lake Pontchartrain at the New Seabrook vehicular bridge.
(b) [Reserved]
The bridge-to-bridge receiver must be capable of reception of G3E emission on the navigational frequency 156.650 MHz (Channel 13) and the Coast Guard liaison frequency 157.100 MHz (Channel 22A). In addition, the bridge-to-bridge receiver must be capable of reception of G3E emission on the navigational frequency of 156.375 MHz (Channel 67) while transiting in the waters of the lower Mississippi River as described in §§ 80.1011 (a)(1), (a)(2) and (a)(3) of this part.
(a) There must be readily available for use under normal load conditions, a power supply sufficient to simultaneously energize the bridge-to-bridge transmitter at its required antenna power, and the bridge-to-bridge receiver. Under this load condition the voltage of the power supply at the power input terminals of the bridge-to-bridge radiotelephone installation must not deviate from its rated voltage by more than 10 percent on vessels completed on or after March 1, 1957, nor by more than 15 percent on vessels completed before that date.
(b) When the power supply for a nonportable bridge-to-bridge radiotelephone installation consists of or includes batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room.
(c) Means must be provided for adequately charging any rechargeable batteries used in the vessel's bridge-to-bridge radiotelephone installation. There must be provided a device which
(a) An antenna must be provided for nonportable bridge-to-bridge radiotelephone installations which is nondirectional and vertically polarized. The construction and installation of this antenna must insure proper operation in time of an emergency.
(b) In cases where portable bridge-to-bridge equipment is permanently associated with a vessel, the equipment must be provided with a connector for an external antenna of a type capable of meeting requirements of paragraph (a) of this section and § 80.71. The vessel must be equipped with an external antenna meeting requirements of paragraph (a) of this section and § 80.71, capable of use with the portable equipment during a normal listening watch.
Each nonportable bridge-to-bridge transmitter must be equipped, at each point of control, with a carrier operated device which will provide continuous visual indication when the transmitter is supplying power to the antenna transmission line or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter.
A durable nameplate must be mounted on the required radiotelephone or be an integral part of it. When the transmitter and receiver comprise a single unit, one nameplate is sufficient. The nameplate must show at least the name of the manufacturer and the type or model number.
Unless normal use of the required radiotelephone installation demonstrates that the equipment is in proper operating condition, a test communication for this purpose must be made by a qualified operator each day the vessel is navigated. If the equipment is not in proper operating condition, the master must be promptly notified. The master must have it restored to effective operating condition as soon as possible.
This subpart describes the technical and performance requirements for Classes A, B, C, and S, and Categories 1, 2, and 3 EPIRB stations.
(a) A Class A EPIRB station must meet the following:
(1) Float free of a sinking ship;
(2) Activate automatically when it floats free of a sinking ship;
(3) Have an antenna that deploys automatically when the EPIRB activates;
(4) Use A3X emission on a mandatory basis and A3E and NON emissions on an optional basis on the frequencies 121.500 MHz and 243.000 MHz;
(5) Transmission of A3E or NON emission must not exceed 90 seconds and must be followed by a transmission of at least three minutes of A3X emission; each transmission of a synthesized and/or pre-recorded voice message must be preceded by the words “this is a recording”;
(6) The effective radiated power must not be less than 75 milliwatts after 48 hours of continuous operation and without replacement or recharge of batteries.
(7) The mandatory A3X emission must be amplitude modulated with an audio signal swept downward between 1600 and 300 Hz. The sweeping range of the audio signal must be 700 Hz or greater. Its sweep repetition rate must be between 2 and 4 times per second. The modulation factor must be at least 0.85 and the modulation duty cycle must be at least 33%, but not more that 55%.
(8) EPIRBs manufactured on or after October 1, 1988; EPIRBs carried as part
(9) Have a visible or audible indicator which clearly shows that the device is operating. The indicator must be activated by the RF output power. The indicator must be protected from damage due to dropping or contact with other objects;
(10) Float in calm water with at least the upper 5 cm (2 in.) of the EPIRB out of the water and the base of the antenna at least 5 cm (2 in.) above the water, with the antenna in a vertical position completely above the water surface;
(11) Be ballasted to right itself from a position of 90 degrees from its upright position in one second or less;
(12) Meet the requirements of paragraphs (a) (1) through (9) of this section after a free fall into water 3 times from a height of 20 meters (66 ft.);
(13) Bear a designation that indicates it is a “Class A” EPIRB;
(14) Have a positive means of turning the equipment off. When an on-off switch is employed a guard must be provided to prevent inadvertent operation.
(b) Class A EPIRB's must have a manually activated test switch which must be held in position for test operation and when released return the EPIRB to its normal state. A switch guard must be provided to prevent inadvertent activation. Class A EPIRB's must also have an associated test circuit and an RF output power indicator which in the test position must:
(1) Permit the operator to determine that the unit is operative;
(2) Switch the transmitter output to an artificial antenna equivalent to that of the EPIRB antenna;
(3) Reduce radiation to a level not to exceed 100 nanowatts at a distance of 30 meters (98 feet) irrespective of direction.
(c) EPIRBs manufactured on or after October 1, 1988, must be tested in accordance with subpart N, part 2 of this chapter. A report of the measurements must be submitted with each application for certification. EPIRBs that meet the output power characteristics of this section must have a permanent label prominently displayed on the outer casting stating, “Meets FCC Rules for improved satellite detection.” This label, however, must not be placed on the equipment without authorization to do so by the Commission. Application for such authorization may be made either by submission of a new application for certification accompanied by the required fee and all information and test data required by parts 2 and 80 of this chapter or, for EPIRBs certificated prior to October 1, 1988, an application for modification accompanied by the required fee requesting such authorization, including appropriate test data and a showing that all units produced under the original certification authorization comply with the requirements of this paragraph without change to the original circuitry. If the intent is simply to add the proper label to an already approved and compliant EPIRB, a letter of notification prior to implementing the labeling requirements will be needed. This letter request should be sent to the attention of the Authorization and Evaluation Division, 7435 Oakland Mills Road, Columbus, Maryland 21046,
(d) Vacuum tubes are not permitted in EPIRB's. The equipment must meet the requirements after extended periods of inaction while carried in vessels and subjected to the environmental conditions prescribed. Operation into any RF load from open to short must not cause continuing degradation in performance.
(e) EPIRBs must be powered by a battery contained within the transmitter case or in a battery holder that is rigidly attached to the transmitter case. The battery connector must be corrosion resistant and positive in action and must not rely for contact upon spring force alone. The useful life of the battery is the length of time that the battery can be stored under marine environmental conditions without the EPIRB transmitter peak effective radiated power falling below 75 milliwatts prior to 48 hours of continuous operation. The month and year of the battery's manufacture must be permanently marked on the battery and the month and year upon which 50 percent of its useful life will have expired must be permanently marked on both the battery and the outside of the transmitter. The batteries must be replaced if 50 percent of their useful life has expired or if the transmitter has been used in an emergency situation. EPIRBs manufactured after April 27, 1992 must display prominently on the outer case one of the following: The battery installation instructions, the title of the manual that contains such information, or the company name and address where the battery installation can be performed.
(f) The EPIRB must be waterproof and must not be accidentally activated by rain, seaspray, hose wash-down spray or storage in high humidity conditions. Standing water on the outer surface must not significantly affect its performance.
(g) Operating instructions understandable by untrained personnel must be permanently displayed on the equipment.
(h) The exterior of the equipment must have no sharp edges or projections. Means must be provided to fasten the EPIRB to a survival craft or person.
(i) The antenna must be deployable to its designed length and operating position in a foolpoof manner. The antenna must be securely attached to the EPIRB and easy to de-ice. The antenna must be vertically polarized and omnidirectional.
(a) A Class B EPIRB must meet the following:
(1) The EPIRB must be turned on automatically, as by water activated battery, or manually by an on-off switch. A positive means of turning the equipment off must be provided. Where an on-off switch is employed, a guard must be provided to prevent inadvertent operation;
(2) The equipment must be designed to be deployed, its controls actuated, or its antenna erected, each by a single action task which can be performed by either hand;
(3) Meet the requirements in §§ 80.1053(a) (4) through (8), (a)(14), and (c) through (i) of this part. EPIRBs with water activated batteries must, additionally, meet the requirements contained in §§ 80.1053 (a)(10) and (a)(11) of this part,
(4) Bear a designation that indicates it is a “Class B” EPIRB.
(b) A Class B EPIRB may have a manually activated test switch which meets the requirements in § 80.1053 (b) and (c).
(c) If testing of an EPIRB with Coast Guard coordination is not possible, brief operational tests are authorized provided the tests are conducted within the first five minutes of any hour and are not longer than three audio sweeps or one second whichever is longer.
Class C EPIRB's shall not be manufactured, imported, or sold in the United States after February 1, 1995. Class C EPIRB stations installed on board vessels before February 1, 1995, may be used until February 1, 1999, and not thereafter.
(a) A Class C EPIRB must operate on the frequencies 156.750 and 156.800 MHz, must use G3N modulation, and employ the international Radiotelephone Two Tone Alarm signal. The EPIRB transmission must be cycled. Each cycle must consist of 6 periods (T1 to T6) as shown in the table below. During T1, T2, T3, and T5 the 156.750 MHz and 156.800 MHz carriers must be modulated alternately by a 2200 Hz and a 1300 Hz tone.
The modulating duration of each tone must be 250 milliseconds. The maximum tolerance of the frequency and modulating duration of each tone must be
(b) The effective radiated power must not be less than 1 watt. The power must be determined according to FCC Bulletin OCE 45. The EPIRB must meet the power requirements over each of the following temperature ranges for the time period shown below. Batteries may be replaced after completion of tests for each temperature range:
(1) 0 to +50 degrees Celsius for 24 hours continuous operation.
(2) −20 to 0 degrees Celsius for 12 hours continuous operation.
(c) The equipment must have a transmitter, an integral antenna and a power supply. The transmitter and power supply must be in separate compartments in a single watertight case.
(d) The equipment must be provided with a visible or audible indicator which clearly shows the device is operating. The indicator must be activated by the RF output power.
(e) The equipment must operate when hand held or when floating in water after storage for extended periods under marine environmental conditions.
(f) The switch used to activate the EPIRB must indicate the state of the equipment (on-off) by the physical position of the switch. A guard must be provided to prevent inadvertent operation.
(g) The equipment case must be waterproof and resealable without special tools or sealing compounds. EPIRB operation must not be degraded by submersion in sea water for a period of 24 hours.
(h) The EPIRB must float in fresh water with the antenna vertical and completely out of the water.
(i) Vacuum tubes are not permitted in EPIRB's. The EPIRB must meet the requirements after extended periods of inaction while carried in vessels and subjected to marine environmental conditions. Operation into any load from open to short must not result in continuous degradation of performance.
(j) The exterior of the equipment must have no sharp edges or projections. Means must be provided to secure the EPIRB to a survival craft or person.
(k) Operating instructions understandable by untrained personnel must be permanently displayed on the equipment. It must indicate that the device is “to be used solely for distress purposes.”
(l) The equipment must have no exposed areas or terminals that could ignite flammable gases or materials.
(m) The omndirectional antenna must be securely attached to the case and capable of being stowed without being damaged.
(n) The equipment must meet the technical standards after being dropped
(o) The EPIRB must meet the technical standards when plunged into sea water at +20 degrees Celsius after storage at a temperature of +50 degrees Celsius.
(p) If testing of an EPIRB with Coast Guard coordination is not possible, brief operational tests are authorized provided the tests are conducted within the first five minutes of any hour for not more than 10 seconds.
(q) The EPIRB must automatically turn off after 24 hours
(r) The EPIRB must be equipped with a visual indication of a low battery condition.
(s) The EPIRB must have a designation that indicates it is a “Class C” EPIRB.
(a) A Class S EPIRB station must be able to float or be permanently secured to a survival craft.
(b) A Class S EPIRB able to float must meet the following:
(1) Be watertight and float in calm water with at least 5 cm (2 in.) of the EPIRB out of the water and the base of the antenna at least 5 cm (2 in.) above the water, with the antenna in a vertical position completely above the water surface;
(2) Be ballasted to right itself from a position 90 degrees from its upright position in one second or less;
(3) Meet the requirements in § 80.1053 (a)(4) through (9) after free fall into water 3 times from a height of 20 meters (67 ft.).
(c) A Class S EPIRB intended to be permanently secured to a survival craft is not required to float in water.
(d) Additionally, all Class S EPIRB's must meet the following:
(1) Be capable only of manual activation by an on-off switch protected by a guard to prevent inadvertent operation;
(2) Be designed to be deployed, its controls actuated, or its antenna erected, each by a single action task which can be performed by either hand;
(3) Meet the requirements in §§ 80.1053 (a)(4) through (a)(8) and (b) through (i) of this part;
(4) Class S EPIRBs may provide either continuous or intermittent operation. If the EPIRB is designed for intermittent operation, the duty cycle must be from 50 to 60 per cent and the period two minutes plus or minus 12 seconds. In either event, the EPIRB must meet the power output characteristics described in § 80.1053(a)(8) of this part;
(5) If testing of an EPIRB with Coast Guard coordination is not possible, brief operational tests are authorized provided the tests are conducted within the first five minutes of any hour and are not longer than three audio sweeps or one second whichever is longer;
(6) Have a designation that indicates it is a “Class S” EPIRB.
(e) Applications for certification must include a letter from the manufacturer stating that the EPIRB meets the requirements in paragraphs (b) and (d), or (c) and (d) of this section.
(a) Notwithstanding the provisions in paragraph (b) of this section, 406.025 MHz EPIRBs must meet all the technical and performance standards contained in the Radio Technical Commission for Maritime Services document titled “RTCM Recommended Standards for 406 MHz Satellite Emergency Position-Indicating Radiobeacons (EPIRBs)” dated July 31, 1987, with editorial updates of December 31, 1987 (RTCM Recommended Standards). This RTCM document is incorporated by reference in accordance with 5 U.S.C. 552(a). The document is available for inspection at Commission headquarters in Washington, DC or may be obtained from the Radio Technical Commission for Maritime Services, Post Office Box 19087, Washington, DC 20036.
(b) The 406.025 MHz EPIRB must contain as an integral part a “homing”
(c) Prior to submitting a certification application for a 406 MHz radiobeacon, the radiobeacon must be certified by a test facility recognized by one of the COSPAS/SARSAT Partners that the equipment satisfies the design characteristics associated with the measurement methods described in Appendix B of the RTCM Recommended Standards.
(1) After a 406.025 MHz EPIRB has been certified by the recognized test facilities the following information must be submitted in duplicate to the Commandant (G-MVI), U.S. Coast Guard, 2100 2nd Street SW., Washington, DC 20593-0001:
(i) The name of the manufacturer or grantee and model number of the EPIRB;
(ii) Copies of the certificate and test data obtained from the test facility recognized by a COSPAS/SARSAT Partner showing that the radiobeacon complies with the COSPAS/SARSAT design characteristics associated with the measurement methods described in Appendix B of the RTCM Recommended Standards;
(iii) Copies of the test report and test data obtained from the test facility recognized by the U.S. Coast Guard showing that the radiobeacon complies with the U.S. Coast Guard environmental and operational characteristics associated with the measurement methods described in Appendix A of the RTCM Recommended Standards; and
(iv) Instruction manuals associated with the radiobeacon, description of the test characteristics of the radiobeacon including assembly drawings, electrical schematics, description of parts list, specifications of materials and the manufacturer's quality assurance program.
(2) After reviewing the information described in paragraph (c)(1) of this section the U.S. Coast Guard will issue a letter stating whether the radiobeacon satisfies all RTCM Recommended Standards.
(d) A certification application for a 406.025 MHz EPIRB submitted to the Commission must also contain a copy of the U.S. Coast Guard letter that states the radiobeacon satisfies all RTCM Recommended Standards, a copy of the technical test data, and the instruction manual(s).
(e) An identification code, issued by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in each EPIRB unit to establish a unique identification for each EPIRB station. With each marketable EPIRB unit the manufacturer or grantee must include a postage pre-paid registration card printed with the EPIRB identification code addressed to: NOAA/NESDIS, SARSAT Operations Division, E/SP3, Federal Building 4, Washington, DC 20233. The registration card must request the owner's name, address, telephone number, type of ship, alternate emergency contact and include the following statement: “WARNING—failure to register this EPIRB with NOAA before installation could result in a monetary forfeiture being issued to the owner.”
(f) To enhance protection of life and property it is mandatory that each 406.025 MHz EPIRB be registered with NOAA before installation and that information be kept up-to-date. Therefore, in addition to the identification plate or label requirements contained
(g) For 406.025 MHz EPIRBs whose identification code can be changed after manufacture, the identification code shown on the plate or label must be easily replaceable using commonly available tools.
This subpart contains the rules applicable to the Global Maritime Distress and Safety System (GMDSS). Every ship of the United States subject to part II of title III of the Communications Act or the Safety Convention must comply with the provisions of this subpart. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to the GMDSS. For the purposes of this subpart, distress and safety communications include distress, urgency, and safety calls and messages.
No provision of this subpart is intended to eliminate, or in anyway modify, other requirements contained in this part with respect to part II of title III of the Communications Act.
(a) The regulations contained in § 80.1119 apply to public coast stations and coast earth stations as of February 1, 1992.
(b) The regulations contained within this subpart apply to all passenger ships regardless of size and cargo ships of 300 tons gross tonnage and upwards as follows:
(1) Ships must comply with §§ 80.1085(a)(4) and 80.1085(a)(6) not later than August 1, 1993.
(2) Ships constructed on or after February 1, 1992, must comply with § 80.1095 as of that date. All other ships must comply with § 80.1095 as of February 1, 1995.
(3) Ships constructed on or after February 1, 1995, must comply with all requirements of this subpart.
(4) Ships constructed before February 1, 1995, must comply with all requirements of this subpart as of February 1, 1999.
(5) During the period between February 1, 1992, and February 1, 1999, all ships must comply with:
(i) The requirements of this subpart;
(ii) The requirements of chapter IV of the International Convention for the Safety of Life at Sea, 1974, in force prior to February 1, 1992 (see subparts Q and R of this part); or
(iii) The requirements of either § 80.836 or § 80.933.
(6) The expression “ships constructed” means “ships the keels of which are laid, or construction identificable with a specific ship begins and assembly of that ship has commenced comprising at least 50 tons gross tonnage or 1% of the estimated mass f all structural material, whichever is less.
(c) The requirements of this subpart do not modify the requirements for ships navigated on the Great Lakes or small passenger boats. The requirements contained in the Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by Means of Radio, 1973, continue to apply (see subpart T of this part). The requirements contained in part III of title III of the Communications Act continue to apply (see subpart S of this part).
(d) No provision in this subpart is intended to prevent the use by any ship, survival craft, or person in distress, of any means at their disposal to attract attention, make known their position and obtain help.
(a) Ships must have the required equipment inspected at least once every 12 months by an FCC-licensed technician holding a GMDSS Radio Maintainer's License. If the ship passes the inspection the technician will issue a Safety Certificate. Safety Certificates may be obtained from the Commission's National Call Center at 1-888-CALL FCC (1-888-225-5322) or from its field offices. The effective date of the ship Safety Certificate is the date the station is found to be in compliance or not later than one business day later. The FCC-licensed technician must use the latest FCC Information Bulletin,
(b) Certificates issued in accordance with the Safety Convention must be posted in a prominent and accessible place on the ship.
(a) For the purpose of this subpart, a ship's area of operation is defined as follows:
(1)
(2)
(3)
(4)
(b) Maritime sea areas are delineated in the International Maritime Organization Publication GMDSS Master Plan of Shore-Based Facilities. The Master Plan can be purchased from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom.
(a) In certain circumstances, partial or conditional exemptions may be granted to individual ships from the requirements of §§ 80.1085, 80.1087, 80.1089, 80.1091, and 80.1093 provided: such ships comply with the functional requirements of § 80.1081 and a showing is made that such an exemption will not have a material effect upon the general efficiency of the service for the safety of all ships.
(b) An exemption may be granted under paragraph (a) of this section only:
(1) If the conditions affecting safety are such as to render the full application of §§ 80.1085, 80.1087, 80.1089, 80.1091, and 80.1093 unreasonable or unnecessary or otherwise not in the public interest;
(2) In exceptional circumstances, for a single voyage outside the sea area or sea areas for which the ship is equipped; or
(3) Prior to February 1, 1999, when the ship will be taken permanently out of service within two years of a requirement date specified in § 80.1065.
(a) Ships must carry at least two persons holding GMDSS Radio Operator's Licenses as specified in § 13.2 of this chapter for distress and safety radio-communications purposes. The GMDSS Radio Operator's License qualifies personnel as GMDSS radio operator for the purposes of operating GMDSS radio installation, including basic equipment adjustments as denoted in knowledge requirements specified in § 13.21 of this chapter.
(1) One of the qualified GMDSS radio operators must be designated to have
(2) A second qualified GMDSS radio operator must be designated as backup for distress and safety radio-communications.
(b) A qualified GMDSS radio operator, and a qualified backup, as specified in paragraph (a) of this section must be:
(1) Available to act as the dedicated radio operator in cases of distress as described in § 80.1109(a);
(2) Designated to perform as part of normal routine each of the applicable communications described in § 80.1109(b);
(3) Responsible for selecting HF DSC guard channels and receiving scheduled maritime safety information broadcasts;
(4) Designated to perform communications described in § 80.1109(c);
(5) Responsible for ensuring that the watches required by § 80.1123 are properly maintained; and
(6) Responsible for ensuring that the ship's navigation position is entered, either manually or automatically through a navigation receiver, into all installed DSC equipment at least every four hours while the ship is underway.
(a) Ships that elect the at-sea option for maintenance of GMDSS equipment (see § 80.1105) must carry at least one person who qualifies as a GMDSS radio maintainer, as specified in paragraph (b) of this section, for the maintenance and repair of equipment specified in this subpart. This person may be, but need not be, the person designated as GMDSS radio operator as specified in § 80.1073.
(b) The following licenses qualify personnel as GMDSS radio maintainers to perform at-sea maintenance of equipment specified in this subpart. For the purposes of this subpart, no order is intended by this listing or the alphanumeric designator.
(1) GM: GMDSS Maintainer's License;
(2) GB: GMDSS Operator's/Maintainer's License; or,
(3) Until February 1, 1999:
(i) T-1: First Class Radiotelegraph Operator's Certificate;
(ii) T-2: Second Class Radiotelegraph Operator's Certificate; or,
(iii) G: General Radiotelephone Operator License.
(c) While at sea, all adjustments of radio installations, servicing, or maintenance of such installations that may affect the proper operation of the GMDSS station must be performed by, or under the immediate supervision and responsibility of, a qualified GMDSS radio maintainer as specified in paragraph (b) of this section.
(d) The GMDSS radio maintainer must possess the knowledge covering the requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4.
A record must be kept, as required by the Radio Regulations and § 80.409 (a), (b) and (e), of all incidents connected with the radio-communication service which appear to be of importance to safety of life at sea.
The following table describes the frequencies used in the Global Maritime Distress and Safety System:
Ships, while at sea, must be capable:
(a) Except as provided in §§ 80.1087(a)(1) and 80.1091(a)(4)(iii), of transmitting ship-to-shore distress alerts by at least two separate and independent means, each using a different radio-communication service;
(b) Of receiving shore-to-ship distress alerts;
(c) Of transmitting and receiving ship-to-ship distress alerts;
(d) Of transmitting and receiving search and rescue co-ordinating communications;
(e) Of transmitting and receiving on-scene communications;
(f) Of transmitting and receiving signals for locating;
(g) Of transmitting and receiving maritime safety information;
(h) Of transmitting and receiving general radio-communications to and from shore-based radio sytsems or networks; and
(i) Of transmitting and receiving bridge-to-bridge communications.
(a) Ships must be provided with radio installations capable of complying with the functional requirements prescribed by § 80.1081 throughout its intended voyage and, unless exempted under § 80.1071, complying with the requirements of § 80.1085 and, as appropriate for the sea area of areas through which it will pass during its intended voyage, the requirements of either §§ 80.1087, 80.1089, 80.1091, or 80.1093.
(b) The radio installation must:
(1) Be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and
(2) Be so located as to ensure the greatest possible degree of safety and operational availability;
(3) Be protected against harmful effects of water, extremes of temperature and other adverse environmental conditions;
(4) Be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and
(5) Be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation.
(c) Control of the VHF radiotelephone channels required for navigational safety must be immediately available on the navigating bridge convenient to the conning position and, where necessary, facilities should be available to permit radio-communications from the wings of the navigating bridge. Portable VHF equipment may be used to meet the latter provision.
This section contains the general equipment requirements for all ships subject to this subpart.
(a) Ships must be provided with:
(1) A VHF radio installation capable of transmitting and receiving:
(i) DSC on the frequency 156.525 MHz (channel 70), and it must be able to initiate the transmission of distress alerts on channel 70 from the position from which the ship is normally navigated; and
(ii) Radiotelephony on the frequencies 156.300 MHz (channel 6), 156.650 MHz (channel 13), and 156.800 MHz (channel 16);
(2) A dedicated, non-scanning radio installation capable of maintaining a continuous DSC watch on VHF channel 70 which may be separate from, or combined with, that required by paragraph (a)(1)(i) of this section;
(3) A radar transponder capable of operating in the 9 GHz band, which must be stowed so that it is easily utilized (this transponder may be one of those required by § 80.1095(b) for a survival craft);
(4) A receiver capable of receiving international NAVTEX service broadcasts;
(5) If the ship is engaged on voyages in any area of INMARSAT coverage in which an international NAVTEX service is not provided, a radio facility for reception of maritime safety information by the INMARSAT enhanced group calling system,
(6) A satellite emergency position-indicating radio beacon (satellite EPIRB) which must be:
(i) Capable of transmitting a distress alert through the polar orbiting satellite service operating in the 406 MHz band (406 MHz EPIRB); and
(ii) Installed in an easily accessible position, ready to be manually released and capable of being carried by one person into a survival craft, capable of floating free if the ship sinks and of being automatically activated when afloat, and capable of being activated manually.
(b) Until February 1, 1999, all ships must be equipped with a radio installation consisting of a radiotelephone distress frequency 2182 kHz watch receiver prescribed by § 80.807. This requirement does not apply to ships constructed on or after February 1, 1997.
(c) Until February 1, 1999, all ships, except ships engaged on voyages in sea area A1 only, must be equipped with a device for generating the 2182 kHz radiotelephone alarm signal as prescribed by § 80.807. This requirement does not apply to ships constructed on or after February 1, 1997.
(d) Ships must carry the most recent edition of the IMO publication entitled
This section contains the additional equipment requirements for ships that remain within sea area A1 at all times.
(a) In addition to meeting the requirements of § 80.1085, ships engaged on voyages exclusively in sea area A1 must be provided with a radio installation capable of initiating the transmission of ship-to-shore distress alerts from the position from which the ship is normally navigated, operating either:
(1) On VHF using DSC; or
(2) Through the polar orbiting satellite service on 406 MHz (this requirement may be fulfilled by the 406 MHz EPIRB, required by § 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or
(3) On MF using DSC if the ship is engaged on voyages within coverage of MF coast stations equipped with DSC; or
(4) On HF using DSC; or
(5) Through the INMARSAT geostationary satellite service if within INMARSAT coverage. This requirement may be fulfilled by an INMARSAT ship earth station capable of two way communication.
(b) The VHF radio installation, required by § 80.1085(a)(1), must also be capable of transmitting and receiving general radio-communications using radiotelephony.
This section contains the additional equipment requirements for ships that remain within sea areas A1 or A2 at all times. Ships fitting in accordance with this section satisfy the sea area A1 requirements denoted in § 80.1087.
(a) In addition to meeting the requirements of § 80.1085, ships engaged on voyages beyond sea area A1, but remaining within sea area A2, must be provided with:
(1) An MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
(i) 2187.5 kHz using DSC; and
(ii) 2182 kHz using radiotelephony;
(2) A radio installation capable of maintaining a continuous DSC watch on the frequency 2187.5 kHz which may be separate from or combined with, that required by paragraph (a)(1)(i) of this section; and
(3) Means of initiating the transmission of ship-to-shore distress alerts by a radio service other than MF operating either:
(i) Through the polar orbiting satellite service on 406 MHz (this requirement may be fulfilled by the 406 MHz EPIRB required by § 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or
(ii) On HF using DSC; or
(iii) Through the INMARSAT geostationary satellite service if within INMARSAT coverage; this requirement may be fulfilled by an INMARSAT ship earth station.
(b) It must be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (a)(1) and (a)(3) of this section from the position from which the ship is normally navigated.
(c) Ships subject to this section must be capable of transmitting and receiving general radio-communications using radiotelephony or direct-printing telegraphy by either:
(1) A radio installation operating on working frequencies in the bands between 1605-4000 kHz or between 4000-27500 kHz (this requirement may be fulfilled by the addition of this capability to the equipment required by paragraph (a)(1) of this section); or
(2) An INMARSAT ship earth station.
This section contains the additional equipment requirements for ships that remain within sea areas A1, A2, or A3
(a) In addition to meeting the requirements of § 80.1085, ships subject to this section must be provided with:
(1) An INMARSAT ship earth station capable of:
(i) Transmitting and receiving distress and safety communications using direct-printing telegraphy;
(ii) Initiating and receiving distress priority calls;
(iii) Maintaining watch for shore-to-ship distress alert, including those directed to specifically defined geographical areas;
(iv) Transmitting and receiving general radio-communications, using either radiotelephony or direct-printing telegraphy; and
(2) An MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
(i) 2187.5 kHz using DSC; and
(ii) 2182 kHz using radiotelephony; and
(3) A radio installation capable of maintaining a continuous DSC watch on the frequency 2187.5 kHz which may be separate from or combined with that required by paragraph (a)(2)(i) of this section; and
(4) Means of initiating the transmission of ship-to-shore distress alerts by a radio service operating either:
(i) Through the polar orbiting satellite service on 406 MHz (this requirement may be fulfilled by the 406 MHz EPIRB required by § 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or
(ii) On HF using DSC: or
(iii) Through the INMARSAT geostationary satellite service, by an additional ship earth station.
(b) In addition to meeting the requirements of § 80.1085, ships subject to this section must be provided with:
(1) An MF/HF radio installation capable of transmitting and receiving on all distress and safety frequencies in the bands between 1605-27500 kHz using DSC, radiotelephony, and narrow-band direct-printing telegraphy; and
(2) Equipment capable of maintaining DSC watch on 2187.5 kHz, 8414.5 kHz and on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz although it must be possible to select any of these DSC distress and safety frequencies at any time (this equipment may be separate from, or combined with, the equipment required by paragraph (b)(1) of this section); and
(3) Means of initiating the transmission of ship-to-shore distress alerts by a radio-communication service other than HF operating either:
(i) Through the polar orbiting satellite service on 406 MHz (this requirement may be fulfilled by the 406 MHz EPIRB required by § 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated; or
(ii) Through the INMARSAT geostationary satellite service (this requirement may be fulfilled by an INMARSAT ship earth station).
(4) In addition, ships must be capable of transmitting and receiving general radio-communications using radiotelephony or direct-printing telegraphy by an MF/HF radio installation operating on working frequencies in the bands between 1605-4000 kHz and between 4000-27500 kHz (this requirement may be fulfilled by the addition of this capability to the equipment required by paragraph (b)(1) of this section).
(c) It must be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (a)(1), (a)(2), (a)(4), (b)(1), and (b)(3) of this section from the position from which the ship is normally navigated.
This section contains the additional equipment requirements for ships that sail in all sea areas,
(a) In addition to meeting the requirements of § 80.1085, ships engaged on voyages in all sea areas must be provided with the radio installations and equipment required by § 80.1091(b), except that the equipment required by § 80.1091(b)(3)(ii) cannot be accepted as an alternative to that required by regulation § 80.1091(b)(3)(i), which must always be provided.
(b) Ships engaged on voyages in all sea areas also must comply with the requirements of § 80.1091(c).
(a) At least three two-way VHF radiotelephone apparatus must be provided on every passenger ship and on every cargo ship of 500 tons gross tonnage and upwards. At least two two-way VHF radiotelephone apparatus must be provided on every cargo ship of between 300-500 tons gross tonnage. Portable two-way VHF radiotelephones must be stowed in such locations that they can be rapidly placed in any survival craft other than liferafts required by Regulation III/26.1.4 of the SOLAS Convention. Alternatively, survival craft may be fitted with a fixed two-way VHF radiotelephone installation. Two-way VHF radiotelephone apparatus, portable or fixed, must conform to performance standards as specified in § 80.1101. Two-way VHF radiotelephone apparatus provided on board ships prior to February 1, 1992, and not complying fully with the performance standards specified in § 80.1101, may be used until February 1, 1999, provided it is compatible with approved two-way VHF radiotelephone apparatus.
(b) At least one radar transponder must be carried on each side of every passenger ship and every cargo ship of 500 tons gross tonnage and upwards. At least one radar transponder must be carried on every cargo ship of 300 tons gross tonnage and upwards but less than 500 tons gross tonnage. Such radar transponders must conform to performance standards as specified in § 80.1101. The radar transponders must be stowed in such locations that they can be rapidly placed in any survival craft other than liferafts required on cargo ships in forward and aft areas (see Regulation III/26.1.4 of the SOLAS Convention). Alternatively, one radar transponder must be stowed in each survival craft other than those required by Regulation III/26.1.4 of the SOLAS Convention. One of these radar transponders may be radar transponder required by § 80.1085(a)(3).
(c) Survival craft equipment must be tested at intervals not to exceed twelve months. For batteries used for survival craft equipment, the month and year of its manufacture must be permanently marked on the battery. Also, the month and year upon which 50 percent of its useful life will expire must be permanently marked on both the battery and the outside of the transmitter. Batteries must be replaced if 50 percent of their useful life has expired or if the transmitter has been used in an emergency situation.
(a) There must be available at all times, while the ship is at sea, a supply of electrical energy sufficient to operate the radio installations and to charge any batteries used as part of a reserve source of energy for the radio installations.
(b) A reserve source of energy to supply radio installations must be provided on every ship for the purpose of conducting distress and safety radio-communications, in the event of failure of the ship's main and emergency sources of electrical power. The reserve sources of energy must be capable of simultaneously operating the VHF radio installation required by § 80.1085(a)(1) and, as appropriate for the sea area or sea areas for which the ship is equipped, either the MF radio installation required by § 80.1089(a)(1), the MF/HF radio installation required by § 80.1091(a)(2)(i) or § 80.1093(a), or the INMARSAT ship earth station required by § 80.1091(a)(1) and any of the additional loads mentioned in paragraphs (d), (e) and (h) of this section for a period of at least:
(1) One hour, on ships constructed on or after February 1, 1995;
(2) One hour, on ships constructed before February 1, 1995, if the emergency source of electrical power complies
(3) Six hours, on ships constructed before February 1, 1995, and on cargo ships of less than 500 tons gross tonnage, if the emergency source of electrical power is not provided or does not comply fully with all relevant requirements of SOLAS, Chapter II-1, Regulation 42 or 43 (as amended).
(c) The reserve sources of energy need not supply independent HF and MF radio installations at the same time. The reserve sources of energy must be independent of the propelling power of the ship and the ship's electrical system.
(d) Where, in addition to the VHF radio installation, two or more of the other radio installations, referred to in paragraph (b) of this section, can be connected to the reserve sources of energy, they must be capable of simultaneously supplying, for one hour, as specified in paragraph (b) of this section, the VHF radio installation and;
(1) All other radio installations which can be connected to the reserve sources of energy at the same time; or
(2) Whichever of the other radio installations will consume the most power, if only one of the other radio installations can be connected to the reserve sources of energy at the same time as the VHF radio installation.
(e) The reserve sources of energy may be used to supply the electrical lighting required by § 80.1083(b)(4).
(f) Where a reserve source of energy consists of a rechargeable accumulator battery or batteries:
(1) A means of automatically charging such batteries must be provided which must be capable of recharging them to minimum capacity requirements within 10 hours; and
(2) The capacity of the battery or batteries must be checked, using an appropriate method, at intervals not exceeding 12 months. These checks must be performed when the vessel is not at sea.
(g) The accumulator batteries which provide a reserve source of energy must be installed to ensure: The highest degree of service, a reasonable lifetime, reasonable safety; that the battery temperatures remain within the manufacturer's specifications whether under charge or idle; and that when fully charged, the batteries will provide at least the minimum required hours of operation under all weather conditions.
(h) If an uninterrupted input of information from the ship's navigational or other equipment to a radio installation required by this subpart is needed to ensure its proper performance, means must be provided to ensure the continuous supply of such information in the event of failure of the ship's main or emergency source of electrical power.
(i) An uninterruptible power supply or other means of ensuring a continuous supply of electrical power, within equipment tolerances, shall be provided to all GMDSS equipment that could be affected by normal variations and interruptions of ship's power.
(a) The abbreviations used in this section are as follows:
(1) International Maritime Organization (IMO).
(2) International Telegraph and Telephone Consultative Committee (CCITT).
(3) International Electrotechnical Commission (IEC).
(4) International Organization for Standardization (ISO).
(5) International Radio Consultative Committee (CCIR).
(b) All equipment specified in this subpart must meet the general requirements for shipboard equipment listed in this paragraph, which are incorporated by reference.
(1) IMO Resolution A.694(17), “General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids,” adopted 6 November 1991.
(2) CCITT Recommendation E.161, “Arrangement of Figures, Letters and Symbols on Telephones and Other Devices that Can Be Used for Gaining Access to a Telephone Network,” 1989.
(3) CCITT Recommendation Q.11, “Numbering Plan for the International Telephone Service,” 1989.
(4) IEC Publication 92-101, “Electrical Installations in Ships,” Third Edition 1980 with amendments through 1984.
(5) IEC Publication 533, “Electromagnetic Compatibility of Electrical and Electronic Installations in Ships,” First Edition 1977.
(6) IEC Publication 945, “Marine Navigational Equipment,” First Edition 1988.
(7) ISO Standard 3791, “Office Machines and Data Processing Equipment—Keyboard Layouts for Numeric Applications,” First Edition 1976(E).
(c) The equipment specified in this subpart must also conform to the appropriate performance standards listed below which are incorporated by reference.
(1)
(ii) CCIR Recommendation 540-2, “Operational and Technical Characteristics for an Automated Direct-printing Telegraph System for Promulgation of Navigational and Meteorological Warnings and Urgent Information to Ships,” 1990.
(2)
(ii) CCIR Recommendation 493-4, “Digital Selective-calling System for use in the Maritime Mobile Service,” 1990.
(3)
(ii) CCIR Recommendation 493-4, “Digital Selective-calling System for use in the Maritime Mobile Service,” 1990.
(4)
(ii) CCIR Recommendations 493-4, “Digital Selective-calling System for use in the Maritime Mobile Service,” 1990.
(iii) CCIR Recommendation 625-1, “Direct-printing Telegraph Equipment Employing Automatic Identification in the Maritime Mobile Service,” 1990. Equipment may conform to CCIR Recommendation 476-4, “Direct-Printing Telegraph Equipment in the Maritime Mobile Service,” 1986, in lieu of CCIR Recommendation 625-1, where such equipment was installed on ships prior to February 1, 1993.
(iv) IMO Resolution A.700(17), “Performance Standards for Narrow-band Direct-printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships (MSI) by HF,” adopted 6 November 1991.
(5)
(ii) IMO Resolution A.662(16), “Performance Standards for Float-free Release and Activation Arrangements for Emergency Radio Equipment,” adopted 19 October 1989.
(iii) OCIR Recommendation 633-1, “Transmission Characteristics of a Satellite Emergency Position-indicating Radiobeacon (Satellite EPIRB) System Operating Through a Low Polar-orbiting Satellite System in the 406 MHz Band,” 1990.
(iv) The 406 MHz EPIRBs must also comply with § 80.1061.
(6)
(ii) CCIR Recommendation 628-1, Technical Characteristics for Search and Rescue Radar Transponders,” 1990.
(7)
(8)
(9) INMARSAT-C SES: IMO Resolution A.663(16), “Performance Standards for INMARSAT Standard-C Ship Earth Stations Capable of Transmitting and Receiving Direct-printing Communications,” adopted 19 October 1989.
(10)
(d) The above-referenced documents have been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Identification data and place to purchase for each of the above-reference documents are listed as follows:
(1) Copies of IMO Resolutions, the 1974 SOLAS Convention, and the 1983 and 1988 amendments to the 1974 SOLAS Convention can be purchased from Publications, International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom.
(i) IMO resolution A.525(13) is contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 13th Session, 1983, (IMO, London, 1984), Sales Number 073 84.07.E.
(ii) IMO Resolutions A.604(15), A.605(15), A.610(15), A.611(15) and A.613(15) are contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 15th Session, 1987, (IMO, London, 1988), Sales Number 130 88.03.E.
(iii) IMO Resolutions A.662(16), A.663(16) and A.664(16) are contained in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 16th Session, 1989, (IMO, London, 1990), Sales Number 136 90.04.E
(iv) IMO Resolutions A.694(17), A.698(17), and A.700(17) can be ordered from IMO by requesting “A.694, A.698, or A.700(17) from the seventeenth session.” IMO Resolutions A.694(17), A.698(17), and A.700(17) will be published in the Resolutions and Other Decisions of the Assembly of the International Maritime Organization, 17th Session, 1991.
(2) CCIR Recommendations, ITU Radio Regulations, and CCITT publications can be purchased from the International Telecommunications Union (ITU), Place des Nations, CH-1211 Geneva 20, Switzerland.
(i) All CCIR Recommendations referenced in this section are contained in Recommendations of the CCIR, 1990, Volume VIII, (ITU, Geneva, 1990), 92-61-0424104.
(ii) CCITT Recommendation E.161 is contained in CCITT Volume II—Telephone and Network ISDN—Operation, Numbering, Routing and Mobile Service, (ITU, Geneva, 1989), ISBN 92-61-03261-3.
(iii) CCITT Recommendation Q.11 is contained in CCITT Blue Book Volume VI, General Recommendation on Telephone Switching and Signalling, (ITU, Geneva, 1989), ISBN 92-61-03451-9.
(3) IEC Publications can be purchased from the International Electrotechnical Commission, 3 Rue de Varembe, CH-1211 Geneva 20, Switzerland, or from the American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900.
(4) ISO Standards can be purchased from the International Organization for Standardization, 1 Rue de Varembe, CH-1211 Geneva 20, Switzerland, or from the American National Standards Institute (ANSI), 11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900.
(5) Copies of the publications listed in this section that are incorporated by reference may be inspected at the Federal Communications Commission, 1919 M Street, NW., Dockets Branch (room 239), Washington, DC or at the Office of the Federal Register, 800 North Capital Street, NW., suite 700, Washington, DC.
(a) All equipment specified § 80.1101 must be certificated in accordance with 47 CFR part 2 specifically for GMDSS use, except for equipment used in the INMARSAT space segment which must be type-approved by INMARSAT and verified in accordance with 47 CFR part 2 specifically for GMDSS use. The technical parameters of the equipment must conform to the performance standards as specified in § 80.1101. For emergency position-indicating radiobeacons operating on 406
(b) Applicants for certification must submit with their applications measurement data sufficiently complete to ensure compliance with the technical parameters. The application must include the items listed in 47 CFR 2.983. Additional measurement data or information may be requested depending upon the equipment. For items not listed in § 2.983 of this chapter, the applicant must attest that the equipment complies with performance standards as specified in § 80.1101 and, where applicable, that measurements have been made that demonstrate the necessary compliance. Submission of representative data demonstrating compliance is not required unless requested by the Commission.
(c) Applicants for verification must attest that the equipment complies with performance standards as specified in § 80.1101 and, where applicable, that measurements have been made that demonstrate the necessary compliance. Submission of representative data demonstrating compliance is not required unless requested by the Commission. An application must include the items listed in § 2.975 of this chapter and a copy of the INMARSAT type approval certification indicating that equipment meets GMDSS standards and includes all peripheral equipment associated with the specific unit under review.
(d) Submission of a sample unit is not required unless specifically requested by the Commission.
(e) In addition to the requirements in part 2 of this chapter, equipment specified in § 80.1101 shall be labelled as follows: “This device complies with the GMDSS provisions of part 80 of the FCC Rules.” Such a label is not required for emergency position-indicating radiobeacons operating on 406 MHz (406 MHz EPIRBs) that were authorized prior to April 15, 1992.
(a) Equipment must be so designed that the main units can be replaced readily, without elaborate recalibration or readjustment. Where applicable, equipment must be constructed and installed so that it is readily accessible for inspection and on-board maintenance purposes. Adequate information must be provided to enable the equipment to be properly operated and maintained (see IMO Resolution A.569(14)).
(b) Radio equipment required by this subpart must be maintained to provide the availability of the functional requirements specified in § 80.1081 and to meet the performance standards specified in § 80.1101.
(c) On ships engaged on voyages in sea areas A1 and A2, the availability must be ensured by duplication of equipment, shore-based maintenance, or at-sea electronic maintenance capability, or a combination of these.
(d) On ships engaged on voyages in sea areas A3 and A4, the availability must be ensured by using a combination of at least two of the following methods: duplication of equipment, shore-based maintenance, or at-sea electronic maintenance capability.
(e) Irrespective of the maintenance methods used, a ship must not depart from any port unless and until the ship is capable of performing all distress and safety functions as specified in § 80.1081.
(f) Irrespective of the maintenance methods used, all manufacturers’ instruction manuals and maintenance manuals for each piece of equipment required and installed must be available on-board ship. Adequate tools, spare parts, and test equipment appropriate to the methods used by the ship as recommended by the manufacturer should be provided. The manuals, tools, spare parts, and test equipment, as applicable, should be readily accessible.
(g) If the duplication of equipment maintenance method is used, the following radio installations, in addition to other equipment requirements specified in this subpart, must be available on-board ships for their sea areas as applicable. Equipment carried in accordance with this paragraph must comply with §§ 80.1101 and 80.1103. Additionally, each radio installation must be connected to a separate antenna and be installed and be ready for immediate operation.
(1) Ships, equipped in accordance with § 80.1087 for sea area A1, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1).
(2) Ships, equipped in accordance with § 80.1089 for sea areas A1 and A2, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1) and an MF radio installation complying with the requirements of § 80.1089(a)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2). The MF radio installation installed for duplication must also comply with the requirements § 80.1089(c).
(3) Ships, equipped in accordance with § 80.1091 for sea areas A1, A2, and A3, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1) and either an MF/HF radio installation complying with the requirements of § 80.1091(b)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2) or an INMARSAT ship earth station complying with the requirements of § 80.1091(a)(1). The MF/HF radio installation or the INMARSAT ship earth station installed for duplication must also comply with the requirements § 80.1091(c).
(4) Ships, equipped in accordance with § 80.1093 for sea areas A1, A2, A3, and A4, must carry a VHF radio installation complying with the requirement of § 80.1085(a)(1) and an MF/HF radio installation complying with the requirements of § 80.1091(b)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2). The MF/HF radio installation installed for duplication must also comply with the requirements § 80.1091(c).
(h) The radio installations specified in paragraph (g) of this section (referred as “duplicated equipment”), in addition to the appropriate radio equipment specified in § 80.1099 (referred as “basic equipment”), must be connected to the reserve sources of energy required by § 80.1099. The capacity of the reserve sources of energy should be sufficient to operate the particular installation (
(i) If the shore-based maintenance method is used, the following requirements apply.
(1) Maintenance services must be completed and performance verified and noted in the ship's record before departure from the first port of call entered after any failure occurs.
(2) Each GMDSS equipment must be tested and performance verified and the results noted in the ship's record before departure from every port. To accomplish this, each ship shall carry a performance checkoff sheet listing each GMDSS equipment carried on a mandatory basis.
(j) If the at-sea maintenance method is used, the following requirements apply.
(1) Adequate additional technical documentation, tools, test equipment, and spare parts must be carried on-board ship to enable a qualified maintainer as specified in § 80.1074 to perform tests and localize and repair faults in the radio equipment.
(2) Only persons that comply with the requirements of § 80.1074 may perform at-sea maintenance on radio installations required by this subpart.
(a) Distress traffic consists of all messages relating to the immediate assistance required by the ship in distress, including search and rescue communications and on-scene communications. Distress traffic must as far as possible be on the frequencies contained in § 80.1077.
(b) Urgency and safety communications include: navigational and meteorological warnings and urgent information; ship-to-ship safety navigation communications; ship reporting communications; support communications for search and rescue operations; other urgency and safety messages and communications relating to the navigation, movements and needs of ships and weather observation messages destined for an official meteorological service.
(c) Intership navigation safety communications are those VHF radiotelephone communications conducted between ships for the purpose of contributing to the safe movement of ships. The frequency 156.650 MHz is used for intership navigation safety communications (see § 80.1077).
(a) The transmission of a distress alert indicates that a mobile unit or person is in distress and requires immediate assistance. The distress alert is a digital selective call using a distress call format in bands used for terrestrial radio-communication or a distress message format, which is relayed through space stations.
(b) The distress alert must be sent through a satellite either with absolute priority in general communication channels or on exclusive distress and safety frequencies or, alternatively, on the distress and safety frequencies in the MF, HF, and VHF bands using digital selective calling.
(c) The distress alert must be sent only on the authority of the person responsible for the ship, aircraft or other vehicle carrying the mobile station or the mobile earth station.
(d) All stations which receive a distress alert transmitted by digital selective calling must immediately cease any transmission capable of interfering with distress traffic and must continue watch until the call has been acknowledged.
(a) The distress alert must identify the station in distress and its position. The distress alert may also contain information regarding the nature of the distress, the type of assistance required, the course and speed of the mobile unit, the time that this information was recorded and any other information which might facilitate rescue.
(b) The format of distress calls and distress messages must be in accordance with CCIR Recommendation 493 as specified in § 80.1101.
(c) Ship-to-shore distress alerts are used to alert Rescue Coordination Centers via coast stations or coast earth stations that a ship is in distress. These alerts are based on the use of transmissions via satellites (from a ship earth station or a satellite EPIRB) and terrestrial services (from ship stations and EPIRBs).
(d) Ship-to-ship distress alerts are used to alert other ships in the vicinity of the ship in distress and are based on the use of digital selective calling in the VHF, MF, and HF bands.
(e) Shore-to-ship distress alert relays are used by a station or Rescue Coordination Center to relay information about a ship in distress to, as appropriate, all ships, a selected group of ships, or a specific ship by satellite and/or terrestrial means. The distress alert relay must contain the identification of the mobile unit in distress, its position and all other information which might facilitate rescue.
(a) A station in the mobile or mobile-satellite service which learns that a mobile unit is in distress must initiate and transmit a distress alert relay in any of the following cases:
(1) When the mobile unit in distress is not itself in a position to transmit the distress alert; or
(2) When the master or person responsible for the mobile unit not in distress or the person responsible for the land station determines that further help is necessary.
(b) A station transmitting a distress alert relay in accordance with paragraph (a) of this section or § 80.1121(c) must indicate that it is not itself in distress.
(a) Acknowledgement by digital selective calling of receipt of a distress alert in the terrestrial services must comply with CCIR Recommendation 541, which is incorporated by reference.
(b) Acknowledgement through a satellite of receipt of a distress alert from a ship earth station must be sent immediately (see § 80.1119).
(c) Acknowledgement by radiotelephony of receipt of a distress alert from a ship station or a ship earth station must be given in the following form:
(1) The distress signal MAYDAY;
(2) The call sign or other identification of the station sending the distress message, spoken three times;
(3) The words THIS IS (or DE spoken as DELTA ECHO in case of language difficulties);
(4) The call sign or other identification of the station acknowledging receipt, spoken three times;
(5) The word RECEIVED (or RRR spoken as ROMEO ROMEO ROMEO in case of language difficulties);
(6) The distress signal MAYDAY.
(d) The acknowledgement by direct-printing telegraphy of receipt of a distress alert from a ship station must be given in the following form:
(1) The distress signal MAYDAY;
(2) The call sign or other identification of the station sending the distress alert;
(3) The word DE;
(4) The call sign or other identification of the station acknowledging receipt of the distress alert;
(5) The signal RRR;
(6) The distress signal MAYDAY.
(e) The acknowledgement by direct-printing telegraphy of receipt of a distress alert from a ship earth station must be given by the coast earth station receiving the distress alert by retransmitting the ship station identity of the ship transmitting the distress alert.
(a) Coast stations that receive a distress alert should defer acknowledgement for a short interval so that receipt may be acknowledged by a Rescue Coordination Center. Where an acknowledgement is not forthcoming within 3 minutes, the coast station in receipt of distress alerts must ensure that they are routed to a Rescue Coordination Center as soon as possible. Coast stations must provide assistance for distress communications when requested to do so by the U.S. Coast Guard. (This subpart does not specify any radio watches for coast stations.)
(b) Coast earth stations in receipt of distress alerts must ensure that they are routed as soon as possible to a Rescue Coordination Center. Coast earth stations must relay, as soon as possible, an acknowledgement of a distress alert from a Rescue Coordination Center.
(c) Certain messages must be carried without charge, regardless of the means by which they are transmitted:
(1) Distress alert messages;
(2) Search and rescue coordination messages;
(3) Medical assistance messages where an imminent danger to life is present, or
(4) Urgent meteorological or navigational danger messages passed in the ship-to-shore direction.
(a) Ship or ship earth stations that receive a distress alert must, as soon as possible, inform the master or person responsible for the ship of the contents of the distress alert.
(b) In areas where reliable communications with one or more coast stations are practicable, ship stations in receipt of a distress alert should defer acknowledgement for a short interval so that receipt may be acknowledged by a coast station.
(c) Ship stations operating in areas where reliable communications with a coast station are not practicable that receive a distress alert from a ship station which is, beyond doubt, in their vicinity, must, as soon as possible and if appropriately equipped, acknowledge receipt and inform a Rescue Coordination Center through a coast station or coast earth station (see § 80.1115(a)(2)). However, a ship station receiving an HF distress alert must not acknowledge it but must observe the requirements of § 80.1123, and must, if the alert is not acknowledged by a coast station within 3 minutes, relay the distress alert.
(d) A ship station acknowledging receipt of a distress alert in accordance with paragraphs (b) or (c) of this section should:
(1) Acknowledge receipt of the alert by using radiotelephony on the distress and safety traffic frequency in the band used for the alert;
(2) If acknowledgement by radiotelephony of the distress alert received on the MF or VHF distress alerting frequency is unsuccessful, acknowledge receipt of the distress alert by responding with a digital selective call on the appropriate frequency.
(e) A ship station in receipt of a shore-to-ship distress alert relay (see § 80.1113(e)) should establish communication as directed and render such assistance as required and appropriate.
(a) While at sea, all ships must maintain a continuous watch:
(1) On VHF DSC channel 70, if the ship is fitted with a VHF radio installation in accordance with § 80.1085(a)(2);
(2) On the distress and safety DSC frequency 2187.5 kHz, if the ship is fitted with an MF radio installation in accordance with §§ 80.1089(a)(2) or 80.1091(a)(3);
(3) On the distress and safety DSC frequencies 2187.5 kHz and 8414.5 kHz also on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz appropriate to the time of day and the geographical position of the ship, if the ship is fitted with an MF/HF radio installation in accordance with §§ 80.1091(a)(2)(ii) or 80.1093(a) of this part (this watch may be kept by means of a scanning receiver limited to six distress and safety DSC frequencies); and
(4) For satellite shore-to-ship distress alert, if the ship is fitted with an INMARSAT ship earth station in accordance with § 80.1091(a)(1).
(b) While at sea, all ships must maintain radio watches for broadcasts of maritime safety information on the appropriate frequency or frequencies on which such information is broadcast for the area in which the ship is navigating.
(c) Until February 1, 1999, every ship while at sea must maintain, when practicable, a continuous listening watch on VHF Channel 16. This watch must be kept at the position from which the ship is normally navigated or at a position which is continuously manned.
(d) Until February 1, 1999, every ship required to carry a radiotelephone watch receiver must maintain, while at sea, a continuous watch on the radiotelephone distress frequency 2182 kHz. This watch must be kept at the position from which the ship is normally navigated or at a position which is continuously manned.
(e) On receipt of a distress alert transmitted by use of digital selective calling techniques, ship stations must set watch on the radiotelephone distress and safety traffic frequency associated with the distress and safety calling frequency on which the distress alert was received.
(f) Ship stations with narrow-band direct printing equipment must set watch on the narrow-band direct-printing frequency associated with the distress alert signal if it indicates that narrow-band direct-printing is to be used for subsequent distress communications. If practicable, they should additionally set watch on the radiotelephone frequency associated with the distress alert frequency.
(a) The distress signal consists of the word MAYDAY, pronounced in radiotelephony as the French expression “M'aider”. For distress traffic by radiotelephony, when establishing
(b) Error correction techniques, in accordance with CCIR Recommendation 625 as specified in § 80.1101, must be used for distress traffic by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal and the distress signal MAYDAY.
(c) Distress communications by direct-printing telegraphy should be in the ARQ mode when ships are communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so.
(d) The Rescue Coordination Center responsible for controlling a search and rescue operation will also coordinate the distress traffic relating to the incident or may appoint another station to do so.
(e) The Rescue Coordination Center coordinating distress traffic, the unit coordinating search and rescue operations, or the coast station involved may impose silence on stations which interfere with that traffic. This instruction may be addressed to all stations or to one station only, according to circumstances. In either case, the following will be used:
(1) In radiotelephony, the signal SEELONCE MAYDAY, pronounced as the French expression “silence, m'aider”;
(2) In narrow-band direct-printing telegraphy normally using forward-error correcting mode, the signal SILENCE MAYDAY. However, the ARQ mode may be used when it is advantageous to do so.
(f) Until they receive the message indicating that normal working may be resumed (see paragraph (h) of this section), all stations which are aware of the distress traffic, and which are not taking part in it, and which are not in distress, are forbidden to transmit on the frequencies in which the distress traffic is taking place.
(g) Stations following distress traffic that are able to continue normal service may do so when the distress traffic is well established and on condition that it observes the provisions of paragraph (f) of this section and that it does not interfere with distress traffic.
(h) When distress traffic has ceased on frequencies which have been used for distress traffic, the Rescue Coordination Center controlling a search and rescue operation must initiate a message for transmission on these frequencies indicating that distress traffic has finished.
(i) In radiotelephony, the message referred to in paragraph (h) of this section consists of:
(1) The distress signal MAYDAY;
(2) The call “Hello all stations” or CQ (spoken as CHARLIE QUEBEC) spoken three times;
(3) The words THIS IS (or DE spoken as DELTA ECHO in the case of language difficulties);
(4) The call sign or other identification of the station sending the message;
(5) The time when the distress situation has ceased;
(6) The name and call sign of the mobile station which was in distress;
(7) The words SEELONCE FEENEE pronounced as the French words “silence fini”
(j) In direct-printing telegraphy, the message referred to in paragraph (h) of this section consists of:
(1) The distress signal MAYDAY;
(2) The call CQ;
(3) The word DE;
(4) The call sign or other identification of the station sending the message;
(5) The time when distress situation has ceased;
(6) The name and call sign of the mobil station which was in distress; and
(7) The words SILENCE FINI.
(a) On-scene communications are those between mobile unit in distress and assisting mobile units, and between the mobile units and unit coordinating search and rescue operations.
(b) Control of on-scene communications is the responsibility of the unit
(c) The preferred frequencies in radiotelephony for on-scene communications are 156.8 MHz and 2182 kHz. The frequency 2174.5 kHz may also be used for ship-to-ship on-scene communications using narrow-band direct-printing telegraphy in the forward error correcting mode in accordance with CCIR Recommendation 625 as specified in § 80.1101.
(d) In addition to 156.8 MHz and 2182 kHz, the frequencies 3023 kHz, 4125 kHz, 5680 kHz, 123.1 MHz and 156.3 MHz may be used for ship-to-aircraft on-scene communications.
(e) The selection or designation of on-scene frequencies is the responsibility of the unit coordinating search and rescue operations. Normally, once an on-scene frequency is established, a continuous aural or teleprinter watch is maintained by all participating on-scene mobile units on the selected frequency.
(a) Locating signals are radio transmissions intended to facilitate the finding of a mobile unit in distress or the location of survivors. These signals include those transmitted by searching units and those transmitted by the mobile unit in distress, by survival craft, by float-free EPIRBS, by satellite EPRIBs, and by search and rescue radar transponders to assist the searching units.
(b) Homing singnals are those locating signals which are transmitted by mobile units in distress, or by survival craft, for the purpose of providing searching units with a signal that can be used to determine the bearing to the transmitting stations.
(c) Locating signals may be transmitted in the following frequency bands: 117.975-136 MHz, 121.5 MHz, 156-174 MHz, 406-406.1 MHz, and 9200-9500 MHz.
(d) The 9 GHz locating signals must be in accordance with CCIR Recommendation 628 as specified in § 80.1101.
(a) In a terrestrial system the announcement of the urgency message must be made on one or more of the distress and safety calling frequencies specified in § 80.1077 using digital selective calling and the urgency call format. A separate announcement need not be made if the urgency message is to be transmitted through the maritime mobile-satellite service.
(b) The urgency signal and message must be transmitted on one or more of the distress and safety traffic frequencies specified in § 80.1077, or via the maritime mobile-satellite service or on other frequencies used for this purpose.
(c) The urgency signal consists of the words PAN PAN. In radiotelephony each word of the group must be pronounced as the French word “panne”.
(d) The urgency call format and the urgency signal indicate that the calling station has a very urgent message to transmit concerning the safety of a mobile unit or a person.
(e) In radiotelephony, the urgency message must be preceded by the urgency signal, repeated three times, and the identification of the transmitting station.
(f) In narrow-band direct-printing, the urgency message must be preceded by the urgency signal and the identification of the transmitting station.
(g) The urgency call format or urgency signal must be sent only on the authority of the master or the person responsible for the mobile unit carrying the mobile station or mobile earth station.
(h) The urgency call format or the urgency signal may be transmitted by a land station or a coast earth station with the approval of the responsible authority.
(i) When an urgency message which calls for action by the stations receiving the message has been transmitted, the station responsible for its transmission must cancel it as soon as it knows that action is no longer necessary.
(j) Error correction techniques, in accordance with CCIR Recommendation 625 as specified in § 80.1101, must be used for urgency messages by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal and the urgency signal PAN PAN.
(k) Urgency communications by direct-printing telegraphy should be in the ARQ mode when communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so.
(a) In a terrestrial system the announcement of the safety message must be made on one or more of the distress and safety calling frequencies specified in § 80.1077 using digital selective calling techniques. A separate announcement need not be made if the message is to be transmitted through the maritime mobile-satellite service.
(b) The safety signal and message must normally be transmitted on one or more of the distress and safety traffic frequencies specified in § 80.1077, or via the maritime mobile satellite service or on other frequencies used for this purpose.
(c) The safety signal consists of the word SECURITE. In radiotelephony, it is pronounced as in French.
(d) The safety call format or the safety signal indicates that the calling station has an important navigational or meteorological warning to transmit.
(e) In radiotelephony, the safety message must be preceded by the safety signal, repeated three times, and the identification of the transmitting station.
(f) In narrow-band direct-printing, the safety message must be preceded by the safety signal and the identification of the transmitting station.
(g) Error correction techniques, in accordance with CCIR Recommendation 625 as specified in § 80.1101, must be used for safety messages by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal and the safetysignal SECURITE.
(h) Safety communications by direct-printing telegraphy should be in the ARQ mode when communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so.
(a) The operational details of the stations transmitting maritime safety information in accordance with this section are indicated in the ITU List of Radiodetermination and Special Service Stations and the IMO Master Plan of Shore-Based Facilities.
(b) The mode and format of the transmissions mentioned in this section is in accordance with the CCIR Recommendation 540 as specified in § 80.1101.
(c) Maritime safety information is transmitted by means of narrow-band direct-printing telegraphy with forward error correction using the frequency 518 kHz in accordance with the international NAVTEX system (see § 80.1077).
(d) The frequency 490 kHz may be used, after full implementation of the GMDSS, for the transmission of maritime safety information by means of narrow-band direct-printing telegraphy with forward error correction (see § 80.1077).
(e) Internationally, the frequency 4209.5 kHz is used for NAVTEX-type transmissions by means of narrow-band direct-printing telegraphy with forward error correction (see § 80.1077).
(f) Maritime safety information is transmitted by means of narrow-band direct-printing telegraphy with forward error correction using the frequencies 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 19680.5, 22376 kHz, and 26100.5 kHz (see § 80.1077).
(g) Maritime safety information is transmitted via satellite in the maritime mobile-satellite service using the band 1530-1545 MHz (see § 80.1077).
Voluntary ships must meet the rules applicable to the particular mode of operation as contained in the following subparts of this part and as modified by § 80.1153:
(a) Licensees of voluntary ships are not required to operate the ship radio station or to maintain radio station logs.
(b) When a ship radio station of a voluntary ship is being operated, appropriate general purpose watches must be maintained in accordance with §§ 80.146, 80.147 and 80.148.
Radioprinter operations provide record communications between authorized maritime mobile stations.
(a)
(b)
(2) Ships authorized to communicate by radioprinter with a common private coast station may also conduct intership radioprinter operations.
(3) Only those communications which are associated with the business and operational needs of the ship are authorized.
(c)
(2) Ship stations must conduct radioprinter operations only on frequencies assigned to their associated private coast station for that purpose.
(d)
(1) The associated private coast station must submit an application for specific radioprinter frequencies and provide the names of ships to be served.
(2) When the private coast station receives a radioprinter license, it must provide copies of their license to all ships with which they are authorized to conduct radioprinter operations. The private coast station license copy must be kept as part of the ship station license.
(3) Any addition or deletion of ships must be notified to the Commission by letter.
Facsimile is a form of telegraphy for the transmission and receipt of fixed images. Ships must use facsimile techniques only with authorized public coast stations.
NB-DP is a form of telegraphy for the transmission and receipt of direct printing public correspondence. Ships must use NB-DP techniques only with authorized public coast stations.
EPIRB transmissions must be used only under emergency conditions. The various classes of EPIRB's are described in subpart V of this part.
Frequencies for general radiotelephone purposes are available to ships in three radio frequency bands. Use of specific frequencies must meet the Commission's rules concerning the scope of service and the class of station with which communications are intended. The three frequency bands are:
(a)
(b)
(c)
(a) The frequencies assignable to AMTS stations are listed in § 80.385(a). These frequencies are assignable to ship and coast stations for voice, facsimile and radioteletypewriter communications.
(b) [Reserved]
(a) On-board stations communicate:
(1) With other units of the same station for operational communications on the ship.
(2) With on-board stations of another ship or shore facility to aid in oil pollution prevention during the transfer of 250 or more barrels of oil.
(3) With other units of the same station in the immediate vicinity of the ship for operational communications related to docking, life boat and emergency drills or in the maneuvering of cargo barges and lighters.
(b) An on-board station may communicate with a station in the Business Radio Service operating on the same frequency when the vessel on which the on-board station is installed is alongside the dock or cargo handling facility.
On-board frequencies are assignable only to ship stations. When an on-board repeater is used, paired frequencies must be used. On-board repeater frequencies must be used for single frequency simplex operations. On-board frequencies are listed in subpart H.
When an on-board repeater is used, the following limitations must be met:
(a) The on-board repeater antenna must be located no higher than 3 meters (10 feet) above the vessel's highest working deck.
(b) Each on-board repeater must have a timer that deactivates the transmitter if the carrier remains on for more than 3 minutes.
(a) On-board stations must identify when:
(1) The vessel is within 32 km (20 miles) of any coastline; or
(2) The communications are likely to be received aboard another vessel.
(b) Identification, when required, must be:
(1) Transmitted at the beginning and the end of a series of communications. Whenever communications are sustained for a period exceeding 15 minutes, station identification must be transmitted at intervals not exceeding 15 minutes.
(2) In English and must include the name of the vessel, followed by a number or name designating the respective mobile unit, for example: “S.S. United States Mobile One, this is Mobile Two.”
(a) An on-board station may be used for remote control of maneuvering or navigation control systems aboard the same ship or, where that ship is towing a second ship, aboard the towed ship.
(b) The remote control system transmissions must contain a synchronization signal and a message signal composed of a documentation number group, a company control group, an actuation instruction group, and a termination of transmission group.
(1) The synchronization signal must be the control character “SYN”, transmitted twice.
(2) The message signal is composed of the following groups:
(i) The documentation number group must be transmitted once and be the ship's U.S. Coast Guard documentation number or, if the ship is not documented, the call sign of the on-board station.
(ii) The company control group, composed of three letters taken from AAA through ZZZ, which must be transmitted one time.
(iiii) The actuation instruction group, composed of two letters taken from AA through ZZ, which must be transmitted one time.
(iv) The termination of transmission group, composed of the control character “EM”, which must be transmitted twice.
(c) The receiving system must:
(1) Reject any actuation instruction until it recognizes and accepts the company control group.
(2) Reject any company control group until it recognizes and accepts the documentation number group.
(d) The emission employed must be G2D. The provisions applicable to G3E emission are also applicable to G2D emission.
(e) The binary information must be applied to the carrier as frequency-shift keying (FSK) of the standard tones 1070 and 1270 Hz. “0” (low) must correspond to 1070 Hz and “1” (high) must correspond to 1270 Hz. The signalling rate must be 300 bits per second.
(f) The alphabet employed must be the United States of America Standard Code for Information Interchange (USASCII), contained in the United States of America Standards Institute publication USAS X3.4-1968.
(1) The bit sequence must be least significant bit first to most significant bit (bit 1 through 7), consecutively.
(2) The character structure must consist of 8 bits (seven bits plus one character parity bit) having equal time intervals.
(3) “Odd” parity is required.
Stations in the maritime mobile-satellite service must meet the eligibility requirements contained in this section.
(a) A station license for a ship earth station may be issued to:
(1) The owner or operator of a ship.
(2) A corporation proposing to furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary, where the party to be served is the owner or operator of the ship aboard which the ship earth station is to be installed and operated.
(b) A station license for a portable ship earth station may be issued to the owner or operator of portable earth station equipment proposing to furnish satellite communication services on board more than one ship or fixed offshore platform located in the marine environment.
Ship earth stations must be used for telecommunications related to the business or operation of ships and for public correspondence of persons on board. Portable ship earth stations are authorized to meet the business, operational and public correspondence telecommunication needs of fixed offshore platforms located in the marine environment as well as ships. The types of emission are determined by the INMARSAT organization.
(a) Portable ship earth stations are authorized to operate on board more
(b) Portable ship earth stations must meet the rule requirements of ship earth stations with the exeception of eligibility.
(c) Where the license of the portable ship earth station is not the owner of the ship or fixed platform on which the station is located, the station must be operated with the permission of the owner or operator of the ship or fixed platform.
(a) A ship station may be authorized to use radio channels in the 285-315 kHz band in Region 1 and 285-325 kHz in any other region for cable repair radiodetermination purposes under the following conditions:
(1) The radio transmitting equipment attached to the cable-marker buoy associated with the ship station must be described in the station application;
(2) The call sign used for the transmitter operating under the provisions of this section is the call sign of the ship station followed by the letters “BT” and the identifying number of the buoy.
(3) The buoy transmitter must be continuously monitored by a licensed radiotelegraph operator on board the cable repair ship station; and
(4) The transmitter must operate under the provisions in § 80.375(b).
Mutually exclusive initial applications for VPCSA licenses, high seas public coast station licenses, and AMTS coast station licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part.
(a) This section addresses certain issues concerning designated entities in maritime communications services subject to competitive bidding. Issues that are not addressed in this section are governed by the designated entity provisions in part 1, subpart Q of this chapter.
(b)
(2) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years.
(3) For purposes of determining whether an entity meets either of the definitions set forth in paragraph (b)(1) or (b)(2) of this section, the gross revenues of the entity, its affiliates, and controlling interests shall be considered on a cumulative basis and aggregated.
(4) Where an applicant or licensee cannot identify controlling interests under the standards set forth in this section, the gross revenues of all interest holders in the applicant, and their affiliates, will be attributable.
(5) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section (or each of which individually satisfies the definition in paragraph (b)(2) of this section). Where an applicant or licensee is a consortium of small businesses (or very small businesses), the gross revenues of each small business (or very small business) shall not be aggregated.
(c)
(i) The entity constitutes or appoints more than 50 percent of the board of directors or management committee;
(ii) The entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and
(iii) The entity plays an integral role in management decisions.
(2)
(ii) Partnership and other ownership interests and any stock interest equity, or outstanding stock, or outstanding voting stock shall be attributed as specified in paragraphs (c)(2)(iii) through (c)(2)(ix) of this section.
(iii) Stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and, to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust.
(iv) Non-voting stock shall be attributed as an interest in the issuing entity.
(v) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses.
(vi) Officers and directors of an entity shall be considered to have an attributable interest in the entity. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee or applicant.
(vii) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest.
(viii) Any person who manages the operations of an applicant or licensee pursuant to a management agreement shall be considered to have an attributable interest in such applicant or licensee if such person, or its affiliate pursuant to § 1.2110(b)(4) of this chapter, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence:
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(ix) Any licensee or its affiliate who enters into a joint marketing arrangement with an applicant or licensee, or its affiliate, shall be considered to have an attributable interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence,
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(d) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 80.1252(b)(1) or § 80.1252(b)(5) of this subpart may use the bidding credit specified in § 1.2110(e)(2)(ii) of this chapter. A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in
48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
This section contains the statutory basis and provides the purpose for which this part is issued.
(a)
(1) Communications Act of 1934, as amended—(Communications Act).
(2) International Telecommunication Union Radio Regulations, in force for the United States—(Radio Regulations).
(3) The Convention on International Civil Aviation—(ICAO Convention).
(b)
Other applicable CFR title 47 parts include:
(a) Part 0 contains the Commission's organizations and delegations of authority. Part 0 also lists Commission publications, standards and procedures for access to Commission records and location of Commission monitoring stations.
(b) Part 1 contains rules of practice and procedure for license applications, adjudicatory proceedings, rule making proceedings, procedures for reconsideration and review of the Commission's actions, provisions concerning violation notices and forfeiture proceedings,
(c) Part 2 contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning marketing of radio frequency devices, and for obtaining equipment authorization.
(d) Part 13 contains information and rules for the licensing of commercial radio operators.
(e) Part 17 contains requirements for construction, marking and lighting of antenna towers.
(f) Part 80 contains rules for the maritime services. Certain maritime frequencies are available for use by aircraft stations for distress and safety, public correspondence and operational communications.
Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the aviation services. Specific guidance for each type of radio service license in aviation services is set forth in this part.
(a) Except as noted in paragraph (b) of this section, stations in the aviation service must be licensed by the FCC either individually or by fleet.
(b) An aircraft station is licensed by rule and does not need an individual license issued by the FCC if the aircraft station is not required by statute, treaty, or agreement to which the United States is signatory to carry a radio, and the aircraft station does not make international flights or communications. Even though an individual license is not required, an aircraft station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part.
(a)
(b)
(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 its representative, or by a corporation organized under the laws of a foreign country; or
(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 its representatives, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
(a) [Reserved]
(b) An application must be filed with the Commission in accordance with part 1, subpart F of this chapter. Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules.
(c) One application may be submitted for the total number of aircraft stations in the fleet (fleet license).
(d) One application for aeronautical land station license may be submitted for the total number of stations in the fleet.
(e) One application for modification or transfer of control may be submitted for two or more stations when the individual stations are clearly identified and the following elements are the same for all existing or requested station licenses involved:
(1) Applicant;
(2) Specific details of request;
(3) Rule part.
(f) One application must be submitted for each Civil Air Patrol wing. The application must show the total number of transmitters to be authorized. The wing need not notify the Commission each time the number of transmitters is altered. Upon renewal, the wing must notify the Commission of any change in the total number of transmitters.
(a) Licenses for aircraft stations will normally be issued for a term of ten
(b) Licenses other than aircraft stations in the aviation services will normally be issued for a term of five years from the date of original issuance, or renewal.
(c) Licenses for developmental stations will be issued for a period not to exceed one year and are subject to change or to cancellation by the Commission at any time, upon reasonable notice but without a hearing.
Whenever the Commission, without a hearing, grants an application in part or with any privileges, terms, or conditions other than those requested, the action will be considered as a grant of the application unless the applicant, within 30 days from the date on which such grant is made, or from its effective date if a later day is specified, files with the Commission a written protest, rejecting the grant as made. Upon receipt of such protest, the Commission will vacate its original action upon the application and, if necessary, set the application for hearing.
When a station permanently discontinues operation the station license must be canceled in accordance with the procedures set forth in part 1 of this chapter.
This section contains rules about the licensing of developmental operations subject to this part.
(a)
(1) The applicant has an organized plan of development leading to a specific objective;
(2) A point has been reached in the program where actual transmission by radio is essential;
(3) The program has reasonable promise of substantial contribution to the use of radio;
(4) The program will be conducted by qualified personnel;
(5) The applicant is legally qualified and possesses technical facilities for conduct of the program as proposed;
(6) The public interest, convenience and necessity will be served by the proposed operation.
(b)
(c)
(d)
(2) Where some phases of the developmental program are not covered by the general rules of the Commission and the rules in this part, the Commission may specify supplemental or additional requirements or conditions as considered necessary in the public interest, convenience or necessity.
(3) The Commission may, from time to time, require a station engaged in developmental work to conduct special tests which are reasonable and desirable to the authorized developmental program.
(e)
(2) Communication with any station of a country other than the United States is prohibited unless specifically provided in the station license.
(3) The operation of a developmental station must not cause harmful interference to stations regularly authorized to use the frequency.
(f)
(1) Results of operation to date.
(2) Analysis of the results obtained.
(3) Copies of any published reports.
(4) Need for continuation of the program.
(5) Number of hours of operation on each authorized frequency during the term of the license to the date of the report.
Transmitters listed in this part must be certificated for a particular use by the Commission based upon technical requirements contained in subpart D of this part.
(a)
(b)
(c)
(d)
A station may be used for emergency communications in a manner other than that specified in the station license or in the operating rules when normal communication facilities are disrupted. The Commission may order the discontinuance f any such emergency service.
This section applies only to unicom stations and radionavigation land stations, excluding radionavigation land test stations. When a new license has been issued or additional operating frequencies have been authorized, the station or frequencies must be placed in operation no later than eight months from the date of grant. The licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies have been placed in operation.
A person may apply for a portable aircraft radio station license if the need exists to operate the same station on more than one U.S. aircraft.
(a) [Reserved]
(b) Aircraft earth stations authorized to operate in the Inmarsat space segment must display the Commission license together with the commissioning certificate issued by Inmarsat. Notwithstanding the requirements of this paragraph, aircraft earth stations may operate in the Inmarsat space segment without an Inmarsat-issued commissioning certificate if written approval
The licensee may make routine maintenance tests on equipment other than emergency locator transmitters if there is no interference with the communications of any other station. Procedures for conducting tests on emergency locator transmitters are contained in subpart F.
A licensed operator must measure the operating frequencies of all land-based transmitters at the following times:
(a) When the transmitter is originally installed;
(b) When any change or adjustment is made in the transmitter which may affect an operating frequency; or
(c) When an operating frequency has shifted beyond tolerance.
A general radiotelephone operator must directly supervise and be responsible for all transmitter adjustments or tests during installation, servicing or maintenance of a radio station. A general radiotelephone operator must be responsible for the proper functioning of the station equipment.
The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter. In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting.
The licensee must make the station and its records available for inspection upon request.
(a) Commercial radio operator licenses issued by the Commission are classified in accordance with the Radio Regulations of the International Telecommunication Union.
(b) The following licenses are issued by the Commission. International classification, if different from the license name, is given in parentheses. The licenses and their alphanumeric designator are listed in descending order.
(1) T-1 First Class Radiotelegraph Operator's Certificate
(2) T-2 Second Class Radiotelegraph Operator's Certificate
(3) G General Radiotelephone Operator Licenes (radiotelephone operator's general certificate)
(4) T-3 Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate)
(5) MP Marine Radio Operator Permit (radiotelephone operator's restricted certificate)
(6) RP Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate)
(a) A station operator must hold a commercial radio operator license or permit, except as listed in paragraph (d).
(b) The minimum operator license or permit required for operation of each specific classification is:
(c) The operator of a telephony station must directly supervise and be responsible for any other person who transmits from the station, and must ensure that such communications are in accordance with the station license.
(d) No operator license is required to:
(1) Operate an aircraft radar set, radio altimeter, transponder or other aircraft automatic radionavigation transmitter by flight personnel;
(2) Test an emergency locator transmitter or a survival craft station used solely for survival purposes;
(3) Operate an aeronautical enroute station which automatically transmits digital communications to aircraft stations;
(4) Operate a VHF telephony transmitter providing domestic service or used on domestic flights.
The holder of a marine radio operator permit or a restricted radiotelephone operator permit must perform only transmitter operations which are controlled by external switches. These operators must not perform any internal adjustment of transmitter frequency determining elements. Further, the stability of the transmitter frequencies at a station operated by these operators must be maintained by the transmitter itself. When using an aircraft radio station on maritime mobile service frequencies the carrier power of the transmitter must not exceed 250 watts (emission A3E) or 1000 watts (emission R3E, H3E, or J3E).
(a)
(b)
(c)
All operator permits or licenses must be readily available for inspection.
(a)
(1) Aircraft radio station call sign.
(2) Assigned FCC control number (assigned to ultralight aircraft).
(3) The type of aircraft followed by the characters of the registration marking (“N” number) of the aircraft, omitting the prefix letter “N”. When communication is initiated by a ground station, an aircraft station may use the type of aircraft followed by the last three characters of the registration marking.
(4) The FAA assigned radiotelephony designator of the aircraft operating organization followed by the flight identification number.
(5) An aircraft identification approved by the FAA for use by aircraft stations participating in an organized flying activity of short duration.
(b)
(c)
(d)
A station at a fixed location in the international aeronautical mobile service must maintain a written or automatic log in accordance with Paragraph 3.5, Volume II, Annex 10 of the ICAO Convention.
The licensee of any airport control tower station or radionavigation land station must notify the nearest FAA regional office upon the temporary suspension or permanent discontinuance of the station. The FAA center must be notified again when service resumes.
The following table lists authorized emissions and maximum power. Power must be determined by direct measurement.
(a) Except as provided in paragraphs (c), (d), and (f) of this section, the carrier frequency of each station must be maintained within these tolerances:
(b) The power shown in paragraph (a) of this section is the peak envelope power for single-sideband transmitters and the mean power for all other transmitters.
(c) For single-sideband transmitters, the tolerance is:
(d) For radar transmitters, except non-pulse signal radio altimeters, the frequency at which maximum emission occurs must be within the authorized frequency band and must not be closer than 1.5/T MHz to the upper and lower limits of the authorized bandwidth, where T is the pulse duration in microseconds.
(e) The Commission may authorize tolerances other than those specified in this section upon a satisfactory showing of need.
(f) The carrier frequency tolerance of transmitters operating in the 1435-1535 MHz and 2310-2390 MHz bands manufactured before January 2, 1985, is 0.003 percent. The carrier frequency tolerance of transmitters operating in the 1435-1535 MHz and 2310-2390 MHz bands manufactured after January 1, 1985, is 0.002 percent. After January 1, 1990, the carrier frequency tolerance of all transmitters operating in the 1435-1535 MHz and 2310-2390 MHz bands is 0.002 percent.
(a) Occupied bandwidth is the width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to 0.5 percent of the total mean power of a given emission.
(b) The authorized bandwidth is the maximum occupied bandwidth authorized to be used by a station.
(c) The necessary bandwidth for a given class of emission is the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions.
(a) The assignable emissions, corresponding emission designators and authorized bandwidths are as follows:
(b) For other emissions, an applicant must determine the emission designator by using part 2 of this chapter.
(c) A license to use radiotelephony includes the use of tone signals or signaling devices whose sole function is to
(a) Except for ELTs and when using single sideband (R3E, H3E, J3E), or frequency modulation (F9) or digital modulation (F9Y) for telemetry or telecommand in the frequency bands 1435-1535 MHz and 2310-2390 MHz or digital modulation (G7D) for differential GPS, the mean power of any emission must be attenuated below the mean power of the transmitter (pY) as follows:
(1) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth the attenuation must be at least 25 dB;
(2) When the frequency is removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth the attenuation must be at least 35 dB.
(3) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth the attenuation for aircraft station transmitters must be at least 40 dB; and the attenuation for aeronautical station transmitters must be at least 43 + 10 log
(b) For aircraft station transmitters and for aeronautical station transmitters first installed before February 1, 1983, and using H2B, H3E, J3E, J7B or J9W, the mean power of any emissions must be attenuated below the mean power of the transmitter (pY) as follows:
(1) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth of 4.0 kHz, the attenuation must be at least 25 dB.
(2) When the frequency is removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth of 4.0 kHz, the attenuation must be at least 35 dB.
(3) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth of 4.0 kHz for aircraft station transmitters the attenuation must be at least 40 dB; and for aeronautical station transmitters the attenuation must be at least 43 + 10 log
(c) For aircraft station transmitters first installed after February 1, 1983, and for aeronautical station transmitters in use after February 1, 1983, and using H2B, H3E, J3E, J7B or J9W, the peak envelope power of any emissions must be attenuated below the peak envelope power of the transmitter (pX) as follows:
(1) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth of 3.0 kHz, the attenuation must be at least 30 dB.
(2) When the frequency is removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth of 3.0 kHz, the attenuation must be at least 38 dB.
(3) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth of 3.0 kHz for aircraft transmitters the attenuation must be at least 43 dB. For aeronautical station transmitters with transmitter power up to and including 50 watts the attenuation must be at least 43 + 10 log
(d) Except for telemetry in the 1435-1535 MHz band, when the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth for aircraft stations above 30 MHz and all ground stations the attenuation must be at least 43+10 log
(e) When using frequency modulation or digital modulation for telemetry or telecommand in the 1435-1535 MHz and 2310-2390 MHz frequency bands with an authorized bandwidth equal to or less than 1 MHz the emissions must be attenuated as follows:
(1) On any frequency removed from the assigned frequency by more than
(2) On any frequency removed from the assigned frequency by more than 100 percent of the authorized bandwidth plus 0.5 MHz, the attenuation must be at least 55 + 10 log
(f) When using frequency modulation or digital modulation for telemetry or telecommand in the 1435-1535 MHz or 2310-2390 MHz frequency bands with an authorized bandwidth greater than 1 MHz, the emissions must be attenuated as follows:
(1) On any frequency removed from the assigned frequency by more than 50 percent of the authorized bandwidth plus 0.5 MHz up to and including 50 percent of the authorized bandwidth plus 1.0 MHz, the attenuation must be 60 dB, when measured in a 3.0 kHz bandwidth. The signal need not be attenuated more than 25 dB below 1 milliwatt.
(2) On any frequency removed from the assigned frequency by more than 50 percent of the authorized bandwidth plus 1.0 MHz, the attenuation must be at least 55 + 10 log
(g) The requirements of paragraphs (e) and (f) of this section apply to transmitters approved after January 1, 1977, and to all transmitters first installed after January 1, 1983.
(h) For ELTs operating on 121.500 MHz, 243.000 MHz and 406.025 MHz the mean power of any emission must be attenuated below the mean power of the transmitter (pY) as follows:
(1) When the frequency is moved from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth the attenuation must be at least 25 dB;
(2) When the frequency is removed from the assigned frequency my more than 100 percent of the authorized bandwidth the attenuation must be at least 30 dB.
(i) In case of conflict with other provisions of § 87.139, the provisions of this paragraph shall govern for aircraft earth stations. When using G1D, G1E, or G1W emissions in the 1646.5-1660.5 MHz frequency band, the emissions must be attenuated as shown below.
(1) At rated output power, while transmitting a modulated single carrier, the composite spurious and noise output shall be attenuated below the mean power of the transmitter, pY, by at least:
(2) For transmitters rated at 60 watts or less:
When transmitting two unmodulated carriers, each 3 dB below the rated power, the mean power of any intermodulation products must be at least 24 dB below the mean power of either carrier.
(3) The transmitter emission limit is a function of the modulation type and symbol rate (SR). Symbol Rate is expressed in symbols per second.
(4) While transmitting a single modulated signal at the rated output power of the transmitter, the emissions must be attenuated below the maximum emission level by at least:
The mask shall be defined by drawing straight lines through the above points.
(j) When using G7D for differential GPS in the 112-118 MHz band, the amount of power during transmission under all operating conditions when measured over a 25 kHz bandwidth centered on either of the second adjacent
(a) When A3E emission is used, the modulation percentage must not exceed 100 percent. This requirement does not apply to emergency locator transmitters or survival craft transmitters.
(b) A double sideband full carrier amplitude modulated radiotelephone transmitter with rated carrier power output exceeding 10 watts must be capable of automatically preventing modulation in excess of 100 percent.
(c) If any licensed radiotelephone transmitter causes harmful interference to any authorized radio service because of excessive modulation, the Commission will require the use of the transmitter to be discontinued until it is rendered capable of automatically preventing modulation in excess of 100 percent.
(d) Single sideband transmitters must be able to operate in the following modes:
(e) Each frequency modulated transmitter operating in the band 72.0-76.0 MHz must have a modulation limiter.
(f) Each frequency modulated transmitter equipped with a modulation limiter must have a low pass filter between the modulation limiter and the modulated stage. At audio frequencies between 3 kHz and 15 kHz, the filter must have an attenuation greater than the attenuation at 1 kHz by at least 40 log
(g) Except that symmetric side bands are not required, the modulation characteristics for ELTs must be in accordance with specifications contained in the Federal Aviation Administration (FAA) Technical Standard Order (TSO) Document TSO-C91a titled “Emergency Locator Transmitter (ELT) Equipment” dated April 29, 1985. TSO-C91a is incorporated by reference in accordance with 5 U.S.C. 552(a). TSO-C91a may be obtained from the Department of Transportation, Federal Aviation Administration, Office of Airworthiness, 800 Independence Avenue SW., Washington DC 20591.
(h) ELTs must use A3X emission and may use A3E or NON emissions on an optional basis while transmitting. Each transmission of a synthesized or recorded voice message from an ELT must be preceded by the words “this is a recording”; transmission of A3E or NON emission must not exceed 90 seconds; and any transmission of A3E or NON emissions must be followed by at least three minutes of A3X emission.
(i) ELTs manufactured on or after October 1, 1988, must have a clearly defined carrier frequency distinct from the modulation sidebands for the mandatory emission, A3X, and, if used, the A3E or NON emissions. On 121.500 MHz at least thirty per cent of the total power emitted during any transmission cycle with or without modulation must be contained within plus or minus 30 Hz of the carrier frequency. On 243.000 MHz at least thirty percent of the total power emitted during any transmission cycle with or without modulation must be contained within plus or minus 60 Hz of the carrier frequency. Additionally, if the type of emission is changed during transmission, the carrier frequency must not shift more than plus or minus 30 Hz on 121.500 MHz and not more than plus or minus 60Hz on 243.000 MHz. The long term stability of the carrier frequency must comply with the requirements in § 87.133 of this part.
(j) Transmitters used at Aircraft earth stations must employ BPSK for transmission rates up to and including 2400 bits per second, and QPSK for higher rates.
(a) Each transmitter must be installed so that it is not accessible to, or capable of being operated by persons other than those authorized by the licensee.
(b) Each station must be provided with a control point at the location of the transmitting equipment, unless otherwise specifically authorized. Except for aeronautical enroute stations governed by paragraph (e) of this section, a control point is the location at which the radio operator is stationed. It is the position at which the transmitter(s) can immediately be turned off.
(c) Applicants for additional control points at aeronautical advisory (unicom) stations must specify the location of each proposed control point.
(d) Except for aeronautical enroute stations governed by paragraph (f) of this section, the control point must have the following facilities installed:
(1) A device that indicates when the transmitter is radiating or when the transmitter control circuits have been switched on. This requirement does not apply to aircraft stations;
(2) Aurally monitoring of all transmissions originating at dispatch points;
(3) A way to disconnect dispatch points from the transmitter; and
(4) A way to turn off the transmitter.
(e) A dispatch point is an operating position subordinate to the control point. Dispatch points may be installed without authorization from the Commission, and dispatch point operators are not required to be licensed.
(f) In the aeronautical enroute service, the control point for an automatically controlled enroute station is the computer facility which controls the transmitter. Any computer controlled transmitter must be equipped to automatically shut down after 3 minutes of continuous transmission of an unmodulated carrier.
(a) Each transmitter must be certificated for use in these services, except as listed in paragraph (c) of this section. However, aircraft stations which transmit on maritime mobile frequencies must use transmitters certificated for use in ship stations in accordance with part 80 of this chapter. Certification under part 80 is not required for aircraft earth stations transmitting on maritime mobile-satellite frequencies. Such stations must be certificated under part 87.
(b) Some radio equipment installed on air carrier aircraft must meet the requirements of the Commission and the requirements of the FAA. The FAA requirements may be obtained from the FAA, Aircraft Maintenance Division, 800 Independence Ave., SW., Washington, DC 20591.
(c) The equipment listed below is exempted from certification. The operation of transmitters which have not been certificated must not result in harmful interference due to the failure of those transmitters to comply with technical standards of this subpart.
(1) Development or Civil Air Patrol transmitters.
(2) Flight test station transmitters for limited periods where justified.
(3) U.S. Government transmitters furnished in the performance of a U.S. Government contract if the use of certificated equipment would increase the cost of the contract or if the transmitter will be incorporated in the finished product. However, such equipment must meet the technical standards contained in this subpart.
(4) ELTs verified in accordance with § 87.147(e).
(5) Signal generators when used as radionavigation land test stations (MTF).
(d) Aircraft earth stations must correct their transmit frequencies for Doppler effect relative to the satellite. The transmitted signal may not deviate more than 335 Hz from the desired transmit frequency. (This is a root sum square error which assumes zero error for the received ground earth station signal and includes the AES transmit/receive frequency reference error and the AES automatic frequency control residual errors.) The applicant must attest that the equipment provides adequate Doppler effect compensation and where applicable, that measurements
(a) Certification may be requested by following the procedures in part 2 of this chapter. Aircraft transmitters must meet the requirements over an ambient temperature range of −20 degrees to +50 degrees Celsius.
(b) ELTs manufactured after October 1, 1988, must meet the output power characteristics contained in § 87.141(i) when tested in accordance with the Signal Enhancement Test contained in subpart N, part 2 of this chapter. A report of the measurements must be submitted with each application for certification. ELTs that meet the output power characteristics of the section must have a permanent label prominently displayed on the outer casing state, “Meets FCC Rule for improved satellite detection.” This label, however, must not be placed on the equipment without authorization to do so by the Commission. Application for such authorization may be made either by submission of a new application for certification accompanied by the required fee and all information and test data required by parts 2 and 87 of this chapter or, for ELTs approved prior to October 1, 1988, a letter requesting such authorization, including appropriate test data and a showing that all units produced under the original equipment authorization comply with the requirements of this paragraph without change to the original circuitry.
(c) An applicant for a station license may request certification for an individual transmitter by following the procedure in part 2 of this chapter. Such a transmitter will be individually certified and so noted on the station license.
(d) An applicant for certification of equipment intended for transmission in any of the frequency bands listed in paragraph (d)(3) of this section must notify the FAA of the filing of a certification application. The letter of notification must be mailed to: FAA, Spectrum Engineering Division, 800 Independence Ave. SW., Washington, DC 20591 no later than the date of filing of the application with the Commission.
(1) The notification must describe the equipment, give the manufacturer's identification, antenna characteristics, rated output power, emission type and characteristics, the frequency or frequencies of operation, and essential receiver characteristics if protection is required.
(2) The certification application must include a copy of the notification letter to the FAA. The Commission will not act for 21 days after receipt of the application to afford the FAA an opportunity to comment. If the FAA objects to the application for equipment authorization, it should mail its objection with a showing that the equipment is incompatible with the National Airspace System to: Office of Engineering and Technology Laboratory, Authorization and Evaluation Division, 7435 Oakland Mills Rd., Columbia, MD 21046. If the Commission receives such an objection, the Commission will consider the FAA showing before taking final action on the application.
(3) The frequency bands are as follows:
(e) Verification reports for ELTs capable of operating on the frequency 406.025 MHz must include sufficient documentation to show that the ELT meets the requirements of § 87.199(a). A letter notifying the FAA of the ELT verification must be mailed to: FAA, Spectrum Engineering Division, 800 Independence Avenue SW., Washington, DC 20591.
Brief signalling for the purposes of measuring the quality of a radio channel and thereafter establishing communication shall be permitted within the 2 MHz-30 MHz band. Public coast stations licensed under part 80 of this chapter providing high seas service are authorized by rule to use such signalling under the following conditions:
(a) The transmitter power shall not exceed 100 W ERP;
(b) Transmissions must sweep linearly in frequency at a rate of at least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 milliseconds;
(c) The transmitter shall scan the band no more than four times per hour;
(d) Transmissions within 6 kHz of the following protected frequencies and frequency bands must not exceed 10
(1) Protected frequencies (kHz)
(2) Protected bands (kHz)
(e) The instantaneous signal, which refers to the peak power that would be measured with the frequency sweep stopped, along with spurious emissions generated from the sweeping signal, must be attenuated below the peak carrier power (in watts) as follows:
(1) On any frequency more than 5 Hz from the instantaneous carrier frequency, at least 3 dB;
(2) On any frequency more than 250 Hz from the instantaneous carrier frequency, at least 40 dB; and
(3) On any frequency more than 7.5 kHz from the instantaneous carrier frequency, at least 43 + 10log
This subpart contains class of station symbols and a frequency table which lists assignable frequencies. Frequencies in the Aviation Services will transmit communications for the safe, expeditious, and economic operation of aircraft and the protection of life and property in the air. Each class of land station and Civil Air Patrol station may communicate in accordance with the particular sections of this part which govern these classes. Land stations in the Aviation Services in Alaska may transmit messages concerning sickness, death, weather, ice conditions or other matters relating to safety of life and property if there is no other established means of communications between the points in question and no charge is made for the communications service.
The two or three letter symbols for the classes of station in the aviation services are:
(a) The table in paragraph (b) of this section lists assignable carrier frequencies or frequency bands.
(1) The single letter symbol appearing in the “Subpart” column indicates the subpart of this part which contains additional applicable regulations.
(2) The two or three letter symbol appearing in the “Class of Station” column indicates the class of station to which the frequency is assignable.
(b) Frequency table:
(a) Aircraft stations must limit their communications to the necessities of safe, efficient, and economic operation of aircraft and the protection of life and property in the air, except as otherwise specifically provided in this part. Contact with an aeronautical land station must only be attempted when the aircraft is within the serivce area of the land station. however, aircraft stations may transmit advisory information on air traffic control, unicom or aeronautical multicom frequencies for the benefit and use of other stations monitoring these frequencies in accordance with FAA recommended traffic advisory practices.
(b) Aircraft public correspondence service must be made available to all persons without discrimination and on reasonable demand, and must communicate without discrimination with any public coast station or mobile-satellite earth station authorized to provide aircraft public correspondence service.
(c) Aircraft public correspondence service on maritime mobile frequencies may only be carried by aircraft stations licensed to use maritime mobile frequencies and must follow the rules for public correspondence in part 80.
(d) Aircraft public correspondence service on Aeronautical Mobile-Satellite (R) Service frequencies may only be carried on aircraft earth stations licensed to use Aeronautical Mobile-Satellite (R) frequencies and are subject to the rules for public correspondence in this part. Aircraft public correspondence service on Maritime Mobile-Satellite Service frequencies may only be carried by aircraft earth stations licensed to use Maritime Mobile-Satellite frequencies and are subject to the rules for public correspondence in part 80.
(a) Frequencies used for air-ground Communications are listed in subpart E. Aircraft stations may use frequencies assigned to Government or non-Government aeronautical stations or radionavigation land stations if the communications are within the aeronautical or radionavigation land station scope of service.
(b) 410 kHz is the international direction-finding frequency for use outside the continental United States.
(c) 457 kHz is an authorized working frequency for flights over the high seas.
(d) 500 kHz an international calling and distress frequency for aircraft on flights over the high seas. Except for distress, urgency or safety messages an aircraft station must not transmit on 500 kHz during the silence periods for
(e) The frequency 2182 khz is an international distress and calling frequency for use by ship, aircraft and survival craft stations. Aircraft stations must use J3E emission when operating on 2182 kHz and communicating with domestic public and private coast stations. The emission H3E may be used when communicating with foreign coast and ship stations.
(f) The frequencies 3023 kHz, 5680 kHz, 122.900 MHz and 123.100 MHz are authorized for use by aircraft engaged in seach and rescue activities in accordance with subpart M. These frequencies may be used for air-air and air-ground communications.
(g) The frequency 4125 kHz may be used for distress and safety communications between aircraft and ship and coast maritime mobile stations.
(h) The frequency 8364.0 kHz is authorized for use of survival craft for search and rescue communications with stations in the maritime mobile service.
(i) The frequencies in the band 121.975-122.675 MHz are authorized for use by private aircraft of air traffic control operations.
(1) The frequencies 122.00 and 122.050 MHz are authorized for use by air carrier and private aircraft stations for enroute flight advisory service (EFAS) provided by the FAA;
(2) The frequency 122.100 MHz is authorized for use by air carrier aircraft stations for air traffic control operations at locations in Alaska where other frequencies are not available for air traffic control.
(j) The frequency 122.750 MHz is authoried for use by private fixed wing aircraft for air-air communications. The frequency 123.025 MHz is authorized for use by helicopters for air-air Communications.
(k) The frequencies 121.500 MHz and 243.000 MHz are emergency and distress frequences available for use by survival craft stations, emergency locator transmitters and equipment used for survival pruposes. Use of 121.500 MHz and 243.00 MHz shall be limited to transmission of signals and communications for survival purposes. Type A2A, A3E or A3N emission may be employed, except in the case of emergency locator transmitters where A3E, A3X and NON are permitted.
(l) The frequencies 156.300, 156.375, 156,400, 156,425, 156.450, 156.625, 156.800 156.900 and 157.425 MHz may be used by aircraft stations to communicate with ship stations in accordance with part 80 and the following conditions:
(1) The altitude of aircraft stations must not exceed 300 meters (1,000 feet), except for reconnaissance aircraft participating in icebreaking operations where an altitude of 450 meters (1,500 feet) is allowed;
(2) Aircraft station transmitter power must not exceed five watts;
(3) The frequency 156.300 MHz may be used for safety purposes only. The frequency 156.800 MHz may be used for distress, safety and calling purposes only.
(4) Except in the Great Lakes and along the St. Lawrence Seaway the frequency 157.425 MHz is available for communications with commerical fishing vessels.
(5) The frequency 156.375 MHz cannot be used in the New Orleans, LA, VTS protection area. No harmful interference shall be caused to the VTS.
(m) The frequency 406.025 MHz is an emergency and distress frequency available for use by emergency locator transmitters. Use of this frequency must be limited to transmission of distress and safety communications.
(n) The frequency band 960-1215 MHz is for the use of airborne electronic aids to air navigation and directly associated land stations.
(o) The frequency band 1300-1350 MHz is for surveillance radar stations and associated airborne transponders.
(p) The frequency band 1435-1525 MHz is available on a primary basis and the 1525-1535 MHz is available on a secondary basis for telemetry and telecommand associated with the flight testing of aircraft, missiles, or related major components. This includes launching into space, reentry into the earth's atmosphere and incidental orbiting prior to reentry. The following frequencies are shared with flight telemetry mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, 1524.5 and 1525.5 MHz. See § 87.303(d).
Aeronautical telemetry operations must protect mobile-satellite operations in the 1525-2535 MHz band and maritime mobile-satellite operations in the 1530-1535 MHz band.
(q) The frequencies in the band 1545.000-1559.000 MHz and 1646.500-1660.500 MHz are authorized for use by the Aeronautical Mobile-Satellite (R) Service. The use of the bands 1544.000-1545.000 MHz (space-to-Earth) and 1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite Service is limited to distress and safety operations. In the frequency bands 1549.500-1558.500 MHz and 1651.000-1660.000 MHz, the Aeronautical Mobile-Satellite (R) requirements that cannot be accommodated in the 1545.000-1549.500 MHz, 1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 1660.000-1660.500 MHz bands shall have priority access with real-time preemptive capability for communications in the Mobile-Satellite service. Systems not interoperable with the Aeronautical Mobile-Satellite (R) Service shall operate on a secondary basis. Account shall be taken of the priority of safety-related communications in the Mobile-Satellite Service.
(r) The frequency band 1559-1626.5 MHz is available for airborne electronic aids to air navigation and any associated land station.
(s) The frequency band 4200-4400 MHz is reserved exclusively for radio altimeters.
(t) The frequency band 5350-5470 MHz in the aeronautical radionavigation service is limited to airborne radars and associated airborne beacons.
(u) The frequency band 8750-8850 MHz is available for use by airborne doppler radars in the aeronautical radionavigation service only on the condition that they must accept any interference which may be experienced from stations in the radiolocation service in the band 8500-10,000 MHz.
(v) The frequency band 9300-9500 MHz is limited to airborne radars and associated airborne beacons.
(w) The frequency band 13250-13400 MHz available for airborne doppler radar use.
(x) The frequency bands 14000-14400, 24250-25250, 31800-33400 MHz are available for airborne radionavigation devices.
(y) Brief keyed RF signals (keying the transmitter by momentarily depressing the microphone “push-to-talk” button) may be transmitted from aircraft for the control of automated unicoms on the unicom frequencies listed in paragraph (y)(3) of this section, or for the control of airport lights on the following frequencies:
(1) Any air traffic control frequency listed in § 87.421.
(2) FAA Flight Service Station frequencies 121.975-122.675 MHz.
(3) The unicom frequencies 122.700, 122.725, 122.800, 122.950, 122.975, 123.000, 123.050 and 123.075 MHz.
(4) Aviation support station frequencies listed in § 87.323(b): 121.950, 123.300 and 123.500 MHz if the frequency is assigned to a station at the airport and no harmful interference is caused to voice communications. If no such station is located at the concerned airport, aircraft may use one of the aviation support station frequencies for the control of airport lights.
(5) The frequency 122.9 MHz when it is used as the common traffic advisory frequency at the concerned airport.
(z) Frequencies for public correspondence between ships and public coast stations in the maritime mobile service (except frequencies in the 156-174 MHz band) and coast earth stations in the maritime mobile-satellite service are available for public correspondence between aircraft and public coast stations and coast earth stations, respectively. The transmission of public correspondence from aircraft must not cause interference to maritime communications.
(aa) Frequencies in the 454.675-459.975 MHz band are available in the Public Mobile Radio Service (part 22) for use on board aircraft for communications with land mobile stations which are interconnected to the nationwide public telephone system.
(bb) The frequencies 121.950 MHz, 122.850 MHz and 127.050
(cc) The frequency 120.650 MHz
(a) Transmitters used for public correspondence by aircraft stations in the maritime mobile frequency bands must be authorized by the Commission in conformity with part 80 of this chapter.
(b) Transmitters used for public correspondence by aircraft stations in the Aeronautical Mobile-Satellite (R) or Maritime Mobile-Satellite frequencies must be certificated by the Commission in conformity with part 87. Aircraft earth stations that are required to be commissioned to use a privately owned satellite system also must meet the provisions of § 87.51.
(c) A continuous watch must be maintained on the frequencies used for safety and regularity of flight while public correspondence communications are being handled. For aircraft earth stations, this requirement is satisfied by compliance with the priority and preemptive access requirements of § 87.187(p).
(d) All communications in the Aeronautical Mobile Service and the Aeronautical Mobile-Satellite (R) Service have priority over public correspondence.
(e) Transmission of public correspondence must be suspended when such operation will delay or interfere with message pertaining to safety of life and property or regularity of flight, or when ordered by the captain of the aircraft.
(a) Aircraft of member States of the International Civil Aviation Organization may carry and operate radio transmitters in the United States airspace only if a license has been issued by the State in which the aircraft is registered and the flight crew is provided with a radio operator license of the proper class, issued or recognized by the State in which the aircraft is registered. The use of radio transmitters in the United States airspace must comply with these rules and regulations.
(b) Notwithstanding paragraph (a) of this section where an agreement with a foreign government has been entered into with respect to aircraft registered in the United States but operated by an aircraft operator who is subject to regulation by that foreign government, the aircraft radio station license and aircraft radio operator license may be issued by such foreign government.
Transmissions by emergency locator transmitters (ELTs) are intended to be actuated manually or automatically and operated automatically as part of an aircraft or a survival craft station as a locating aid for survival purposes.
(a) ELTs transmit on the frequency 121.500 MHz, using A3E, A3X or NON emission. ELTs that transmit on the frequency 406.025 MHz use G1D emission.
(b) The frequency 243.000 MHz is an emergency and distress frequency available for use by survival craft stations, ELTs and equipment used for survival purposes which are also equipped to transmit on the frequency 121.500 MHz. Use of 243.000 MHz must be limited to transmission of signals and communications for survival purposes. In the case of ELTs use of A3E, A3X or NON emission is permitted.
ELT testing must avoid outside radiation. Bench and ground tests conducted outside of an RF-shielded enclosure must be conducted with the ELT terminated into a dummy load.
(a) Except for the spurious emission limits specified in § 87.139(h), 406.025 MHz ELTs must meet all the technical and performance standards contained in the Radio Technical Commission for Aeronautics document titled “Minimum Operational Performance Standards 406 MHz Emergency Locator Transmitters (ELT)” Document No RTCA/DO-204 dated September 29, 1989. This RTCA document is incorporated by reference in accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies of the document are available and may be obtained from the Radio Technical Commission of Aeronautics, One McPherson Square, 1425 K Street NW., Washington, DC, 20005. The document is available for inspection at Commission headquarters at 445 12th Street, SW., Washington, DC 20554. Copies may also be inspected at the Office of the Federal Register, 800 North Capital Street NW., suite 700, Washington, DC.
(b) The 406.025 MHz ELT must contain as an integral part a homing beacon operating only on 121.500 MHz that meets all the requirements described in the RTCA Recommended Standards document described in paragraph (a) of this section. The 121.500 MHz homing beacon must have a continuous duty cycle that may be interrupted during the transmission of the 406.025 MHz signal only.
(c) Prior to verification of a 406.025 MHz ELT, the ELT must be certified by a test facility recognized by one of the COSPAS/SARSAT Partners that the equipment satisfies the design characteristics associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz Distress Beacon Type Approval Standard (C/S T.007). Additionally, an independent test facility must certify that the ELT complies with the electrical and environmental standards associated with the RTCA Recommended Standards.
(d) The procedures for verification are contained in subpart J of part 2 of this chapter.
(e) An identification code, issued by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in each ELT unit to establish a unique identification for each ELT station. With each marketable ELT unit the manufacturer or grantee must include a postage pre-paid registration card printed with the ELT identification code addressed to: NOAA/NESDIS, SARSAT Operations Division, E/SP3, Federal Building 4, Washington, DC 20233. The registration card must request the owner's name, address, telephone number, type of aircraft, alternate emergency contact and include the following statement: “WARNING—failure to register this ELT with NOAA before installation could result in a monetary forfeiture being issued to the owner.”
(f) To enhance protection of life and property it is mandatory that each 406.025 MHz ELT must be registered with NOAA before installation and that information be kept up-to-date. In addition to the identification plate or label requirements contained in §§ 2.925, 2.926 and 2.1003 of this chapter, each 406.025 MHz ELT must be provided on the outside with a clearly discernable permanent plate or label containing the following statement: “The owner of this 406.025 MHz ELT must register the NOAA identification code contained on this label with the National Oceanic and Atmospheric Administration (NOAA) whose address is: NOAA, NOAA/SARSAT Operations Division, E/SP3, Federal Building 4, Washington,
(g) For 406.025 MHz ELTs whose identification code can be changed after manufacture, the identification code shown on the plant or label must be easily replaceable using commonly available tools.
(a) An aeronautical advisory station (unicom) must provide service to any aircraft station upon request and without discrimination. A unicom must provide impartial information concerning available ground services.
(b)(1) Unicom transmissions must be limited to the necessities of safe and expeditious operation of aircraft such as condition of runways, types of fuel available, wind conditions, weather information, dispatching, or other necessary information. At any airport at which a control tower, control tower remote communications outlet station (RCO) or FAA flight service station is located, unicoms must not transmit information pertaining to the conditions of runways, wind conditions, or weather information during the hours of operation of the control tower, RCO or FAA service station.
(2) On a secondary basis, unicoms may transmit communications which pertain to the efficient portal-to-portal transit of an aircraft, such as requests for ground transportation, food or lodging.
(3) Communications between unicoms and air carrier must be limited to the necessities of safety of life and property.
(4) Unicoms may communicate with aeronautical utility stations and ground vehicles concerning runway conditions and safety hazards on the airport when neither a control tower nor FAA flight service station is in operation.
(c) Unicoms must not be used for air traffic control (ATC) purposes other than to relay ATC information between the pilot and air traffic controller. Relaying of ATC information is limited to the following:
(1) Revisions of proposed departure time;
(2) Takeoff, arrival or flight plan cancellation time;
(3) ATC clearances, provided a letter of agreement is obtained from the FAA by the licensee of the unicom.
(a) A unicom and any associated dispatch or control points must be located on the airport to be served.
(b) Only one unicom will be authorized to operate at an airport which does not have a control tower, RCO or FAA flight service station. At an airport which has a part-time or full-time control tower, RCO or FAA flight service station, the one unicom limitation does not apply and the airport operator and all aviation services organizations may be licensed to operate a unicom on the assigned frequency.
(c) At an airport where only one unicom may be licensed, when the Commission believes that the unicom has been abandoned or has ceased operation, another unicom may be licensed on an interim basis pending final determination of the status of the original unicom. An applicant for an interim license must notify the present licensee and must comply with the notice requirements of paragraph (d) of this section.
(d) An applicant for a unicom license, renewal or modification of frequency assignment at an airport which does not have a control tower, RCO or FAA flight service station must notify in writing the owner of the airport and all aviation service organizations located at the airport. The notice must include the applicant's name and address, the name of the airport and a statement
At 63 FR 68957, Dec. 14, 1998, § 87.215 was amended by revising the last sentence of paragraph (d). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
(a) Only one unicom frequency will be assigned at any one airport. The Commission will assign a frequency based on maximum geographic co-channel separation. However, applicants may request a particular frequency which will be taken into consideration when the assignment is made. The frequencies assignable to unicoms are:
(1) 122.950 MHz at airports which have a full-time control tower or full-time FAA flight service station.
(2) 122.700, 122.725, 122.800, 122.975, 123.000, 123.050 or 123.075 MHz at all other airports.
(b) 121.500 MHz: emergency and distress only.
(a) A station operator need not be present when an automated unicom is in operation.
(b) Unicoms operating in an automated mode must comply with the requirements of paragraphs (1)-(5) of this section, in addition to the requirements applicable to non-automated unicom operations.
(1) An automated unicom must transmit only in response to interrogating signals from aircraft, including but not limited to the brief keyed RF signals specified in § 87.187(y).
(2) An automated unicom must monitor the unicom frequency prior to transmission, and provide a brief delay between the aircraft's interrogating signal and the automatic unicom's response.
(3) Automated advisory transmissions must be as brief as possible, and must never exceed one minute in length.
(4) An automated unicom may not provide weather information at an airport that has an operational, FAA-certified, automatic weather facility, unless the unicom itself is certified by the FAA.
(5) If weather information is provided by an automated unicom:
(i) weather sensors must be placed in order to adequately represent the weather conditions at the airport(s) to be served;
(ii) the weather information must be proceeded by the word “advisory;”
(iii) the phrase “automated advisory” must be included when the weather information was gathered by real-time sensors or within the last minute; and,
(iv) the time and date of the last update must be included when the weather information was not gathered within the last minute.
(c) Only one automated unicom may be operated at an uncontrolled airport. Prior to the operation of an automated unicom at an airport with more than one unicom licensee, all of the licensees at that airport must sign a letter of agreement stating which licensee(s) control the automated unicom operations, and, if control is to be shared among several operators, how that control will be divided or scheduled. The original or a copy of the letter of agreement must be kept with each licensees’ station records. Within 90 days of the date upon which a new unicom operator is licensed at an airport where more than one unicom is authorized, and an automated unicom is being operated, an amended letter of agreement that includes the new licensee's signature must be signed or automated unicom operations must cease.
(a) The communications of an aeronautical multicom station (multicom) must pertain to activities of a temporary, seasonal or emergency nature involving aircraft in flight. Communications are limited to directing or coordinating ground activities from the air or aerial activities from the ground. Air-to-air communications will be authorized if the communications are directly connected with the air-to-ground or ground-to-air activities described above. Multicom communications must not include those air/ground communications provided for elsewhere in this part.
(b) If there is not unicom and an applicant is unable to meet the requirements for a unicom license, the applicant will be eligible for a multicom license.
(1) The multicom license becomes invalid when a unicom is established at the landing area.
(2) Multicoms must not be used for ATC purposes other than the relay of ATC information between the pilot and air traffic controller. Relaying of ATC information is limited to the following:
(i) Revisions of proposed departure time;
(ii) Takeoff, arrival flight plan cancellation time;
(iii) ATC clearances, provided a letter of agreement is obtained from the FAA by the licensee of the multicom.
(3) Communications by a multicom must be limited to the safe and expeditious operation of private aircraft, pertaining to the conditions of runways, types of fuel available, wind conditions, weather information, dispatching or other information. On a secondary basis, multicoms may transmit communictions which pertain to efficient portal-to-portal transit of an aircraft such as requests for ground transportation, food or lodging.
Each applicant for a multicom may be required to demonstrate why such a station is necessary, based on the scope of service defined above.
(a) 121.500 MHz: emergency and distress only;
(b) 122.850 or 122.900 MHz;
(c) 122.925 MHz: available for assignment to communicate with aircraft when coordinating foresty management and fire suppression, fish and game management and protection, and environmental monitoring and protection.
(a) Aeronautical enroute stations provide operational control communications to aircraft along domestic or international air routes. Operational control communications include the safe, efficient and economical operation of aircraft, such as fuel, weather, position reports, aircraft performance, and essential services and supplies. Public correspondence is prohibited.
(b) Service must be provided to any aircraft station licensee who makes cooperative arrangements for the operation, maintenance and liability of the stations which are to furnish enroute service. In emergency or distress situations service must be provided without prior arrangements.
(c) Except in Alaska, only one aeronautical enroute station licensee will be authorized at any one location. In Alaska, only one aeronautical enroute station licensee in the domestic service and one aeronautical enroute station licensee in the international service will be authorized at any one location. (Because enroute stations may provide service over a large area containing a number of air routes or only provide communications in the local area of an airport, location here means the area which can be adequately served by the particular station.)
(d) In Alaska, only stations which serve scheduled air carriers will be licensed to operate aeronautical enroute
(e) Mobile units may be operated under an aeronautical enroute station authorization so long as the units are limited to use at an airport and are only used to communicate with aircraft on the ground or the associated aeronautical enroute station. Mobile units are further limited to operation on the VHF frequencies listed in 87.263(a)(1).
(f) Mobile units licensed under paragraph (e) of this section shall not be operated on air traffic control frequencies, nor cause harmful interference to, communications on air traffic control frequencies.
(a)
(2) A system or network of interconnected enroute stations may employ offset carrier techniques on the frequencies listed in paragraph (a)(1). The carrier frequencies of the individual transmitters must not be offset by more than
(3) The frequencies 122.825 and 122.875 MHz are available for assignment to enroute stations which provide local area service to aircraft approaching or departing a particular airport. These frequencies will be assigned without regard to the restrictions contained in § 87.261 (c) and (d). Only organizations operating aircraft with a maximum capacity of 56 passengers or 8,200 kg (18,000 lbs) cargo will be authorized use of these enroute frequencies.
(4) In Alaska, the frequencies 131.500, 131.600, 131.800 and 131.900 MHz may be assigned to aeronautical enroute stations without regard to the restrictions contained in § 87.261 (c) and (d).
(5) The frequencies 136.750 MHz, 136.775 MHz, 136.800 MHz, 136.825 MHz, 136.850 MHz and 136.875 MHz are available in the Gulf of Mexico Region to serve domestic routes over the Gulf of Mexico and adjacent coastal areas. Assignment of these six frequencies is reserved until January 1, 1994, for helicopter flight following systems. Applicants must provide a showing of need for all frequencies requested. Assignment of these six frequencies in the Gulf of Mexico Region is not subject to the conditions contained in § 87.261(c) and paragraph (a)(2) of this section. Frequency assignments are based on 25 kHz spacing. Use of these frequencies must be compatible with existing operations and must be in accordance with pertinent international treaties and agreements. For the purpose of this paragraph, the Gulf of Mexico Region is defined as an area bounded on the east, north and west by a line 288 km (180 miles) inland from the Gulf of Mexico shoreline. Inland stations using these frequencies must be located within forty-eight kilometers (30 miles) of the Gulf of Mexico shoreline.
(b)
(2) These frequencies (carrier) are available for assignment to serve aircraft operating in support of offshore drilling operations in open sea areas beyond the range of VHF propagation:
(3) Alaska: The following frequencies (carrier) are available for assignment
(i)
(ii)
(iii)
(iv) The following frequencies (carrier) are available to enroute stations in Alaska without regard to the restrictions contained in § 87.261 (c) or (d). These frequencies may also be used for communications between enroute stations concerning matters directly affecting aircraft with which they are engaged. Enroute stations located at an uncontrolled airport shall not transmit information concerning runway, wind or weather conditions during the operating hours of a unicom.
(c)
(d)
(1) Central East Pacific (CEP):
(2) Central West Pacific (CWP):
(3) North Pacific (NP):
(4) South Pacific (SP):
(5) North Atlantic (NAT):
(6) Europe (EUR):
(7) South America (SAM):
(8) South Atlantic (SAT):
(9) Southeast Asia (SEA):
(10) East Asia (EA):
(11) Middle East (MID):
(12) Africa (AFI):
(13) Indian Ocean (INO):
(14) North Central Asia (NCA):
(15) Caribbean (CAR):
(e)
(f)
Domestic VHF aeronautical enroute stations authorized to use A9W emission on any frequency listed in § 87.263(a)(1) or § 87.263(a)(3) may transmit digital administrative communications on a secondary basis, in addition
Aeronautical fixed stations provide non-public point-to-point communications service pertaining to safety, regularity and economy of flight. These stations must transmit, without discrimination, messages from aircraft which have entered into cooperative arrangements governing the operation and maintenance of such stations. Aeronautical fixed station licensees are required to transmit, without charge or discrimination, all emergency communications.
Aeronautical fixed station licenses will only be issued to the licensees of associated aeronautical enroute stations. Aeronautical fixed station licenses will not be issued where adequate land line facilities are available.
(a)
(b)
(2) The following frequencies are available in Alaska. These frequencies will only be licensed in conjunction with licenses for use of the aeronautical enroute frequencies specified in § 87.263(c).
(c)
The use of flight test stations is restricted to the transmission of necessary information or instructions relating directly to tests of aircraft or components thereof.
(a) The following entities are eligible for flight test station licenses:
(1) Manufacturers of aircraft or major aircraft components;
(2) A parent corporation or its subsidiary if either corporation is a manufacturer of aircraft or major aircraft components; or
(3) Educational institutions and persons primarily engaged in the design, development, modification, and flight test evaluation of aircraft or major aircraft components.
(b) Each application must include a certification sufficient to establish the applicant's eligibility under the criteria in paragraph (a) of this section.
(a) These frequencies are available for assignment to flight test land and aircraft stations:
(b) These additional frequencies are available for assignment only to flight test stations of aircraft manufacturers:
(c) These frequencies are available for equipment test, emergency and backup use with aircraft beyond the range of VHF propagation. Either H2B, J3E, J7B or J9W emission may be used.
Frequencies (carrier) available kHz:
(d)(1) Frequencies in the bands 1435-1525 MHz and 2360-2390 MHz are assigned primarily for telemetry and telecommand operations associated with the flight testing of manned or unmanned aircraft and missiles, or their major components. The band 1525-1535 MHz is also available for these purposes on a secondary basis. In the band 2320-2345 MHz, the mobile and radiolocation services are allocated on a primary basis until a Broadcast-Satellite (sound) service has been brought into use in such a manner as to affect or be affected by the mobile and radiolocation services in those service areas. Permissible uses of these bands include telemetry and telecommand transmissions associated with the launching and reentry into the earth's atmosphere as well as any incidental orbiting prior to reentry of manned or unmanned objects undergoing flight tests. In the 1435-1530 MHz band, the following frequencies are shared with flight telemetry mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, 1524.5 and 1525.5 MHz. In the 2320-2345 MHz and 2360-2390 MHz bands, the following frequencies may be assigned on a co-equal basis for telemetry and associated telecommand operations in fully operational or expendable and re-usable launch vehicles whether or not such operations involve flight testing: 2332.5, 2364.5, 2370.5 and 2382.5 MHz. In the 2360-2390 MHz band, all other telemetry and telecommand uses are secondary to the above stated launch vehicle uses.
(2) The authorized bandwidths for stations operating in the bands 1435.0-1525.0 MHz, 1525.0-1535.0 MHz and 2310.0-2390.0 MHz are normally 1, 3 or 5 MHz. Applications for greater bandwidths will be considered in accordance with the provisions of § 87.135. Each assignment will be centered on a frequency between 1435.5 MHz and 1534.5 MHz or between 2310.5 MHz and 2389.5 MHz, with 1 MHz channel spacing.
(e) 121.500 MHz: Emergency and distress only.
(a)(1) Each application for a new station license, renewal or modification of an existing license concerning flight test frequencies, except as provided in paragraph (b) of this section, must be accompanied by a statement from a frequency advisory committee. The committee must comment on the frequencies requested or the proposed changes in the authorized station and the probable interference to existing stations. The committee must consider all stations operating on the frequencies requested or assigned within 320 km (200 mi) of the proposed area of operation and all prior coordinations and assignments on the proposed frequency(ies). The committee must also recommend frequencies resulting in the minimum interference. The Committee must coordinate in writing all requests for frequencies or proposed operating changes in the 1435-1535 MHz and 2310-2390 MHz bands with the responsible Government Area Frequency Coordinators listed in the NTIA “Manual of Regulations and Procedures for Federal Radio Frequency Management.” In addition, committee recommendations may include comments on other technical factors and may contain recommended restrictions
(2) The frequency advisory committee must be organized to represent all persons who are eligible for non-Government radio flight test stations. A statement of organization service area and composition of the committee must be submitted to the Commission for approval. The functions of any advisory committee are purely advisory to the applicant and the Commission, and its recommendations are not binding upon either the applicant or the Commission.
(b) These applications need not be accompanied by evidence of frequency coordination:
(1) Any application for modification not involving change in frequency(ies), power, emission, antenna height, antenna location or area of operation.
(2) Any application for 121.5 MHz.
(a) The Commission will license only one flight test land station per airport, except as provided in paragraph (d) of this section.
(b) Flight test land stations located at an airport are required to provide service without discrimination, on a cooperative maintenance basis, to anyone eligible for a flight test station license.
(c) When the licensee of a flight test land station intends to conduct flight tests at an area served by another flight test land station, which may result in interference, the licensees must coordinate their schedules in advance. If no agreement is reached, the Commission will determine the time division upon request by either licensee.
(d) Applicants for an additional flight test land station at an airport where such a station is already authorized may be required to submit a factual showing to include the following:
(1) Reasons why shared use of the currently licensed flight test land station is not possible; and
(2) Results of coordination with the current licensee of the flight test station at the airport demonstrating that an additional station can be accommodated without significant degradation of the reliability of existing facilities.
Aviation support stations are used for the following types of operations:
(a) Pilot training;
(b) Coordination of soaring activities between gliders, tow aircraft and land stations;
(c) Coordination of activities between free balloons or lighter-than-air aircraft and ground stations;
(d) Coordination between aircraft and aviation service organizations located on an airport concerning the safe and efficient portal-to-portal transit of the aircraft, such as the types of fuel and ground services available; and
(e) Promotion of safety of life and property.
Each applicant must certify as to its eligibility under the scope of service described above.
(a) 121.500 MHz: Emergency and distress only.
(b) The frequencies 121.950, 123.300 and 123.500 MHz are available for assignment to aviation support stations used for pilot training, coordination of lighter-than-air aircraft operations, or coordination of soaring or free ballooning activities. Applicants for 121.950 MHz must coordinate their proposal with the appropriate FAA Regional Spectrum Management Office. The application must specify the FAA Region notified and the date notified. Applicants for aviation support land stations may request frequency(ies) based upon their eligibility although the Commission reserves the right to specify the frequency of assignment. Aviation support mobile stations will be assigned 123.300 and 123.500 MHz.
(c) The frequency 122.775 MHz and, secondary to aeronautical multicom stations, the frequency 122.850 MHz are available for assignment to aviation support stations. These frequencies may be used for communications between aviation service organizations and aircraft in the airport area. These frequencies must not be used for air traffic control purposes or to transmit information pertaining to runway, wind or weather conditions.
(d) The frequency 3281.0 kHz is available for assignment to aviation support stations used for coordination of lighter-than-air aircraft operations.
Aeronautical utility mobile stations provide communications for vehicles operating on an airport movement area. An airport movement area is defined as the runways, taxiways and other areas utilized for taxiing, takeoff and landing of aircraft, exclusive of loading ramp and parking areas.
(a) An aeronautical utility mobile station must monitor its assigned frequency during periods of operation.
(b) At an airport which has a control tower, control tower remote communications outlet station (RCO) or FAA flight service station in operation, communications by an aeronautical utility mobile station are limited to the management of ground vehicular traffic.
(c) Aeronautical utility mobile stations which operate on the airport's unicom frequency or the frequency 122.900 MHz are authorized only to transmit information relating to safety, such as runway conditions and hazards on the airport. These stations are authorized primarily for monitoring communications from and to aircraft approaching or departing the airport.
(d) Transmissions by an aeronautical utility mobile station are subject to the control of the control tower, the FAA flight service station or the unicom, as appropriate. When requested by the control tower, the flight service station or the unicom, an aeronautical utility station must discontinue transmitting immediately.
(e) Communications between aeronautical utility mobile stations are not authorized.
(a) Aeronautical utility stations may transmit on unicom frequencies only at airports which have a unicom and a part-time or no control tower, an RCO or an FAA flight service station.
(b) An applicant for an aeronautical utility station operating on a unicom frequency or the frequency 122.900 MHz must:
(1) Have a need to routinely operate a ground vehicle on the airport movement area;
(2) Maintain a list of the vehicle(s) in which the station is to be located;
(3) Certify on the application that either the applicant is the airport owner or operator, or a state or local government aeronautical agency, or that the airport owner or operator has granted permission to operate the vehicle(s) on the airport movement area.
(c) An applicant for an aeronautical utility station requesting authority to transmit on the local control (tower) frequency or on the control tower remote communications outlet (RCO) frequency must certify that the Air Traffic Manager of the airport control tower approves the requested use of the tower or RCO frequency.
At 63 FR 68958, Dec. 14, 1998, § 87.347 was amended by revising paragraphs (b)(1), (b)(2), (b)(3), and (c). This section contains information collection and recordkeeping requirements, and the amendments will not become effective until approval has been given by the Office of Management and Budget.
(a) The frequency assigned to an aeronautical utility station at an airport served by a control tower, RCO or FAA flight service station is the frequency used by the control tower for ground traffic control or by the flight service station for communications with vehicles. In addition to the ground control frequency, an aeronautical utility station at an airport served by a control tower or RCO may be assigned the tower or RCO frequency if the assignment is specifically approved by the FAA as provided for in § 87.347(c). The frequencies assigned are normally from the band 121.600-121.925 MHz.
(b) The frequency assigned to the unicom is available to aeronautical utility stations on a noninterference basis at airports which have a part-time control tower, part-time RCO or part-time FAA flight service station and a unicom.
(c) At airports which have a unicom but no control tower, RCO or FAA flight service station, the frequency assigned to the unicom is available to aeronautical utility stations on a noninterference basis. The frequencies available for assignment to unicoms are described in subpart G of this part.
(d) At airports which have no control tower, RCO, flight service station or unicom, the frequency 122.900 MHz is available for assignment to aeronautical utility stations.
When the aeronautical utility frequency is required to be changed because of an action by the FAA or the Commission (such as a change in the ground control of unicom frequency) the licensee must submit an application for modification to specify the new frequency within 10 days from the date the station begins operation on the new frequency. The licensee has temporary authority to use the new frequency from the date of the change pending receipt of the modified license.
Aeronautical search and rescue land and mobile stations must be used only for communications with aircraft and other aeronautical search and rescue stations engaged in search and rescue activities. Aeronautical land search and rescue stations can be moved for temporary periods from a specified location to an area where actual or practice search and rescue operations are being conducted.
Licenses for aeronautical search and rescue stations will be granted only to governmental entities or private organizations chartered to perform aeronautical search and rescue functions.
(a) The frequency 123.100 MHz is available for assignment to aeronautical search and rescue stations for actual search and rescue missions. Each search and rescue station must be equipped to operate on this frequency.
(b) The frequency 122.900 MHz is available for assignment to aeronautical search and rescue stations for organized search and rescue training and for practice search and rescue missions.
(c) The frequencies 3023.0 kHz and 5680.0 kHz are available for assignment to aircraft and ship stations for search and rescue scene-of-action coordination, including communications with participating land stations. Ship stations communicating with aircraft stations must employ 2K80J3E emission.
(d) 121.500 MHz: Emergency and distress only.
This subpart provides the rules governing operation of stations in the Aviation Services during any national or local emergency situation constituting a threat to national security or
(a) The Plan for the Security Control of Air Traffic and Air Navigation Aids (SCATANA) is promulgated in furtherance of the Federal Aviation Act of 1958, as amended, the Communications Act and Executive Order 11490, as amended. SCATANA defines the responsibilities of the Commission for the security control of non-Federal air navigation aids.
(b) Under the responsibilities defined in SCATANA, an FCC Support Plan for the Security Control of Non-Federal Air Navigation Aids has been developed by the Commission. The FCC Support Plan defines responsibilities, procedures, and instructions in consonance with SCATANA which will effect control of non-Federal air navigation aids when SCATANA is implemented. It permits the use of such navigation aids by aircraft of military and civil agencies when SCATANA is implemented. The FCC Support Plan highlights those parts of SCATANA which deal specifically with non-Federal air navigation aids. SCATANA and the FCC Support Plan apply to radionavigation stations authorized by the Commission in the following manner:
(1) All licensees are subject to restrictions imposed by appropriate military authorities pursuant to SCATANA and the FCC Support Plan when an Air Defense Emergency or Defense Emergency exists or is imminent. The restrictions will be imposed through FAA Air Route Traffic Control Centers (ARTCCs).
(2) All licensees of aeronautical radionavigation (VOR/DME, ILS, MLS, LF and MF non-directional beacons) stations will comply with SCATANA implementation instructions from FAA ARTCCs as follows:
(i) Shut down the above navigation aids as directed. These instructions will permit time to land or disperse airborne aircraft, and will permit extension of time when the air traffic situation dictates.
(ii) Shut down as soon as possible stations which require more than five minutes control time, unless directed otherwise or unless such stations are essential for the handling of existing air traffic.
(iii) Operate aeronautical radionavigation stations to ensure that required stations, as indicated in flight plans, will be available for authorized aircraft flights.
(3) Licensees of aeronautical radionavigation stations will be notified of the reduction or removal of SCATANA restrictions by FAA ARTCCs when notice of the termination is issued.
(4) Licensees of aeronautical radionavigation stations may voluntarily participate in SCATANA tests as requested by an ARTCC. SCATANA testing must not interrupt the normal service of non-Federal air navigation aids.
(a) The licensee of any land station in the Aviation services, during a local emergency involving the safety of life and property may communicate in a manner other than that specified in the license (See § 87.395). Such emergency operations may include operation at other locations or with equipment not specified in the license or by unlicensed personnel provided that:
(1) Such operations are under the control and supervision of the station licensee,
(2) The emergency use is discontinued as soon as practicable upon termination of the emergency,
(3) In no event shall any station transmit on frequencies other than or with power in excess of that specified in the license,
(4) The details of the emergency must be retained with the station license, and
(5) At a controlled airport these communications must be coordinated with the FAA.
(b) The unicom frequencies listed in subpart G may also be used for communications with private aircraft engaged in organized civil defense activities in preparation for, during an enemy attack or immediately after an enemy attack. When used for these purposes, unicoms may be moved from place to place or operated at unspecified locations, except at landing areas served by other unicoms or control towers.
(c) In any case in which a license for unattended operation has been granted, the Commission may at any time, for national defense, modify the license.
(a) Airport control tower stations (control towers) and control tower remote communications outlet stations (RCOs) must limit their communications to the necessities of safe and expeditious operations of aircraft operating on or in the vicinity of the airport. Control towers and RCOs provide air traffic control services to aircraft landing, taking off and taxing on the airport as well as aircraft transiting the airport traffic area. Additionally, control towers and RCOs can provide air traffic control services to vehicles operating on airport movement areas (see subpart L of this part). Control towers and RCOs must serve all aircraft without discrimination. An RCO must be remotely operated from a control tower or other FAA control facility located at a nearby airport.
(b) A control tower must maintain a continuous watch on the following frequencies during the hours of operation:
The Commission may exempt from these watch requirements the licensee of an airport control tower station if a satisfactory showing has been made that such an exemption will not adversely affect life and property in the air.
Only one control tower or RCO will be licensed at an airport.
The Commission will assign VHF frequencies after coordination with the FAA. Frequencies in the following bands are available to control towers and RCOs. Channel spacing is 25 kHz.
(a) The frequency 123.100 MHz is available for use by control towers and RCOs at special aeronautical events on the condition that no harmful interference is caused to search and rescue operations in the locale involved.
(b) Frequencies in the bands 200.0-285.0 and 325.0-405.0 kHz will normally be assigned only to control towers and RCOs authorized to operate on at least one VHF frequency. The Commission may assign frequencies in these bands to entities that do not provide VHF service in cases where granting such an application will not adversely affect life and property in the air.
(c) Frequencies in the band 121.600-121.925 MHz are available to control towers and RCOs for communications with ground vehicles and aircraft on the ground. The antenna heights shall be restricted to the minimum necessary to achieve the required coverage. Channel spacing is 25 kHz.
(d) 121.500 MHz: emergency and distress only.
The control tower must render a communications service 24 hours a day unless the Commission determines, in coordination with the NTIA IRAC, that
Control towers and RCOs must not cause harmful interference to control towers or RCOs at adjacent airports. If interference between adjacent control towers or RCOs exists, the Commission will direct the licensees how to eliminate the interference.
An operational fixed station provides control, repeater or relay functions for its associated aeronautical station.
An applicant for an operational fixed station must certify that:
(a) The applicant is the licensee of an aeronautical land station in the aeronautical mobile service; and
(b) Common carrier facilities are not available to satisfy the aeronautical station's requirements.
The following frequencies in the 72-76 MHz band are assignable to operational fixed stations using vertical polarization, if no harmful interference is caused to TV reception on Channels 4 and 5. These frequencies are shared with the Land Mobile and the Maritime Mobile Services.
Operational fixed stations are subject to the following licensing limitations:
(a) A maximum of four frequencies will be assigned.
(b) Stations will not be authorized when applications indicate less than 16 km (10 miles) separation between a proposed station and a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation.
(c) Stations located between 16 km (10 miles) and 128 km (80 miles) of a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation, are secondary to TV operations within the Grade B service contour.
Stations in the aeronautical radiodetermination service provide radionavigation and radiolocation services.
(a) Transmission by radionavigation land stations must be limited to aeronautical navigation, including obstruction warning.
(b) Radionavigation land test stations are used for the testing and calibration of aircraft navigational aids and associated equipment. When used as radionavigation land test stations (MTF) signal generators must be licensed as radionavigation land test stations (MTF). Transmission must be limited to cases when radiation is necessary and there is no alternative.
(c) Transmissions by emergency locator transmitter (ELT) test stations must be limited to necessary testing of ELTs and to training operations related to the use of such transmitters.
(a) Licenses for radionavigation land test stations (MTF) will be granted only to applicants engaged in the development, manufacture or maintenance of aircraft radionavigation equipment. Licenses for radionavigation land test stations (OTF) will be granted only to applicants who agree to establish the facility at an airport for the use of the public.
(b) Licenses for ELT test stations will be granted only to applicants to train personnel in the operation and location of ELTs, or for testing related to the manufacture or design of ELTs.
(a)
(b)
(2) Radiobeacon stations enable an aircraft station to determine bearing or direction in relation to the radiobeacon station. Radiobeacons operate in the bands 190-285 kHz; 325-435; and 510-525 kHz.
(3) Aeronautical marker beacon stations radiate a vertical distinctive pattern on 75 MHz which provides position information to aircraft.
(4) The following table lists the specific frequencies in the 108.100-111.950 MHz band which are assignable to localizer stations with simultaneous radiotelephone channels and their associated glide path station frequency from the 328.600-335.400 MHz band.
(5) VHF omni-range (VOR) stations are to be assigned frequencies in the 112.050-117.950 MHz band (50 kHz channel spacing) and the following frequencies in the 108-112 MHz band:
(6) The band 960-1215 MHz is available for the use of land stations and associated airborne electronic aids to air navigation. When distance measuring equipment (DME) is intended to operate with a single VHF navigation station in the 108-117.975 MHz band, the DME operating channel must be paired with the VHF channel as shown in the following table:
(7) 1300-1350 MHz: The use of this band is restricted to surveillance radar stations and associated airborne transponders.
(8) 1559-1626.5 MHz: The use of this band is limited to airborne electronic aids to air navigation and any associated land stations.
(c)
(2) The frequencies available for assignment to radionavigation land test stations for the testing of airborne receiving equipment are 108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for localizer; 334.550 and 334.700 MHz for glide slope; 978 and
(i) The maximum power authorized on the frequencies 108.150 and 334.550 MHz is 1 milliwatt. The maximum power authorized on all other frequencies is one watt.
(ii) The pulse repetition rate (PRR) of the 1030 MHz ATC radar beacon test set will be 235 pulses per second (pps)
(iii) The assignment of 108.000 MHz is subject to the condition that no interference will be caused to the reception of FM broadcasting stations and stations using the frequency are not protected against interference from FM broadcasting stations.
(d)
(1) Not cause harmful interference to voice communications on these frequencies or any harmonically related frequency.
(2) Coordinate with the appropriate FAA Regional Spectrum Management Office prior to each activation of the transmitter.
(e)
(1) The frequencies available are on 25 kHz centers with the lowest assignable frequency being centered at 112.000 MHz and the highest assignable frequency being centered at 117.950 MHz.
(2) Applicants must coordinate a frequency, time slot assignment, and three-letter identifier with the FAA and provide this information to the Commission upon application.
Radionavigation land stations may be designated by the FAA as part of the National Airspace System. Stations so designated will be required to serve the public under IFT conditions. This condition of grant is applicable to all radionavigation land stations.
(a) Military or other Government stations have been authorized to establish wide-band systems using frequency-hopping spread spectrum techniques in the 960-1215 MHz band. Authorization for a Joint Tactical Information Distribution Systems (JTIDS) has been permitted on the basis of non-interference to the established aeronautical radionavigation service in this band. In order to accommodate the requirements for the system within the band, restrictions are imposed. Transmissions will be automatically prevented if:
(1) The frequency-hopping mode fails to distribute the JTIDS spectrum uniformly across the band;
(2) The radiated pulse varies from the specified width of 6.4 microseconds
(3) The energy radiated within
(b) If radionavigation systems operating in the 960-1215 MHz band experience interference or unexplained loss of equipment performance, the situation must be reported immediately to the nearest office of the FAA, the National Telecommunications and Information Administration, Washington, DC 20504, or the nearest Federal Communications Commission field office. The following information must be provided to the extent available:
(1) Name, call sign and category of station experiencing the interference;
(2) Date and time of occurrence;
(3) Geographical location at time of occurrence;
(4) Frequency interfered with;
(5) Nature of interference; and
(6) Other particulars.
(a) Radiobeacons may be licensed for unattended operation. An applicant must comply with the following:
(1) The transmitter is crystal controlled and specifically designed for radiobeacon service and capable of transmitting by self-actuating means;
(2) The emissions of the transmitter must be continuously monitored by a licensed operator, or by a direct positive automatic monitor, supplemented by aural monitoring at suitable intervals;
(3) If as a result of aural monitoring it is determined that a deviation from the terms of the station license has occurred, the transmitters must be disabled immediately by a properly authorized person. If automatic monitoring is used, the monitor must insure that the operation of the transmitter meets the license terms or is disabled;
(4) A properly authorized person must be able to reach the transmitter and disable it in a reasonable amount of time, so as not to adversely affect life or property in the air;
(5) The equipment must be inspected at least every 180 days. Results of inspections must be kept in the station maintenance records;
(6) The transmitter is not operable by or accessible to, other than authorized persons;
(7) The transmitter is in a remote location.
(b) Authority for unattended operation must be expressly stated in the station license.
Civil Air Patrol land and mobile stations must be used only for training, operational and emergency activities of the Civil Air Patrol.
(a) Civil Air Patrol land and mobile stations may communicate with other land and, mobile stations of the Civil Air Patrol. A Civil Air Patrol land station may be moved from its authorized location for temporary operation in the same general area for short periods of time not to exceed 72 hours.
(b) When engaged in training or on actual missions in support of the U.S. Air Force, Civil Air Patrol stations may communicate with U.S. Air Force stations on the frequencies specified in subpart E.
Licenses for Civil Air Patrol land and mobile stations will be issued only to Wings or the Headquarters of the Civil Air Patrol. All applications must be submitted to the Commission via Civil Air Patrol Headquarters, Maxwell Air Force Base, AL 36112. A single fleet license will be issued to Civil Air Patrol Headquarters and to each Civil Air Patrol Wing to authorize all Civil Air Patrol Station transmitters operated by the Wing or Headquarters.
The assigned frequencies available for assignment to Civil Air Patrol land and mobile stations are contained in the frequency table in subpart E. The frequency, emission, and maximum power will be determined by Headquarters Civil Air Patrol in accordance with the Civil Air Patrol Communications Plan.
Automatic weather observation stations (AWOS) and automatic surface observation stations (ASOS) must provide up-to-date weather information including the time of the latest weather sequence, altimeter setting, wind speed and direction, dew point, temperature, visibility and other pertinent data needed at airports having neither a full-time control tower nor a full-time FAA Flight Service Station. When a licensee has entered into an agreement with the FAA, an AWOS or an ASOS may also operate as an automatic terminal information station
(a) Licenses will be granted only upon FAA approval.
(b) Eligibility for an AWOS, an ASOS, or an ATIS is limited to the owner or operator of an airport or to a person who has entered into a written agreement with the owner or operator for exclusive rights to operate and maintain the station. Where applicable a copy of the agreement between the applicant and owner or operator of the airport must be submitted with an application.
(c) Only one AWOS, ASOS, or ATIS will be licensed at an airport.
Prior to submitting an application, each applicant must notify the nearest appropriate FAA Regional Spectrum Management Office. Each application must be accompanied by a statement showing the name of the FAA Regional Office and date notified. The Commission will assign the frequency. Normally, frequencies available for air traffic control operations set forth in subpart E will be assigned to an AWOS, ASOS, or to an ATIS. When a licensee has entered into an agreement with the FAA to operate the same station as both an AWOS and as an ATIS, or as an ASOS and an ATIS, the same frequency will be used in both modes of operation.
Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
(a)
(b)
Other Commission rule parts of importance that may be referred to with respect to licensing and operations in radio services governed under this part include the following:
(a) Part 0 of the Commission's Rules describes the Commission's organization and delegations of authority. This part also lists available Commission publications, and standards and procedures for access to Commission records, and location of Commission Field Offices.
(b) Part 1 of this chapter includes rules of practice and procedure for the
(c) Part 2 contains the table of frequency allocations and special requirements in International regulations, agreements, and treaties. This part also contains standards and procedures concerning marketing of radio frequency devices, and for obtaining equipment certification.
(d) Part 5 contains standards and procedures for obtaining experimental authorizations.
(e) Part 15 provides for the operation of incidental and restricted radio frequency devices that do not require an individual license.
(f) Part 17 contains detailed requirements for construction, marking, and lighting of antenna towers.
(g) Part 18 deals with the operation of industrial, scientific, and medical (ISM) devices that are not intended for radio communication,
(h) Part 20 of this chapter contains rules relating to commercial mobile radio services.
(i) Part 20 of this chapter which governs commercial mobile radio service applicable to certain providers in the following services in this part:
(1) Industrial/business pool.
(2) Private paging;
(3) Land mobile service on 220-222 MHz;
(4) Specialized Mobile Radio Service.
(j) Part 22 contains regulations for public (common carrier) mobile radio services.
(k) Part 51 contains rules relating to interconnection.
(l) Part 68 contains technical standards for connection of private land mobile radio equipment to the public switched telephone network.
(m) Part 101 governs the operation of fixed microwave services.
(1) The operation of a private emergency road service for disabled vehicles by associations of owners of private automobiles; or
(2) The business of providing to the general public an emergency road service for disabled vehicles.
(1) Guam and Northern Mariana Islands are licensed as a single EA-like area (identified as
(2) Puerto Rico and the U.S. Virgin Islands are licensed as a single EA-like area (identified as
(3) American Samoa is licensed as a single EA-like area (identified as
(a) Alaska is separated from the Seattle MTA and is licensed separately.
(b) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.
(c) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.
(d) American Samoa is licensed as a single MTA-like area.
(1) The mechanical or chemical transformation of substances into new products within such establishments as plants, factories, shipyards, or mills which employ, in that process, powerdriven machines and materials-handling equipment;
(2) The assembly of components of manufactured products within such establishments as plants, factories, shipyards, or mills where the new product is neither a new structure nor other fixed improvement. Establishments primarily engaged in the wholesale or retail trade, or in service activities, even though they fabricate or assemble any or all the products or commodities handled, are not included in this category; or
(3) The providing of supporting services or materials by a corporation to its parent corporation, to another subsidiary of its parent or to its own subsidiary, where such supporting services or materials are directly related to those regular activities of such parent or subsidiary which are eligible under paragraphs (1) or (2) of this definition.
(1) The transportation of passengers between urban areas;
(2) The transportation of property between urban areas;
(3) The transportation of passengers within a single urban area; or
(4) The transportation, local distribution or collection of property within a single urban area.
(1) Alaska is separated from the Seattle MTA and is licensed separately.
(2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.
(3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.
(4) American Samoa is licensed as a single MTA-like area.
The MTA map is available for public inspection in the Reference Information Center (Room CY-A257), 445 12th Steet, SW., Washington, DC.
(1) The generation, transmission, or distribution of electrical energy for use by the general public or by the members of a cooperative organization;
(2) The distribution of manufactured or natural gas by means of pipe line, for use by the general public or by the members of a cooperative organization, or, in a combination of that activity with the production, transmission or storage of manufactured or natural gas preparatory to such distribution;
(3) The distribution of steam by means of pipeline or, of water by means of pipeline, canal, or open ditch, for use by the general public or by the members of a cooperative organization, or in a combination of that activity with the collection, transmission, storage, or purification of water or the generation of steam preparatory to such distribution; or
(4) The providing of a supporting service by a corporation directly related to activities of its parent corporation, of another subsidiary of the same parent, or of its own subsidiary, where the party served is regularly engaged in any of the activities set forth in this definition.
(1) The operation of farms, ranches, or similar land areas, for the quantity production of crops or plants; vines or trees (excluding forestry operations); or for the keeping, grazing or feeding of livestock for animal products, animal increase, or value enhancement;
(2) Plowing, soil conditioning, seeding, fertilizing, or harvesting for agricultural activities;
(3) Spraying or dusting of insecticides, herbicides, or fungicides, in areas other than enclosed structures;
(4) Livestock breeding service;
(5) The operation of a commercial business regularly engaged in the construction of roads, bridges, sewer systems, pipelines, airfields, or water, oil, gas, or power production, collection, or distribution systems. The construction of buildings is not included in this category;
(6) The operation of mines for the recovery of solid fuels, minerals, metal, rock, sand and gravel from the earth or the sea, including the exploration for and development of mining properties;
(7) Maintaining, patrolling or repairing gas or liquid transmission pipelines, tank cars, water or waste disposal wells, industrial storage tanks, or distribution systems of public utilities;
(8) Acidizing, cementing, logging, perforating, or shooting activities, and services of a similar nature incident to the drilling of new oil or gas wells, or the maintenance of production from established wells;
(9) Supplying chemicals, mud, tools, pipe, and other materials or equipment unique to the petroleum and gas production industry, as the primary activity of the applicant if delivery, installation or application of these materials requires the use of specifically fitted conveyances;
(10) The delivery of ice or fuel to the consumer for heating, lighting, refrigeration or power generation purposes, by means other than pipelines or railroads when such products are not to be resold following their delivery; or
(11) The delivery and pouring of ready mixed concrete or hot asphalt mix.
For
The Public Safety Radio Pool covers the licensing of the radio communications of governmental entities and the following category of activities: Medical services, rescue organizations, veterinarians, persons with disabilities, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communications facilities. Entities not meeting these eligibility criteria may also be licensed in the Public Safety Radio Pool solely to provide service to eligibles on one-way paging-only frequencies below 800 MHz,
The Commission has established a National Plan which specifies special policies and procedures governing the Public Safety Pool (formally Public Safety Radio Services and the Special Emergency Radio Service). The National Plan is contained in the Report and Order in General Docket No. 87-112. The principal spectrum resource for the National Plan is the 821-824 MHz and the 866-869 MHz bands. The National plan establishes planning regions covering all parts of the United
(a)
(1) Any territory, possession, state, city, county, town or similar governmental entity is eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications essential to official activities of the licensee, including:
(i) A district and an authority, but not including a school district or authority or a park district or authority except as provided for in § 90.242;
(ii) A governmental institution authorized by law to provide its own police protection;
(iii) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application;
(iv) Governmental entities and governmental agencies for their own medical activities; and
(v) Governmental entities and governmental agencies for providing medical services communications to other eligible persons through direct participation in and direct operational control of the system, such as through central dispatch service.
(2) Persons or organizations other than governmental entities are eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications, as listed below. When requesting frequencies not designated by a “PS” in the coordinator column of the frequency table in paragraph (c)(3) of this section, applications must be accompanied by a statement from the governmental entity having legal jurisdiction over the area to be served, supporting the request:
(i) Persons or organizations charged with specific fire protection activities;
(ii) Persons or organizations charged with specific forestry-conservation activities;
(iii) Persons or organizations, listed below, engaged in the delivery or rendition of medical services to the public and on a secondary basis, for transmission of messages related to the efficient administration of organizations and facilities engaged in medical services operations:
(A) Hospital establishments that offer services, facilities, and beds for use beyond 24 hours in rendering medical treatment;
(B) Institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments;
(C) Ambulance companies regularly engaged in providing medical ambulance services;
(D) Rescue organizations for the limited purpose of participation in providing medical services;
(E) Associations comprised of two or more of the organizations eligible under paragraph (a)(2)(iii) (A), (B), (C), and (D) of this section, for the purpose of active participation in and direct operational control of the medical services communication activities of such organizations; or
(F) Physicians, schools of medicine, oral surgeons, and associations of physicians or oral surgeons;
(iv) Persons or organizations operating a rescue squad for transmission of messages pertaining to the safety of life or property and urgent messages necessary for the rendition of an efficient emergency rescue service.
(A) Each rescue squad will normally be authorized to operate one base station, and a number of mobile units (excluding hand carried mobile units) not exceeding the number of vehicles actually used in emergency rescue operations.
(B) In addition, each rescue squad will be authorized to operate a number of hand carried mobile units not exceeding two such units for each radio equipped vehicle actually used in emergency rescue operations.
(v)
(A) Any person having a hearing deficiency such that average hearing threshold levels are 90 dB above ANSI (American National Standards Institute) 1969 or ISO (International Standards Organization) 1964 levels and such other persons who submit medical certification of similar hearing deficiency.
(B) Any person having visual acuity corrected to no better than 20/200 in the better eye or having a field of vision of less than 20 degrees.
(C) Any person, who, through loss of limbs or motor function, is confined to a wheelchair, or is non-ambulatory.
(D) Any person actively awaiting an organ transplant.
(E) Parents or guardians of persons under 18 years eligible under paragraphs (a)(2)(v)(A), (a)(2)(v)(B), (a)(2)(v)(C) of this section, or institutions devoted to the care or training of those persons.
(vi) A veterinarian, veterinary clinic, or a school of veterinary medicine for the transmission of messages pertaining to the care and treatment of animals. Each licensee may be authorized to operate one base station and two mobile units. Additional base stations or mobile units will be authorized only on a showing of need.
(vii) Organizations established for disaster relief purposes having an emergency radio communications plan for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of the emergency situation during periods of actual or impending emergency, or disaster, and until substantially normal conditions are restored. In addition, the stations may be used for training exercises, incidental to the emergency communications plan, and for operational communications of the disaster relief organization or its chapter affiliates. The initial application from a disaster relief organization shall be accompanied by a copy of the charter or other authority under which the organization was established and a copy of its communications plan. The plan shall fully describe the operation of the radio facilities and describe the method of integration into other communications facilities which normally would be available to assist in the alleviation of the emergency condition.
(viii) Persons or organizations operating school buses on a regular basis over regular routes for the transmission of messages pertaining to either the efficient operation of the school bus service or the safety or general welfare of the students they are engaged in transporting. Each school bus operator may be authorized to operate one base station and a number of mobile units not in excess of the total of the number of buses and maintenance vehicles regularly engaged in the school bus operation. Additional base stations or mobile units will be authorized only in exceptional circumstances when the applicant can show a specific need.
(ix) Persons or organizations operating beach patrols having responsibility for life-saving activities for the transmission of messages required for the safety of life or property.
(x) Persons or organizations maintaining establishment in isolated areas where public communications facilities are not available and where the use of radio is the only feasible means of establishing communication with a center of population, or other point from which emergency assistance might be obtained if needed, for the transmission of messages only during an actual or impending emergency endangering life, health or property for the transmission of essential communications arising from the emergency. The
(A)
(B)
(C)
(
(xi) A communications common carrier operating communications circuits that normally carry essential communication of such a nature that their disruption would endanger life or public property is eligible to hold authorizations for standby radio facilities for the transmission of messages only during periods when the normal circuits are inoperative due to circumstances beyond the control of the user. During such periods the radio facilities may be used to transmit any communication which would be carried by the regular circuit. Initial applications for authorization to operate a standby radio facility must include a statement describing radio communication facilities desired, the proposed method of operation, a description of the messages normally being carried, and an explanation of how their disruption will endanger life or public property.
(xii) Communications common carriers for radio facilities to be used in effecting expeditious repairs to interruption of public communications facilities where such interruptions have resulted in disabling intercity circuits or service to a multiplicity of subscribers in a general area. Stations authorized under this section may be used only when no other means of communication is readily available, for the transmission of messages relating to the safety of life and property and messages which are necessary for the efficient restoration of the public communication facilities which have been disrupted.
(xiii) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application.
(b)
Article 5.
(a) Only police radio stations located close to the boundaries of contiguous countries shall be allowed to exchange this information.
(b) In general, only important police messages shall be handled, such as those which would lose their value, because of slowness and time limitations if sent on other communication systems.
(c) Frequencies used for radiotelephone communications with mobile police units shall not be used for radiotelegraph communications.
(d) Radiotelephone communications shall be conducted only on frequencies assigned for radiotelephony.
(e) Radiotelegraph communications shall be conducted on the following frequencies: 2804 kHz calling, 2808 kHz working, 2812 kHz working, 5195 kHz day calling, 5185 kHz day working, 5140 kHz day working.
(f) The characteristics of police radio stations authorized to exchange information shall be notified to the International Telecommunication Union, Geneva, Switzerland.
(g) The abbreviations contained in Appendix 9 of the Atlantic City Radio Regulations shall be used to the greatest possible extent. Service indications are as follows: “P”, priority, for messages that are to be sent immediately, regardless of the number of other messages on file. If no service indication is given, the messages are to be transmitted in the order of receipt.
(h) The message shall contain the preamble, address, text and signature, as follows:
(c)
(2)(i) The letter symbol(s) listed in the Coordinator column of the frequency table in paragraph (c)(3) of this section specifies the frequency coordinator(s) for each frequency as follows:
(ii) Frequencies without any coordinator specified may be coordinated by any coordinator certified in the Public Safety Pool.
(3)
(d) Explanation of assignment limitations appearing in the frequency table of paragraph (c)(3) of this section:
(1) This frequency is available for use by Travelers’ Information Stations in accordance with § 90.242.
(2) The frequency is available for assignment only in accordance with a geographical assignment plan.
(3) Base stations operating on this frequency and rendering service to state police mobile units may be authorized to use a maximum output power in excess of the maximum indicated in § 90.205 but not in excess of 7500 watts: Provided, That such operation is secondary to other stations.
(4) The use of this frequency is on a secondary basis to any Canadian station.
(5) In addition to base and mobile stations, this frequency may be assigned to fixed stations on a secondary basis to base or mobile stations. Upon a showing of need, the use of a second frequency in the band 2505-3500 kHz may be made available to governmental entities through appropriate arrangements with Federal Government agencies for restricted area use on a shared basis with maximum power output, emission, and hours of operation determined on the basis of the technical conditions involved in using the selected frequency in the particular area.
(6) Only the central governments of the fifty individual States, the District of Columbia, and the insular areas of the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the unincorporated territories of American Samoa, Guam and the United States Virgin Islands are eligible to be licensed to use this spectrum, and then only for disaster communications purposes. Licensees may not use this spectrum to provide
(7) This frequency is shared with the Industrial/Business Pool.
(8) This frequency is available for assignment only in accordance with a geographical assignment plan. This frequency may be used for conservation activities on a secondary basis to any station using the frequency for forest fire prevention, detection, and suppression.
(9) This frequency is reserved primarily for assignment to state licensees. Assignments to other licensees will be made only where the frequency is required for coordinated operation with the State system to which the frequency is assigned. Any request for such assignment must be supported by a statement from the State system concerned, indicating that the assignment is necessary for coordination of activities.
(10) A licensee regularly conducting two-way communication operations on this frequency may, on a secondary basis, also transmit one-way alert-paging signals to ambulance and rescue squad personnel.
(11) The maximum output power of any transmitter authorized to operate on this frequency shall not exceed 10 watts.
(12) This frequency is available in this service only to persons eligible under the provisions of paragraph (a)(2)(v) of this section for operation of transmitters having a maximum power output of three watts using A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission. This frequency is also available in the Industrial/Business Pool on a co-equal basis with the Public Safety licensees.
(13) This frequency will be assigned only for one-way paging communications to mobile receivers. Transmissions for the purpose of activating or controlling remote objects on this frequency are not authorized.
(14) The maximum output power of any transmitter authorized to operate on this frequency, after June 1, 1956, shall not exceed two watts. Licensees holding a valid authorization as of June 1, 1956, for base or mobile station operation on this frequency, with a power in excess of two watts, may continue to be authorized for such operation without regard to this power limitation.
(15) This frequency is reserved for assignment to stations for intersystem operations only: Provided, however, That licensees holding a valid authorization to use this frequency for local base or mobile operations as of June 1, 1956, may continue to be authorized for such use.
(16) This frequency is reserved primarily for assignment to state police licensees. Assignments to other police licensees will be made only where the frequency is required for coordinated operation with the state police system to which the frequency is assigned. Any request for such assignment must be supported by a statement from the state police system concerned indicating that the assignment is necessary for coordination of police activities.
(17) In the State of Alaska only, the frequency 42.40 MHz is available for assignment on a primary basis to stations in the Common Carrier Rural Radio Service utilizing meteor burst communications. The frequency may be used by private radio stations for meteor burst communications on a secondary, noninterference basis. Usage shall be in accordance with part 22 of this chapter or part 90. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table.
(18) No new licenses will be granted for one-way paging under § 90.487 for use on this frequency after August 1, 1980. This frequency is available to persons eligible for station licenses under the provisions of paragraph (a)(2)(v) of this section on a co-equal basis with one-way paging users under § 90.487 prior to August 1, 1985, and on a primary basis after August 1, 1985. Only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, G2D emissions and power not exceeding 10 watts will be authorized. Antennas having gain greater than 0 dBd will not be authorized. Transmissions shall not exceed two seconds duration.
(19) This frequency is reserved for assignment to stations in this service for
(20) In the State of Alaska only, the frequency 45.90 MHz is available for assignment on a primary basis to private land mobile radio stations utilizing meteor burst communications. The frequency may be used by common carrier stations for meteor burst communications on a secondary, noninterference basis. Usage shall be in accordance with part 22 of this chapter and part 90. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table.
(21) This frequency will be assigned only in accordance with a geographical assignment plan and is reserved primarily for assignment to Highway maintenance systems operated by states. The use of this frequency by other Highway maintenance licensees will be authorized only where such use is necessary to coordinate activities with the particular state to which the frequency is assigned. Any request for such use must be supported by a statement from the state concerned.
(22) Notwithstanding the provisions of paragraph (d)(21) of this section, this frequency may be used by any licensees in the Public Safety Pool without a separate license for the purpose of operating self-powered vehicle detectors for traffic control and safety purposes, on a secondary basis, in accordance with § 90.269.
(23) Thus frequency is reserved for assignment only to national organizations eligible for disaster relief operations under paragraph (a)(2)(vii) of this section.
(24) Assignment and use of frequencies in the band 72-76 MHz are governed by § 90.257 for operational-fixed stations and by § 90.241 for emergency call box operations. Specific frequencies are listed at § 90.257(a)(1).
(25) This frequency is available to Public Safety Pool licensees for fire call box operations on a shared basis in Industrial/Business Pool. All communications on this frequency must be conducted with persons or organizations charged with specific fire protection responsibility. All operations on this frequency are subject to the provisions of § 90.257(b).
(26) Assignment of frequencies in this band are subject to the provisions of § 90.173. Licensees as of August 18, 1995 who operate systems in the 150-170 MHz band that are 2.5 kHz removed from regularly assignable frequencies may continue to operate on a secondary, non-interference basis after August 1, 2003.
(27) This frequency will be assigned with an authorized bandwidth not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry operations pursuant to § 90.238(e) will be authorized on this frequency.
(28) This frequency is not available for assignment in this service in Puerto Rico or the Virgin Islands.
(29) This frequency is removed by 22.5 kHz from frequencies assigned to other radio services. Utilization of this frequency may result in, as well as be subject to, interference under certain operating conditions. In considering the use of this frequency, adjacent channel operations should be taken into consideration. If interference occurs, the licensee may be required to take the necessary steps to resolve the problem. See § 90.173(b).
(30) This frequency will be authorized a channel bandwidth of 25 kHz.
(31) The maximum output power of any transmitter authorized to operate on this frequency shall not exceed 100 watts. Stations authorized prior to July 15, 1992 for fixed operations will be permitted to continue such operations, but at a maximum transmitter power output of 10 watts.
(32) The maximum effective radiated power (ERP) may not exceed 20 watts for fixed stations and 2 watts for mobile stations. The height of the antenna system may not exceed 15.24 meters (50 ft.) above ground. All such operation is on a secondary basis to adjacent channel land mobile operations.
(33) For FM transmitters, the sum of the highest modulating frequency in Hertz and the amount of the frequency deviation or swing in Hertz may not exceed 2800 Hz and the maximum deviation may not exceed 2.5 kHz. For AM transmitters, the highest modulation frequency may not exceed 2000 Hz. The carrier frequency must be maintained
(34) This frequency is available on a shared basis with the Industrial/Business Pool for remote control and telemetry operations.
(35) Operational fixed stations must employ directional antennas having a front-to-back ratio of at least 20 dB. Omnidirectional antennas having unity gain may be employed for stations communicating with at least three receiving locations separated by 160 degrees of azimuth.
(36) The maximum power output of the transmitter may not exceed 50 watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, A2D, F1B, F1D, F2D, G1B, G1D, G2B, or G2D emission may be authorized.
(37) Use of this frequency is limited to stations located at least 120.7 km (75 miles) from the center of any urbanized area of 200,000 or more population (U.S. Census of Population 1970). Operation is on a secondary basis to licensees of the Industrial/Business Pool.
(38) A licensee regularly conducting two-way communications operations on this frequency may, on a secondary basis, also transmit one-way alert-paging signals to ambulance and rescue squad personnel.
(39) In addition to other authorized uses, the use of F1B, F1D, F2B or F2D emission is permitted on this frequency for the operation of biomedical telemetry systems except in the following geographic locations:
(i) New York, N.Y.-Northeastern New Jersey; Los Angeles-Long Beach, Calif.; Chicago, Ill.-Northwestern Indiana; Philadelphia, Pa.-N.J.; Detroit, Mich.; San Francisco-Oakland, Calif.; Boston, Mass.; Washington, D.C.-Md.-Va.; Cleveland, Ohio; St. Louis, Mo.-Ill.; Pittsburgh, Pa.; Minneapolis-St. Paul, Minn.; Houston, Tex.; Baltimore, Md.; Dallas, Tex.; Milwaukee, Wis.; Seattle-Everett, Wash.; Miami, Fla.; San Diego, Calif.; Atlanta, Ga.; Cincinnati, Ohio-Ky.; Kansas City, Mo.-Kans.; Buffalo, N.Y.; Denver, Colo.; San Jose, Calif.; New Orleans, La.; Phoenix, Ariz.; Portland, Oreg.-Wash.; Indianapolis, Ind.; Providence-Pawtucket-Warwick, R.I.-Mass.; Columbus, Ohio; San Antonio, Tex.; Louisville, Ky.-Ind.; Dayton, Ohio; Forth Worth, Tex.; Norfolk-Portsmouth, Va.; Memphis, Tenn.-Miss.; Sacramento, Calif.; Fort Lauderdale-Hollywood, Fla.; Rochester, N.Y.; Tampa-St. Petersburg, Fla;
(ii) The continuous carrier mode of operation may be used for telemetry transmissions on this frequency for periods up to two-minutes duration; following which there must be a break in the carrier for at least a one-minute period; and
(iii) Geographical coordinates for the above-listed urbanized areas may be found at Table 1 of § 90.635.
(40) This frequency may be designated by common consent as an intersystem mutual assistance frequency under an area-wide medical communications plan.
(41) This frequency is available nationwide for use in police emergency communications networks operated under statewide law enforcement emergency communications plans.
(42) This frequency may not be assigned within 161 km (100 miles) of New Orleans (coordinates 29°56′53″ N and 90°04′10″ W).
(43) This frequency is reserved for assignment for use in highway maintenance systems operated by licenses other than States.
(44) This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz.
(45) Operations on this frequency are limited to 30 watts transmitter output power.
(46) This frequency is shared with the Industrial/Business Pool in Puerto Rico and the Virgin Islands.
(47) This frequency may be assigned to stations in the Public Safety Pool, only at points within 240 km. (150 mi.) of New York, N.Y.
(48) Frequencies in this band will be assigned for low power wireless microphones in accordance with the provisions of § 90.265.
(49) This frequency will be assigned only to licensees directly responsible for the prevention, detection, and suppression of forest fires, on a secondary basis to any U.S. Government station.
(50) This frequency will be assigned for use only in areas west of the Mississippi River.
(51) This frequency will be assigned for use only in areas east of the Mississippi.
(52) In addition to agencies responsible for forest fire prevention, detection, and suppression, this frequency may be assigned to conservation agencies which do not have forest fire responsibilities on a secondary basis to any U.S. Government stations,
(53) This frequency is subject to the provisions of paragraph (e)(6) of this section.
(54) For FM transmitters, the sum of the highest modulating frequency in hertz and the amount of the frequency deviation or swing in hertz may not exceed 1700 Hz and the maximum deviation may not exceed 1.2 kHz. For AM transmitters, the highest modulating frequency may not exceed 1200 Hz. The carrier frequency must be maintained within .0005 percent of the center of the frequency band, and the authorized bandwidth may not exceed 3 kHz.
(55) Subpart T of this part contains rules for assignment of frequencies in the 220-222 MHz band.
(56) The frequencies available for use at fixed stations in this band and the requirements for assignment are set forth in § 90.261. Operation on these frequencies is secondary to stations in the Industrial/Business Pool where they are assigned for land mobile operations.
(57) This frequency is available for systems first licensed prior to August 18, 1995. No new systems will be authorized after August 18, 1995, but prior authorized systems may be modified, expanded, and renewed.
(58) This frequency is available for systems first licensed prior to March 31, 1980, for radio call box communications related to safety on highways in accordance with the provisions of § 90.241(c). No new systems will be authorized of this nature, but systems authorized prior to March 31, 1980 may be modified, expanded, and renewed.
(59) The continuous carrier mode of operation may be used for telemetry transmission on this frequency.
(60) Paging licensees as of March 20, 1991, may continue to operate on a primary basis until January 14, 1998.
(61) Highway radio call box operations first licensed prior to March 31, 1980 on this frequency may continue to operate in accordance with paragraph (d)(58) of this section.
(62) This frequency is also authorized for use for operations in biomedical telemetry stations. FIB, FID, F2B, F2D, F3E, G1B, G1D, G2B, G2D, and G3E emissions may be authorized for bio-medical transmissions.
(63) Available for medical services mobile operations in the Public Safety Pool in accordance with paragraph (d)(61) of this section.
(64) Use of this frequency is on a secondary basis and subject to the provisions of § 90.267 (a)(3), (a)(4), (a)(5), and (a)(7).
(65) This frequency is primarily authorized for use in the dispatch of medical care vehicles and personnel for the rendition or delivery of medical services. This frequency may also be assigned for intra-system and inter-system mutual assistance purposes. For uniformity in usage these frequency pairs may be referred to by channel name as follows:
(66) For applications for new radio systems, the thirty-two frequency pairs listed in paragraph (d)(66)(i) of this section will be assigned in a block for shared operation under § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii) subject to the following:
(i) For uniformity in usage, these frequency pairs may be referred to by channel name as follows:
(ii) Except as provided in paragraphs (d)(66)(iv) and (v) of this section, mobile or portable stations licensed prior to July 6, 2000, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of the following MED frequency pairs with transmitters operated on the 468 MHz frequencies: MED-1, MED-2, MED-3, MED-4, MED-5, MED-6, MED-7, and MED-8.
(iii) Except as provided in paragraphs (d)(66)(v) and (vi) of this section, mobile or portable stations licensed on or after July 6, 2000, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of the following MED frequency pairs with transmitters operated on the 468 MHz frequencies: MED-1, MED-12, MED-2, MED-22, MED-3, MED-32, MED-4, MED-42, MED-5, MED-52, MED-6 MED-62, MED-7, MED-72, MED-8, and MED-82.
(iv) Except as provided in paragraphs (d)(66)(v) and (vi) of this section, mobile or portable stations licensed on or after January 1, 2006, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of these MED frequency pairs with transmitters operated on the 468 MHz frequencies.
(v) Portable (hand-held) units operated with a maximum output power of 2.5 watts are exempted from the multi-channel equipment requirements specified in paragraphs (d)(66)(ii), (d)(66)(iii), and (d)(66)(iv) of this section.
(vi) Stations located in areas above line A, as defined in § 90.7 will be required to meet multi-channel equipment requirements only for those frequencies up to the number specified in paragraphs (d)(66)(ii), (d)(66)(iii), and (d)(66)(iv) of this section that have been assigned and coordinates with Canada in accordance with the applicable U.S.-Canada agreement.
(67) This frequency is authorized for use only for operations in biomedical telemetry stations. F1B, F1D, F2B, F2D, F3E, G1B, G1D, G2B, G2D and G3E emissions may be authorized. Entities eligible in the Public Safety Pool may use this frequency on a secondary basis for any other permissible communications consistent with § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii).
(68) Subpart L of this part contains rules for assignment of frequencies in the 470-512 MHz band.
(69) Subpart S of this part contains rules for assignment of frequencies in the 806-824 MHz and 851-869 MHz bands.
(70) Assignment of frequencies above 928 MHz for operational-fixed stations is governed by part 101 of this chapter.
(71) Frequencies in this band are available only for one-way paging operations in accordance with § 90.494.
(72) This frequency band is available to stations in this service subject to the provisions of § 90.259.
(73) Available only on a shared basis with stations in other services, and subject to no protection from interference due to the operation of industrial, scientific, or medical (ISM) devices. In the 2483.5-2500 MHz band, no applications for new stations or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, or on a subsequent date following as a result of submitting an application for license on or before July 25, 1985, are grandfathered and their operation is co-primary with the Radiodetermination Satellite Service.
(74) This band is available for Digital Termination Systems and for associated internodal links in the Point-to-Point Microwave Radio Service. No new licenses will be issued under this
(75) Appropriate frequencies in the band 2000-3000 kHz which are designated in part 80 of this chapter as available to Public Ship Stations for telephone communications with Public Coast Stations may be assigned on a secondary basis to fixed Stations in the Public Safety Pool for communication with Public Coast Stations only, provided such stations are located in the United States and the following conditions are met:
(i) That such fixed station is established pursuant to the eligibility provisions of (§ 90.47) and that the isolated area involved is an island or other location not more than 480 km (300 statute miles) removed from the desired;
(ii) That evidence is submitted showing that an arrangement has been made with the coast station licensee for the handling of emergency communications permitted by § 80.453 of this chapter and § 90.20(a)(2)(x)(C); and
(iii) That operation of the Public Safety fixed station shall at no time conflict with any provision of part 80 of this chapter and further, that such operation in general shall conform to the practices employed by Public Ship Stations for radiotelephone communication with the same Public Coast Station.
(76) This frequency is authorized only for communications between medical facilities vehicles and personnel related to medical supervision and instruction for the treatment and transport of patients in the rendition or delivery of medical services. F1B, F1D, F2B, F2D, G1B, G1D, G2B, F3E and G3E emissions are authorized. Public Safety entities may use this frequency on a secondary basis for any other permissible communications consistent with § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii).
(77) Subpart R of this part contains rules for assignment of channels in the 764-776 MHz and 794-806 MHz bands.
(78) Paging operations are not permitted on this frequency.
(79) This frequency will be secondary to marine port operations within 100 miles of Los Angeles (coordinates 34° 03′ 15″ north latitude and 118° 14′ 28″ west longitude).
(e)
(1) Substitution of frequencies available below 25 MHz may be made in accordance with the provisions of § 90.263.
(2) Frequencies in the band 73.0-74.6 MHz may be assigned to stations authorized their use on or before December 1, 1961, but no new stations will be authorized in this band, nor will expansion of existing systems be permitted. See also § 90.257.
(3) The frequency bands 31.99 to 32.00 MHz, 33.00 to 33.01 MHz, 33.99 to 34.00 MHz, 37.93 to 38.00 MHz, 39.00 to 39.01 MHz, 39.99 to 40.00 MHz and 42.00 to 42.01 MHz, are available for assignment for developmental operation subject to the provisions of subpart Q of this part.
(4) Frequencies in the 421-430 MHz band are available in the Detroit, Cleveland, and Buffalo areas in accordance with the rules in §§ 90.273 through 90.281.
(5) A Police licensee may use transmitters on the frequencies indicated below in connection with official police activities without specific authorization from the Commission, provided that such use shall be on a secondary basis and shall not cause harmful interference to services of other licensees operating on regularly assigned frequencies, and further provided that all such use complies with the requirements of Federal, State and local laws. The provisions of § 90.429 shall not apply to transmitters authorized under this paragraph. To be eligible for operations in this manner, the transmitter must comply with all of the following requirements.
(i) In accordance with § 90.203 and § 2.803 of this chapter, the transmitter must be of a type which has been certificated by the Commission.
(ii) The carrier frequency shall be within the bands listed below and must be maintained within 0.005 percent of the frequency of operation. Use on assigned channel center frequencies is not required.
(iii) The emitted signal shall be non-voice modulation (type PO emission).
(iv) The maximum occupied bandwidth, containing 99 percent of the radiated power, shall not exceed 2.0 kHz.
(v) The transmitter output power shall not exceed a mean power of 30 mW nor shall any peak exceed 1 watt peak power, as measured into a 50 ohm resistive load. Should the transmitter be supplied with a permanently attached antenna or should the transmitter and antenna combination be contained in a sealed unit, the following standard may be used in lieu of the above: the field strength of the fundamental signal of the transmitter and antenna combination shall not exceed 0.4 V/m mean or 2.3 V/m peak when measured at a distance of 3 meters.
(vi) The transmitter shall contain positive means to limit the transmission time to no more than 10 days. In the event of a malfunction of this positive means, the transmitter signal shall cease. The use of battery life to accomplish the transmission time limitation is permissible.
(6) The frequency 173.075 MHz is available for stolen vehicle recovery systems on a shared basis with the Federal Government. Stolen vehicle recovery systems are limited to recovering stolen vehicles and are not authorized for general purpose vehicle tracking or monitoring. Mobile transmitters operating on this frequency are limited to 2.5 watts power output and base transmitters are limited 300 watts ERP. F1D and F2D emissions may be used within a maximum authorized 20 kHz bandwidth. Transmissions from mobiles shall be limited to 200 milliseconds every 10 seconds, except that when a vehicle is being tracked actively, transmissions may be increased to 200 milliseconds every second. Transmissions from base stations will be limited to a total time of 1 second every minute. Applications for base stations operating on this frequency shall require coordination with the Federal Government. Applicants shall perform an analysis for each base station located within 169 km (105 miles) of a TV channel 7 transmitter of potential interference to TV channel 7 viewers. Such stations will be authorized if the applicant has limited the interference contour to fewer than 100 residences or if the applicant:
(i) Shows that the proposed site is the only suitable location;
(ii) Develops a plan to control any interference caused to TV reception from the operations; and
(iii) Agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate interference caused by its operations. The licensee must eliminate any interference caused by its operation to TV channel 7 reception within 30 days of the time it is notified in writing by the Commission. If this interference is not removed within the 30-day period, operation of the base station must be discontinued. The licensee is expected to help resolve all complaints of interference.
(f)
(1) Additional frequencies above 25 MHz may be assigned in connection with the operation of mobile repeaters in accordance with § 90.247 notwithstanding this limitation;
(2) The frequency 39.06 MHz may be assigned notwithstanding this limitation;
(3) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-928 MHz bands may be assigned for the operation of Location and Monitoring Service (LMS) systems in accordance with the provisions of subpart M of this part, notwithstanding this limitation;
(4) A licensee of a radio station in this service may operate radio units for the purpose of determining distance, direction, speed, or position by means of a radiolocation device on any frequency available for radiolocation purposes without additional authorization from the Commission, provided type accepted equipment or equipment authorized pursuant to §§ 90.203(b)(4) and (b)(5) of this part is used, and all other rule provisions are satisfied. A licensee in this service may also operate, subject to all of the foregoing conditions and on a secondary basis, radio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10 GHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the purpose of alerting motorists to hazardous driving conditions or the presence of an emergency vehicle. Unattended and continuous operation of such transmitters will be permitted.
(5) A Police licensee may use, without special authorization from the Commission, any mobile service frequency between 40 and 952 MHz, listed in paragraph (c)(3) of this section, for communications in connection with physical surveillance, stakeouts, raids, and other such activities. Such use shall be on a secondary basis to operations of licensees regularly authorized on the assigned frequencies. The maximum output power that may be used for such communications is 2 watts. Transmitters, operating under this provision of the rules, shall be exempted from the station identification requirements of § 90.425. Use of frequencies not designated by a “PP” in the coordinator column of the frequency table in paragraph (c)(3) of this section, is conditional on the approval of the coordinator corresponding to each frequency. Spread spectrum transmitters may be operated on Public Safety Pool frequencies between 37 and 952 MHz, providing that they are certificated by the Commission under the provisions of § 2.803 of this chapter and § 90.203, and meet the following conditions:
(i) Frequency hopping transmitters can be operated, with a maximum output power of 2 watts, on any Public Safety Pool frequency between 37 and 952 MHz listed in paragraph (c)(3) of this section. At least 20 hopping frequencies shall be used and the average time of occupancy on any frequency shall not be greater than \1/10\ second in every 2 seconds;
(ii) Use of spread spectrum transmitters under paragraph (f)(4) of this section is subject to approval by the applicable frequency coordinator of the radio services of the district in which the license and equipment are to be used; and
(iii) The use of direct sequence spread spectrum equipment is also permitted. Equipment must meet the technical standards of § 15.247 of this chapter.
(6) In addition to the frequencies assigned for mobile service operation, one base station frequency above 152 MHz may be assigned as a common frequency to all licensees in a particular area to permit intersystem communication between base stations or mobile stations or both. This frequency use will not be authorized in any area where all available frequencies are required for independent systems.
(7) A licensee may use, without a specific authorization from the Commission, transmitters on the frequencies indicated below in connection with wildlife tracking and/or telemetry and in connection with official forestry-conservation activities, provided that such use shall be on a secondary basis and shall not cause harmful interference to services of other licensees operating on regularly assigned frequencies. The provisions of § 90.203, § 90.425, and § 90.429 shall not apply to transmitters complying with this paragraph. To be eligible for operations in this manner, the transmitter must comply with all of the following requirements.
(i) The carrier frequency shall be within the bands listed below. The carrier frequency must be maintained
Use on assigned channel center frequencies is not required.
(ii) The emitted signal shall be non-voice modulation (A1D, A2D, F1D, or F2D emission).
(iii) The maximum occupied bandwidth, containing 99 percent of the radiated power, shall not exceed 0.25 kHz.
(iv) The transmitter output power shall not exceed a mean power of 5 mW nor shall any peak exceed 100 mW peak power, as measured into a permanently attached antenna; or if the transmitter and antenna combination are contained in a sealed unit, the field strength of the fundamental signal of the transmitter and antenna combination shall not exceed 0.29 V/m mean or 1.28 V/m peak when measured at a distance of 3 meters.
(v) The requirements of § 90.175 regarding frequency coordination apply.
(8) An additional frequency may be assigned for paging operations from those frequencies available under paragraph (d)(13) of this section.
(9) The frequency 155.340 MHz may be assigned as an additional frequency when it is designated as a mutual assistance frequency as provided in paragraph (d)(40) of this section.
(10) Additional frequencies may be assigned for fixed station operations.
(11) The assignment of an additional frequency or frequencies may be authorized notwithstanding this limitation for common, intra-county, intra-fire-district, or intrastate fire coordination operations. The frequency or frequencies requested must be in accordance with a frequency utilization plan, for the area involved, on file with the Commission.
Unless specified elsewhere in this part, paging operations may be authorized in the Public Safety Pool on any frequency except those assigned under the provisions of § 90.20(d)(77). Paging operations on frequencies subject to § 90.20(d)(77) authorized before August 17, 1974, may be continued only if they do not cause harmful interference to regular operations on the same frequencies. Such paging operations may be renewed indefinitely on a secondary basis to regular operations, except within 125 km (75 mi) of the following urbanized areas:
The Industrial/Business Radio Pool covers the licensing of the radio communications of entities engaged in commercial activities, engaged in clergy activities, operating educational, philanthropic, or ecclesiastical institutions, or operating hospitals, clinics, or medical associations. Rules as to eligibility for licensing, frequencies available, permissible communications and classes and number of stations, and any special requirements are set forth in the following sections.
(a) In addition to the eligibility shown in the Industrial/Business Pool, eligibility is also provided for any corporation proposing to furnish nonprofit radio-communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary. This corporate eligibility is not subject to the cooperative use provision of § 90.179.
(b) Eligibility is also provided for a nonprofit corporation or association that is organized for the purpose of furnishing a radio-communications service to persons who meet the eligibility requirements of the Industrial/Business Pool. Such use is subject to the cooperative use provisions of § 90.179.
(a)
(1) The operation of a commercial activity;
(2) The operation of educational, philanthropic, or ecclesiastical institutions;
(3) Clergy activities; or
(4) The operation of hospitals, clinics, or medical associations.
(b)
(2) Unless otherwise specified, coordination of frequencies in the Industrial/Business pool must be done in accordance with the following:
(i) Unless specified elsewhere in this part, frequencies without any coordinator specified in the Coordinator column of paragraph (b)(3) of this section may be coordinated by any frequency coordinator certified in the Industrial/Business Pool.
(ii) A letter symbol in the Coordinator column of the frequency table in paragraph (b)(3) of this section designates the mandatory certified frequency coordinator for the associated frequency in the table. However, any certified frequency coordinator in the Industrial/Business Pool may coordinate such frequency provided the prior written consent of the designated coordinator is obtained. Frequencies for which two coordinators are listed may be coordinated by either of the listed coordinators.
(iii) The letter symbols listed in the Coordinator column of the frequency table in paragraph (b)(3) of this section refer to specific frequency coordinators as follows:
(3)
(c) Explanation of assignment limitations appearing in the frequency table of paragraph (b)(3) of this section:
(1) Use of this frequency is permitted as follows:
(i) Only entities engaged in the following activities are eligible to use this spectrum, and then only in accordance with § 90.266:
(A) Prospecting for petroleum, natural gas or petroleum products;
(B) Distribution of electric power or the distribution by pipeline of fuels or water;
(C) Exploration, its support services, and the repair of pipelines; or
(D) The repair of telecommunications circuits.
(ii) Except as provided in this part, licensees may not use these frequencies in the place of other operational circuits permitted by the Commission's rules. Circuits operating on these frequencies may be used only for the following purposes:
(A) Providing standby backup communications for circuits which have been disrupted and which directly affect the safety of life, property, or the national interest or are used for coordinating inter-utility, intra-utility, and power pool distribution of electric power;
(B) Providing operational circuits during exploration;
(C) Coordinating the repair of inter-utility, intra-utility, and power pool electric power distribution networks, or the repair of pipelines;
(D) Exploratory efforts in mining for solid fuels, minerals, and metals important to the national interest;
(E) Repair of pipelines used for the transmission of fuel or water;
(F) Services supporting the exploration for energy or mineral resources important to the national interest, without which such exploration cannot be conducted; or
(G) Coordinating the repair of wireline or point-to-point microwave circuits.
(2) Use of this frequency is limited to an amplitude modulation mode of operation.
(3) This frequency is available for assignment only to stations utilized for geophysical purposes.
(4) Geophysical operations may use tone or impulse signaling for purposes other than indicating failure of equipment or abnormal conditions on this frequency. All such tone or impulse signaling shall be on a secondary basis and subject to the following limitations:
(i) Maximum duration of a single non-voice transmission may not exceed 3 minutes;
(ii) The bandwidth utilized for secondary tone or impulse signaling shall not exceed that authorized to the licensee for voice emission on the frequency concerned;
(iii) Frequency loading resulting from the use of secondary tone or impulse signaling will not be considered in whole or in part, as a justification for authorizing additional frequencies in the licensee's mobile service system; and
(iv) The maximum transmitter output power for tone or impulse transmissions shall not exceed 50 watts.
(5) Frequencies below 25 MHz will be assigned to base or mobile stations only upon a satisfactory showing that, from a safety of life standpoint, frequencies above 25 MHz will not meet the operational requirements of the applicant.
(6) Frequencies may be assigned in pairs with the separation between base and mobile transmit frequencies being
(7) This frequency is available for assignment to geophysical stations on a secondary basis to other licensees. Geophysical stations must cease operations on this frequency immediately upon receiving notice that interference is being caused to mobile service stations.
(8) This frequency is primarily available for oil spill containment and cleanup operations and for training and drills essential in the preparations for the containment and cleanup of oil spills. It is secondarily available for general base-mobile operations on a noninterference basis. Secondary users of this frequency are required to forego its use should oil spill containment and cleanup activities be present in their area of operation or upon notice by the Commission or a primary user that harmful interference is being caused to oil spill containment or cleanup activities in other areas.
(9) Operation on this frequency is secondary to stations in the maritime mobile service operating in accordance with the International table of frequency allocations.
(10) This frequency will be assigned only to stations used in itinerant operations, except within 56 km (35 miles) of Detroit, Mich., where it may be assigned for either itinerant or permanent area operations (
(11) Operation on this frequency is limited to a maximum output power of 2 watts; and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may provide the operational functions of a base or fixed station on a secondary basis to mobile service operations, Provided, that the separation between the control point and the center of the radiating portion of the antenna of any units so used does not exceed 8 m (25 ft.).
(12) This frequency may not be used aboard aircraft in flight.
(13) This frequency is shared with the Public Safety Pool.
(14) Operation on this frequency is limited to a maximum output power of 1 watt and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may provide the operational functions of a base of fixed station on a secondary basis to mobile service operations, Provided, That the separation between the control point and the center of the radiating portion of the antenna of any units so used does not exceed 8 m (25 ft.).
(15) This Government frequency is available for shared Government/non-Government use by stations engaged in oil spill containment and cleanup operations and for training and drills essential in the preparation for containment and cleanup of oil spills. Such use will be confined to inland and coastal waterways.
(16) This frequency may be assigned only to stations operating in an interconnected or coordinated utility system in accordance with an operational communications plan which sets forth all points of communications. Authorizations at variance with an established operational communications plan will be made only on a secondary basis.
(17) This frequency will be assigned only to stations used in itinerant operations.
(18) This frequency is also used on a secondary basis for cordless telephones under part 15 of this chapter.
(19) In addition to single frequency operation, this frequency is available to base and mobile stations for the paired frequency mode of operation. For two frequency systems, the separation between base and mobile transmit frequencies is 500 kHz with the base stations transmitting on the higher of the two frequencies.
(20) In the State of Alaska only, the frequency 44.10 MHz is available for assignment on a primary basis to stations in the Common Carrier Rural Radio Service utilizing meteor burst communications. The frequency may
(21) In the State of Alaska only, the frequency 44.20 MHz is available for assignment on a primary basis to private land mobile radio stations utilizing meteor burst communications. The frequency may be used by common carrier stations for meteor burst communications on a secondary, noninterference basis. Usage shall be in accordance with part 22 of this chapter and this part 90. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table.
(22) The frequencies available for use at operational fixed stations in the band 72-76 MHz are listed in § 90.257(a)(1). These frequencies are shared with other services and are available only in accordance with the provisions of § 90.257. Seismic telemetry transmitters certificated with 1 watt or less power and a frequency tolerance not exceeding +/−0.005% may be used as temporary operational fixed stations.
(23) This frequency is shared with fixed stations in other services and is subject to no protection from interference.
(24) All operations on this frequency are subject to the provisions of § 90.257(b).
(25) This frequency is shared with the Radio Control (R/C) Service, of the part 95 Personal Radio Services, where it is used solely for the radio control of models.
(26) Pulsed modulations will not be authorized on this frequency.
(27) Assignment of frequencies in this band are subject to the provisions of § 90.173. In the 150-170 MHz band, licensees as of August 18, 1995 who operate systems that are 2.5 kHz removed from regularly assignable frequencies may continue to operate on a secondary, non-interference basis after August 1, 2003.
(28) In Puerto Rico and the Virgin Islands this frequency is subject to the following:
(i) This frequency is assigned only for one-way paging communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, or G3E emissions may be authorized. Licensees may provide one-way paging communications on this frequency to individuals, persons eligible for licensing under subparts B or C of this part, to representatives of Federal Government agencies, and foreign governments and their representatives; and
(ii) This frequency will not be assigned to stations for use at temporary locations.
(29) This frequency will be authorized a channel bandwidth of 25 kHz. Except when limited elsewhere, one-way paging transmitters on this frequency may operate with an output power of 350 watts.
(30) This frequency will be assigned with an authorized bandwidth not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry operations pursuant to § 90.238(e) will be authorized on this frequency.
(31) Use of this frequency is limited to stations located in Puerto Rico and the Virgin Islands.
(32) This frequency is not available to stations located in Puerto Rico and the Virgin Islands.
(33) This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz.
(34) Operation on this frequency is limited to a maximum output power of 35 watts.
(35) This frequency may be used for mobile operation for radio remote control and telemetering functions. A1D, A2D, F1D, or F2D emission may be authorized and mobile stations used to control remote objects or devices may be operated on the continuous carrier transmit mode.
(36) This frequency is assigned only for one-way paging communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, or G3E emissions may be authorized. Licensees may provide one-way paging communications on this frequency to individuals, persons
(37) This frequency is available on a secondary basis to one-way paging communications.
(38) This frequency will not be assigned to stations for use at temporary locations.
(39) For FM transmitters the sum of the highest modulating frequency and the amount of frequency deviation may not exceed 2.8 kHz and the maximum frequency deviation may not exceed 2.5 kHz. For AM transmitters the highest modulating frequency may not exceed 2.0 kHz. The carrier frequency must be maintained within 0.0005 percent, and the authorized bandwidth may not exceed 6 kHz.
(40) This frequency is shared with the Public Safety Pool for remote control and telemetry operations.
(41) Operational fixed stations must employ directional antennas having a front-to-back ratio of at least 20 dB. Omnidirectional antennas having unity gain may be employed for stations communicating with at least three receiving locations separated by 160 deg. of azimuth.
(42) The maximum effective radiated power (ERP) may not exceed 20 watts for fixed stations and 2 watts for mobile stations. The height of the antenna system may not exceed 15.24 meters (50 ft.) above the ground. All such operation is on a secondary basis to adjacent channel land mobile operations.
(43) This frequency is available for the following:
(i) Assignment to multiple address fixed stations employing omni-directional antennas used for power utility peak load shaving and shedding and to mobile stations used for the remote control of objects and devices. The maximum power that may be authorized to fixed stations is 300 watts output, and the maximum power that may be authorized for mobile stations is 1 watt output. This frequency may also be assigned to operational fixed stations employing directional antenna systems (front-to-back ratio of 20 dB) when such stations are located at least 120 km. (75 mi.) from the boundaries of any urbanized area of 200,000 or more population. (U.S. Census of Population, 1960). The maximum power output of the transmitter for such fixed stations may not exceed 50 watts. A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be authorized; or
(ii) On a secondary basis for remote control and telemetry operations, subject to paragraphs (c)(41), (42), (43), (46), and (47) of this section.
(44) The maximum output power of the transmitter may not exceed 50 watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be authorized, and mobile stations used to control remote objects and devices may be operated in the continuous transmit mode.
(45) Authorizations to operate on this frequency will be issued on a secondary basis for A2B, A2D, F2B or F2D emission for tone signaling or for a combination of such emission with A3E, F3E or G3E emission with a maximum bandwidth of 20 kHz. The output power shall not exceed 2 watts. The maximum distance between any transmitter and the center of the radiating portion of its antenna shall not exceed 8 m. (25 ft.).
(46) This frequency is limited to a maximum power of 20 watts.
(47) This frequency may be used for mobile operation for remote control and telemetering functions. A1D, A2D, F1D, or F2D emission may be authorized. The use of the continuous carrier transmit mode for these purposes is permitted only for stations authorized and continuously licensed since before May 21, 1971.
(48) Except as noted in paragraph (c)(61) of this section, operation on this frequency is limited to a maximum output power of 20 watts.
(49) Operation on this frequency is limited to a maximum output power of 75 watts.
(50) This frequency may also be used for the transmission of tone or voice communications, including such communications when prerecorded, for purposes of automatically indicating abnormal conditions of trackage and railroad rolling stock when in motion, on a secondary basis to other stations on
(i) The output power shall not exceed 30 watts;
(ii) The bandwidth used shall not exceed that authorized to the licensee for voice transmissions on the frequency concerned;
(iii) The station shall be so designed and installed that it can normally be activated only by its associated automatic control equipment and, in addition, it shall be equipped with a time delay or clock device which will deactivate the station within three (3) minutes following activation by the last car in the train; and
(iv) Stations authorized pursuant to the provisions of this paragraph are exempt from the station identification requirements of § 90.425.
(51) In Puerto Rico and the Virgin Islands only, this frequency is available on a shared basis with remote pickup broadcast stations.
(52) In Puerto Rico and the Virgin Islands only, this frequency is available to all stations operating in the Industrial/Business Pool and may be coordinated by any frequency coordinator certified in the Industrial/Business Pool.
(53) Frequencies in this band will be assigned only for transmitting hydrological or meteorological data or for low power wireless microphones in accordance with the provisions of § 90.265.
(54) For FM transmitters the sum of the highest modulating frequency and the amount of frequency deviation may not exceed 1.7 kHz and the maximum deviation may not exceed 1.2 kHz. For AM transmitters the highest modulating frequency may not exceed 1.2 kHz. The carrier frequency must be maintained within 0.0005 percent and the authorized bandwidth may not exceed 3 kHz.
(55) This band is available to stations operating in this service subject to the provisions of § 90.259.
(56) Subpart T of this part contains rules for assignment of frequencies in the 220-222 MHz band.
(57) The requirements for secondary fixed use of frequencies in this band are set forth in § 90.261.
(58) Operational fixed assignments on this frequency will only be made to an itinerant fixed control or relay station on a secondary basis to land-mobile stations in the Industrial/Business Pool, provided that the fixed relay or control station is to be associated with base and mobile facilities authorized to use other frequencies available for itinerant operation in the Industrial/Business Pool. All such use of these frequencies for fixed systems is limited to locations 161 or more km. (100 mi.) from the center of any urbanized area of 200,000 or more population, except that the distance may be 120 km. (75 mi.) if the output power does not exceed 20 watts. All such fixed systems are limited to a maximum of two frequencies and must employ directional antennas with a front-to-back ratio of at least 15 dB. The centers of urbanized areas of 200,000 or more population are determined from the appendix, page 226, of the U.S. Commerce publication, “Air Line Distance Between Cities in the United States.” Urbanized areas of 200,000 or more population are defined in the U.S. Census of Population, 1960, volume 1, table 23, page 1-50.
(59) This frequency may be assigned primarily for stations used for the purpose of controlling slave locomotives that are placed within a train to assist the lead locomotive by providing, among other functions, auxiliary starting, pulling, and braking actions. Additionally, on a secondary basis this frequency may be assigned for remote control of all types of locomotives and, within a railroad yard or terminal area, for remote control of cab indicator devices placed with a locomotive to give visual signals to the operator of the locomotive. (A1, A2, F1 or F2 emissions may be authorized.)
(60)(i) Frequencies subject to this assignment limitation are herein considered collectively for use for communications concerned with cargo handling from a dock, or a cargo handling facility, to a vessel alongside. Any number of the frequencies may be authorized to one licensee for the purpose. Mobile relay stations may be
(ii) For single frequency simplex: Use mobile relay frequencies. The effective radiated power (ERP) on any frequency shall not exceed 2 watts. The center of the radiating system of the on-board repeater antenna shall be located no more than 3 m (10 ft.) above the vessel's highest working deck.
(61) This frequency is available for assignment as follows:
(i) To persons furnishing commercial air transportation service or, pursuant to § 90.179, to an entity furnishing radio communications service to persons so engaged, for stations located on or near the airports listed in paragraph (c)(61)(iv) of this section. Stations will be authorized on a primary basis and may be used only in connection with the servicing and supplying of aircraft.
(ii) To stations in the Industrial/Business Pool for secondary use at locations 80 km (50 mi) or more from the coordinates of the listed airports at a maximum ERP of 300 watts.
(iii) To stations in the Industrial/Business Pool for secondary use at locations 16 km (10 mi) or more from the coordinates of the listed airports at a maximum transmitter output power of 2 watts. Use of the frequency is restricted to the confines of an industrial complex or manufacturing yard area. Stations licensed prior to April 17, 1986 may continue to operate with facilities authorized as of that date.
(iv) The airports and their respective reference coordinates are (coordinates are referenced to North American Datum 1983 (NAD83)):
(62) This frequency may be assigned to fixed stations in the Industrial/Business Pool in accordance with the provisions of § 90.261.
(63) Within the boundaries of urbanized areas of 200,000 or more population, defined in the United States Census of Population, 1960, vol. 1, table 23, page 1-50, this frequency may be used only by persons rendering a central station commercial protection service within the service area of the radio station utilizing the frequency and may be used only for communications pertaining to safety of life and property, and for maintenance or testing of the protection facilities. Central Station commercial protection service is defined as an electrical protection and supervisory service rendered to the public from and by a central station accepted and certified by one or more of the recognized rating agencies, or the Underwriters Laboratories’ (UL), or Factory Mutual System. Other stations in the Industrial/Business Pool may be licensed on this frequency only when all base, mobile relay and control stations are located at least 120 km (75 miles) from the city center or centers of the specified urbanized areas of 200,000 or more population. With respect to combination urbanized areas containing more than one city, 120 km (75 mile) separation shall be maintained from each city center which is included in the urbanized area. The locations of centers of cities are determined from appendix, page 226, of the U.S. Commerce publication “Air Line Distance Between Cities in the United States.”
(64) Persons who render a central station commercial protection service are authorized to operate fixed stations on this frequency for the transmission of tone or impulse signals on a secondary, noninterference base-to-base/mobile operations subject to the following conditions and limitations:
(i) Secondary fixed operations may be used only for the following purposes:
(A) Indication of equipment malfunction;
(B) Actuation of a device to indicate the presence of an intruder, fire, or other hazardous condition on the property under the protection of the licensee;
(C) Indication of an abnormal condition in facilities under the protection of the licensee that, if not promptly reported, would result in danger to human life;
(D) Transmission, as may be necessary, to verify status of equipment; adjust operating conditions; or correct any abnormal condition; or
(E) Confirmation of status, or that an operation or correction has been accomplished.
(ii) The maximum duration of any one non-voice signal may not exceed 2 seconds and shall not be transmitted more than three times.
(iii) Systems employing automatic interrogation shall be limited to non-voice techniques and shall not be activated for this purpose more than 10 seconds out of any 60-second period. This 10-second frame includes both transmit and response times.
(iv) The bandwidth shall not exceed that authorized to the licensee for the primary operation on the frequency concerned.
(v) Frequency loading resulting from the use of secondary signaling will not be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system.
(vi) A mobile service frequency may not be used exclusively for secondary signaling.
(vii) The output power shall not exceed 30 watts (at the remote site).
(viii) A1D, A2D, F1D, or F2D emission may be authorized.
(ix) The transmitter shall be designed to deactivate automatically after 3 minutes of continuous carrier radiation.
(x) Operational fixed stations authorized under this paragraph are exempt from the requirements of §§ 90.137(b), 90.429(d), 90.425 and 90.433.
(xi) On these frequencies, base, mobile relay or mobile stations may transmit secondary tone or impulse signals to receivers, as provided in this section.
(65) Licensees providing a central station commercial protection service may communicate with police or fire stations, or vehicles, on this frequency, and may install licensed transmitting units which operate on this frequency at police or fire stations, or in police or fire vehicles, if the frequency's primary use is in a base/mobile system for a central station commercial protection service.
(66) This frequency may be assigned only to persons rendering a central station commercial protection service, which is defined in paragraph (c)(63) of this section, within the service area of the radio station utilizing the frequency.
(67) Use of this frequency is on a secondary basis and subject to the provisions of § 90.267 (a)(3), (a)(4), (a)(5), and (a)(7).
(68) Maximum permissible power output for stations on airports is 3 watts. Each station authorized on this frequency will be classified and licensed as a mobile station. Any units of such a station, however, may provide the functions of a base station on a secondary basis to mobile service operations provided that the vertical separation between the control point or ground level and the center of the radiating portion of the antenna of any units so used shall not exceed 8 m (25 ft.).
(69) This frequency may be used on a secondary, non-interference basis by a hospital or health care institution holding a license to operate a radio station under this part to operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission.
(70) Subpart L of this part contains rules for assignment of frequencies in the 470-512 MHz band.
(71) Subpart S of this part contains rules for assignment of frequencies in the 806-821/851-866 and 896-901/935-940 MHz bands.
(72) Assignment of frequencies above 928 MHz for operational-fixed stations is governed by part 101 of this chapter.
(73) Frequencies in this band are available only for one-way paging operations in accordance with § 90.494.
(74) Available only on a shared basis with stations in other services, and subject to no protection from interference due to the operation of industrial, scientific, or medical (ISM) devices. In the 2483.5-2500 MHz band, no applications for new or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, or on a subsequent date following as a result of submitting an application for license on or before July 25, 1985, are grandfathered and their operation is co-primary with the Radiodetermination Satellite Service.
(75) Use of frequencies in this band is limited to developmental operation and is subject to the provisions of subpart Q of this part.
(76) The frequencies in the band 10.55-10.68 GHz are available for Digital Termination Systems and for associated intermodal links in the Point-to-Point Microwave Service. No new licenses will be issued under this subpart but current licenses will be renewed.
(77) All communications on this frequency must be conducted within the boundaries or confines of the licensee's business premises.
(78) Base and mobile stations authorized as of April 1, 1968, may continue to be authorized for such operation on a secondary basis to the Maritime Mobile Service. The licensees of such stations may renew, modify, reinstate, or assign their licenses in those cases where such assignment accompanies a change of ownership of the licensee's
(79) Frequencies may be assigned in pairs with the separation between base and mobile transmit frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system. Base or mobile stations located 80.5 km (50 miles) or less from the center or any urbanized area of 600,000 or more population (U.S. Census of Population, 1970) must be operated in the half-duplex mode.
(80) Concurrence from the Petroleum Coordinator is required only for applications for this frequency that request authorization for transmitters in Arkansas, Louisiana, Oklahoma, or Texas.
(81) Concurrence from the Petroleum Coordinator is required only for applications for this frequency that request authorization for transmitters in Arkansas, Louisiana, Oklahoma, Oregon, Texas, or Washington.
(d)
(1) Frequencies may be substituted for those available below 25 MHz in accordance with the provisions of § 90.263.
(2) Frequencies in the band 73.0-74.6 MHz may be assigned to stations authorized their use on or before December 1, 1961, but no new stations will be authorized in this band, nor will expansion of existing systems be permitted. (See also § 90.257.)
(3) Frequencies in the 421-430 MHz band are available in the Detroit, Cleveland, and Buffalo areas in accordance with the rules in §§ 90.273 through 90.281.
(4) The following frequencies are available only in Puerto Rico and the Virgin Islands. These “Base and Mobile” and “Mobile only” frequencies are available on a shared basis with the Public Safety Pool. These “Mobile only” frequencies may be assigned to a control station associated with a mobile relay system if it is also assigned to the associated mobile station.
(5) Low power mobile stations of 100 mw or less output power used for one-way, non-voice medical telemetry operations in hospitals or in medical convalescent centers are subject to the provisions of § 90.238.
(6) The frequency band 33.00-33.01 MHz may be used for developmental operations subject to the provisions of subpart Q of this part. Any type of emission other than pulsed emission may be used if the bandwidth occupied by the emission is contained within the assigned frequency band.
(7) A railroad licensee, i.e., a licensee eligible for frequencies listed in § 90.35(b)(3) of this section that are coordinated by the railroad coordinator (LR), may operate radio units at fixed locations and in moving railroad locomotives/cars that transmit on the frequency 24.10 GHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the purpose of alerting motorists to the presence of an approaching train. Unattended and continuous operation of such transmitters will be permitted without additional authorization from
(e)
(1) Additional frequencies above 25 MHz may be assigned in connection with operation of mobile repeaters in accordance with § 90.247 notwithstanding this limitation.
(2) Frequencies in the ranges 30.56-30.57 MHz, 35.00-35.01 MHz, 35.99-36.00 MHz, and 37.00-37.01 MHz are available for developmental operation by applicants in this service subject to the provisions of subpart Q of this part, notwithstanding this limitation.
(3) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-928 MHz bands may be assigned for the operation of Location and Monitoring Service (LMS) systems in accordance with the provisions of subpart M of this part, notwithstanding this limitation.
(4) Authorizations for multiple frequencies for geophysical operations will be granted on the frequencies governed by the limitations in paragraphs (c) (3) and (4) of this section notwithstanding this limitation. However, each geophysical exploration party may only use a maximum of four frequencies at any one time.
(5) Authorization for more than one mobile frequency in the band 72-76 MHz will be issued notwithstanding this limitation.
(6) This limitation shall not apply to paragraph (c)(1) of this section.
(7) Frequencies in the 457 and 467 MHz bands may be assigned collectively as provided by paragraph (c)(60) of this section notwithstanding this limitation.
(f)
(g) The frequencies 10-490 kHz are used to operate electric utility Power Line Carrier (PLC) systems on power transmission lines for communications essential to the reliability and security of electric serviceto the public, in accordance with part 15 of this chapter. Any electric utility that generates, transmits, or distributes electrical energy for use by the general public or by the members of a cooperative organization may operate PLC systems and shall supply to a Federal Communications Commission/National Telecommunications and Information Administration recognized industry-operated entity, information on all existing, changes to existing, and proposed systems for inclusion in a data base. Such information shall include the frequency, power, location of transmitter(s), location of receivers and other technical and operational parameters, which would characterize the system's potential both to interfere with authorized radio users, and to receive harmful interference from these users. In an agreed upon format, the industry-operated entity shall inform the NTIA and the FCC of these system characteristics prior to implementation of any proposed PLC system and shall provide monthly or periodic lists with supplements of PLC systems. The FCC and NTIA will supply appropriate application and licensing information to the notification activity regarding authorized radio stations operating in the band. PLC systems in this band operate on a noninterference basis to radio systems assigned frequencies by the NTIA or licensed by the FCC and are not protected from interference due to these radio operations.
At 64 FR 36262, July 6, 1999, § 90.35 was amended by revising entries in the table in paragraph (b)(3) and by adding paragraphs (c)(80) and (c)(81), effective Aug. 5, 1999. At 64 FR 50467, Sept. 17, 1999, paragraphs (c)(80), (c)(81), and the following entries in the table in paragraph (b)(3) were stayed:
153.035 MHz through 153.4025 MHz, 153.4025 MHz through 153.4625 MHz, 153.485 MHz through 153.5225 MHz, 153.545 MHz through 153.5825 MHz, 153.605 MHz through 153.6425 MHz, 153.665 MHz through 153.6675 MHz, 158.145 MHz through 158.1825 MHz, 158.205 MHz through 158.2425 MHz, 158.265 MHz through 158.3325 MHz, 158.355 MHz through 158.3775 MHz, 158.415 MHz through 158.4375 MHz, 173.250 MHz, 173.300 MHz, 173.350 MHz, 451.175 MHz, 451.225 MHz, 451.275 MHz, 451.375 MHz, 451.425 MHz, 451.475 MHz, 451.525 MHz, 451.550 MHz, 451.575 MHz, 451.600 MHz, 451.625 MHz, 451.650 MHz, 451.675 MHz, 451.700 MHz, 451.750 MHz, 452.325 MHz, 452.375 MHz, 452.425 MHz, 452.475 MHz, 452.775 MHz, 452.825 MHz, 452.875 MHz, 456.175 MHz, 456.225 MHz, 456.275 MHz, 456.375 MHz, 456.425 MHz, 456.475 MHz, 456.525 MHz, 456.550 MHz, 456.575 MHz, 456.600 MHz, 456.625 MHz, 456.650 MHz, 456.675 MHz, 456.700 MHz, 456.750 MHz, 457.325 MHz, 457.375 MHz, 457.425 MHz, 457.475 MHz, 457.775 MHz, 457.825 MHz, 457.875 MHz, 462.475 MHz, 462.525 MHz, 467.475 MHz, and 467.525 MHz
The Radiolocation Service accommodates the use of radio methods for determination of direction, distance, speed, or position for purposes other than navigation. Rules as to eligibility for licensing, permissible communications, frequency available, and any special requirements are set forth in § 90.103. Provisions for the Location and Monitoring Service (LMS) are contained in subpart M of this part.
(a)
(1) Any person engaged in a commercial, industrial, scientific, educational, or local government activity
(2) A corporation or association that will furnish radiolocation service to other persons.
(3) A corporation that will furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary where the party to be served is regularly engaged in any of the eligibility activities set forth in this paragraph.
(b)
(c) Explanation of assignment limitations appearing in the frequency table of paragraph (b) of this section:
(1) This frequency band is shared with and stations operating in this frequency band in this service are on a secondary basis to stations licensed in
(2) This frequency band is shared with and stations operating in this frequency band in this service are on a secondary basis to the LORAN Navigation System; all operations are limited to radiolocation lands stations in accordance with footnote US104, § 2.106 of this chapter.
(3) [Reserved]
(4) Non-Government radiolocation service in this band is on a secondary basis to stations in the Aeronautical Radionavigation Service operating on 1638 or 1708 kHz.
(5) Station assignments on frequencies in this band will be made subject to the conditions that the maximum output power shall not exceed 375 watts and the maximum authorized bandwidth shall not exceed 2 kHz.
(6) Because of the operation of stations having priority on the same or adjacent frequencies in this or in other countries, frequency assignments in this band may either be unavailable of may be subject to certain technical of operational limitations. Therefore, applications for frequency assignments in this band shall include information concerning the transmitter output power; the type and directional characteristics of the antenna and the minimum hours of operation (GMT).
(7) This band is shared with the Disaster Communications Service (part 99) and operations are on a secondary basis to that service between local sunset and local sunrise, or at any time during an actual or imminent disaster. Local sunrise and sunset times shall be derived from the 1946 American Nautical Almanac. Each frequency assignment in this band is on an exclusive basis within the daytime primary service area to which assigned. The daytime primary service area is the area where the signal intensities are adequate for radiolocation purposes during the hours from sunrise to sunset from all stations in the radiolocation system of which the station in question is a part; that is, the primary service area of the station coincides with the primary service area of the system. The normal minimum geographical separation between stations of different licensees shall be at least 580 km. (360 mi.) when the stations are operated on the same frequency or on different frequencies separated by less than 3 kHz. Where geographical separation of less than 580 km. (360 mi.) is desired under these circumstances it must be shown that the desired separation will result in protection ratio of at least 20 decibels throughout the daytime primary service area of other stations. Applications in this band are placed on public notice in accordance with § 1.962 of this chapter. Where the number of applicants requesting authority to serve an area exceeds the number of frequencies available for assignment; or where it appears that fewer applicants or licensees than the number before it should be given authority to serve a particular area; or where it appears that an applicant, either directly or indirectly, seeks to use more than 25 kHz of the available spectrum space in this band, the applications may be designated for hearing.
(8) Frequencies in this band may only be assigned to radiolocation stations which are also assigned frequencies in the 1605-1800 kHz band, provided the use of frequencies in this band is necessary for the proper functioning of the particular radiolocation system. Operations in this band are on a secondary basis to stations operating in accordance with the Commission's table of frequency allocations contained in § 2.106 of this chapter.
(9) This band is allocated to the Radiolocation Service on a secondary basis to other fixed or mobile services and must accept any harmful interference that may be experienced from such services or from the industrial, scientific, and medical (ISM) equipment operating in accordance with part 18 of this chapter. In the 2483.5-2500 MHz band, no applications for new or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, or on a subsequent date following as a result of submitting an application for license on or before July 25, 1985, are grandfathered and their operation is co-primary with the Radiodetermination Satellite Service.
(10) Speed measuring devices will not be authorized in this band.
(11) This frequency band is shared with and is on a secondary basis to the Maritime Radionavigation Stations (part 80) and to the Government Radiolocation Service.
(12) This frequency is shared with and is on a secondary basis to the Government Radiolocation Service.
(13) Operations in this band are limited to survey operations using transmitters with a peak power not to exceed 5 watts into the antenna.
(14) This frequency band is shared with and is on a secondary basis to the Aeronautical Radionavigation Service (part 87) and to the Government Radiolocation Service.
(15) The non-Government Radiolocation Service in this band is secondary to the Maritime Radionavigation Stations (part 80), the Aeronautical Radionavigation Service (part 87) and the Government Radiolocation Service.
(16) This frequency band is shared with and is on a secondary basis to the Maritime Radionavigation Stations (part 80) and the Government Meteorological Aids Service.
(17) Operation in this frequency band is on a secondary basis to airborne Doppler radars at 8800 MHz.
(18) Radiolocation installations will be coordinated with the Government Meteorological Aids Service, and insofar as practicable, will be adjusted to meet the needs of that service.
(19) Operations in this band are on a secondary basis to the Amateur Radio Service (part 97). Pulsed emissions are prohibited.
(20) This band is restricted to radiolocation systems using type N0N emission with a power not to exceed 40 watts into the antenna.
(21) Non-Government radiolocation stations in the band are secondary to the Government Radiolocation Service, the Amateur Radio Service and the Amateur-Satellite Service. Pulse-ranging radiolocation stations in this band may be authorized along the shorelines of Alaska and the contiguous 48 states. Radiolocation stations using spread spectrum techniques may be authorized in the band 420-435 MHz for operation within the contiguous 48 states and Alaska. Also, stations using spread spectrum techniques shall be limited to a maximum output power of 50 watts, shall be subject to the applicable technical standards in § 90.209 until such time as more definitive standards are adopted by the Commission and shall identify in accordance with § 90.425(c)(3). Authorizations will be granted on a case-by-case basis; however, operations proposed to be located within the zones set forth in § 90.177(e) should not expect to be accommodated.
(22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only unmodulated, continuous wave (NON) emission shall be employed. The frequency 24.10 GHz, and frequencies in the 24.20-24.25 GHz band may use NON emission along with an ancillary FM digital emission. The frequency 24.10 GHz will be used for the purpose of alerting motorists of hazardous driving conditions and the presence of emergency vehicles. Equipment operating on 24.10 GHz must keep the deviation of the FM digital signal within
(23) Devices designed to operate as field disturbance sensors on frequencies between 2450 and 2500 MHz with a field strength equal to or less than 50,000 microvolts per meter at 30 meters, on a fundamental frequency, will not be licensed or certificated for use under this part. Such equipment must comply with the requirements for field disturbance sensors as set forth in part 15 of this chapter.
(24) Devices designed to operate as field disturbance sensors on frequencies between 10,500 and 10,550 MHz and between 24,050 and 24,250 MHz, with field strength equal to or less than 250,000 microvolts per meter at 30 meters, on the fundamental frequency, will not be licensed or certificated for use under this part. Such equipment must comply with the requirements for field disturbance sensors as set forth in part 15 of this chapter.
(25) Station assignments on frequencies in this band will be made subject to the conditions that the maximum output power shall not exceed 375 watts and the maximum authorized bandwidth shall not exceed 1.0 kHz.
(26) Each frequency assignment in this band is on an exclusive basis within the primary service area to which assigned. The primary service area is the area where the signal intensities are adequate for radiolocation purposes from all stations in the radiolocation system of which the station in question is a part; that is, the primary service area of the station coincides with the primary service area of the system. The normal minimum geographical separation between stations of different licensees shall be at least 1931 km (1200 miles) when the stations are operated on the same frequency or on different frequencies separated by less than 1.0 kHz. Where geographical separation of less than 1931 km (1200 miles) is requested under these circumstances, it must be shown that the desired separation will result in a protection ratio of at least 20 decibels throughout the primary service area of other stations.
(27) Notwithstanding the bandwidth limitations otherwise set forth in this section of the rules, wideband systems desiring to operate in this band may use such bandwidth as is necessary for proper operation of the system provided that the field strength does not exceed 120 microvolts per meter per square root Hertz (120 uv/m/Hz
(28) Since the 1605-1705 kHz band has been reallocated for AM broadcasting, no new assignments in the 1605-1705 kHz portion of this band shall be made after September 30, 1985.
(29) Beginning July 1, 1987, licensees of existing systems authorized frequencies in the 1605-1705 kHz portion of this band may request modification of their authorizations to change frequencies to the 1900-2000 kHz band.
(30) Until July 1, 1988, this band will be available only for licensees of existing systems operating in the 1605-1705 kHz portion of the 1605-1715 kHz band requesting modification of their authorizations to change frequencies to this band and for licensees of wideband systems. On July 1, 1988, requests for new station authorizations in this band will be accepted and, if necessary, will be subject to the random selection procedures outlined in § 1.972 of the Commission's Rules.
(31) This frequency band is shared with and is on secondary basis to the Fixed-Satellite Service and to the Government's Radiolocation, Space Research and Earth Exploration-Satellite Services. After January 1, 2000, the Government's Space Research and Earth Exploration-Satellite Services shall operate on a co-equal secondary basis with the non-Government Radiolocation Service, except that grandfathered space stations in the Tracking and Data Relay Satellite System shall continue to be protected from harmful interference.
(d)
For
This subpart supplements Title 47, chapter 1, subpart F of the Code of Federal Regulations which establishes the requirements and conditions under which commercial and private radio stations may be licensed and used in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the services governed by this part 90.
(a) No station authorization in the radio services governed by this part shall be granted to or held by a foreign government or its representative.
(b) No station authorization in the radio services governed by this part shall be granted to or held by an entity providing or seeking to provide commercial mobile radio services (except such entities meeting the requirements of § 20.9(c) of this chapter) if such entity is:
(1) An alien or the representative of any alien;
(2) A corporation organized under the laws of any foreign government;
(3) A 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) A 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.
(a) Part 1, subpart F of this chapter contains the application filing procedures for the Wireless Telecommunications Services, including applications for new base, fixed, or mobile station authorizations governed by this part.
(b) If the control station(s) will operate on the same frequency as the mobile station, and if the height of the control station(s) antenna(s) will not exceed 6.1 meters (20 feet) above ground or an existing man-made structure (other than an antenna structure), there is no limit on the number of such stations which may be authorized. Appropriate items on FCC Form 601 shall be completed showing the frequency, the station class, the total number of control stations, the emission, and the output power of the highest powered control station. Applicants in the 470-512 MHz band must furnish the relevant information for all control stations.
Form 410 shall be filed by Canadian licensees desiring to operate in the United States under the terms of Article 2 and 3 of the Convention between the United States and Canada concerning operation of Certain Radio Equipment or Stations (which entered into force May 15, 1952). This form may be obtained from the Department of Communications, Ottawa, Canada. That department should also be consulted by U.S. licensees desiring to operate in Canada.
(a) Applications should be filed in accordance with part 1, subpart F of this chapter.
(b) Each application shall limit its request for authorized mobile transmitters and paging receivers to:
(1) Mobile transmitters and paging receivers that will be installed and operated immediately after authorization issuance.
(2) Mobile transmitters and paging receivers for which purchase orders have already been signed and which will be in use within eight months of the authorization date.
(c) All applications for modification of license and renewal of license must include the number of mobile transmitters and paging receivers in use on the licensed facilities.
Each application under this part that is received by the Commission, through the application process outlined in part 1, subpart F, must be accompanied by the applicable information listed below:
(a) Evidence of frequency coordination as required by § 90.175.
(b) Description of any equipment proposed to be used if it is not approved for use under this part.
(c) [Reserved]
(d) Applicants proposing to share their authorized transmitters pursuant to § 90.179 shall so indicate in their application.
(e) [Reserved]
(f) Statements required in connection with developmental operation, as specified in § 90.505.
(g) The environmental assessment required by §§ 1.1307 and 1.1311 of the rules, if applicable.
(h) Requests for authorization to communicate with foreign stations in accordance with § 90.20(b) or § 90.417;
(i) Showings required in connection with the use of frequencies as specified in subppart S.
(j) Any other statements or other data specifically required under special circumstances which are set forth in the applicable subpart of this part, by the particular form on which the application is filed or upon request by the Commission.
(k) If the applicant proposes to use a multiple-licensed transmitter, he must provide the name of the owner and the names and call signs of any other licensees of that transmitter.
(l) Applicants for new land stations to be interconnected with the public switched telephone network must indicate on their applications that their stations will be interconnected.
(m) Applicants requesting licenses to operate on frequencies pursuant to § 90.20(d)(6) must submit disaster communications plans containing the following information:
(1) A system network/system use diagram including a showing of emergency power and methods of deployment to all parts of the State or insular area;
(2) A designation of the responsible governmental authority within the State or insular area who will be the controlling agency for the licensee;
(3) A schedule of proposed drills and/or exercises by the participants;
(4) The number of frequencies in each band, and the type of emission required by the applicant;
(5) The distances expected to be covered within that State or insular area;
(6) The adjacent states and insular areas expected to be communicated with during a regional disaster or emergency;
(7) The point of contact for emergencies involving more than one State or insular area;
(8) The common frequency band(s) and number of frequencies in each band required for interstate communication, and the point(s) of contact for these adjacent States or insular areas;
(9) The format and emission parameters of radio teletype transmissions to be used for interstate communications.
(n) All applications for renewal of base/mobile station licenses by licensees who also operate wildlife tracking telemetry transmitters, as described in § 90.20(f)(7), must include a statement detailing the number of units in service, by frequency, on Public Safety Pool frequencies at the time the renewal application is filed.
(o) Applicants requesting licenses to operate on frequencies pursuant to § 90.35(c)(1) must submit communications plans containing the following information:
(1) A description of the communication requirement sufficient to demonstrate that no alternative to the link is appropriate and that there is no reasonable way to abbreviate the link;
(2) The frequency bands and the number of frequencies necessary for the link(s);
(3) The name and phone number of the person(s) responsible for ceasing operations of the licensee's stations in the event of interference; and,
(4) Where the link(s) provides a standby backup circuit for another communications circuit, a brief description of the supported circuit and its vulnerability to disruption.
For
(a) In addition to those changes listed in § 1.929(k) of this chapter and in accordance with § 1.947 of this chapter the following modifications may be made to an existing authorization without prior Commission approval:
(1) Change in the number and location of station control points or of control stations operating below 470 or above 800 MHz meeting the requirements of § 90.119(b) of this part.
(2) Change in the number of mobile units operated by Radiolocation Service licensees.
(b) Unless specifically exempted in § 90.175 of this part, licensees must submit a Form 601 application for modification to the applicable frequency coordinator for any change listed in § 1.929(c)(4) of this chapter.
At 64 FR 36269, July 6, 1999, § 90.135 was amended by removing and reserving paragraph (b)(5), revising paragraph (a)(2), and revising the first sentence in paragraph (d), effective Aug. 5, 1999. However, § 90.135, as revised at 63 FR 68963, Dec. 14, 1998, effective Feb. 12, 1999, does not contain paragraphs (b)(5) or (d), and the revisions could not be made. For the convenience of the user, the revised text is set forth as follows:
(a) * * *
(2) Change in the type of emission.
(d) In case of a change listed in paragraphs (b)(1) or (b)(2) of this section, the licensee must notify the Commission immediately. * * *
(a) An application for authority to operate a base or a fixed transmitter at temporary locations shall be filed in accordance with § 1.931 of this chapter and the following:
(1) When one or more individual transmitters are to be operated by a licensee as a base station or as a fixed station at unspecified or temporary locations for indeterminate periods, such transmitters may be considered to comprise a single station intended to be operated at temporary locations.
(2) The application must specify the general geographic area within which the operation will be confined. The area may be specified as a city, a county or counties, a state or states or other definable geographic area such as a specified radius around a particular city or known geographic site.
(3) Applications for operation at temporary locations exceeding 180 days must be accompanied by evidence of frequency coordination, except that applications for operation at temporary locations exceeding 180 days by applicants using 220-222 MHz spectrum for geophysical telemetry operations need not be accompanied by evidence of frequency coordination.
(b) When any unit or units of a base station or fixed station which are authorized for operation at temporary locations actually remain or are intended to remain at the same location for more than 1 year, an application for a separate authorization specifying the fixed location shall be made as soon as possible, but not later than 30 days after the expiration of the 1-year period.
An application for authority to conduct an itinerant operation in the Industrial/Business Pool must be restricted to use of itinerant frequencies or other frequencies not designated for permanent use and need not be accompanied by evidence of frequency coordination. Users should be aware, however, that no protection is provided from interference from other itinerant operations.
(a) Licenses for stations authorized under this part will be issued for a term not to exceed five (5) years from the date of the original issuance, modification, or renewal, except that the license term for stations licensed as commercial mobile radio service on
(b) [Reserved]
(c) Authorizations for stations engaged in developmental operation under subppart Q of this part will be issued upon a temporary basis for a specific period of time, but in no event to extend beyond 1 year from date of original issuance, modification or renewal.
(d) Nationwide authorizations under subpart T of this part will be issued for a term not to exceed ten years from the date of the original issuance, modification or renewal.
(a) All stations authorized under this part, except as provided in paragraphs (b) and (d) of this section and in §§ 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation within eight (8) months from the date of grant or the authorization cancels automatically and must be returned to the Commission.
(b) For local government entities only, a period longer than eight months for placing a station in operation may be authorized by the Commission on a case-by-case basis, where the applicant submits a specific schedule for the completion of each portion of the entire system, along with a showing that the system has been approved and funded for implementation in accordance with that schedule. See also §§ 90.631 and 90.633.
(c) For purposes of this section, a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in operation. See also §§ 90.633(d) and 90.631(f).
(d) Multilateration LMS EA-licensees, authorized in accordance with § 90.353 of this part, must construct and place in operation a sufficient number of base stations that utilize multilateration technology (see paragraph (e) of this section) to provide multilateration location service to one-third of the EA's population within five years of initial license grant, and two-thirds of the population within ten years. In demonstrating compliance with the construction and coverage requirements, the Commission will allow licensees to individually determine an appropriate field strength for reliable service, taking into account the technologies employed in their system design and other relevant technical factors. At the five and ten year benchmarks, licensees will be required to file a map and FCC Form 601 showing compliance with the coverage requirements (
(e) A multilateration LMS station will be considered constructed and placed in operation if it is built in accordance with its authorized parameters and is regularly interacting with one or more other stations to provide location service, using multilateration technology, to one or more mobile units. Specifically, LMS multilateration stations will only be considered constructed and placed in operation if they are part of a system that can interrogate a mobile, receive the response at 3 or more sites, compute the location from the time of arrival of the responses and transmit the location either back to the mobile or to a subscriber's fixed site.
A station license shall cancel automatically upon permanent discontinuance of operations. Unless stated otherwise in this part or in a station authorization, for the purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued.
(a) An applicant for a license under this part (other than a commercial mobile radio license) utilizing an already licensed facility may operate the radio station(s) for a period of up to one hundred eighty (180) days after submitting a Form 601 application for a station license in accordance with § 90.127 of this part, provided that all the antennas employed by control stations are 6.1 meters (20 feet) or less above ground or 6.1 meters (20 feet) or less above a man-made structure other than an antenna tower to which it is affixed. When required by § 90.175 of this part, applications must be accompanied by evidence of frequency coordination. The temporary operation of stations, other than mobile stations within the Canadian coordination zone is limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 6.1 meters (20 ft) above average terrain.
(b) An applicant proposing to operate a new land mobile radio station or modify an existing station below 470 MHz or in the one-way paging 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) that is required to submit a frequency recommendation pursuant to paragraphs (b) through (h) of § 90.175 of this part may operate the proposed station during the pendency of its application for a period of up to one hundred eighty (180) days upon the filing of a properly completed formal Form 601 application that complies with § 90.127 of this part if the application is accompanied by evidence of frequency coordination in accordance with § 90.175 of this part and provided that the following conditions are satisfied:
(1) For applicants proposing to operate below 470 MHz, that the proposed station location is south of Line A or west of Line C as defined in § 90.7; for applicants in the one-way paging 929-930 MHz band, that the proposed station location is west of Line C as defined in § 90.7.
(2) The proposed antenna structure has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by § 17.4 of the Commission's Rules; or the proposed antenna or tower structure does not exceed 6.1 meters (20 feet) above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC.
(3) The grant of the application does not require a waiver of the Commission's Rules.
(4) The applicant has determined that the proposed facility will not significantly affect the environment as defined in § 1.1307.
(5) The applicant has determined that the proposed station affords the level of protection to radio “quiet” zones and monitoring facilities as specified in § 90.177.
(6) The applicant has submitted an application to the Commission stating the frequency the applicant intends to use and that the frequency coordination requirements specified in § 90.175 for selection and use of this frequency have been met and a minimum of ten business days has passed between submission of the application to the Commission and the onset of operation.
(c) An applicant proposing to operate an itinerant station or an applicant seeking the assignment of authorization or transfer of control of a license for an existing station below 470 MHz or in the 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) may operate the proposed station during the pendency of the application for a period not to exceed one hundred eighty (180) days upon the filing of a properly completed formal Form 601 application that complies with § 90.127 of this part. Conditional authority ceases immediately if the application is dismissed by the Commission. All other categories of applications listed in § 90.175(i) of this part that do not require evidence of frequency coordination are excluded from the provisions of this section.
(d) Conditional authorization does not prejudice any action the Commission may take on the subject application. Conditional authority is accepted with the express understanding that
(e) The transmissions of new stations operating pursuant to conditional authority shall be identified by a temporary call sign consisting of the prefix “WT” followed by the applicant's local seven digit business telephone number as provided in § 2.302. Transmissions by applicants for the modification, assignment of authorization or transfer of control of an existing station shall be identified by the station's call sign.
The following rules (§ 90.165 through § 90.169) govern applications, licensing, and operation of radio facilities in the 220-222 MHz (subpart T), Business Radio (subpart D), 929-930 MHz Paging (subpart P), and Specialized Mobile Radio (subpart S) services that are used to provide commercial mobile radio services (see §§ 20.3 and 20.9 of this chapter). Compliance with the rules relating to applications and licensing of facilities on paging-only channels in the Business Radio Service (see § 90.75(c)(10)) and 929-930 MHz paging channels (see § 90.494(a),(b)) is not required prior to August 10, 1996. Compliance with § 90.168 is also not required prior to August 10, 1996 for reclassified commercial mobile radio service providers who are to be regulated as private carriers until August 10, 1996 as provided in the Second Report and Order in GN Docket No. 93-252, 9 FCC Rcd 2348 (1994), paras. 280-284. The licensing and operation of radio facilities in the 220-222 MHz (subpart T), Business Radio (subpart D), 929-930 MHz Paging (subpart P), and Specialized Mobile Radio (subpart S) services that are used to provide commercial mobile radio services are also subject to rules elsewhere in this part that apply generally to Private Land Mobile Radio Services. In the case of any conflict between rules set forth in §§ 90.165 through 90.169 and other rules in this part, §§ 90.165 through 90.169 apply. 14-23. New §§ 90.165 through 90.169 are added to subpart G to read as follows:
Mutually exclusive commercial mobile radio service applications are processed in accordance with part 1 of this chapter and with the rules in this section, except for mutually exclusive applications for licenses in the 220-222 MHz service and the 929-930 MHz Paging service, which are processed in accordance with the rules in subpart P and subpart T of this part.
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 services involved.
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(3)
(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.
(4)
(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 Commission administers competitive bidding procedures in accordance with subpart Q of part 1 of this chapter. 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 or an application for facilities, 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 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 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)
(1) The “filing date” of an application is the date on which that application was received in a condition acceptable for filing or the date on which the most recently filed major amendment to that application was received, whichever is later, excluding major amendments in the following circumstances:
(i) The major amendment reflects only a change in ownership or control found by the Commission to be in the public interest;
(ii) The major amendment as received is defective or otherwise found unacceptable for filing; or
(iii) The application being amended has been designated for hearing and the Commission or the presiding officer accepts the major amendment.
(2) An “application for initial authorization” is:
(i) Any application requesting an authorization for a new system or station;
(ii) Any application requesting authorization for an existing station to operate on an additional channel, unless the additional channel is for paired two-way radiotelephone operation, is in the same frequency range as the existing channel(s), and will be operationally integrated with the existing channel(s) such as by trunking; or
(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.
Pursuant to § 1.946 of this chapter, unless otherwise specified in this part, all 220-222 MHz, private carrier paging, Industrial/Business Pool, and SMR licensees must commence service within twelve (12) months from the date of grant or the authorization cancels automatically.
Commercial Mobile Radio 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)
(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
(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 insure 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 (Commission), 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 Commission, or other appropriate agency if they believe they have been discriminated against.
(C) Placing employment advertisements in media which have significant circulation among minority 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
(b)
Commercial mobile radio service licensees having sixteen (16) or more full-time employees that do not have a current EEO statement on file with the Commission as of January 2, 1995, must file the statement required by this paragraph no later than May 31, 1995.
(c)
(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 Commission in lieu of a report.
(d)
(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 Commission maintains a liaison with that agency that keeps the Commission 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 Commission 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 Commission.
(4) The Commission 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 Commission under § 1.815(a) of this chapter are investigated by the Commission.
(e)
(f)
Applicants may construct facilities prior to grant of their applications, subject to the provisions of this section, but must not operate such facilities until the Commission grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities.
(a)
(b)
(c)
(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 Commission rules and orders.
(d)
(1) The application is not mutually exclusive with any other application;
(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 Commission rules;
(4) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the Commission;
(5) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with §§ 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required.
This subpart contains detailed information concerning the policies under which the Commission assigns frequencies for the use of licensees under this part, frequency coordination procedures, and procedures under which licensees may cooperatively share radio facilities.
(a) Except as indicated in paragraph (j) of this section, the frequencies which ordinarily may be assigned to stations in the services governed by this part are listed in subparts B, C and F of this part. Except as otherwise specifically provided in this part, frequencies assigned to land mobile stations are available on a shared basis only and will not be assigned for the exclusive use of any licensee.
(b) All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further the use of any frequency at a given geographical location may be denied when, in the judgment of the Commission, its use in that location is not in the public interest; the use of any frequency may be restricted as to specified geographical areas, maximum power, or such other operating conditions, contained in this part or in the station authorization.
(c) Frequencies allocated for Federal Government radio stations under Executive order of the President may be authorized for the use of stations in these services upon appropriate showing by the applicant that such assignment is necessary for inter-communication with government stations or required for coordination with activities of the Federal Government, and where the Commission finds, after consultation with the appropriate government agency or agencies, that such assignment is necessary.
(d) The radio facilities authorized under this part are intended for use in connection with and as an adjunct to the primary governmental or business activities of the licensee.
(e) Persons requesting authority to operate in the band 25-50 MHz should recognize that this band is shared with various services in other countries and that harmful interference may be caused by the propagation of signals in this band from distant stations. No protection from such harmful interference generally can be expected.
(f) Applications for stations in the 150-174 MHz and 421-512 MHz bands for operation on frequencies 15 kHz or less removed from existing stations in the same geographic area will be granted based upon a recommendation from the applicable frequency coordinator as specified in §§ 90.20(c)(2) and 90.35(b)(2).
(g) In the states of Alaska and Hawaii, and in areas outside the continental limits of the United States and the adjacent waters, the frequencies above 150.8 MHz which are listed elsewhere in this part as available for assignment to base stations or mobile stations in the Industrial/Business Pool are also available for assignment to operational fixed stations in the Industrial/Business Pool on a secondary basis.
(h) In the Public Safety Pool, base stations may be authorized to operate on a secondary basis on frequencies below 450 MHz which are available to mobile stations.
(i) In the 450-470 MHz band, the frequencies are ordinarily assigned in pairs, with the mobile station transmit frequency 5 MHz above the paired base station transmit frequency. In the 470-512 MHz band, the frequencies are ordinarily assigned in pairs with the mobile station transmit frequency 3 MHz above the paired base station transmit frequency. In the Industrial/Business Pool, in the 150 MHz band, the frequencies subject to § 90.35(c)(6) may be assigned in pairs with the separation between base and mobile frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single-frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system.
(j) Frequencies other than those listed in subparts B and C of this part may be assigned in the 150-174 MHz, 421-430 MHz, 450-470 MHz, and 470-512 MHz bands, provided the following conditions are met:
(1) Such applications must be accompanied by a showing of frequency coordination in accordance with the requirements of § 90.175;
(2) The frequencies must not be available in any other rule part of this chapter; and
(3) The authorized bandwidth of any system operating in accordance with this paragraph must not overlap spectrum available in other rule parts of
(k) This paragraph is only applicable to entities with Finder's Preference requests pending before the Commission as of July 29, 1998. Notwithstanding any other provisions of this part, any eligible person shall be given a dispositive preference for a channel assignment on an exclusive basis in the 220-222 MHz, 470-512 MHz, and 800/900 MHz (except on frequencies designated exclusively for SMR service) bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing licensees to comply with the provisions of §§ 90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 (c) or (d).
(l) In the 150-174 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. Authorizations for all other frequencies in this band will be granted with channel bandwidths of 12.5 kHz or less (
(m) In the 421-512 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. New authorizations for frequencies 12.5 kHz removed from these frequencies will be made for channel bandwidths of 12.5 kHz or less (
(n) Any recovered channels in the 800 MHz SMR service will revert automatically to the holder of the EA license within which such channels are included. If there is no EA licensee for recovered channels, such channels will be retained by the Commission for future licensing.
Except for applications listed in paragraph (i) of this section, each application for a new frequency assignment, for a change in existing facilities as listed in § 90.135(a), or for operation at temporary locations in accordance with § 90.137 must include a showing of frequency coordination as set forth below.
(a) Frequency coordinators may request, and applicants are required to provide, all appropriate technical information, system requirements, and justification for requested station parameters when such information is necessary to identify and recommend the most appropriate frequency. Additionally, applicants bear the burden of proceeding and the burden of proof in requesting the Commission to overturn a coordinator's recommendation.
(b)
(2) On frequencies designated for coordination or concurrence by a specific frequency coordinator as specified in
(3) In instances where a frequency coordinator determines that an applicant's requested frequency or the most appropriate frequency is one designated for coordination by a specific frequency coordinator as specified in §§ 90.20(c)(3) and 90.35(b)(3), that frequency coordinator may forward the application directly to the appropriate frequency coordinator. A frequency coordinator may only forward an application as specified above if consent is obtained from the applicant.
(c)
(d)
(e)
(f) For frequencies in the 929-930 MHz band listed in paragraph (b) of § 90.494: A statement is required from the coordinator recommending the most appropriate frequency.
(g) Any recommendation submitted in accordance with paragraphs (a), (c), (d), or (e) of this section is advisory in character and is not an assurance that the Commission will grant a license for operation on that frequency. Therefore, applicants are strongly advised not to purchase radio equipment operating on specific frequencies until a valid authorization has been obtained from the Commission.
(h) Applications for facilities near the Canadian border north of line A or east of line C in Alaska may require coordination with the Canadian government. See § 1.955 of this chapter.
(i) The following applications need not be accompanied by evidence of frequency coordination:
(1) Applications for frequencies below 25 MHz.
(2) Applications for a Federal Government frequency.
(3) Applications for frequencies in the 72-76 MHz band except for mobile frequencies subject to § 90.35(c)(77).
(4) Applications for a frequency to be used for developmental purposes.
(5) Applications in the Industrial/Business Pool requesting a frequency designated for itinerant operations, and applications requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz.
(6) Applications in the Radiolocation Service.
(7) [Reserved]
(8) Applications for frequencies listed in the SMR tables contained in §§ 90.617 and 90.619.
(9) Applications indicating license assignments such as change in ownership, control or corporate structure if there is no change in technical parameters.
(10) Applications for mobile stations operating in the 470-512 MHz band, 764-776/794-806 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis in the proposed area of operation.
(11) Applications for add-on base stations in multiple licensed systems operating in the 470-512 MHz, 764-776/794-806 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis.
(12) Applications for control stations operating below 470 MHz, 764-776/794-806 MHz, or above 800 MHz and meeting the requirements of § 90.119(b).
(13) Applications for frequencies in the 216-220 and 1427-1435 MHz bands.
(14) Applications for frequencies in the 220-222 MHz band.
At 65 FR 53645, Sept. 5, 2000, § 90.175 was amended by revising paragraphs (e) and (i)(10) through (12), effective Nov. 6, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(e)
(i) * * *
(10) Applications for mobile stations operating in the 470-512 MHz band or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis in the proposed area of operation.
(11) Applications for add-on base stations in multiple licensed systems operating in the 470-512 MHz band or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis.
(12) Applications for control stations operating below 470 or above 800 MHz and meeting the requirements of § 90.119(a)(2)(ii).
(a)
(1) The applicable frequency coordinator for each frequency is specified in the coordinator column of the frequency tables of §§ 90.20(c)(3) and 90.35(b)(3).
(2) For frequencies that do not specify any frequency coordinator, all certified in-pool coordinators must be notified.
(3) For frequencies that are shared between the Public Safety Pool and the Industrial/Business Pool (frequencies subject to §§ 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the PublicSafety Pool, and subject to §§ 90.35(c)(13), (c)(25), or (d)(4) in the Industrial/Business Pool), all certified coordinators of both pools must be notified.
(b)
(c)
(d) Each frequency coordinator must also notify all other certified in-pool coordinators on any day that the frequency coordinator does not make any frequency recommendations.
(e) Notification must be made to all coordinators at approximately the same time and can be made using any method that ensures compliance with the one business day requirement.
(f) At a minimum the following information must be included in each notification:
(1) Name of applicant;
(2) Frequency or frequencies recommended;
(3) Antenna locations and heights;
(4) Effective radiated power (ERP);
(5) Type(s) of emissions;
(6) Description of the service area; and
(7) Date and time of recommendation.
(g) Upon request, each coordinator must provide any additional information requested from another certified coordinator regarding a pending recommendation that it has processed but has not yet been granted by the Commission.
(h) It is the responsibility of each coordinator to insure that its frequency recommendations do not conflict with the frequency recommendations of any other frequency coordinator. Should a conflict arise, the affected coordinators are jointly responsible for taking action to resolve the conflict, up to and including notifying the Commission that an application may have to be returned.
At 65 FR 53645, Sept. 5, 2000, § 90.176 was revised. This section contains information collection requirements and will not be effective until approved by the Office of Management and Budget. For the convenience of the reader, the superseded text is set forth as follows:
(a)
(1) The applicable frequency coordinator for each frequency is specified in the coordinator column of the frequency tables of §§ 90.20(c)(3) and 90.35(b)(3).
(2) For frequencies that do not specify any frequency coordinator, all certified in-pool coordinators must be notified.
(3) For frequencies that are shared between the Public Safety Pool and the Industrial/Business Pool (frequencies subject to §§ 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety Pool, and subject to §§ 90.35(c)(13), (c)(25), or (d)(4) in the Industrial/Business Pool), all certified coordinators of both pools must be notified.
(b)
(c) Each frequency coordinator must also notify all other certified in-pool coordinators on any day that the frequency coordinator does not make any frequency recommendations.
(d) Notification must be made to all coordinators at approximately the same time and can be made using any method that ensures compliance with the one business day requirement.
(e) At a minimum the following information must be included in each notification:
(1) Name of applicant;
(2) Frequency or frequencies recommended;
(3) Antenna locations and heights;
(4) Effective radiated power (ERP);
(5) Type(s) of emissions;
(6) Description of the service area; and
(7) Date and time of recommendation.
(f) Upon request, each coordinator must provide any additional information requested from another certified coordinator regarding a pending recommendation that it has processed but has not yet been granted by the Commission.
(g) It is the responsibility of each coordinator to insure that its frequency recommendations do not conflict with the frequency recommendations of any other frequency coordinator. Should a conflict arise, the affected coordinators are jointly responsible for taking action to resolve the conflict, up to and including notifying the Commission that an application may have to be returned.
Licensees of radio stations authorized under this rule part may share the use of their facilities. A station is shared when persons not licensed for the station control the station for their own purposes pursuant to the licensee's authorization. Shared use of a radio station may be either on a non-profit cost shared basis or on a for-profit private carrier basis. Shared use of an authorized station is subject to the following conditions and limitations:
(a) Persons may share a radio station only on frequencies for which they would be eligible for a separate authorization.
(b) The licensee of the shared radio station is responsible for assuring that the authorized facility is used only by persons and only for purposes consistent with the requirements of this rule part.
(c) Participants in the sharing arrangement may obtain a license for their own mobile units (including control points and/or control stations for
(d) If the licensee shares the land station on a non-profit, cost shared basis to the licensee, this shared use must be pursuant to a written agreement between the licensee and each participant which sets out (1) the method of operation, (2) the components of the system which are covered by the sharing arrangements, (3) the method by which costs are to be apportioned, and (4) acknowledgement that all shared transmitter use must be subject to the licensee's control. These agreements must be kept as part of the station records.
(e) If the land station which is being shared is interconnected with the public switched telephone network, the provisions of § 90.477
(f) Above 800 MHz, shared use on a for-profit private carrier basis is permitted only by SMR, Private Carrier Paging, and LMS licensees. See subparts M, P, and S of this part.
(g) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part.
Two or more persons eligible for licensing under this rule part may be licensed for the same land station under the following terms and conditions.
(a) Each licensee complies with the general operating requirements set out in § 90.403 of the rules.
(b) Each licensee is eligible for the frequency(ies) on which the land station operates.
(c) If the multiple licensed base station is interconnected with the public switched telephone network, the provisions of § 90.477
(a) Applicants for trunked systems operating on frequencies between 150 and 512 MHz (except 220-222 MHz) must indicate on their applications (class of station code, instructions for FCC Form 601) that their system will be trunked. Licensees of stations that are not trunked, may trunk their systems only after modifying their license (see § 1.927 of this chapter).
(b) In the bands between 150 and 512 MHz, trunking may be authorized under the following conditions:
(1) Where applicants for or licensees operating in the 470-512 MHz band meet the loading requirements of § 90.313 and have exclusive use of their frequencies in their service area.
(2) Trunking will be permitted on frequencies where an applicant or licensee does not have an exclusive service area provided that all frequency coordination requirements are complied with and written consent is obtained from affected licensees using either the procedure set forth in (b)(2)(i) and (b)(2)(ii) of this section (mileage separation) or the procedure set forth in (b)(2)(iii) (protected contours).
(i) Stations that have assigned frequencies (base and mobile) that are 15 kHz or less removed from proposed stations that will operate with a 25 kHz channel bandwidth; stations that have assigned frequencies (base and mobile) that are 7.5 kHz or less removed from proposed stations that will operate with a 12.5 kHz bandwidth; or stations that have assigned frequencies (base and mobile) 3.75 kHz or less removed from proposed stations that will operate with a 6.25 kHz bandwidth; and
(ii) Stations with service areas (37 dBu contour for stations in the 150-174 MHz band and 39 dBu contour for stations in the 421-512 MHz bands; see § 90.205) that overlap a circle with radius 113 km (70 mi.) from the proposed base station.
(iii) In lieu of the mileage separation procedure set forth in (b)(2)(i) and (b)(2)(ii) of this section, applicants for trunked facilities may obtain consent only from stations that would be subjected to objectionable interference from the trunked facilities. Objectionable interference will be considered to
(A) For trunked stations proposing 25 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 15 kHz or less from the proposed trunked station.
(B) For trunked stations proposing 12.5 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 7.5 kHz or less from the proposed trunked station.
(C) For trunked stations proposing 6.25 kHz channel bandwidth: Existing co-channel stations and existing stations that have an operating frequency 3.75 kHz or less from the proposed trunked station.
(iv) The calculation of service and interference contours referenced in paragraph (iii) of this section shall be done using generally accepted engineering practices and standards which, for purposes of this rule section, shall presumptively be the practices and standards agreed to by a consensus of all certified frequency coordinators.
(v) The written consent from the licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)C of this section shall specifically state all terms agreed to by the parties and shall be signed by the parties. The written consent shall be maintained by the operator of the trunked station and be made available to the Commission upon request. The submission of a coordinated trunked application to the Commission shall include a certification from the applicant that written consent has been obtained from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that the written consent documents encompass the complete understandings and agreements of the parties as to such consent; and that the terms and conditions thereof are consistent with the Commission's rules. Should a potential applicant disagree with a certified frequency coordinator's determination that objectionable interference exists with respect to a given channel or channels, that potential applicant may request the Commission to overturn the certified frequency coordinator's determination. In that event, the burden of proving by clear and convincing evidence that the certified frequency coordinator's determination is incorrect shall rest with the potential applicant. If a licensee has consented to the use of trunking, but later decides against the use of trunking, that licensee may request that the licensee(s) of the trunked system(s) cease the use of trunking. Should the trunked station(s) decline the licensee's request, the licensee may request a replacement channel from the Commission. A new applicant whose interference contour overlaps the service contour of a trunked licensee will be assigned the same channel as the trunked licensee only if the trunked licensee consents in writing and a copy of the written consent is submitted to the certified frequency coordinator responsible for coordination of the application.
(c) Trunking of systems licensed on paging-only channels or licensed in the Radiolocation Service (subpart F) is not permitted.
(d) Potential applicants proposing trunked operation may file written notice with any certified frequency coordinator for the pool (Public Safety or Industrial/Business) in which the applicant proposes to operate. The notice shall specify the channels on which the potential trunked applicant proposes to operate and the proposed effective radiated power, antenna pattern, height above ground, height above average terrain and proposed channel bandwidth. On receipt of such a notice, the certified frequency coordinator shall notify all other certified frequency coordinators in the relevant pool within one business day. For a period of sixty days thereafter, no application will be accepted for coordination which specifies parameters that
(e) No more than 10 channels for trunked operation in the Industrial/Business Pool may be applied for in a single application. Subsequent applications, limited to an additional 10 channels or fewer, must be accompanied by a certification, submitted to the certified frequency coordinator coordinating the application, that all of the applicant's existing channels authorized for trunked operation have been constructed and placed in operation. Certified frequency coordinators are authorized to require documentation in support of the applicant's certification that existing channels have been constructed and placed in operation. Applicants in the Public Safety Pool may request more than 10 channels at a single location provided that any application for more than 10 Public Safety Pool channels must be accompanied by a showing of sufficient need. The requirement for such a showing may be satisfied by submission of loading studies demonstrating that requested channels in excess of 10 will be loaded with 50 mobiles per channel within a five year period commencing with grant of the application.
(f) If a licensee authorized for trunked operation discontinues trunked operation for a period of 30 consecutive days, the licensee, within 7 days of the expiration of said 30 day period, shall file a conforming application for modification of license with the Commission. Upon grant of that application, new applicants may file for the same channel or channels notwithstanding the interference contour of the new applicant's proposed channel or channels overlaps the service contour of the station that was previously engaged in trunked operation.
At 64 FR 50258, Sept. 16, 1999, § 90.187 was amended by adding paragraphs (b)(2)(v) and (e). These paragraphs contain information and recordkeeping requirements, and these amendments will not become effective until approval has been given by the Office of Management and Budget.
This subpart sets forth the general technical requirements for use of frequencies and equipment in the radio services governed by this part. Such requirements include standards for acceptability of equipment, frequency tolerance, modulation, emissions, power, and bandwidths. Special additional technical standards applicable to certain frequency bands and certain specialized uses are set forth in subparts J, K, and N.
(a) Except as specified in paragraphs (b) and (l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in § 2.803 of this chapter must be of a type which has been certificated for use under this part.
(1) Effective October 16, 2002, an equipment approval may no longer be obtained for in-hospital medical telemetry equipment operating under the provisions of this part. The requirements for obtaining an approval for medical telemetry equipment after this date are found in subpart H of part 95 of this chapter.
(2) Any manufacturer of radio transmitting equipment (including signal boosters) to be used in these services may request certification for such equipment following the procedures set forth in subpart J of part 2 of this
(b) Certification is not required for the following:
(1) Transmitters used in developmental operations in accordance with subpart Q.
(2) Transmitters used for police zone and interzone stations authorized as of January 1, 1965.
(3) Transmitting equipment used in the band 1427-1435 MHz.
(4) Transmitters used in radiolocation stations in accordance with subpart F authorized prior to January 1, 1974, for public safety and land transportation applications (old parts 89 and 93).
(5) Transmitters used in radiolocation stations in accordance with subpart F authorized for industrial applications (old part 91) prior to January 1, 1978.
(6) [Reserved]
(7) Transmitters imported and marketed prior to September 1, 1996 for use by LMS systems.
(c) Radiolocation transmitters for use in public safety and land transportation applications marketed prior to January 1, 1974, must meet the applicable technical standards in this part, pursuant to § 2.803 of this chapter.
(d) Radiolocation transmitters for use in public safety and land transportation applications marketed after January 1, 1974, must comply with the requirements of paragraph (a) of this section.
(e) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz shall not be certificated for use under this part if the operator can program and transmit on frequencies, other than those programmed by the manufacturer, service or maintenance personnel, using the equipment's external operation controls.
(f) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz that have been approved prior to January 15, 1988, and that permit the operator, by using external controls, to program the transmitter's operating frequencies, shall not be manufactured in, or imported into the United States after March 15, 1988. Marketing of these transmitters shall not be permitted after March 15, 1989.
(g) Transmitters having frequency programming capability and that are designed to operate above 25 MHz are exempt from paragraphs (e) and (f) of this section if the design of such transmitters:
(1) Is such that transmitters with external controls normally available to the operator must be internally modified to place the equipment in the programmable mode. Further, while in the programmable mode, the equipment shall not be capable of transmitting. The procedures for making the modification and altering the frequency program shall not be made available with the operating information normally supplied to the end user of the equipment; or
(2) Requires the tramsitter to be programmed for frequencies through controls normally inaccessible to the operator; or
(3) Requires equipment to be programmed for frequencies through use of external devices or specifically programmed modules made available only to service/maintenance personnel; or
(4) Requires equipment to be programmed through cloning (copying a program directly from another transmitter) using devices and procedures made available only to service/maintenance personnel.
(h) The requirements of paragraphs (e), (f), and (g) of this section shall not apply if:
(1) The equipment has been designed and manufactured specifically for aircraft use; and
(2) The part 90 certification limits the use of the equipment to operations only under § 90.423.
(i) Equipment certificated after February 16, 1988 and marketed for public safety operation in the 821-824/866-869 MHz bands must have the capability to be programmed for operation on the mutual aid channels as designated in § 90.617(a) of the rules.
(j) Except where otherwise specifically provided for, transmitters operating on frequencies in the 150-174 MHz and 421-512 MHz bands must comply with the following.
(1) [Reserved]
(2) Applications for certification received on or after February 14, 1997 will only be granted for equipment with the following channel bandwidths:
(i) 12.5 kHz or less for single bandwidth mode equipment or multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz;
(ii) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 12.5 kHz or less; and
(iii) 25 kHz if the equipment meets the efficiency standard of paragraph (j)(3) of this section.
(3) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands, received on or after February 14, 1997, must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 12.5 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth.
(4) Applications for certification received on or after January 1, 2005, except for hand-held transmitters with an output power of two watts or less, will only be granted for equipment with the following channel bandwidths:
(i) 6.25 kHz or less for single bandwidth mode equipment;
(ii) 12.5 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz if it is capable of operating on channels of 6.25 kHz or less;
(iii) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 6.25 kHz or less; and
(iv) Up to 25 kHz if the equipment meets the efficiency standard of paragraph (j)(5) of this section.
(5) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands, received on or after January 1, 2005, must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 6.25 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth.
(6) Modification and permissive changes to certification grants.
(i) The Commission's Equipment Authorization Division will not allow adding a multi-mode or narrowband operation capability to single bandwidth mode transmitters, except under the following conditions:
(A) Transmitters that have the inherent capability for multi-mode or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this section, may have their grant of certification modified (reissued) upon demonstrating that the original unit complies with the technical requirements for operation; and
(B) New FCC Identifiers will be required to identify equipment that needs to be modified to comply with the requirements of paragraphs (j)(2) and (j)(4) of this section.
(ii) All other applications for modification or permissive changes will be subject to the Rules of part 2 of this chapter.
(7) Transmitters designed for one-way paging operations will be certificated with a 25 kHz channel bandwidth and are exempt from the spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of this section.
(8) The Commission's Equipment Authorization Division may, on a case by case basis, grant certification to equipment with slower data rates than specified in paragraphs (j)(3) and (j)(5) of this section, provided that a technical analysis is submitted with the application which describes why the slower
(9) Transmitters used for stolen vehicle recovery on 173.075 MHz must comply with the requirements of § 90.20(e)(6).
(k)(1) For transmitters operating on frequencies in the 220-222 MHz band, certification will only be granted for equipment with channel bandwidths up to 5 kHz, except that certification will be granted for equipment operating on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and 186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel bandwidths greater than 5 kHz if the equipment meets the following spectrum efficiency standard: Applications for part 90 certification of transmitters designed to operate on frequencies in the 220-222 MHz band must include a statement that the equipment meets a spectrum efficiency standard of at least one voice channel per 5 kHz of channel bandwidth (for voice communications), and a data rate of at least 4,800 bits per second per 5 kHz of channel bandwidth (for data communications). Certification for transmitters operating on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and 186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel bandwidths greater than 5 kHz will be granted without the requirement that a statement be included that the equipment meets the spectrum efficiency standard if the requests for certification of such transmitters are filed after December 31, 2001.
(2) Certification may be granted on a case-by-case basis by the Commission's Equipment Authorization Division for equipment operating on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and 186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel bandwidths greater than 5 kHz and not satisfying the spectrum efficiency standard identified in paragraph (k)(1) of this section, if requests for part 90 certification of such transmitters are accompanied by a technical analysis that satisfactorily demonstrates that the transmitters will provide more spectral efficiency than that which would be provided by use of the spectrum efficiency standard.
(l) Ocean buoy and wildlife tracking transmitters operating in the band 40.66-40.70 MHz or 216-220 MHz under the provisions of § 90.248 of this part shall be authorized under verification procedure pursuant to subpart J of part 2 of this chapter.
At 65 FR 44008, July 17, 2000, in § 90.203, paragraph (a)(1) was revised, effective October 16, 2000. For the convenience of the reader, the superseded text is set forth below.
(a) * * *
(1) [Reserved]
Applicants for licenses must request and use no more power than the actual power necessary for satisfactory operation. Except where otherwise specifically provided for, the maximum power that will be authorized to applicants whose license applications for new stations are filed after August 18, 1995 is as follows:
(a)
(b)
(c)
(d)
(2) Applications for stations where special circumstances exist that make it necessary to deviate from the ERP and antenna heights in Table 1 will be submitted to the frequency coordinator accompanied by a technical analysis, based upon generally accepted engineering practices and standards, that demonstrates that the requested station parameters will not produce a signal strength in excess of 37 dBu at any point along the edge of the requested service area. The coordinator may then recommend any ERP appropriate to meet this condition.
(3) An applicant for a station with a service area radius greater than 40 km (25 mi) must justify the requested service area radius, which will be authorized only in accordance with table 1, note 4. For base stations with service areas greater than 80 km, all operations 80 km or less from the base station will be on a primary basis and all operations outside of 80 km from the base station will be on a secondary basis and will be entitled to no protection from primary operations.
(e)
(f)
(g)
(2) Applications for stations where special circumstances exist that make it necessary to deviate from the ERP and antenna heights in Table 2 will be submitted to the frequency coordinator accompanied by a technical analysis, based upon generally accepted engineering practices and standards, that demonstrates that the requested station parameters will not produce a signal strength in excess of 39 dBu at any point along the edge of the requested service area. The coordinator may then recommend any ERP appropriate to meet this condition.
(3) An applicant for a station with a service area radius greater than 32 km (20 mi) must justify the requested service area radius, which may be authorized only in accordance with table 2, note 4. For base stations with service areas greater than 80 km, all operations 80 km or less from the base station will be on a primary basis and all operations outside of 80 km from the
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o) The output power shall not exceed by more than 20 percent either the output power shown in the Radio Equipment List [available in accordance with §90.203(a)(1)] for transmitters included in this list or when not so listed, the manufacturer's rated output power for the particular transmitter specifically listed on the authorization.
Unless specified elsewhere in this part, stations will be authorized emissions as provided for in paragraphs (b) through (n) of this section.
(a)
(1) The first symbol indicates the type of modulation on the transmitter carrier.
(2) The second symbol indicates the type of signal modulating the transmitter carrier.
(3) The third symbol indicates the type of transmitted information.
(b) Authorizations to use A3E, F3E, or G3E emission also include the use of emissions for tone signals or signaling devices whose sole functions are to establish an to maintain communications, to provide automatic station identification, and for operations in the Public Safety Pool, to activate emergency warning devices used solely for the purpose of advising the general public or emergency personnel of an impending emergency situation.
(c) The use of F3E or G3E emission in these services will be authorized only on frequencies above 25 MHz.
(d) Except for Traveler's Information stations in the Public Safety Pool authorized in accordance with § 90.242, only J3E emission will be authorized for telephony systems on frequencies below 25 MHz.
(e) For non-voice paging operations, only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emissions will be authorized.
(f) For radioteleprinter operations that may be authorized in accordance with § 90.237, only F1B, F2B, G1B or G2B emissions will be authorize above 25 MHz, and A1B or A2B emissions below 25 MHz.
(g) For radiofacsimile operations that may be authorized in accordance with § 90.237, only F3C or G3C emissions will be authorized above 25 MHz, and A3C emissions below 25 MHz.
(h) [Reserved]
(i) For telemetry operations, when specifically authorized under this part, only A1D, A2D, F1D, or F2D emissions will be authorized.
(j) For call box operations that may be authorized in accordance with § 90.241, only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, G2D, F3E or G3E emissions will be authorized.
(k) For radiolocation operations as may be authorized in accordance with subpart F, unless otherwise provided for any type of emission may be authorized upon a satisfactory showing of need.
(l) For stations in the Public Safety and Industrial/Business Pools utilizing digital voice modulation, in either the scrambled or unscrambled mode, F1E or G1E emission will be authorized. Authorization to use digital voice emissions is construed to include the use of F1D, F2D, G1D, or G2D emission subject to the provisions of § 90.233.
(m) For narrowband operations in a 3.6 kHz maximum authorized bandwith, any modulation type may be used which complies with the emission limitations of § 90.209.
(n)
(a) Each authorization issued to a station licensed under this part will show an emission designator representing the class of emission authorized. The designator will be prefixed by a specified necessary bandwidth. This number does not necessarily indicate the bandwidth occupied by the emission at any instant. In those cases where § 2.202 of this chapter does not provide a formula for the computation of necessary bandwidth, the occupied bandwidth, as defined in part 2 of this chapter, may be used in lieu of the necessary bandwidth.
(b) The maximum authorized single channel bandwidth of emission corresponding to the type of emission specified in § 90.207 is as follows:
(1) For A1A or A1B emissions, the maximum authorized bandwidth is 0.25 kHz. The maximum authorized bandwidth for type A3E emission is 8 kHz.
(2) For operations below 25 MHz utilizing J3E emission, the bandwidth occupied by the emission shall not exceed 3000 Hz. The assigned frequency will be specified in the authorization. The authorized carrier frequency will be 1400 Hz lower in frequency than the assigned frequency. Only upper sideband emission may be used. In the case of regularly available double sideband radiotelephone channels, an assigned frequency for J3E emissions is available either 1600 Hz below or 1400 Hz above the double sideband radiotelephone assigned frequency.
(3) For all other types of emissions, the maximum authorized bandwidth shall not be more than that normally authorized for voice operations.
(4) Where a frequency is assigned exclusively to a single licensee, more than a single emission may be used within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 must be met for each emission.
(5) Unless specified elsewhere, channel spacings and bandwidths that will be authorized in the following frequency bands are given in the following table.
Except as indicated elsewhere in this part, transmitters used in the radio services governed by this part must comply with the emission masks outlined in this section. Unless otherwise stated, per paragraphs (d)(4), (e)(4), and (m) of this section, measurements of emission power can be expressed in either peak or average values provided that emission powers are expressed with the same parameters used to specify the unmodulated transmitter carrier power. For transmitters that do not produce a full power unmodulated carrier, reference to the unmodulated transmitter carrier power refers to the total power contained in the channel bandwidth. Unless indicated elsewhere in this part, the table in this section specifies the emission masks for equipment operating in the frequency bands governed under this part.
(a)
(1) On any frequency removed from the assigned frequency by more than 50 percent, but not more than 150 percent of the authorized bandwidth: At least 25 dB.
(2) On any frequency removed from the assigned frequency by more than 150 percent, but not more than 250 percent of the authorized bandwidth: At least 35 dB.
(3) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 log P dB.
(b)
(1) On any frequency removed from the assigned frequency by more than 50 percent, but not more than 100 percent of the authorized bandwidth: At least 25 dB.
(2) On any frequency removed from the assigned frequency by more than 100 percent, but not more than 250 percent of the authorized bandwidth: At least 35 dB.
(3) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB.
(c)
(1) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB.
(d)
(1) On any frequency from the center of the authorized bandwidth f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(4) The reference level for showing compliance with the emission mask shall be established using a resolution bandwidth sufficiently wide (usually two to three times the channel bandwidth) to capture the true peak emission of the equipment under test. In order to show compliance with the emissions mask up to and including 50 kHz removed from the edge of the authorized bandwidth, adjust the resolution bandwidth to 100 Hz with the measuring instrument in a peak hold mode. A sufficient number of sweeps must be measured to insure that the emission profile is developed. If video filtering is used, its bandwidth must not be less than the instrument resolution bandwidth. For emissions beyond 50 kHz from the edge of the authorized bandwidth, see paragraph (m) of this section. If it can be shown that use of the above instrumentation settings do
(e)
(1) On any frequency from the center of the authorized bandwidth f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth by more than 4.6 kHz: At least 55 + 10 log (P) or 65 dB, whichever is the lesser attenuation.
(4) The reference level for showing compliance with the emission mask shall be established using a resolution bandwidth sufficiently wide (usually two to three times the channel bandwidth) to capture the true peak emission of the equipment under test. In order to show compliance with the emissions mask up to and including 50 kHz removed from the edge of the authorized bandwidth, adjust the resolution bandwidth to 100 Hz with the measuring instrument in a peak hold mode. A sufficient number of sweeps must be measured to insure that the emission profile is developed. If video filtering is used, its bandwidth must not be less than the instrument resolution bandwidth. For emissions beyond 50 kHz from the edge of the authorized bandwidth, see paragraph (m) of this section. If it can be shown that use of the above instrumentation settings do not accurately represent the true interference potential of the equipment under test, then an alternate procedure may be used provided prior Commission approval is obtained.
(f)
(1) On any frequency from the center of the authorized bandwidth f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency beyond 3.75 kHz removed from the center of the authorized bandwidth f
(g)
(1) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB.
(h)
(1) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth
(4) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(5) On any frequency removed from the center of the authorized bandwidth by more than 25 kHz: At least 43 + log (P) dB.
(i)
(1) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 6.8 kHz, but no more than 9.0 kHz: At least 25 dB;
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 9.0 kHz, but no more than 15 kHz: At least 35 dB;
(3) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 15 kHz: At least 43 + 10 log (P) dB, or 70 dB, whichever is the lesser attenuation.
(j)
(1) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(2) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(3) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(k)
(2)
(3)
(i) On any frequency within the authorized bandwidth: Zero dB.
(ii) On any frequency outside the licensee's sub-band edges: 55 + 10 log(P) dB, where (P) is the highest emission (watts) of the transmitter inside the licensee's sub-band.
(4) The resolution bandwidth of the instrumentation used to measure the emission power shall be 100 kHz, except that, in regard to paragraph (2) of this section, a minimum spectrum analyzer resolution bandwidth of 300 Hz shall be used for measurement center frequencies within 1 MHz of the edge of the authorized subband. If a video filter is used, its bandwidth shall not be less than the resolution bandwidth.
(5) Emission power shall be measured in peak values.
(6) The LMS sub-band edges for non-multilateration systems for which emissions must be attenuated are 902.00, 904.00, 909.5 and 921.75 MHz.
(l)
(m)
(a) Analog scrambling techniques may be employed at any station authorized the use of A3E, F3E, or G3E emission, subject to the provision of paragraph (d) of this section.
(b) The use of digital scrambling techniques or digital voice modulation requires the specific authorization of F1E or G1E emission, and these emissions will only be authorized subject to the provisions of paragraph (d) of this section.
(c) The transmission of any non-voice information or data under the authorization of F1E or G1E emission is prohibited. However, stations authorized the use of F1E or G1E emission may also be authorized F1D, F2D, G1D or G2D emission for non-voice communication purposes, pursuant to paragraph (k) of § 90.207.
(d) Station identification shall be transmitted in the unscrambled analog mode (clear voice) or Morse code in accordance with the provisions of § 90.425. All digital encoding and digital modulation shall be disabled during station identification.
(a) Unless noted elsewhere, transmitters used in the services governed by this part must have a minimum frequency stability as specified in the following table.
(b) For the purpose of determining the frequency stability limits, the power of a transmitter is considered to be the maximum rated output power as specified by the manufacturer.
Transmitters designed to operate in the 150-174 MHz and 421-512 MHz frequency bands must maintain transient frequencies within the maximum frequency difference limits during the time intervals indicated:
(a) The licensee of each station shall employ a suitable procedure to determine that the carrier frequency of each transmitter authorized to operate with an output power in excess of two watts is maintained within the tolerence prescribed in § 90.213. This determination shall be made, and the results entered in the station records in accordance with the following:
(1) When the transmitter is initially installed;
(2) When any change is made in the transmitter which may affect the carrier frequency or its stability.
(b) The licensee of each station shall employ a suitable procedure to determine that each transmitter authorized to operate with an output power in excess of two watts does not exceed the maximum figure specified on the current station authorization. On authorizations stating only the input power to the final radiofrequency stage, the maximum permissible output power is 75 percent for frequencies below 25 MHz and 60 percent of the input power for frequencies above 25 MHz. If a non-DC final radiofrequency stage is utilized, then the output power shall not exceed 75 percent of the input power. This determination shall be made, and the results thereof entered into the station records, in accordance with the following:
(1) When the transmitter is initially installed;
(2) When any change is made in the transmitter which may increase the transmitter power input.
(c) The licensee of each station shall employ a suitable procedure to determine that the modulation of each transmitter, which is authorized to operate with an output power in excess of two watts, does not exceed the limits specified in this part. This determination shall be made and the following results entered in the station records, in accordance with the following:
(1) When the transmitter is initially installed;
(2) When any change is made in the transmitter which may affect the modulation characteristics.
(d) The determinations required by paragraphs (a), (b), and (c) of this section may, at the opinion of the licensee, be made by a qualified engineering measurement service, in which case the required record entries shall show the name and address of the engineering measurement service as well as the name of the person making the measurements.
(e) In the case of mobile transmitters, the determinations required by paragraphs (a) and (c) of this section may be made at a test or service bench:
Except as noted herein, transmitters used at stations licensed below 800 MHz on any frequency listed in subparts B and C of this part or licensed on a business category channel above 800 MHz which have an output power not exceeding 120 milliwatts are exempt from the technical requirements set out in this subpart, but must instead comply with the following:
(a) For equipment designed to operate with a 25 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 40 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier.
(b) For equipment designed to operate with a 12.5 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 25 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier.
(c) For equipment designed to operate with a 6.25 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 12.5 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier.
(d) Transmitters may be operated in the continuous carrier transmit mode.
Licensees authorized to operate radio systems in the frequency bands above 150 MHz may employ signal boosters at fixed locations in accordance with the following criteria:
(a) The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s). The booster will fill in only weak signal areas and cannot extend the system's normal signal coverage area.
(b) Class A narrowband signal boosters must be equipped with automatic gain control circuitry which will limit the total effective radiated power (ERP) of the unit to a maximum of 5 watts under all conditions. Class B broadband signal boosters are limited to 5 watts ERP for each authorized frequency that the booster is designed to amplify.
(c) Class A narrowband boosters must meet the out-of-band emission limits of § 90.209 for each narrowband channel that the booster is designed to amplify. Class B broadband signal boosters must meet the emission limits of § 90.209 for frequencies outside of the booster's design passband.
(d) Class B broadband signal boosters are permitted to be used only in confined or indoor areas such as buildings, tunnels, underground areas, etc., or in remote areas, i.e., areas where there is little or no risk of interference to other users.
(e) The licensee is given authority to operate signal boosters without separate authorization from the Commission. Certificated equipment must be employed and the licensee must ensure that all applicable rule requirements are met.
(f) Licensees employing either Class A narrowband or Class B broadband signal boosters as defined in § 90.7 are responsible for correcting any harmful interference that the equipment may cause to other systems. Normal co-channel transmissions will not be considered as harmful interference. Licensees will be required to resolve interference problems pursuant to § 90.173(b).
This subpart sets forth requirements and standards for licensing and operation of non-voice and other specialized radio uses (other than radiolocation). Such uses include secondary signaling, telemetry, radioteleprinter, radiofacsimile, automatic vehicle monitoring (AVM), radio call box, relay, vehicular repeater, and control station operations.
The use of A1D, A2D, F1D, F2D, G1D, or G2D emission may be authorized to base/mobile operations in accordance with the following limitations and requirements.
(a) Licensees employing non-voice communications are not relieved of their responsibility to cooperate in the shared use of land mobile radio channels. See also §§ 90.403 and 90.173(a) and (b).
(b) Authorization for non-voice emission may be granted only on frequencies subject to the coordination requirements set forth in § 90.175. Non-
(c) Provisions of this section do not apply to authorizations for paging, telemetry, radiolocation, AVM, radioteleprinter, radio call box operations, or authorizations granted pursuant to subpart T of this part.
Fixed operations may, subject to the following conditions, be authorized on a secondary basis for voice, tone or impulse signaling on a licensee's mobile service frequency(ies) above 25 MHz within the area normally covered by the licensee's mobile system. Voice signaling will be permitted only in the Public Safety Pool.
(a) The bandwidth shall not exceed that authorized to the licensee for the primary operations on the frequency concerned.
(b) The output power shall not exceed 30 watts at the remote site.
(c) A1D, A2D, F1D, F2D, G1D and G2D emissions may be authorized. In the Police Radio Service, A3E, F1E, F2E, F3E, G1E, G2E, or G3E emissions may also be authorized.
(d) Except for those systems covered under paragraph (e) of this section, the maximum duration of any non-voice signaling transmission shall not exceed 2 seconds and shall not be repeated more than 3 times. Signaling transmissions may be staggered at any interval or may be continuous. In the Public Safety Pool, the maximum duration of any voice signaling transmission shall not exceed 6 seconds and shall not be repeated more than 3 times.
(e) Until December 31, 1999, for systems in the Public Safety Pool authorized prior to June 20, 1975, and Power and Petroleum licensees as defined in § 90.7 authorized prior to June 1, 1976, the maximum duration of any signaling transmission shall not exceed 6 seconds and shall not be repeated more than 5 times. For Power licensees authorized between June 1, 1976, and August 14, 1989, signaling duration shall not exceed 2 seconds and shall not be repeated more than 5 times. Such systems include existing facilities and additional facilities which may be authorized as a clear and direct expansion of existing facilities. After December 31, 1999, all signaling systems shall be required to comply with the two second message duration and three message repetition requirements.
(f) Systems employing automatic interrogation shall be limited to non-voice techniques and shall not be activated for this purpose more than 10 seconds out of any 60 second period. This 10 second timeframe includes both transmit and response times.
(g) Automatic means shall be provided to deactivate the transmitter in the event the r.f. carrier remains on for a period in excess of 3 minutes or if a transmission for the same signaling function is repeated consecutively more than five times.
(h) Fixed stations authorized pursuant to the provisions of this section are exempt from the requirements of §§ 90.137(b), 90.425, and 90.429.
(i) Base, mobile, or mobile relay stations may transmit secondary signaling transmissions to receivers at fixed locations subject to the conditions set forth in this section.
(j) Under the provisions of this section, a mobile service frequency may not be used exclusively for secondary signaling.
(k) The use of secondary signaling will not be considered in whole or in part as a justification for authorizing additional frequencies in a licensee's land mobile radio system.
(l) Secondary fixed signaling operations conducted in accordance with the provisions of §§ 90.317(a), or 90.637(c), or 90.731 are exempt from the foregoing provisions of this section.
These provisions authorize and govern the use of radioteleprinter and radiofacsimile devices for base station
(a) Information must be submitted with an application to establish that the minimum separation between a proposed radioteleprinter or radiofacsimile base station and the nearest co-channel base station of another licensee operating a voice system is 120 km. (75 mi.) for a single frequency mode of operation, or 56 km. (35 mi.) two frequency mode of operation. Where this minimum mileage separation cannot be achieved, either agreement to the use of F1B, F2B, F3C, G1B, G2B or G3C emission must be received from all existing co-channel licensees using voice emission within the applicable mileage limits, or if agreement was not received, the licensee of the radioteleprinter or radiofacsimile system is responsible for eliminating any interference with preexisting voice operations. New licenses of voice operations will be expected to share equally any frequency occupied by established radioteleprinter or radiofacsimile operations.
(b) [Reserved]
(c) Transmitters certificated under this part for use of G3E or F3E emission may also be used for F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter or radiofacsimile, provided the keying signal is passed through the low pass audio frequency filter required for G3E or F3E emission. The transmitter must be so adjusted and operated that the instantaneous frequency deviation does not exceed the maximum value allowed for G3E or F3E.
(d) Frequencies will not be assigned exclusively for F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter or radiofacsimile (except where specifically provided for in the frequency limitations).
(e) The requirements in this part applicable to the use of G3E or F3E emission are also applicable to the use of F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter and radiofacsimile transmissions.
(f) The station identification required by § 90.425 must be given by voice or Morse code.
(g) For single sideband operations in accordance with § 90.266, transmitters certificated under this part for use of J3E emissions may also be used for A2B and F2B emission for radioteleprinter transmissions. Transmitters certificated under this part for use of J3E emissions in accordance with §§ 90.63(d)(1), 90.65(c)(1), 90.73(d)(1) and 90.81(d)(13) may also be used for A1B, A2B, F1B, F2B, J2B, and A3C emissions to provide standby backup circuits for operational telecommunications circuits which have been disrupted, where so authorized in other sections of this part.
The use of telemetry is authorized under this part on the following frequencies.
(a) 72-76 MHz (in accordance with § 90.257 and subject to the rules governing the use of that band).
(b) 154.45625, 154.46375, 154.47125, and 154.47875 MHz (subject to the rules governing the use of those frequencies).
(c) 173.20375, 173.210, 173.2375, 173.2625, 173.2875, 173.3125, 173.3375, 173.3625, 173.390, and 173.39625 MHz (subject to the rules governing the use of those frequencies).
(d) 216-220 and 1427-1435 MHz (as available in the Public Safety and Industrial/Business Pools and in accordance with § 90.259).
(e) In the 450-470 MHz band, telemetry operations will be authorized on a secondary basis with a transmitter output power not to exceed 2 watts on frequencies subject to § 90.20(d)(27) or § 90.35(c)(30).
(f) 220-222 MHz as available under subpart T of this part.
(g) 450-470 MHz band (as available for secondary fixed operations in accordance with § 90.261).
(h) 458-468 MHz band (as available in the Public Safety Pool for bio-medical telemetry operations).
(i) Frequencies available for low power (2 watts or less) operations in the Industrial/Business Pool.
(a) The frequencies in the 72-76 MHz band listed in § 90.257(a)(1) may be assigned in the Public Safety Pool for operation or radio call boxes to be used by the public to request fire, police, ambulance, road service, and other emergency assistance, subject to the following conditions and limitations:
(1) Maximum transmitter power will be either 2.5 watts plate input to the final stage or 1 watt output.
(2) Antenna gain shall not exceed zero dBd (referred to a half-wave dipole) in any horizontal direction.
(3) Only vertical polarization of antennas shall be permitted.
(4) The antenna and its supporting structure must not exceed 6.1 m (20 feet) in height above the ground.
(5) Only A1D, A2D, F1D, F2D, G1D, or G2D emission shall be authorized.
(6) The transmitter frequency tolerance shall be 0.005 percent.
(7) Except for test purposes, each transmission must be limited to a maximum of two seconds and shall not be automatically repeated more than two times at spaced intervals within the following 30 seconds. Thereafter, the authorized cycle may not be reactivated for one minute.
(8) All transmitters installed after December 10, 1970, shall be furnished with an automatic means to deactivate the transmitter in the event the carrier remains on for a period in excess of three minutes. The automatic cutoff system must be designed so the transmitter can be only manually reactivated.
(9) Frequency selection must be made with regard to reception of television stations on channels 4 (66-72 MHz) and 5 (76-82 MHz) and should maintain the greatest possible frequency separation from either or both of these channels, if they are assigned in the area.
(b) [Reserved]
(c) Frequencies in the 450-470 MHz band which are designated as available for assignment to central control stations and radio call box installations in § 90.20(c) or § 90.20(d)(58) may be assigned in the Public Safety Pool for highway call box systems subject to the following requirements:
(1) Call box transmitters shall be installed only on limited access highways and may communicate only with central control stations of the licensee.
(2) Maximum transmitter power for call boxes will be either 2.5 watts input to the final amplifier stage or one watt output. The central control station shall not exceed 25 watts effective radiated power (ERP).
(3) The height of a call box antenna may not exceed 6.1 meters (20 feet) above the ground, the natural formation, or the existing man-made structure (other than an antenna supporting structure) on which it is mounted. A central station transmitting antenna, together with its supporting structure shall not exceed 15 m. (50 ft.) above the ground surface.
(4) Only F1D, F2D, F3E, G1D, G2D, or G3E, emission may be authorized for nonvoice signaling, radiotelephony, and multiplexed voice and nonvoice use. The provisions in this part applicable to the use of F3E or G3E emission are also applicable to the use of F1D, F2D, G1D or G2D emission for call box transmitters.
(5) The station identification required by § 90.425 shall be by voice and may be transmitted for the system from the central control station. Means shall be provided at each central control station location to automatically indicate the call box unit identifier when a call box unit is activated.
(6) Call box installations must be so designed that their unit identifier is automatically transmitted when the handset is lifted.
(7) Each application for a call box system must contain information on the nonvoice transmitting equipment, including the character structure, bit rate, modulating tone frequencies, identification codes, and the method of modulation (i.e., frequency shift, tone shift, or tone phase shift).
(8) Call box installations may be used secondarily for the transmission of information from roadside sensors. Central control station transmitters may be used secondarily to interrogate call box roadside sensors and for the transmission of signals to activate roadside signs.
(9) Each call box transmitter must be provided with a timer which will automatically deactivate the transmitter after 2 minutes unless the central control station operator reactivates the timer cycle.
(10) The central control station must include facilities that permit direct control of any call box in the system.
(11) Call box transmitter frequency tolerance shall be 0.001 percent.
(12) Transmitters certificated under this part for use of F3E or G3E emission may be used for F1D, F2B, G2B or G2D emission provided that the audio tones or digital data bits are passed through the low pass audio filter required to be provided in the transmitter for F3E or G3E emission. The transmitter must be adjusted and operated so that the instantaneous frequency deviation does not exceed the maximum value allowed for F3E or G3E emission.
(d) In addition to the frequencies available pursuant to § 90.20(c) the frequencies set forth in § 90.20(d)(58) may be used for central control station and call box installations in areas where such frequencies are available for fixed system use subject to the requirements and limitations of that section and subject to the provisions of paragraphs (c) (1), (4), (5), (6), (7), (8), (9), (10), and (12) of this section.
(e) In accordance with subpart Q of this part, the frequencies available pursuant to § 90.20(c) or § 90.20(d)(58) for central control station and call box installations may be assigned for developmental operation as part of a highway safety communication program which is designed to provide radio communications directly with motorists to and from their motor vehicles.
(a) The frequencies 530 through 1700 kHz in 10 kHz increments may be assigned to the Public Safety Pool for the operation of Travelers' Information Stations subject to the following conditions and limitations.
(1) For Travelers' Information Station applications only, eligibility requirements as set forth in § 90.20(a) are extended to include park districts and authorities.
(2) Each application for a station or system shall be accompanied by:
(i) A statement certifying that the transmitting site of the Travelers Information Station will be located at least 15 km (9.3 miles) measured orthogonally outside the measured 0.5 mV/m daytime contour (0.1 mV/m for Class A stations) of any AM broadcast station operating on a first adjacent channel or at least 130 km (80.6 miles) outside the measured 0.5 mV/m daytime contour (0.1 mV/m for Class A stations) of any AM broadcast station operating on the same channel, or, if nighttime operation is proposed, outside the theoretical 0.5 mV/m-50% nighttime skywave contour of a U.S. Class A station. If the measured contour is not available, then the calculated 0.5 mV/m field strength contour shall be acceptable. These contours are available for inspection at the concerned AM broadcast station and FCC offices in Washington, DC.
(ii) In consideration of possible cross-modulation and inter-modulation interference effects which may result from the operation of a Travelers Information Station in the vicinity of an AM broadcast station on the second or
(iii) A map showing the geographical location of each transmitter site and an estimate of the signal strength at the contour of the desired coverage area. For a cable system, the contour to be shown is the estimated field strength at 60 meters (197 feet) from any point on the cable. For a conventional radiating antenna, the estimated field strength contour at 1.5 km (0.93 mile) shall be shown. A contour map comprised of actual on-the-air measurements shall be submitted to the Commission within 60 days after station authorization or completion of station construction, whichever occurs later. A sufficient number of points shall be chosen at the specified distances (extrapolated measurements are acceptable) to adequately show compliance with the field strength limits.
(iv) For each transmitter site, the transmitter's output power, the type of antenna utilized, its length (for a cable system), its height above ground, distance from transmitter to the antenna, and the elevation above sea level at the transmitting site.
(3) Travelers Information Stations will be authorized on a secondary basis to stations authorized on a primary basis in the bands 510-535 and 1605-1715 kHz.
(4) A Travelers Information Station authorization may be suspended, modified, or withdrawn by the Commission without prior notice of right to hearing if necessary to resolve interference conflicts, to implement agreements with foreign governments, or in other circumstances warranting such action.
(5) The transmitting site of each Travelers’ Information Station shall be restricted to the immediate vicinity of the following specified areas: Air, train, and bus transportation terminals, public parks and historical sites, bridges, tunnels, and any intersection of a Federal Interstate Highway with any other Interstate, Federal, State, or local highway.
(6) A Travelers Information Station shall normally be authorized to use a single transmitter. However, a system of stations, with each station in the system employing a separate transmitter, may be authorized for a specified area provided sufficient need is demonstrated by the applicant.
(7) Travelers Information Stations shall transmit only noncommercial voice information pertaining to traffic and road conditions, traffic hazard and travel advisories, directions, availability of lodging, rest stops and service stations, and descriptions of local points of interest. It is not permissible to identify the commercial name of any business establishment whose service may be available within or outside the coverage area of a Travelers Information Station. However, to facilitate announcements concerning departures/arrivals and parking areas at air, train, and bus terminals, the trade name identification of carriers is permitted.
(b)
(2) A frequency tolerance of 100 Hz shall be maintained.
(3) For a station employing a cable antenna, the following restrictions apply:
(i) The length of the cable antenna shall not exceed 3.0 km (1.9 miles).
(ii) Transmitter RF output power shall not exceed 50 watts and shall be adjustable downward to enable the user to comply with the specified field strength limit.
(iii) The field strength of the emission on the operating frequency shall not exceed 2 mV/m when measured with a standard field strength meter at a distance of 60 meters (197 feet) from any part of the station.
(4) For a station employing a conventional radiating antenna(s) (ex. vertical monopole, directional array) the following restrictions apply:
(i) The antenna height above ground level shall not exceed 15.0 meters (49.2 feet).
(ii) Only vertical polarization of antennas shall be permitted.
(iii) Transmitter RF output power shall not exceed 10 watts to enable the user to comply with the specified field strength limit.
(iv) The field strength of the emission on the operating frequency shall not exceed 2 mV/m when measured with a standard field strength meter at a distance of 1.50 km (0.93 miles) from the transmitting antenna system.
(5) For co-channel stations operating under different licenses, the following minimum separation distances shall apply:
(i) 0.50 km (0.31 miles) for the case when both stations are using cable antennas.
(ii) 7.50 km (4.66 miles) for the case when one station is using a conventional antenna and the other is using a cable antenna.
(iii) 15.0 km (9.3 miles) for the case when both stations are using conventional antennas.
(6) For a system of co-channel transmitters operating under a single authorization utilizing either cable or conventional antennas, or both, no minimum separation distance is required.
(7) An applicant desiring to locate a station that does not comply with the separation requirements of this section shall coordinate with the affected station.
(8) Each transmitter in a Travelers Information Station shall be equipped with an audio low-pass filter. Such filter shall be installed between the modulation limiter and the modulated stage. At audio frequencies between 3 kHz and 20 kHz this filter shall have an attenuation greater than the attenuation at 1 kHz by at least:
(a) Mobile relay operations will be authorized on frequencies below 512 MHz, except in the Radiolocation Service.
(b) Special provisions for mobile relay operations:
(1) In the Public Safety Pool, medical services systems in the 150-160 MHz band are permitted to be cross-banded for mobile and central stations operations with mobile relay stations authorized to operate in the 450-470 MHz band.
(2) [Reserved]
(3) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), mobile relay operation shall be on a secondary basis to other co-channel operations.
(4) Except where specifically precluded, a mobile relay station may be authorized to operate on any frequency available for assignment to base stations.
(5) A mobile station associated with mobile relay station(s) may not be authorized to operate on a frequency below 25 MHz.
(c) Technical requirements for mobile relay stations.
(1) Each new mobile relay station with an output power of more than one watt, and authorized after January 1, 1972, that is activated by signals below 50 MHz shall deactivate the station upon cessation of reception of the activating continuous coded tone signal. Licensees may utilize a combination of digital selection and continuous coded tone control where required to insure selection of only the desired mobile relay station.
(2) Mobile relay stations controlled by signals above 50 MHz or authorized prior to January 1, 1972, to operate below 50 MHz are not required to incorporate coded signal or tone control devices unless the transmitters are consistently activated by undesired signals and cause harmful interference to other licensees. If activation by undesired signals causes harmful interference, the Commission will require the installation of tone control equipment within 90 days of a notice to the licensee.
(3) Except in the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), each
(4) Except in the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), each new mobile-relay station authorized after January 1, 1972, during periods that is not controlled from a manned fixed control point; shall have an automatic time delay or clock device that will deactivate the station not more than 3 minutes after its activation by a mobile unit.
(5) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), each mobile relay station, regardless of the frequency or frequencies of the signal by which it is activated shall be so designated and installed that it will be deactivated automatically when its associated receiver or receivers are not receiving a signal on the frequency or frequencies which normally activate it.
(6) Multiple mobile relay station radio systems shall use wireline or radio stations on fixed frequencies for any necessary interconnect circuits between the mobile relay stations.
Except where specifically provided for, fixed relay stations shall be authorized to operate only on frequencies available for use by operational fixed stations.
A mobile station authorized to operate on a mobile service frequency above 25 MHz may be used as a mobile repeater to extend the communications range of hand-carried units subject to the following:
(a) Mobile repeaters and/or associated hand-carried transmitters may be assigned separate base/mobile frequencies for this use in addition to the number of frequencies normally assignable to the licensee.
(b) In the Industrial/Business Pool, on frequencies below 450 MHz, only low power frequencies (2 watts or less output power) may be assigned for use by mobile repeaters or by hand-carried transmitters whose communications are directed to mobile repeaters, when separate frequencies are assigned for that purpose.
(c) Except as provided in paragraph (d) of this section, hand-carried transmitters whose communications will be automatically relayed by mobile stations shall be limited to a maximum output power of 2.5 watts.
(d) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), use of mobile repeaters is on a secondary basis to the stations of any other licensee. Hand carried units used in connection with mobile repeaters on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) may operate only above 150 MHz and are limited to a maximum output power of six watts. The frequency and maximum power shall be specified in the station authorization.
(e) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), the output power of a mobile repeater station, when transmitting as a repeater station on the frequency used for communication with its associated pack-carried or hand-carried units, shall not exceed 6 watts except when the same frequency is also used by the same station for direct communication with vehicular mobile units or with one or more base stations.
(f) When automatically retransmitting messages originated by or destined for hand-carried units, each mobile station shall activate the mobile transmitter only with a continuous coded tone, the absence of which will de-activate the mobile transmitter. The continuous coded tone is not required when the mobile unit is equipped with a switch that activates the automatic
(a) The frequency bands 40.66-40.70 MHz and 216-220 MHz may be used for the tracking of, and the telemetry of scientific data from, ocean buoys and animal wildlife.
(b) Transmitters operating under the provisions of this section are not subject to the technical standards contained in §§ 90.205-90.217. In lieu thereof, the transmitters shall comply with the provisions in this section.
(c) Classes of emission are limited to N0N, A1A, A2A, A2B, F1B, J2B, F2A, F2B, and/or F8E.
(d) The authorized bandwidth shall not exceed 1 kHz.
(e)
(2) In the 216-220 MHz frequency band, transmitters shall employ a minimum frequency stability of 0.005 percent (50 parts per million). The carrier frequency shall be selected to ensure that the sum of the authorized bandwidth plus the bandwidth required for frequency stability are confined within this band.
(3) The frequency stability standards shall be met over a temperature range of −30° to +50° centigrade at normal supply voltage and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of +20° C. For battery operated equipment, the equipment tests shall be performed using a new battery.
(f) The maximum peak transmitter output (carrier) power shall not exceed 1 milliwatt for airborne wildlife applications, 10 milliwatts for terrestrial wildlife applications or 100 milliwatts for ocean buoys.
(g) Emissions appearing outside of the authorized bandwidth shall be attenuated below the carrier power by at least 26 dB, following the procedures specified in § 90.210(m).
Control stations associated with land mobile stations under this part shall be authorized to operate subject to the following:
(a)
(2) A control station associated with mobile relay station(s) may, at the option of the applicant, be assigned the frequency of the associated mobile station. In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3), such a control station may be assigned any mobile service station frequency available for assignment to mobile stations. Such operation is on a secondary basis to use of the frequency for regular mobile service communications.
(3) Control and fixed stations in the Public Safety Pool may be authorized on a temporary basis to operate on frequencies available for base and mobile stations between 152 and 450 MHz, where there is an adequate showing that such operations cannot be conducted on frequencies allocated for assignment to operational fixed stations. Such operation will not be authorized initially or renewed for periods in excess of one year. Any such authorization shall be subject to immediate termination if harmful interference is caused to stations in the mobile service, or if the particular frequency is required for mobile service operations in the area concerned.
(b) [Reserved]
(c) A base station which is used intermittently as a control station for one or more associated mobile relay stations of the same licensee shall operate only on the mobile service frequency assigned to the associated mobile relay
Meteor burst communications may be authorized for the use of private radio stations subject to the following provisions:
(a) Station operation is limited to the State of Alaska only.
(b) The frequency 44.20 MHz may be used for base station operation and 45.90 MHz for remote station operation on a primary basis. The frequencies 42.40 and 44.10 MHz may be used by base and remote stations, respectively, on a secondary basis to common carrier stations utilizing meteor burst communications. Users shall cooperate among themselves to the extent practicable to promote compatible operation.
(c) The maximum transmitter output power shall not exceed 2000 watts for base stations and 500 watts for remote stations.
(d) Co-channel base stations of different licensees shall be located at least 241 km (150 miles) apart. A remote station and a base station of different licensees shall be located at least 241 km (150 miles) apart if the remote units of the different licensees operate on the same frequency. Waiver of this requirement may be granted if affected users agree to a cooperative sharing arrangement.
(e) The authorized emission designator to be used in F1E, F7W, G1E or G7W to allow for Phase Shift Keying (PSK) or Frequency Shift Keying (FSK).
(f) The maximum authorized bandwidth is 20 kHz (20 F1E, F7W, G1E or G7W).
(g) Station identification in accordance with § 90.425(a) or (b) shall only be required for the base station.
(h) Stations may be required to comply with additional conditions of operation as necessary on a case-by-case basis as specified in the authorization.
(i) Stations employing meteor burst communications shall not cause interference to other stations operating in accordance with the allocation table. New authorizations will be issued subject to the Commission's developmental grant procedure as outlined in subpart Q of this part. Prior to expiration of the developmental authorization, application Form 574 should be filed for issuance of a permanent authorization.
This subpart sets forth special requirements applicable to the use of certain frequencies or frequency bands.
The frequency 5167.5 kHz may be used by any station authorized under this part to communicate with any other station in the State of Alaska for emergency communications. The maximum power permitted is 150 watts peak envelope power (PEP). All stations operating on this frequency must be located in or within 50 nautical miles (92.6 km) of the State of Alaska. This frequency may also be used by stations authorized in the Alaska-private fixed service for calling and listening, but only for establishing communication before switching to another frequency.
(a) The following criteria shall govern the authorization and use of frequencies within the band 72-76 MHz by fixed stations. (For call box operations see § 90.241).
(1) The following frequencies in the band 72-76 MHz may be used for fixed operations:
(2) All authorizations are subject to the condition that no harmful interference will be caused to television reception on Channels 4 and 5.
(3) The applicant must agree to eliminate any harmful interference caused by his operation to TV reception on either Channel 4 or 5 that might develop by whatever means are necessary. Such action must be taken within 90 days of notification by the Commission. If such interference is not eliminated within the 90-day period, operation of the fixed station will be discontinued.
(4) Vertical polarization must be used.
(5) Whenever it is proposed to locate a 72-76 MHz fixed station less than 128 km (80 mi.) but more than 16 km (10 mi.) from the site of a TV transmitter operating on either channel 4 or 5, or from the post office of a community in which such channels are assigned but not in operation, the fixed station shall be authorized only if there are fewer than 100 family dwelling units (as defined by the U.S. Bureau of the Census), excluding units 112 or more km (70 mi.) distant from the TV antenna site, located within a circle centered at the location of the proposed fixed station. The radius shall be determined by use of the following chart entitled, “Chart for Determining Radius From Fixed Station in 72-76 MHz Band to Interference Contour Along Which 10 Percent of Service From Adjacent Channel Television Station Would Be Destroyed.” Two charts are available, one for Channel4, and one for Channel 5. The Commission may, however, in a particular case, authorize the location of a fixed station within a circle containing 100 or more family dwelling units upon a showing that:
(i) The proposed site is the only suitable location.
(ii) It is not feasible, technically or otherwise, to use other available frequencies.
(iii) The applicant has a plan to control any interference that might develop to TV reception from his operations.
(iv) The applicant is financially able and agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate any interference caused by his operations.
(v) All applications seeking authority to operate with a separation of less than 16 km (10 mi.) will be returned without action.
(b) The following criteria governs the authorization and use of frequencies in the 72-76 MHz band by mobile stations in the Industrial/Business Pool.
(1) Mobile operation on frequencies in the 72-76 MHz band is subject to the condition that no interference is caused to the reception of television
(2) The maximum transmitter output power that will be authorized is 1 watt; and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may be used to provide the operational functions of a base or fixed station. The antennas of transmitters operating on these frequencies must be directly mounted or installed upon the transmitting unit: Except that when permanently installed aboard a vehicle, antenna and transmitter may be separated as required for convenience in mounting. Horizontal polarization will not be allowed; and the gain of antennas employed shall not exceed that of a halfwave dipole. The maximum bandwidth that will be authorized is 20 kHz. Tone control transmissions are permitted.
(c) Radio remote control of models is permitted on frequencies 10 kHz removed from these frequencies authorized for fixed and mobile operations in the 72-76 MHz band. Remote control operations are secondary to operation of fixed and mobile stations as provided for in this section.
Frequencies in the bands 216-220 MHz and 1427-1435 MHz may be assigned to applicants under this part provided the bands are listed in the individual radio service under which they establish eligibility. Use of these bands is limited to telemetering purposes, except that the 216-220 MHz band may also be used for wildlife and ocean buoy tracking operations pursuant to § 90.248. All operation is secondary to Federal Government operations, and operation in the 216-220 MHz band is also secondary to the maritime mobile service and operation in the 1427-1429 MHz band is also secondary to the space operation service (earth-to-space). Base stations authorized in these bands shall be used to perform telecommand functions with associated mobile telemetering stations. Base stations may also command actions by the vehicle itself, but will not be authorized solely to perform this function. Airborne use will not be authorized. Each application will be coordinated with the Federal Government by the Federal Communications Commission and is subject to such technical and operational limitations as may be imposed by the government. Each application should include precise information concerning emission characteristics, transmitter frequency deviation, output power, type and directional characteristics, if any, of the antenna, and the minimum necessary hours of operation.
(a) Frequencies in the 450-470 MHz band as listed in § 90.20(c)(3) and § 90.35(b)(3) may be assigned to all eligibles for fixed use on a secondary basis to land mobile operations.
(b) Fixed stations located 140 km (87 mi) or more from the center of any urbanized area of 600,000 or more population are limited to a transmitter output power of 75 watts. Fixed stations less than 140 km (87 mi) from the centers of these areas are limited to a transmitter output power of 20 watts. Urbanized areas of 600,000 or more population are defined in the U.S. Census of Population 1970, Vol. 1, Table 20, pages 1-74. The centers of the urbanized areas are determined from the Appendix, page 226, of the U.S. Department of Commerce publication “Airline Distance Between Cities in the United States.”
(c) All fixed systems are limited to one frequency pair with 5 MHz spacing and must employ directional antennas with a front-to-back ratio of 15 dB, except that omnidirectional antennas having unity gain may be employed by stations communicating with a minimum of three receiving locations encompassed in a sector of at least 160° in azimuth. Stations authorized for secondary fixed operations prior to (effective date of the rules) may continue to operate under the conditions of their initial authorization.
(d)-(e) [Reserved]
(f) Secondary fixed operations pursuant to paragraph (a) of this section will not be authorized on the following frequencies:
Frequencies below 25 MHz when shown in the radio pool frequency listings under this part will be assigned to base or mobile stations only upon a satisfactory showing that, from a safety of life standpoint, frequencies above 25 MHz will not meet the operational requirements of the applicant. These frequencies are available for assignment in many areas; however, in individual cases such assignment may be impracticable due to conflicting frequency use authorized to stations in other services by this and other countries. In such cases, a substitute frequency, if found to be available, may be assigned from the following bands 1605-1750, 2107-2170, 2194-2495, 2506-2850, 3155-3400, or 4438-4650 kHz. Since such assignments are in certain instances subject to additional technical and operation limitation, it is necessary that each application also include precise information concerning transmitter output power, type and directional characteristics, if any, of the antenna, and the minimum necessary hours of operation. (This section is not applicable to the Radiolocation Radio Service, subpart F.)
(a) The use of any particular frequency between 2 and 10 MHz is limited to those frequencies falling within the bands allocated to the fixed and land mobile services as indicated in § 2.106 of the Commission's Rules and Regulations.
(b) Only in the following circumstances will authority be extended to stations to operate on the frequencies between 2 and 10 MHz:
(1) To provide communications circuits in emergency and/or disaster situations, where safety of life and property are concerned;
(2) To provide standby and/or backup communications circuits to regular domestic communications circuits which have been disrupted by disasters and/or emergencies.
(c) The FCC will not accept responsibility for protection of the circuits from harmful interference caused by foreign operations.
(d) In the event that a complaint of harmful interference resulting from operation of these circuits is received from a foreign source, the offending circuit(s) must cease operation on the particular frequency concerned immediately upon notification by the Commission.
(e) In order to accomodate the situations described in paragraphs (c) and (d) of this section, the equipment shall be capable of transmitting and receiving on any frequency within the bands between 2 and 10 MHz and capable of immediate change among the frequencies.
(f) Only 2K80J3E, 100HA1A and those emission types listed in § 90.237(g) are permitted.
(g) Applicants must fulfill eligibility requirements set out in § 90.20(d)(6) and shall submit disaster communications plans pursuant to § 90.129(m).
(h) Training exercises which require use of these frequencies for more than 420 minutes per week, cumulative, are not authorized without prior written approval from the Commission.
(a) The following frequencies are available for assignment to fixed stations in the Industrial/Business Pool subject to the provisions of this section:
(1) The use of these frequencies is limited to transmitting hydrological or meteorological data.
(2) All use of these frequencies is on a secondary basis to Federal Government stations and the hydrological or meteorological data being handled must be made available on request to governmental agencies.
(3) Other provisions of this part notwithstanding, an operational fixed station operating on these frequencies shall not communicate with any station in the mobile service unless written authorization to do so has been obtained from the Commission.
(4) Persons who desire to operate stations on these frequencies should communicate with the Commission for instructions concerning the procedure to be followed in filing formal application.
(b) The following frequencies are available for wireless microphone operations to eligibles in this part, subject to the provisions of this paragraph:
(1) The emission bandwidth shall not exceed 54 kHz.
(2) The output power shall not exceed 50 milliwatts.
(3) The frequency stability of wireless microphones shall limit the total emission to within
(4) Wireless microphone operations are unprotected from interference from other licensed operations in the band. If any interference from wireless microphone operation is received by any Government or non-Government operation, the wireless microphone must cease operation on the frequency involved. Applications are subject to Government coordination.
(a) The use of any particular frequency between 2 and 25 MHz is limited to those frequencies falling within the bands allocated to the fixed and land mobile services as indicated in § 2.106 of the Commission's Rules and Regulations.
(b) Only in the following circumstances will authority be extended to stations to operate on the frequencies below 25 MHz:
(1) To provide communications circuits to support operations which are highly important to the national interest and where other means of telecommunication are unavailable;
(2) To provide standby and/or backup communications circuits to regular domestic communications circuits which have been disrupted by disasters and/or emergencies.
(c) No protection is afforded to users of these frequencies from harmful interference caused by foreign operations.
(d) In the event that a complaint of harmful interference resulting from operation of these circuits is received from a foreign source, the offending circuit(s) must cease operation on the particular frequency concerned immediately upon notification by the Commission.
(e) In order to accommodate the situations described in paragraphs (c) and (d) of this section, the equipment shall be capable of transmitting and receiving on any frequency within the bands between 2 and 25 MHz and capable of immediate change among the frequencies, provided, however, that this requirement does not apply to equipment manufactured prior to August 15, 1983.
(f) Only 2K80J3E, 100HA1A, 100HA1B and those emission types listed in § 90.237(g) are permitted.
(g) Applicants must fulfill eligibility requirements set out in § 90.35(c)(1) and submit communications plans pursuant to § 90.129(o).
(h) Exercises or circuits tests which require use of these frequencies for more than seven hours per week cumulative are prohibited unless prior written approval is obtained from the Commission.
(a) Any regularly assignable frequency in the 450-470 MHz band listed in the tables in subparts B and C of this part may be designated by the frequency coordinators as a low-power channel in a defined geographic area. These channels are subject to the following conditions.
(1) [Reserved]
(2) Assignments are subject to the frequency coordination requirements of § 90.175.
(3) Stations are limited to 2 watts output power.
(4) Wide area operations will not be authorized. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographical center (latitude and longitude).
(5) A hospital or health care institution holding a license to operate a radio station under this part may operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission. All licensees operating under this authority must comply with the requirements and limitations set forth in this section.
(6) Each coordinator must maintain a list of all channels designated for low-power use and the geographic areas where such channels are available. The coordinator must make this list available to the public upon request.
(7) Antennas of mobile stations used as fixed stations communicating with one or more associated stations located within 45 degrees of azimuth shall be directional and have a front to back ratio of at least 15 dB. Except as provided in this paragraph (b)(7), the height of the antenna used at any mobile station serving as a base, fixed or mobile relay station may not exceed 7 m. (20 ft) above the ground level.
(i) No limit shall be placed on the length or height above ground level of any commercially manufactured radiating transmission line when the transmission line is terminated in a non-radiating load and is routed at least 7 m. (20 ft) interior to the edge of any structure or is routed below ground level.
(ii) Only sea-based stations, and central alarm stations operating on frequencies allocated for central station protection operations, may utilize antennas mounted not more than 7 m. (20 ft.) above a man-made supporting structure, including antenna structures.
(b) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11k25 on frequencies subject to the conditions of paragraph 90.20(d)(20) or paragraph 90.35(c)(30) that have been designated low-power channels pursuant to paragraph (a) of this section may obtain primary status with respect to co-channel licensees, by supplying their coordinates to the Commission. These licensees will continue to operate on a secondary basis with respect to adjacent channel licensees. Additionally, these licensees may continue to operate with an authorized bandwidth wider than 11.25 kHz on frequencies subject to the conditions of paragraph 90.20(d)(20) or paragraph 90.35(c)(30).
(c) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11k25 on frequencies subject to the conditions of paragraph 90.20(d)(20) or paragraph 90.35(c)(30) that have not been designated as low-power channels pursuant to paragraph (a) of this section that otherwise comply with the conditions of paragraph (a) of this section may obtain primary status with respect to co-channel licensees, by modifying their license to a designated low-
(d) Applicants proposing to operate with an authorized bandwidth wider than 11.25 kHz on designated low-power frequencies that are subject to the conditions of paragraph 90.20(d)(20) or paragraph 90.35(c)(30) that otherwise meet the conditions of paragraph (a) of this section, may be licensed on a secondary, non-interference basis.
(a) Frequencies subject to § 90.20(d)(22) may be used for the operation of self-powered vehicle detectors by licensees of base/mobile stations in the Public Safety Pool in accordance with the following conditions:
(1) All stations are limited to 100 milliwatts carrier power and 20K00F7W, 20K00F7X, 20K00F8W, 20K00F8X, 20K00F9W or 20K00F9X emissions. The frequency deviation shall not exceed 5 kHz. No more than two 30 ms. pulses may be emitted for each vehicle sensed.
(2) The transmitters must be crystal controlled with a frequency tolerance of plus or minus .005% from −20° to plus 50 °C. They must be certificated.
(3) The total length of the transmission line plus antenna may not exceed one-half wavelength and must be integral with the unit.
(4) All operation shall be on a secondary, non-interference basis.
(b) [Reserved]
The frequency bands 422.1875-425.4875 MHz and 427.1875-429.9875 MHz are available for use in the Detroit, Michigan and Cleveland, Ohio areas. The bands 423.8125-425.4875 MHz and 428.8125-429.9875 MHz are available for use in the Buffalo, New York area. Sections 90.273 through 90.281 address the specific rules applicable to these bands. Use of these bands is also subject to the general technical standards and application procedures contained in other subparts of part 90. The technical standards applicable in this band are the same as those contained in subpart I of part 90 for the 450-470 MHz band. Private land mobile use of these frequencies is subject to accepting any interference from Federal Government radiolocation operations.
(a) The following tables list frequencies available for assignment in the Public Safety and Industrial/Business Pools as indicated. In the tables, the Public Safety Pool frequencies are denoted as “PS” and the Industrial/Business Pool frequencies are denoted as “IB.” The frequencies 422.19375 MHz through 424.99375 MHz are paired with frequencies 427.19375 MHz through 429.99375 MHz, respectively. Only the lower half of each frequency pair, available for base station operation, is listed in the tables. Corresponding mobile and control station frequencies are 5 MHz higher than the base station frequency. The frequencies 425.000 through 425.48125 are unpaired and are available for either single frequency dispatch or paging operations.
(b) [Reserved]
(c) Base or control stations shall be located within 48 km (30 miles) of the center of Buffalo or 80 km (50 miles) of the center of Detroit. In Cleveland, base or control stations will be allowed at locations north of line A that are within 48 km (30 miles) of the city center. In addition, low power (2 watts or less) base stations may locate within 80 km (50 miles) of the center of Buffalo. The following coordinates shall be used for the centers of these areas (coordinates are referenced to North American Datum 1983 (NAD83)):
(d) Mobile operation shall be confined to within 80 km (50 miles) of the centers of Detroit, Cleveland, or Buffalo.
Applicants must specify the frequencies in which the proposed system will operate pursuant to a recommendation by a frequency coordinator certified for the pool in which the requested frequency is assigned.
(a) Base station authorizations in the 421-430 MHz band will be subject to Effective Radiated Power (ERP) and Effective Antenna Height (EAH) limitations as shown in the table below. ERP is defined as the product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. EAH is calculated by subtracting the Assumed Average Terrain Elevation (AATE) as listed in table 7 of § 90.619 from the antenna height above mean sea level.
(b) The maximum transmitter power output that will be authorized for control stations is 20 watts.
(a) Except for control stations, operational fixed facilities will not be authorized in the 421-430 MHz band. This does not preclude secondary fixed tone signaling and alarm operations authorized in § 90.235.
(b) Control stations associated with one or more mobile relay stations will be authorized only on the assigned frequency of the associated mobile station. Use of a mobile service frequency by a control station of a mobile relay system is subject to the condition that harmful interference shall not be caused to stations of licensees authorized to use the frequency for mobile service communications.
This subpart governs the authorization and use of frequencies by land mobile stations in the band 470-512 MHz on a geographically shared basis with Television Broadcast stations. Under this special sharing plan, different frequencies are allocated depending on the geographic urban area involved as fully detailed in the following rule sections.
Frequencies in the band 470-512 MHz are available for assignment in the urbanized areas listed below. The specific frequencies available are listed in § 90.311 of this part. Note: Coordinates are referenced to North American Datum 1983 (NAD83).
(a) The transmitter site(s) for base station(s), including mobile relay stations, shall be located not more than 80 km. (50 mi.) from the geographic center of the urbanized area listed in § 90.303.
(b) Mobile units shall be operated within 48 km. (30 mi.) of their associated base station or stations. Such units may not be operated aboard aircraft in flight except as provided for in § 90.315(i).
(c) Control stations must be located within the area of operation of the mobile units.
(d) Base and control stations shall be located a minimum of 1.6 km. (1 mi.) from local television stations operating on UHF TV channels separated by 2, 3, 4, 5, 7, and 8 TV channels from the television channel in which the base station will operate.
The tables and figures listed in § 90.309 shall be used to determine the proper power (ERP) and antenna height of the proposed land mobile base station and the proper power (ERP) for the associated control station (control station antenna height shall not exceed 31 m. (100 ft.) above average terrain (AAT)).
(a) Base stations operating on the frequencies available for land mobile use in any listed urbanized area and having an antenna height (AAT) less than 152 m. (500 ft.) shall afford protection to co-channel and adjacent channel television stations in accordance with the values set out in tables A and E of this subpart, except for Channel 15 in New York, NY, and Cleveland, OH, and Channel 16 in Detroit, MI, where protection will be in accordance with the values set forth in tables B and E.
(b) For base stations having antenna heights between 152-914 meters (500-3,000 ft.) above average terrain, the effective radiated power must be reduced below 1 kilowatt in accordance with the values shown in the power reduction graph in Figure A, except for Channel 15 in New York, NY, and Cleveland, OH, and Channel 16 in Detroit, MI, where the effective radiated power must be reduced in accordance with Figure B. For heights of more than 152 m. (500 ft.) above average terrain, the distance to the radio path horizon will be calculated assuming smooth earth. If the distance so determined equals or exceeds the distance to the Grade B contour of a co-channel TV station, (Grade B contour defined
(c) Mobile units and control stations operating on the frequencies available for land mobile use in any given urbanized area shall afford protection to co-channel and adjacent channel television stations in accordance with the values set forth in table C and paragraph (d) of this section except for Channel 15 in New York, NY, and Cleveland, OH, and Channel 16 in Detroit, MI, where protection will be in accordance with the values set forth in table D and paragraph (d) of this section.
(d) The minimum distance between a land mobile base station which has associated mobile units and a protected adjacent channel television station is 145 km (90 miles) .
(e) The television stations to be protected (co-channel, adjacent channel, IM, and IF) in any given urbanized area, in accordance with the provisions of paragraphs (a), (b), (c), and (d) of this section, are identified in the commission's publication “TV stations to be considered in the preparation of Applications for Land Mobile Facilities in the Band 470-512 MHz.” The publication is available at the offices of the Federal Communications Commission at Washington, DC or upon the request of interested persons.
(a)
(2) Entering the proper table at the mileage figure found in paragraph (a)(1) of this section, find opposite, a selection of powers that may be used for antenna heights ranging from 15 m (50 ft) to 152.5 m (500 ft) (AAT). If the exact antenna height proposed for the land mobile base station does not appear in the proper table, use the power figure beneath the next greater antenna height.
(3) The lowest power found using the tables mentioned in paragraphs (a)(1) and (a)(2) of this section is the maximum power that may be employed by the proposed land mobile base station.
(4) In determining the average elevation of the terrain, the elevationsbetween 3.2 km (2 mi) and 16 km (10 mi) from the antenna site are employed. Profile graphs shall be drawn for a minimum of eight radials beginning at the antenna site and extending 16 km (10 mi). The radials should be drawn starting with true north. At least one radial should be constructed in the direction of the nearest cochannel and adjacent channel UHF television stations. The profile graph for each radial shall be plotted by contour intervals of from 12.2 m (40 ft) to 30.5 m (100 ft) and, where the data permits, at least 50 points of elevation (generally uniformly spaced) should be used for each radial. For very rugged terrain 61 m (200 ft) to 122 m (400 ft) contour intervals may be used. Where the terrain is uniform or gently sloping, the smallest contour interval indicated on the topographic chart may be used. The average elevation of the 12.8 km (8-mile) distance between 3.2 km (2 mi) and 16 km (10 mi) from the antenna site should be determined from the profile graph for each radial. This may be obtained by averaging a large number of equally spaced points, by using a planimeter, or by obtaining the median elevation (that exceeded by 50 percent of the distance) in sectors and averaging those values. In the preparation of the profile graphs, the elevation or contour intervals may be taken from U.S. Geological Survey Topographic
(5) Applicants for base stations in the Miami, FL, urbanized area may, in lieu of calculating the height of average terrain, use 3 m (10 ft) as the average terrain height.
(b)
(2) Locate this value on the antenna height axis.
(3) Determine the separation between the LM antenna site and the nearest protected co-channel TV station. (According to § 73.611.)
(4) Draw a vertical line to intersect the LM/TV separation curve at the distance determined in step 3 above. For distances not shown in the graph use linear interpolation.
(5) From the intersection of the LM/TV separation curve draw a horizontal line to the power reduction scale.
(6) The power reduction in dB determines the reduction below 1 kW that must be achieved.
(7) See table F for dB/power equivalents.
(a) Except as provided for in § 90.315 and except for those frequencies allocated to services in part 22 of this chapter (see §§ 22.591, 22.621, 22.651, and 22.1007 of this chapter) the following frequencies in the band 470-512 MHz may be assigned as indicated in the table below. The first and last assignable frequencies are shown. Assignable frequencies occur in increments of 6.25 kHz. The separation between base and mobile transmit frequencies is 3 MHz for two frequency operation.
(1) Channel availability in the General Access Pool in any of the urbanized areas referred to in the table depends on whether that channel is presently assigned to one of the following categories of users:
(i) Public safety (as defined in § 90.20(a));
(ii) Power and telephone maintenance licensees (as defined in § 90.7);
(iii) Special industrial licensees (as defined in § 90.7);
(iv) Business licensees (as defined in § 90.35(a));
(v) Petroleum, forest products, and manufacturers licensees (as defined in § 90.7);
(vi) Railroad, motor carrier, and automobile emergency licensees (as defined in § 90.7); and
(vii) Taxicab licensees (as defined in § 90.7).
(2) If assigned, subsequent authorizations will only be granted to users from the same category. If unassigned, or should a channel subsequently become unassigned, it will be treated as available in the General Access Pool.
(3) Normally, each channel should be substantially loaded in accordance with the standards set out in § 90.313.
(4) The following frequencies will be authorized a maximum bandwidth of 6 kHz.
(b) [Reserved]
(a) Except as provided for in paragraph (b) of this section, the maximum channel loading on frequencies in the 470-512 MHz band is as follows:
(1) 50 units for systems eligible in the Public Safety Pool (see § 90.20(a)).
(2) 90 units for systems eligible in the Industrial/Business Pool (see § 90.35(a)).
(b) If a licensee has exclusive use of a frequency, then the loading standards in paragraph (a) of this section, may be exceeded. If it is a shared channel, the loading standards can be exceeded upon submission of a signed statement by all those sharing the channel agreeing to the increase.
(c) A unit is defined as a mobile transmitter-receiver. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be available for assignment to other users in the same area. A frequency pair may be reassigned at distances 64 km. (40 mi.), 32 km. (20 mi.) for Channel 15, Chicago; Channel 20, Philadelphia; and Channel 17, Washington, or more from the location of base stations authorized on that pair without reference to loading at the point of original installation. Following authorization, the licensee shall notify the Commission either during or at the close of the 8 month period of the number of units in operation. In the Industrial Radio Services, if the base station facility is to be used by more than a single licensee, the frequency assigned to it will not be reassigned for use by another facility within 64 km. (40 mi.) or 32 km. (20 mi.) where applicable for a period of 12 months,
(a) The frequency bands from 490-491 and 493-494 MHz will be available for assignment to stations governed by this part within Zone A. The boundaries of Zone A are from longitude 87°45′ on the east tolongitude 94°00′ on the west, and from the 3-mile limit along the Gulf of Mexico shoreline on the north to the limit of the Outer Continental Shelf on the south. The frequency bands from 484-485 and 476-488 MHz will be available for assignment to stations governed by this part within Zone B. The boundaries of Zone B are from longitude 87°45′ on the east to longitude 95°00′ on the west and from the 3-mile limit along the Gulf of Mexico shoreline on the north to the limit of the Outer Continental Shelf on the south. The frequency bands from 478-479 and 481-481 MHz will be available for assignment to stations governed by this part within Zone C. The boundaries of Zone C are from longitude 94°00′ on the east, the 3-mile limit on the north and west, a 281 km (175 mile) radius from the reference point at Linares, N.L., Mexico on the southwest, latitude 26°00′ on the south, and the limits of the Outer Continental Shelf on the southeast. These frequencies may also be assigned to fixed stations located on shore designed to provide communications service within the zone.
To determine the maximum permissible effective radiated power:
(1) As specified in § 73.611 determine the distance between the proposed station and the cochannel television station. If the exact distance does not appear in table 1 of this section, the next lower distance separation is to be used.
(2) Opposite this distance figure ERPs are given that may be used for antenna heights of 30.5, 45 or 61 meters (100, 150 or 200 ft) ASL. If the exact antenna height is not shown, the ERP allowed will be that shown for the next higher antenna height.
(e) Shore stations communicating point-to-point with offshore stations will be permitted at least the same ERP as the offshore station, but only in the direction of the offshore station. A directional antenna shall be used and the rearward radiated power from the antenna in a sector
As an example of the use of tables 1 and 2, assume an offshore station located 290 km (180 mi) from TV Channel 17 located in Bude, Miss. with an antenna height of 30.5 m (100 ft). Table 1 allows this station to operate with 250 W ERP. Now assume the shore station communicating with the offshore station is 48 km (30 mi) from the offshore station and 241 km (150 mi) from Bude, Miss. The shore station antenna height is 152.5 m (500 ft) above ground. The shore station will be allowed the same ERP as the offshore station (250 W) in the direction of the offshore station. Table 2 indicates that the effective radiated power in a sector <
(f) To provide cochannel protection to television stations, no shore station will be allowed closer than 193 km (120
(g) To provide adjacent channel protection to television stations, no shore or offshore station shall be allowed within an 128 km (80 mile) distance of the adjacent channel television station.
(h) Mobile stations shall not operate closer to shore than 6.4 km (4 miles) beyond the three mile limit and shall not operate with an ERP in excess of 100 watts with 9.1 m (30 ft) maximum antenna height.
(i) Mobile stations installed in aircraft shall operate 11 km (7 miles) beyond the three mile limit and shall not operate with an ERP in excess of 1 watt or at heights in excess of 305 m (1000 feet) AMSL.
(j) The following frequency bands are available for assignment in all services for use in the Zones as defined in paragraph (a) of this section.
Only the first and last assignable frequencies are shown. Frequencies shall be assigned in pairs with 3 MHz spacing between transmit and receive frequencies. Assignable frequency pairs will occur in increments of 6.25 kHz. The following frequencies will be assigned for a maximum authorized bandwidth of 6 kHz: 478.01875, 478.98125, 484.01875, 484.98125, 490.01875, 490.98125, 481.01875, 481.98125, 487.01875, 487.98125, 493.01875, and 493.98125.
(k) Fixed stations operating point-to-point shall be assigned frequencies beginning with 490.025/493.025 MHz (Zone A), 484.025/487.025 MHz (Zone B) and 478.025-481.025 MHz (Zone C) and progressing upwards utilizing available frequencies toward the end of the band. Offshore base/mobile stations shall be assigned frequencies beginning at 490.975/493.975 MHz (Zone A), 484.975/478.975 MHz (Zone B) and 478.975/481.975 MHz (Zone C) and progressing downwards utilizing available frequencies toward the beginning of the band. All frequency assignments are subject to the conditions specified in § 90.173.
(a) Licensees of systems that have exclusive-use status in their respective geographic areas may engage in fixed ancillary signaling and data transmissions, subject to the following requirements:
(1) All such ancillary operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee.
(2) The output power at the remote site shall not exceed 30 watts.
(3) Any fixed transmitters will not count toward meeting the mobile loading requirements nor be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system.
(4) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes.
(5) Operational fixed stations authorized pursuant to the provisions of this paragraph are exempt from the requirements of §§ 90.425 and 90.429.
(6) If the system is licensed on 470-512 MHz conventional frequencies, and exclusivity has been achieved through the aggregate loading of more than a single co-channel licensee, then a licensee must obtain the concurrence of other co-channel licensees prior to commencing such ancillary operations.
(b) Licensees of systems that do not have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions only in accordance with the provisions of § 90.235 of this part.
The Intelligent Transportation Systems radio service is for the purpose of integrating radio-based technologies into the nation's transportation infrastructure and to develop and implement the nation's intelligent transportation systems. It includes the Location and Monitoring Service (LMS) and Dedicated Short Range Communications Service (DSRCS). Rules as to eligibility for licensing, frequencies available, and any special requirements for services in the Intelligent Transportation Systems radio service are set forth in this subpart.
These provisions authorize the licensing of systems in the Location and Monitoring Service (LMS). LMS systems utilize non-voice radio techniques to determine the location and status of mobile radio units. LMS licensees authorized to operate a system in the 902-928 MHz band may serve individuals, federal government agencies, and entities eligible for licensing in this part 90.
(a) Each application to license an LMS system shall include the following supplemental information:
(1) A detailed description of the manner in which the system will operate, including a map or diagram.
(2) The necessary or occupied bandwidth of emission, whichever is greater.
(3) The data transmission characteristics as follows:
(i) The vehicle location update rates;
(ii) Specific transmitter modulation techniques used;
(iii) For codes and timing scheme: A table of bit sequences and their alphanumeric or indicator equivalents, and a statement of bit rise time, bit transmission rates, bit duration, and interval between bits;
(iv) A statement of amplitude-versus-time of the interrogation and reply formats, and an example of a typical message transmission and any synchronizing pulses utilized.
(4) A plan to show the implementation schedule during the initial license term.
(b) LMS stations are exempted from the identification requirements of § 90.425; however, the Commission may impose automatic station identification requirements when determined to be necessary for monitoring and enforcement purposes.
LMS systems may be authorized within the 902-928 MHz band, subject to the conditions in this section. LMS licensees are required to maintain whatever records are necessary to demonstrate compliance with these provisions and must make these records available to the Commission upon request:
(a) LMS operations will not cause interference to and must tolerate interference from industrial, scientific, and medical (ISM) devices and radiolocation Government stations that operate in the 902-928 MHz band.
(b) LMS systems are authorized to transmit status and instructional messages, either voice or non-voice, so long as they are related to the location or monitoring functions of the system.
(c) LMS systems may utilize store and forward interconnection, where either transmissions from a vehicle or object being monitored are stored by the LMS provider for later transmission over the public switched network (PSN), or transmissions received by the LMS provider from the PSN are stored for later transmission to the vehicle or object being monitored. Real-time interconnection between vehicles or objects being monitored and the PSN will only be permitted to enable emergency communications related to a vehicle or a passenger in a vehicle. Such real-time, interconnected communications may only be sent to or received from a system dispatch point or entities eligible in the Public Safety or Special Emergency Radio Services.
(d) Multilateration LMS systems will be authorized on a primary basis within the bands 904-909.75 MHz and 921.75-927.25 MHz. Additionally, multilateration and non-
(e) Multilateration EA-licensed systems and grandfathered AVM systems (see § 90.363) are authorized on a shared basis and must cooperate in the selection and use of frequencies in accordance with Section 90.173(b).
(f) Multilateration EA licensees may be authorized to operate on both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given EA (see § 90.209(b)(10)).
(g) Multilateration LMS systems whose primary operations involve the provision of vehicle location services, may provide non-vehicular location services.
(h) Non-multilateration stations are authorized to operate on a shared, non-exclusive basis in the 902-904 MHz and 909.75-921.75 MHz sub-bands. Non-multilateration systems and multilateration systems will share the 919.75-921.75 MHz band on a co-equal basis. Non-multilateration LMS systems may not provide non-vehicular location services. The maximum antenna height above ground for non-multilateration LMS systems is 15 meters.
(i) Non-multilateration LMS licenses will be issued on a site-by-site basis, except that municipalities or other governmental operatives may file jointly for a non-multilateration license covering a given U.S. Department of Commerce Bureau of Economic Analysis Economic Area (EA). Such an application must identify all planned sites. After receiving the license, the non-multilateration EA licensee must notify the Commission if sites are deleted or if new sites are added, before those sites may be put into operation.
Applications requiring not more than 25 kHz bandwidth per frequency in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either base-mobile frequencies currently assigned the applicant, or be assigned base-mobile frequencies available in the service in which eligibility has been established, provided that:
(a) For transmission between vehicles and base stations, each frequency in a single-frequency mode of operation will provide location data for approximately 200 vehicles, or both frequencies in a two-frequency mode of operation will provide location data for approximately 400 vehicles, except that for frequencies in the 450-512 MHz band that are assigned in pairs in accordance with the allocation plan for the band, the requirement is that location data be provided for approximately 200 vehicles for each frequency pair; and a showing is made that 50 percent of the vehicles will be in operation within the system by the end of the second year of the initial license term, and 70 percent will be in operation within the system by the end of the initial license term; except that if these vehicle loading standards will not be met, frequencies will be assigned only on a secondary non-interference basis to any authorized radiotelephony operation.
(b) The minimum separation between a proposed LMS station and the nearest co-channel base station of another licensee operating a voice system is 75 miles (120 km) for a single frequency mode of operation or 35 miles (56 km) for a two-frequency mode of operation. Where the minimum mileage separation cannot be achieved, agreement to the use of F1D, F2D, G1D, G2D or P0N emission must be received from all existing co-channel licensees using voice emissions within the applicable mileage limits. If there is interference with voice operations and required agreement was not received, or operation was authorized on a secondary non-interference basis, the licensee of the
(c) Frequencies additional to any assigned under paragraph (a) of this section will not be assigned to the same licensee at any stations located within 64 km (40 miles) of any station in which the licensee holds an interest until each of such licensee's frequencies for LMS operation is shown to accommodate not less than 90 percent of the frequency loading requirements specified in paragraph (a) of this section.
(a) Multilateration LMS systems will be authorized on the following LMS sub-bands:
(b) Non-multilateration LMS systems will be authorized on the following frequency bands:
EA-licensed multilateration systems shall limit the field strength of signals transmitted from their base stations to 47 dBuV/m at their EA boundary.
Operations authorized under parts 15 and 97 of this chapter may not cause harmful interference to LMS systems in the 902-928 MHz band. These operations will not be considered to be causing harmful interference to a multilateration LMS system operating in one of the three EA sub-bands (see § 90.357(a)) if they are non-video links operating in accordance with the provisions of parts 15 or 97 of this chapter and at least one of the following conditions are met:
(a) It is a field disturbance sensor operating under § 15.245 of this chapter and it is not operating in the 904-909.750 or 919.750-928.000 MHz sub-bands; or
(b) It does not employ an outdoor antenna; or
(c) If it does employ an outdoor antenna, then if:
(1) The directional gain of the antenna does not exceed 6 dBi, or if the directional gain of the antenna exceeds 6 dBi, it reduces its transmitter output power below 1 watt by the proportional amount that the directional gain of the antenna exceeds 6 dBi; and
(2) Either:
(i) The antenna is 5 meters or less in height above ground; or
(ii) The antenna is more than 5 meters in height above ground but less than or equal to 15 meters in height above ground and either:
(A) Adjusts its transmitter output power below 1 watt by 20 log (h/5) dB, where h is the height above ground of the antenna in meters; or
(B) Is providing the final link for communications of entities eligible under subpart B or C of this part, or is providing the final link for communications of health care providers that serve rural areas, elementary schools, secondary schools or libraries.
(a) These provisions authorize grandfathered operation by automatic vehicle monitoring (AVM) systems licensed on or before February 3, 1995. To attain grandfathered status for their stations, existing multilateration AVM licensees must file, on or before May 22, 1995, applications to modify their station licenses to comply with the band plan shown in § 90.357(a). These applications to modify must identify the multilateration sub-band or sub-bands
(b) When existing multilateration AVM licensees file applications to modify, as specified in paragraph (a) of this section, they
(1) The stations that compose their AVM system were constructed and placed in operation in accordance with § 90.155(e) on or before February 3, 1995; or
(2) The stations were not constructed and placed in operation in accordance with § 90.155(e) on or before February 3, 1995.
(c) Multilateration AVM systems that were constructed and placed in operation on or before February 3, 1995 will be given until April 1, 1998 to convert to the spectrum identified in their LMS system license. Such licensees may continue to operate their systems during this period. Licensees of multilateration AVM constructed and operational systems that do not file applications to modify on or before May 22, 1995, will be permitted to continue operations under the provisions of former § 90.239 until April 1, 1998 or the end of their original license term, whichever occurs first, at which time such licenses will cancel automatically and will not be renewed.
(d) Multilateration AVM licensees for stations that
(e) Non-multilateration systems licensed in spectrum other than the 902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by April 1, 1998 to specify operation solely in the bands provided in § 90.357(b) for non-multilateration systems and to operate their systems consistently with the provisions of § 90.353.
(a)
(2) Multilateration LMS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. Multilateration LMS licensees may partition or disaggregate to any party that is also eligible to be a multilateration LMS licensee. Partitioning is permitted along any service area defined by the parties, and spectrum may be disaggregated in any amount. The Commission will also consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.
(b)
(c)
(d)
(A) The partitionee may certify that it will satisfy the applicable construction requirements for the partitioned license area; or
(B) The original licensee may certify that it has or will meet the construction requirement for the entire license area.
(ii) Failure by any partitionee to meet its respective construction requirements will result in the automatic cancellation of the partitioned or disaggregated license without further Commission action.
(2)
(a) These provisions pertain to systems in the dedicated short range communications services (DSRCS). DSRCS systems utilize non-voice radio techniques to transfer data over short distances between roadside and mobile radio units, between mobile units, and between portable and mobile units to perform operations related to the improvement of traffic flow, traffic safety and other intelligent transportation service applications in a variety of public and commercial environments. When authorized, DSRCS licensees operating systems in the 5850-5925 MHz band may serve individuals, federal government agencies and entities eligible for licensing in this Part, and must comply with the following requirements.
(b) DSRCS stations operating in the band 5850-5925 MHz shall not receive protection from Government Radiolocation services in operation prior to the establishment of the DSRCS station. Operation of DSRCS stations within 75 kilometers of the locations listed in the table below must be coordinated through the National Telecommunications and Information Administration.
The subpart prescribes general operating requirements for stations licensed under this part. This includes station operating procedures, points of communication, permissible communications, methods of station identification, control requirements, and station record keeping requirements.
(a) Licensees of radio stations in the private land mobile radio services shall be directly responsible for the proper operation and use of each transmitter for which they are licensed. In this connection, licensees shall exercise such direction and control as is necessary to assure that all authorized facilities are employed:
(1) Only for permissible purposes;
(2) Only in a permissible manner; and
(3) Only by persons with authority to use and operate such equipment.
(b) In carrying out their responsibilities under § 90.403(a), licensees shall be bound by the provisions of the Communications Act of 1934, as amended, and by the rules and regulations of the Commission governing the radio service in which their facilities are licensed; and licensees may not, through written or oral agreements or otherwise, relieve themselves of any duty or obligation imposed upon them, by law, as licensees.
(c) Except for stations that have been granted exclusive channels under this part and that are classified as commercial mobile radio service providers pursuant to part 20 of this chapter, each licensee must restrict all transmissions to the minimum practical transmission time and must employ an efficient operating procedure designed to maximize the utilization of the spectrum.
(d) Communications involving the imminent safety-of-life or property are to be afforded priority by all licensees.
(e) Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference.
(f) Stations licensed in this part shall not continuously radiate an unmodulated carrier except where required for tests as permitted in § 90.405, except where specifically permitted by this part, where specifically authorized in the station authorization, or on an as needed basis in the Radiolocation Radio Service.
(g) The radiations of the transmitter shall be suspended immediately upon detection or notification of a deviation from the technical requirements of the station authorization and until such deviation is corrected. For transmissions concerning the imminent safety-of-life or property, the transmissions shall be suspended as soon as the emergency is terminated.
(a) Stations licensed under this part may transmit only the following types of communication:
(1) Any communication related directly to the imminent safety-of-life or property;
(2) Communications directly related and necessary to those activities which make the licensee eligible for the station license held under this part. In addition, when communication service is provided under the cooperative sharing provisions of § 90.179, the licensee providing such service may transmit communications related to the activities for which the parties receiving the service would be eligible to be licensed.
(3) Communications for testing purposes required for proper station and system maintenance. However, each licensee shall keep such tests to a minimum and shall employ every measure to avoid harmful interference.
(b) The provisions contained in paragraph (a) of this section do not apply where a single base station licensee has been authorized to use a channel above 470 MHz on an exclusive basis, or to stations licensed under this part that are classified as CMRS providers under part 20 of this chapter.
The licensee of any station authorized under this part may, during a period of emergency in which the normal communication facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster, utilize such station for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations. The Commission may at any time order the discontinuance of such special use of the authorized facilities.
The licensee of any station authorized under this part may, on a voluntary basis, transmit communications necessary for the implementation of civil defense activities assigned such station by local civil defense authorities during an actual or simulated emergency, including drills and tests. The Commission may at any time order the discontinuance of such special use of the authorized facilities.
Stations licensed under this part shall not:
(a) Transmit program material of any kind for use in connection with broadcasting; or
(b) Render a communications common carrier service, except for stations in the Public Safety Pool providing communications standby facilities under § 90.20(a)(2)(xi) and stations licensed under this part in the SMR, private carrier paging, Industrial/Business Pool, or 220-222 MHz services.
(a) Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property.
(b) Any station licensed under this part may communicate with any other station licensed under this part, with U.S. Government stations, and with foreign stations, in connection with mutual activities, provided that where the communication involves foreign stations prior approval of the Commission must be obtained, and such communication must be permitted by the government that authorizes the foreign station. Communications by Public Safety Pool eligibles with foreign stations will be approved only to be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, the provisions of which are set forth in § 90.20(b).
Normally, operations licensed under this part are intended to provide intrastation mobile communications. For example, a base station is intended to communicate with its associated mobile stations and mobile stations are intended to communicate between associated mobile stations and associated base stations of the licensee. Accordingly, operations between base stations at fixed locations are permitted only in the following situations:
(a) Base stations licensed under subpart T of this part and those in the Public Safety Pool that operate on frequencies below 450 MHz, may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these services or pools.
(b) Base stations licensed on any frequency in the Industrial/Business Pool and on base stations frequencies above 450 MHz in the Public Safety Pool may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these pools only when:
(1) The messages to be transmitted are of immediate importance to mobile stations; or
(2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline
(c) Operational fixed stations may communicate with units of associated mobile stations only on a secondary basis.
(d) Operational fixed stations licensed in the Industrial/Business Pool may communicate on a secondary basis with associated base stations licensed in these services when:
(1) The messages to be transmitted are of immediate importance to mobile stations; or
(2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this paragraph.
(e) Travelers’ Information Stations are authorized to transmit certain information to members of the traveling public (see § 90.242).
(f) CMRS Licensees in the SMR categories of part 90, subpart S, CMRS providers authorized in the 220 MHz service of part 90, subpart T, CMRS paging operations as defined by part 90, subpart P and for-profit interconnected business radio services with eligibility defined by section 90.75 are permitted to utilize their assigned spectrum for fixed services on a co-primary basis with their mobile operations.
Mobile station transmitters may be installed in vehicles operated by persons other than the licensee as provided in the following paragraphs when necessary for the licensee to meet his requirements in connection with the activities for which he is licensed. The number of units so installed, together with units installed in vehicles operated by the licensee, must not exceed the number of mobile units authorized to the licensee. When an insufficient number of units is licensed to cover such additional units, the license must be modified to add a sufficient number of mobile units. The licensee is responsible for taking any necessary precaution to effectively eliminate the possibility of unauthorized operation of transmitters when not under the control of the licensee.
(a)
(2) Additionally, units may be installed in the following:
(i) Vehicles of contractors or other persons having a direct responsibility for official highway activities;
(ii) Vehicles of forestry cooperators, and persons having a direct responsibility in the prevention, detection, and suppression of forest fires; and
(iii) Mobile units licensed under § 90.20(a)(2)(iii) may be installed in a vehicle or be hand-carried for use by any person with whom cooperation or coordinations is required for medical services activities.
(b)
(1) Vehicles of persons furnishing under contract to the licensee and for the duration of the contract, a facility or service directly related to the activities of the licensee;
(2) Vehicles operated by an organization or association comprised of interconnected electric utilities forming interconnections, power pools, or groups;
(3) Vehicles of persons furnishing a private emergency road service to its members pursuant to a contract with the association; and
(4) Vehicles operated by organizations providing, under contract, facilities or service in connection with railroad operation or maintenance including pickup, delivery, or transfer between stations of property shipped, continued in, or destined for shipment by railroad common carrier. Parties to
(c) In addition to the above, frequencies assigned to licensees in the Private Land Mobile Radio Services may be installed in the facilities of those who assist the licensee in emergencies and with whom the licensee must communicate in situations involving imminent safety to life or property.
(a) Except as provided in paragraphs (b), (c), and (d) of this section, and except as may be provided in other sections of this part with respect to operation on specific frequencies, mobile stations first authorized after September 14, 1973, under this part may be operated aboard aircraft for air-to-mobile, air-to-base, air-to-air and air-to-ship communications subject to the following:
(1) Operations are limited to aircraft that are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface;
(2) Transmitters are to operate with an output power not to exceed ten watts;
(3) Operations are secondary to land-based systems;
(4) Such other conditions, including additonal reductions of altitude and power limitations, as may be required to minimize the interference potential to land-based systems.
(b) Exceptions to the altitude and power limitations set forth in paragraph (a) of this section may be authorized upon a showing of unusual operational requirements which justify departure from those standards, provided that the interference potential to regular land-based operations would not be increased.
(c) Mobile operations aboard aircraft in the services governed by this part, under licenses in effect September 14, 1973, may be continued without regard to provisions of paragraph (a) of this section, as follows:
(1) Operations may be continued only for the balance of the term of such licenses if aircraft involved are regularly flown at altitudes greater than 1.6 km (1 mi) above the earth's surface.
(2) Operations may be continued for one additional renewal license term if the aircraft involved are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface.
(d) Operation of radiolocation mobile stations may be authorized without regard to limitations and conditions set forth in paragraphs (a), (b), and (c) of this section.
Stations licensed under this part shall transmit identification in accordance with the following provisions:
(a)
(1) A mobile relay stations call sign may be used to identify the associated control and mobile stations, except in the Public Safety Pool where the stations operate on frequencies below 450 MHz. Alternatively, a base station (including a mobile relay station) which is controlled by radio may be identified by the transmission of the call sign of the station at which communications originate.
(2) One or more fixed relay stations may be identified by the transmission of the call signs of the stations at which the communications originate.
(3) When a mobile station transmits on a different frequency than its associated base station, the assigned call sign of either the mobile station or the base station may be transmitted. Further, a single mobile unit in the licensee's authorized geographic area of operation may transmit station identification on behalf of any other operating mobile units in the fleet.
(4)
(ii) In the Industrial/Business Pool, licensees may request the Commission's local Engineer-in-Charge to approve the use of special mobile unit identifiers in lieu of the assigned call sign. Such requests, however, will not be granted where it appears that harmful interference to international operations may be caused by stations below 50 MHz, or by stations operating in areas within 80 km (50 miles) of an international boundary, or where it appears that the proposed method of identification will not adequately distinguish the mobile units of the applicant from the mobile units of other licensees in the area.
(iii) In the Industrial/Business Pool, railroad licensees (as defined in§ 90.7) may identify stations by the name of the railroad and the train number, caboose number, engine number, or the name of the fixed wayside station. If none of these forms are practicable, any similar name or number may be designated by the railroad concerned for use by its employees in the identification of fixed points or mobile units;
(5)
(b)
(1) The signal output of the automatic identification equipment shall be connected to the transmitter at the microphone input or any other manufacturer-provided signal input terminal and shall be adjusted to produce 40 percent
(2) The Morse code transmission rate shall be maintained between 20 and 25 words per minute.
(3) The frequency of the keyed tone comprising the identification signal shall be 1200
(4) Should activation of automatic Morse code identification equipment interrupt the communications of another co-channel licensee, the Commission may require the use of equipment which will delay automatic station identification until such co-channel communications are completed.
(c)
(2) Stations in the Radiolocation Service operating on frequencies above3400 kHz that employ spread spectrum techniques shall transmit a two-letter
(d)
(1) It is a mobile station operating on the transmitting frequency of the associated base station.
(2) It is a mobile station in the Public Safety Pool using F1E or G1E emission.
(3) It is transmitting for telemetering purposes or for the activation of devices which are employed solely as a means of attracting attention, or for remote control purposes, or which is retransmitting by self-actuating means, a radio signal received from another radio station or stations.
(4) It is any type of radiopositioning or radar station authorized in a service other than the Radiolocation Service.
(5) It is used solely for automatic vehicle monitoring or location.
(6) It is a paging station authorized in accordance with the provisions of § 90.20(a)(2)(v).
(7) It is a mobile station employing non-voice emissions and the associated base station identifies on behalf of the mobile unit(s).
(8) It is a base or mobile station in the 220-222 MHz band authorized to operate on a nationwide basis in accordance with subpart T of this part.
(9) It is a wireless microphone station operating in accordance with the provisions of § 90.265(b).
(e) Special provisions for stations licensed under this part that are classified as CMRS providers under part 20 of this chapter.
(1) Station identification will not be required for 929-930 MHz nationwide paging licensees or MTA or EA-based SMR licensees. All other CMRS stations will be required to comply with the station identification requirements of this paragraph.
(2) CMRS stations subject to a station identification requirement will be permitted to use a single call sign for commonly owned facilities that are operated as part of a single system. The call sign must be transmitted each hour within five minutes of the hour, or upon completion of the first transmission after the hour.
(3) CMRS stations granted exclusive channels may transmit their call signs digitally. The station licensee must provide the Commission with information sufficient to decode the digital transmission to ascertain the transmitted call sign.
For
(a) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations.
(b) Except for frequencies used in accordance with § 90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.
(a)
(b) A control point is an operating position:
(1) Which must be under the control and supervision of the licensee;
(2) Where a person immediately responsible for the operation of the transmitter is stationed;
(3) Where the monitoring facilities required by this part are installed.
(c)
(d)
(1) A carrier-operated device which will provide continuous visual indication when the transmitter is radiating, or, a pilot lamp or meter which will provide continuous visual indication when the transmitter circuits have been placed in a condition to produce radiation. The provisions of this subparagraph shall not apply to hand-carried transmitters or transmitters installed on motorcycles. The control point for a transmitter utilized to activate another radio station may employ a single pilot lamp or meter as an indication of the activation of local and remote transmitters.
(2) Facilities which will permit the person responsible for the operation of the transmitter either to disconnect the dispatch point circuits from the transmitter or to render the transmitter inoperative from any dispatch point under his supervision; and
(3) Facilities which will permit the person responsible for the operation of the transmitter to turn the transmitter carrier on and off at will.
(e)
No person is required to be in attendance at a station when transmitting during normal rendition of service and when either:
(a) Transmitting for telemetering purposes; or,
(b) Retransmitting by self-actuating means a radio signal received from another radio station or stations.
(a) No operator license or permit is required for the operation, maintenance, or repair of stations licensed under this part.
(b) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications.
(c) The station licensee shall be responsible for the proper operation of the station at all times and is expected to provide observations, servicing and maintenance as often as may be necessary to ensure proper operation. All adjustments or tests during or coincident with the installation, servicing, or maintenance of the station should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services.
(d) The provisions of paragraph (b) of this section shall not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof), in accordance with the terms of the licenses of those stations.
(a) The current original authorization for each station shall be retained as a permanent part of the station records but need not be posted.
(b) Entities authorized under this part must make available either a clearly legible photocopy of the authorization for each base or fixed station at a fixed location at every control point of the station or an address or location where the current authorization may be found.
(c) An applicant operating under temporary authority in accordance with § 90.159 must post an executed copy of FCC Form 601 at every control point of the system or an address or location where the current executed copy may be found.
All stations and records of stations in these services shall be made available for inspection at any reasonable time and any time while the station is in operation upon reasonable request of an authorized representative of the Commission.
The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter. In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting.
Each licensee of a station in these services shall maintain records in accordance with the following:
(a) For all stations, the results and dates of the transmitting measurements required by § 90.215 of this part and the name of the person or persons making the measurements.
(b) For all stations, the dates and pertinent details of any maintenance performed on station equipment, and the name and address of the service technician who did the work. If all maintenance is performed by the same technician or service company, the name and address need be entered only once in the station records.
(c) For private land stations that are interconnected with the public switched telephone network, the licensee must maintain a detailed description of how interconnection is accomplished. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. See § 90.477.
(d) For shared land stations, the records required by § 90.179.
(a) Station records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record.
(b) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded.
(c) No record or portion thereof shall be erased, obliterated, or wilfully 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 correction made, and indicate the date of correction.
Records required by this part shall be retained by the licensee for at least one year.
(a) Licensees are required to respond to official communications with reasonable dispatch and according to the tenor of the communication. Failure to do so may be considered by the Commission to reflect adversely on a person's qualifications to hold Commission authorizations and may also create liabilities for other sanctions.
(b) Any licensee receiving official notice of a violation of the terms of the Communications Act of 1934, as amended, any legislative act or treaty to which the United States is a party, or the rules and regulations of the Commission, shall, within ten (10) days from such receipt or such other period as may be specified by the Commission, send a written answer to the office of the Commission originating the original notice. If an answer cannot be sent, or an acknowledgement made, within such period, acknowledgement and answer shall be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. The reply shall set forth the steps taken to prevent a recurrence of improper operation.
This subpart sets forth the provisions relating to permissible methods of transmitter control and interconnection (see the definition in § 90.7) of radio systems authorized under this part.
(a)
(b)
(c)
(1) The dial-up circuits serve only to link licensed transmitter control points and the transmitters being controlled.
(2) The dial-up circuits are so designed that the transmitters being controlled cannot be operated from any fixed position other than the licensed control points for those transmitters.
(3) Equipment used to provide the transmitter/dial-up-circuit interface is designed to preclude associated mobile units of the licensee from reaching any point(s) served by the wire line telephone facilities other than the control point(s) of the station(s) controlled.
(4) Any direct electrical connection to the telephone network shall comply with applicable tariffs and with part 68 of the Commission's Rules (See § 90.5(j)).
(5) Interconnection, within the meaning of §§ 90.7 and 90.477 through 90.483, may not take place at a control point which connects to its associated transmitter(s) through dial-up circuits; nor may such dial-up transmitter control circuits be used in conjunction with (or shared by) interconnection equipment.
(a) A control operator is required to be stationed at the operating position
(b) Each station or licensed system of communication shall normally have a control point, or control points, at which the control operator or operators are stationed and at or from which the licensee may exercise supervision and control over the authorized facilities, as required by the provisions of § 90.461.
(c) A transmitter control point may be located at a fixed position in a system of communication at or from which the control operator exercises supervision and control over the operation and use of the licensed facilities. Each fixed transmitter control point shall have equipment and facilities to permit the control operator:
(1) To determine when the transmitter or transmitters controlled are either radiating “RF” energy, or when the transmitter circuits have been placed in a condition to produce such radiation. This may be accomplished either through the use of a carrier operated device which provides a visual indication when the transmitter(s) are radiating or a pilot lamp or meter which provides a visual indication when the transmitter circuits have been placed in a condition to produce radiation. Further, where a local transmitter is used to activate a remote transmitter or transmitters in the licensee's system of communication, a single pilot lamp or meter may be employed to indicate the activation of both the local and the remote transmitter(s).
(2) To turn the carrier of the transmitter on and off at will, or to close the system down completely, when circumstances warrant such action.
(d) The licensee's transmitting facilities may be operated from dispatch points, the fixed control point shall have equipment to permit the control operator to either disconnect the dispatch point circuits from the transmitter(s) or to render the transmitter(s) inoperative from any dispatch point being supervised.
(e) Where the system is interconnected with public communication facilities, as provided at §§ 90.477 through 90.483, and where those rules so require, the fixed control point shall be equipped to permit the control operator:
(1) To monitor co-channel facilities of other licensees sharing an assigned channel or channels with the licensee in the licensee's area of operation; and,
(2) To terminate any transmission(s) or communication(s) between points in the public communications system and the private communications system.
(f) In urban areas, the location of fixed transmitter control points will be specified, “same as transmitter,” unless the control point is at a street address which is different from that of the transmitter(s) controlled. In rural areas, the location of fixed control points will be specified, “same as transmitter,” unless the control point is more than 152.5 m (500 ft) from the transmitter(s) controlled. In the latter case, the approximate location of the control point will be specified in distance and direction from the transmitter(s) controlled in terms of distance and geographical quadrant, respectively. It would be assumed that the location of a fixed control point is the same as the location of the transmitter(s) controlled, unless the applicant includes a request for a different location described in appropriate terms as indicated herein.
(g) [Reserved]
(h) Mobile transmitters shall be assumed to be under the immediate control of the mobile operator; provided,
(a) Depending on design considerations, control of a system of communication may be exercised in varying ways. In single frequency simplex, base/mobile operations, control may be exercised by the control operator at the fixed control point. In mobile relay systems, where there is an associated control point or control station, control may be exercised by the operator at the control point or control station. In mobile-only systems, control may be exercised by the mobile operator. In communication systems involving multiple base stations or fixed relays control of the system may result from a combination of factors and considerations, including control by a fixed control point operator at some point within the system of communication or control by the mobile station operator of the licensee.
(b) In internal systems, as defined at § 90.7 control may be maintained by conforming the system to the requirements of §§ 90.471 through 90.475.
(c) In interconnected systems, as defined at § 90.7 control may be maintained by conforming operation and system design to that permitted at §§ 90.477 through 90.483.
Dispatch points meeting the requirements of this section need not be specifically authorized; provided, however, that the licensee of any radio station operated from a dispatch point or points shall assume full responsibility for the use and operation of the authorized facilities in compliance with all applicable provisions of law or rule and shall comply with the policy:
(a) A dispatch point may be linked to the transmitter(s) being operated by private or leased wire line of fixed radio circuits, provided the requirements of § 90.463 are met.
(b) No telephone position in the public, switched, telephone network will be treated as a dispatch point within the meaning or intent of this section.
(c) Operation of transmitting facilities from dispatch points is permitted only when the control operator at a fixed control point in the system is on duty and at no other time.
(a) Subject to the provisions of §§ 90.243, 90.245, and 90.247, mobile relay, fixed relay, and mobile repeater stations are authorized for unattended operation; and the transmitter control point requirements set out at §§ 90.463 through 90.465 shall not apply.
(b) Self-activated transmitters may be authorized for unattended operation where they are activated by either electrical or mechanical devices, provided the licensee adopts reasonable means to guard against malfunctions and harmful interference to other users.
The transmitting facilities of the licensee may be operated from fixed positions located on premises controlled by the licensee. The fixed position may be part of a private telephone exchange or it may be any position in a closed or
An internal transmitter control system may be operated under the control and supervision of a control operator stationed at a fixed control point in the system. In such a case, the control point must be equipped to permit the control operator to monitor all traffic to and from fixed positions and mobile stations or paging units of the licensee; and the system shall be so designed to permit the control operator to either disconnect any operating position in the internal system from the transmitter control circuit or to close the system down entirely at will.
(a) An internal transmitter control system need not be designed to meet the requirements of § 90.473 if it meets the following requirements:
(1) All operating positions must be located on premises controlled by the licensee.
(2) An internal transmitter control system may be used in conjunction with other approved methods of transmitter control and interconnection so long as the internal transmitter control system, itself, is neither accessed from telephone positions in the public switched telephone network, nor used dial-up circuits in the public switched telephone network. Licensees with complex communications systems involving fixed systems whose base stations are controlled by such systems may automatically access these base stations through the microwave or operational fixed systems from positions in the PSTN, so long as the base stations and mobile units meet the requirements of § 90.483 and if a separate circuit is provided for each mode of transmitter operation (
(3) The system must be designed so that upon completion of a transmission, the base station transmitter(s) will close down automatically within 3 seconds.
(4) To guard against malfunctions, the system must also be designed so that the base station(s) will be deactivated by an automatic timing device when a modulated signal is not transmitted for a period of three (3) consecutive minutes.
(5) The system must include automatic monitoring equipment, installed at the base station transmitter site(s), which will prevent the activation of the system when signals of other co-channel stations are present.
(b) [Reserved]
(a) Fixed stations and mobile stations used to provide the functions of fixed stations pursuant to the provisions of §§ 90.35(c)(11), 90.35(c)(42), and 90.267 are not subject to the interconnection provisions of §§ 90.477 and 90.483 and may be interconnected with the facilities of common carriers.
(b) Mobile stations used to provide the functions of base and mobile relay stations pursuant to the provisions of §§ 90.35(c)(11), 90.35(c)(42), and 90.267 are not subject to the provisions of § 90.477(d)(3) and may be interconnected with the facilities of common carriers subject to the provisions of §§ 90.477(d)(1), 90.477(d)(2), 90.477(e), and 90.483.
(c) The provisions of this section do not apply to commercial mobile radio service providers, as defined in part 20 of this chapter.
(a) Applicants for new land stations to be interconnected with the public switched telephone network must indicate on their applications (class of station code) that their stations will be interconnected. Licensees of land stations that are not interconnected may interconnect their stations with the public switched telephone network only after modifying their license.
(b) In the frequency ranges 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz, interconnection with the public switched telephone network is authorized under the following conditions:
(1) Interconnected operation is on a secondary basis to dispatch operation. This restriction will not apply to trunked systems or on any channel assigned exclusively to one licensee.
(2) Interconnection may be accomplished at any location through a separate or shared interconnection device. When land stations subject to this part are multiple licensed or shared by authorized users, arrangements for telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit cost sharing basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use.
(c) Interconnection of facilities in the Radiolocation Service (subpart F) will not be permitted.
(d) In the frequency ranges below 800 MHz, interconnection with the public switched telephone network is authorized under the following conditions:
(1) Interconnected operation is on a secondary basis to dispatch operation. This restriction will not apply to trunked systems or on any channel assigned exclusively to one licensee.
(2) Interconnection may be accomplished at any location through a separate or shared interconnection device. When land stations subject to this part are multiple licensed or shared by authorized users, arrangements for telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit cost sharing basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use.
(3) For licensees in the Industrial/Business Pool and those licensees who establish eligibility pursuant to § 90.20(a)(2) of this part, except for §§ 90.20(a)(2)(i) and 90.20(a)(2)(ii) of this part and medical emergency systems in the 450-470 MHz band, interconnection will be permitted only where the base station site or sites proposed stations are located 120 km (75 mi.) or more from the designated centers of the urbanized areas listed below. If these licensees seek to connect within 120 km (75 mi.) of the 25 cities, they must obtain the consent of all co-channel licensees located both within 120 km (75
Coordinates are referenced to North American Datum 1983 (NAD83).
(e) Additional frequencies shall not be assigned to enable any licensee to employ a preferred interconnection capability.
(f) Paging systems operating on frequencies in the bands below 800 MHz are not subject to the interconnection provisions of § 90.477(d)(3).
Interconnection may be accomplished by commercial mobile service providers licensed under this part by any technically feasible means. Interconnection may be accomplished by private mobile service providers either manually or automatically under the supervision and control of a transmitter control operator at a fixed position in the authorized system of communications or it may be accomplished under the supervision and control of mobile operators, and is subject to the following provisions:
(a) Where a system is interconnected manually at a fixed control point, the control point operator must maintain the capability to turn the carrier of the transmitter off or to de-activate the system completely when circumstances warrant such action.
(b) When the system is interconnected automatically it may be supervised at the control point or in mobile units.
(1) For control point supervision, the following is required:
(i) The control point operator must maintain the capability to turn the carrier of the transmitter off or to de-activate the system completely when circumstances warrant such action.
(ii) When a frequency is shared by more than one system, automatic monitoring equipment must be installed at the base station to prevent activation of the transmitter when signals of co-channel stations are present and activation would interfere with communications in progress. Licensees may operate without the monitoring equipment if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operatewithout the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. Systems on frequencies above 800 MHz are exempt from this requirement.
(2) For mobile unit supervision, the following is required:
(i) When a frequency is shared by more than one system, automatic monitoring equipment must be installed at each base station to prevent its activation when signals of other co-channel stations are present and activation would interfere with communications in progress. Licensees may operate without this equipment if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. A statement must be submitted to theCommission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. Systems above 800 MHz are exempt from this requirement.
(ii) Initial access from points within the public switched telephone network must be limited to transmission of a 3-second tone, after which time the transmitter shall close down. No additional signals may be transmitted until acknowledgement from a mobile station of the licensee is received. Licensees are exempt from this requirement if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. However, licensees may choose to set
(c) In single frequency systems, equipment must be installed at the base station which will limit any single transmission from within the public switched telephone network to 30 seconds duration and which in turn will activate the base station receiver to monitor the frequency for a period of not less than three (3) seconds. The mobile station must be capable of terminating the communications during the three (3) seconds. Licensees are exempt from this requirement if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of theinterconnected base station transmitter. However, licensees may choose to set their own time limitations. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission.
(d) A timer must be installed at the base station transmitter which limits communications to three (3) minutes. After three (3) minutes, the system must close down, with all circuits between the base station and the public switch telephone network disconnected. This provision does not apply to systems which establish eligibility pursuant to §§ 90.20(a)(1)(i), 90.20(a)(1)(ii), and 90.20(a)(2), except §§ 90.20(a)(2)(i) and 90.20(a)(2)(ii), or who are Power, Petroleum, or Railroad licensees (as defined in § 90.7), or to systems above 800 MHz. All systems must be equipped with a timer that closes down the transmitter within three minutes of the last transmission. Licensees may operate without these requirements if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. However, licensees may choose to set their own time limitations. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of
(a) Subject to specific prohibition or restriction by rule provisions governing the radio service in which a licensee's radio system is authorized, paging operations are permitted:
(1) Where the signals and messages are transmitted by a control operator of the licensee stationed at a licensed control point in the licensee's system of communication.
(2) Where the signals and messages are transmitted from an operating position within an internal system of communication which meets the tests of §§ 90.471 through 90.475.
(3) Where the signals and messages are transmitted from a dispatch point within the licensee's system of communication, as defined as § 90.7.
(b) Systems employing dial-up circuits (§ 90.461(c)) may be used in one-way paging operations, but only where the paging signals are transmitted as provided at paragraph (a)(1) of this section.
(c) Paging may be initiated directly from telephone positions in the public switched telephone network. When land stations are multiple licensed or otherwise shared by authorized users, arrangements for the telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit, cost-shared basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangements must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing arrangement and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use.
Paging operations are permitted in these bands only in accordance with §§ 90.645(e) and (f).
Paging operations on the exclusive channels in the 929-930 MHz band are subject to the rules set forth in this section.
(a)
(b)
(c)
(a) This section applies to licensing of paging stations on the shared (non-exclusive) channels in the 929-930 MHz band. The center frequencies of these channels are listed in paragraph (b) of this section.
(b) The following frequencies are available to all eligible part 90 users for one-way paging systems on a shared basis only and will not be assigned for the exclusive use of any licensee.
(c) All frequencies listed in this section may be used to provide one-way paging communications to persons eligible for licensing under subpart B or C of this part, representatives of Federal Government agencies, individuals, and foreign governments and their representatives. The provisions of § 90.173(b) apply to all frequencies listed in this section.
(d) Licensees on these frequencies may utilize any type of paging operation desired (tone only, tone-voice, digital, tactile, optical readout, etc.).
(e) There shall be no minimum or maximum loading standards for these frequencies.
(f) The effective radiated power for base stations providing paging service on the shared channels must not exceed 3500 watts.
(g) Licenses may be granted on these shared paging channels only for expansion (addition of new sites or relocation of existing sites) or other modification, assignment or transfer of control of existing, licensed private or commercial paging systems, and for new private, internal-use paging systems. Any application for authority to operate a new commercial paging system on any of these shared channels is unacceptable for filing.
This subpart supplements part 1, subpart F of this chapter by describing further requirements for the filing of applications for developmental licenses. It includes special requirements related to developmental operation, restrictions on operations, and special reports required when the development operation is to seek operational data or techniques directed toward the extension of that service.
Those persons who are eligible to operate stations in services under this part on a regular basis are also eligible to obtain an authorization for developmental operation in those particular radio services.
(a) Except as provided in paragraph (b) of this section, each application for developmental operation shall be accompanied by a showing that:
(1) The applicant has an organized plan of development leading to a specific objective;
(2) The actual transmission by radio is essential to proceed beyond the present stage of the program;
(3) The program has reasonable promise of substantial contribution to the expansion or extension of the radio art, or is investigating new unexplored concepts in radio transmission and communications;
(4) The program will be conducted by qualified personnel;
(5) The applicant is legally and financially qualified, and possesses adequate technical facilities to conduct the proposed program; and
(6) The public interest, convenience, and necessity will be served by the proposed operation.
(b) The provisions of paragraph (a) of this section do not apply when an application is made for developmental operation solely for the reason that the frequency requested is restricted to such developmental use.
Stations used for developmental operation shall conform to all technical and operating requirements of subparts I and N of this part, unless specifically exempted in the instrument of authorization.
Stations engaged in developmental operation may be authorized to use a frequency or frequencies available in the service in which they propose to operate. The number of channels assigned will depend upon the specific requirements of the developmental program and the number of frequencies available in the particular geographical area where the station is to operate.
The operation of any station engaged in developmental work shall not cause harmful interference to the operation of stations regularly licensed under any part of the Commission's rules.
(a) The developmental program as described by the application for authorization shall be followed unless the Commission shall otherwise direct.
(b) Where some phases of the developmental program are not covered by the general rules in this chapter and the rules in this part, the Commission may specify additional requirements or conditions as deemed necessary in the public interest, convenience, or necessity.
(c) The Commission may, from time to time, require a station engaged in developmental work to conduct special tests which are reasonable and desirable to the authorized developmental program.
Every application for authority to engage in developmental operation shall be accompanied by a statement signed by the applicant in which it is agreed that any authorization issued pursuant thereto will be accepted with the express understanding of the applicant that it is subject to change in any of its terms or to cancellation in its entirety at any time, upon reasonable notice but without a hearing, if, in the opinion of the Commission, circumstances should so require.
A report on the results of a developmental program shall be filed with and made a part of each application for renewal of authorization. In cases where no renewal is requested, such report shall be filed within 60 days of the expiration of such authorization. Matters which the applicant does not wish to disclose publicly may be so labeled; they will be used solely for the Commission's information, and will not be publicly disclosed without permission of the applicant. The report shall include comprehensive and detailed information on:
(a) The final objective.
(b) Results of operation to date.
(c) Analysis of the results obtained.
(d) Copies of any published reports.
(e) Need for continuation of the program.
(f) Number of hours of operation on each frequency.
This subpart sets forth the regulations governing the licensing and operations of all systems operating in the 764-776 MHz and 794-806 MHz frequency
This section implements the definition of public safety services contained in 47 U.S.C. § 337(f)(1). The following are eligible to hold Commission authorizations for systems operating in the 764-776 MHz and 794-806 MHz frequency bands:
(a)
(b)
(1) Has the ongoing support (to operate such system) of a state or local governmental entity whose mission is the oversight of or provision of services, the sole or principal purpose of which is to protect the safety of life, health, or property;
(2) Operates such authorized system solely for transmission of communication essential to providing services the sole or principal purpose of which is to protect the safety of life, health, or property; and
(3) All applications submitted by NGOs must be accompanied by a new, written certification of support (for the NGO applicant to operate the applied-for system) by the state or local governmental entity referenced in paragraph (b)(1) of this section.
(c)
(d) Paragraphs (a) and (b) notwithstanding, no entity is eligible to hold an authorization for a system operating in the 764-776 MHz and 794-806 MHz frequency bands on the basis of services, the sole or principal purpose of which is to protect the safety of life, health or property, that such entity makes commercially available to the public.
At 65 FR 53645, Sept. 5, 2000, § 90.523 was amended by revising paragraph (b), effective Nov. 6, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(b)
(1) Has the written, ongoing support (to operate such system) of a state or local governmental entity whose mission is the oversight of or provision of services, the sole or principal purpose of which is to protect the safety of life, health, or property; and
(2) Operates such authorized system solely for transmission of communication essential to providing services the sole or principal
Each regional planning committee must submit a regional plan for approval by the Commission.
(a)
(1) Identification of the document as the regional plan for the defined region with the names, business addresses, business telephone numbers, and organizational affiliations of the chairpersons and all members of the planning committee.
(2) A summary of the major elements of the plan and an explanation of how all eligible entities within the region were given an opportunity to participate in the planning process and to have their positions heard and considered fairly.
(3) A general description of how the spectrum would be allotted among the various eligible users within the region with an explanation of how the requirements of all eligible entities within the region were considered and, to the degree possible, met.
(4) An explanation as to how needs were assigned priorities in areas where not all eligible entities could receive licenses.
(5) An explanation of how the plan had been coordinated with adjacent regions.
(6) A detailed description of how the plan put the spectrum to the best possible use by requiring system design with minimum coverage areas, by assigning frequencies so that maximum frequency reuse and offset channel use may be made, by using trunking, and by requiring small entities with minimal requirements to join together in using a single system where possible.
(7) A detailed description of the future planning process, including, but not limited to, amendment process, meeting announcements, data base maintenance, and dispute resolution.
(8) A certification by the regional planning chairperson that all planning committee meetings, including subcommittee or executive committee meetings, were open to the public.
(b)
This section sets forth the band plan for the 764-776 MHz and 794-806 MHz public safety bands.
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(e)
This section applies to each license to operate one or more public safety transmitters in the 764-776 MHz and 794-806 MHz bands, at a location or locations North of Line A (see § 90.7) or within 120 kilometers (75 miles) of the U.S.-Mexico border, until such time as agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, become effective governing border area non-broadcast use of these bands. Public safety licenses are granted subject to the following conditions:
(a) Operation of public safety transmitters must not cause harmful interference to the reception of television broadcasts transmitted by UHF TV broadcast stations located in Canada or Mexico. In addition, public safety base, control, and mobile transmitters must comply with the interference protection criteria in § 90.545 for TV/DTV stations in Canada and Mexico.
(b) Public safety facilities must accept any interference that may be caused by operations of UHF television broadcast transmitters in Canada and Mexico.
(c) Conditions may be added during the term of the license, if required by the terms of international agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, regarding non-broadcast use of the 764-776 MHz and 794-806 MHz bands.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz frequency bands must meet the following modulation standards:
(a) All transmitters in the 764-776 MHz and 794-806 MHz frequency bands must use digital modulation. Mobile and portable transmitters may have analog modulation capability only as a secondary mode in addition to its primary digital mode.
(b) Transmitters designed to operate in the narrowband segment using digital modulation must be capable of maintaining a minimum data rate of 4.8 kbps per 6.25 kHz of bandwidth.
(c) Transmitters designed to operate in the wideband segment using digital modulation must be capable of maintaining a minimum data rate of 384 kbps per 150 kHz of bandwidth.
At 65 FR 53645, Sept. 5, 2000, § 90.535 was amended by revising paragraphs (b) and (c), effective Nov. 6, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(b) Transmitters designed to operate in the narrowband segment using digital modulation must be capable of maintaining a data throughput of not less than 4.8 kbps in a 6.25 kHz bandwidth.
(c) Transmitters designed to operate in the wideband segment using digital modulation must be capable of maintaining a data throughput of not less than 384 kbps in a 150 kHz bandwidth.
All systems using six or more narrowband channels in the 764-776 MHz and 794-806 MHz frequency bands must be trunked systems, except for those using the designated nationwide interoperability channels.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz frequency bands must meet the frequency stability requirements in this section.
(a) Mobile, portable and control transmitters must normally use automatic frequency control (AFC) to lock on to the base station signal.
(b) The frequency stability of base transmitters operating in the narrowband segment must be 100 parts per billion or better.
(c) The frequency stability of mobile, portable, and control transmitters operating in the narrowband segment must be 400 parts per billion or better when AFC is locked to the base station. When AFC is not locked to the base station, the frequency stability must be at least 1.0 ppm for 6.25 kHz, 1.5 ppm for 12.5 kHz (2 channel aggregate), and 2.5 ppm for 25 kHz (4 channel aggregate).
(d) The frequency stability of base transmitters operating in the wideband segment must be 1 part per million or better.
(e) The frequency stability of mobile, portable and control transmitters operating in the wideband segment must be 1.25 parts per million or better when AFC is locked to a base station, and 5 parts per million or better when AFC is not locked.
At 65 FR 53646, Sept. 5, 2000, § 90.539 was amended by revising paragraph (c), effective Nov. 6, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(c) The frequency stability of mobile, portable and control transmitters operating in the narrowband segment must be 400 parts per billion or better when AFC is locked to a base station, and 2.5 parts per million or better when AFC is not locked.
The transmitting power of base, mobile, portable and control stations operating in the 764-776 MHz and 794-806 MHz frequency bands must not exceed the maximum limits in this section, and must also comply with any applicable effective radiated power limits in § 90.545.
(a) The transmitting power of base transmitters must not exceed the limits given in paragraphs (a), (b) and (c) of § 90.635.
(b) The transmitter output power of mobile and control transmitters must not exceed 30 Watts.
(c) The transmitter output power of portable (hand-held) transmitters must not exceed 3 Watts.
(d) Mobile and portable transmitters must be designed to employ automatic power control.
At 65 FR 53646, Sept. 5, 2000, § 90.541 was amended by removing paragraph (d), effective Nov. 6, 2000.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz frequency bands must meet the emission limitations in this section.
(a) The adjacent channel coupled power (ACCP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a maximum value for the ACCP relative to maximum output power as a function of the displacement from the channel center frequency. In addition, the ACCP for a mobile station transmitter at the specified frequency displacement must not exceed the value shown in the tables. For transmitters that have power control, the latter ACCP requirement can be met at maximum power reduction. In the following charts, “(s)” means a swept measurement is to be used.
(b)
(1)
(2)
(3)
(4)
(c)
(d)
Public safety base, control, and mobile transmitters in the 764-776 MHz and 794-806 MHz frequency bands must be operated only in accordance with the rules in this section, to reduce the potential for interference to public reception of the signals of existing TV and DTV broadcast stations transmitting on TV Channels 62, 63, 64, 65, 67, 68 or 69.
(a)
(1) The minimum D/U ratio for co-channel stations is 40 dB at the hypothetical Grade B contour (64 dBμV/m) (88.5 kilometers or 55.0 miles) of the TV station or 17 dB at the equivalent Grade B contour (41 dBμV/m) (88.5 kilometers or 55.0 miles) of the DTV station.
(2) The minimum D/U ratio for adjacent channel stations is 0 dB at the hypothetical Grade B contour (64 dBμV/m) (88.5 kilometers or 55.0 miles) of the TV station or −23 dB at the equivalent Grade B contour (41 dBμV/m) (88.5 kilometers or 55.0 miles) of the DTV station.
(b)
(1) Each base station is limited to a maximum ERP of 1000 watts.
(2) Each control station is limited to a maximum ERP of 200 watts and a maximum HAAT of 61 m. (200 ft).
(3) Each mobile station is limited to a maximum ERP of 30 watts and a maximum antenna height of 6.1 m. (20 ft.).
(4) Each portable (handheld) transmitter is limited to a maximum ERP of 3 watts.
(5) All transmitters are subject to the power reductions given in Figure B of § 90.309 of this chapter, for antenna heights higher than 152 meters (500 ft).
(c)
The transition period is scheduled to end on December 31, 2006. After that time, unless otherwise directed by the Commission, public safety stations will no longer be required to protect reception of co-channel or adjacent channel TV/DTV stations.
(1) Licensees of stations operating within the ERP and HAAT limits of paragraph (b) must select one of three methods to meet the TV/DTV protection requirements, subject to Commission approval:
(i) utilize the geographic separation specified in the tables referenced below;
(ii) submit an engineering study justifying the proposed separations based on the actual parameters of the land mobile station and the actual parameters of the TV/DTV station(s) it is trying to protect; or,
(iii) obtain written concurrence from the applicable TV/DTV station(s). If this method is chosen, a copy of the agreement must be submitted with the application.
(2) The following is the method for geographic separations.
(i) Base stations having an antenna height (HAAT) less than 152 m. (500 ft.) shall afford protection to co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table B (co-channel frequencies based on 40 dB protection) and Table E (adjacent channel frequencies based on 0 dB protection) in § 90.309 of this part. For base stations having an antenna height (HAAT) between 152-914 meters (500-3,000 ft.) the effective radiated power must be reduced below 1 kilowatt in accordance with the values shown in the power reduction graph in Figure B in § 90.309 of this part. For heights of more than 152 m. (500 ft.) above average terrain, the distance to the radio path horizon will be calculated assuming smooth earth. If the distance so determined equals or exceeds the distance to the hypothetical or equivalent Grade B contour of a co-channel TV/DTV station (
(ii) Control and mobile stations (including portables) are limited in height and power and therefore shall afford protection to co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table D (co-channel frequencies based on 40 dB protection) in § 90.309 of this part and a minimum distance of 8 kilometers (5 miles) from all adjacent channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent channel frequencies based on 0 dB protection for TV stations and—23 dB for DTV stations). Since control and mobile stations may affect different TV/DTV stations than the associated base station, particular care must be taken by applicants to ensure that all the appropriate TV/DTV stations are considered (
(iii) In order to protect certain TV/DTV stations and to ensure protection from these stations which may have extremely large contours due to unusual height situations, an additional distance factor must be used by all public safety base, control and mobile stations. For all co-channel and adjacent channel TV/DTV stations which have an HAAT between 350 and 600 meters, public safety stations must add the following DISTANCE FACTOR to the value obtained from the referenced Tables in § 90.309 and to the distance for control and mobile stations on adjacent TV/DTV channels (96.5 km).
DISTANCE FACTOR = (TV/DTV HAAT−350) ÷ 14 in kilometers, where HAAT is the TV or DTV station antenna height above average terrain obtained from its authorized or proposed facilities, whichever is greater.
(iv) For all co-channel and adjacent channel TV/DTV stations which have an antenna height above average terrain greater than 600 meters, public safety stations must add 18 kilometers as the DISTANCE FACTOR to the value obtained from the referenced Tables in § 90.309 and to the distance for control and mobile stations on adjacent TV/DTV channels (96.5 km).
The 88.5 km (55.0 mi) Grade B service contour (64 dBμV/m) is based on a hypothetical TV station operating at an effective radiated power of one megawatt, a transmitting antenna height above average terrain of 610 meters (2000 feet) and the Commission's R-6602 F(50,50) curves.
At 65 FR 53646, Sept. 5, 2000, § 90.545 was amended by revising paragraph (c)(2)(ii), effective Nov. 6, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(c) * * *
(2) * * *
(ii) Control and mobile stations (including portables) are limited in height and power and therefore shall afford protection to co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table D (co-channel frequencies based on 40 dB protection) in § 90.309 of this part and a minimum distance of 8 kilometers (5 miles) from all adjacent channel TV/DTV station hypothetical or equivalent Grade B contours (adjacent channel frequencies based on 0 dB protection for TV stations and −23 dB for DTV stations). Since control and mobile stations may affect different TV/DTV stations than the associated base station, particular
Mobile and portable transmitters designed pursuant to standards adopted by the National Coordination Committee to operate in the 764-776 MHz and 794-806 MHz frequency bands must be capable of operating on any of the designated nationwide narrowband interoperability channels approved by the Commission.
Transmitters operated in the 764-776 MHz and 794-806 MHz frequency bands must be certificated as required by § 90.203.
Each station authorized under this subpart to operate in the 764-776 MHz and 794-806 MHz frequency bands must be constructed and placed into operation within 12 months from the date of grant of the authorization. However, licensees may request a longer construction period, up to but not exceeding 5 years, pursuant to § 90.155(b).
This subpart sets out the regulations governing the licensing and operations of all systems operating in the 806-824/851-869 MHz and 896-901/935-940 MHz bands. It includes eligibility requirements, and operational and technical standards for stations licensed in these bands. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands.
The following persons are eligible for licensing in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands.
(a) Any person eligible for licensing under subparts B, C, D, or E of this part.
(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part on a not-for-profit, cost-shared basis.
(c) Any person eligible under this part and proposing to provide on a commercial basis base station an ancillary facilities as a Specialized Mobile Radio Service System operator, for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.
Applications for conventional and trunked radio facilities must be prepared on FCC Form 601 and must be submitted or filed in accordance with § 90.127 and part 1, subpart F of this chapter.
(a) Where the applicant is a person proposing to provide service to eligibles under this part on a commercial basis, the applicant must supply:
(1) A statement of the planned mode of operation.
(2) A statement certifying that no person not eligible to use the proposed facility for the purposes for which it is to be authorized will be offered or provided service through the licensee's base station facility.
(b) Except for applicants for SMR licenses, all applicants for conventional radio systems must:
(1) List all radio systems licensed to them or proposed by them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied.
(2) Specify the number of mobile units to be placed in operation upon grant of the authorization and the number of such units that will be placed in operation within 8 months of the date of grant.
(c) Except for applicants for SMR licenses, all applicants for trunked systems must:
(1) List all radio systems licensed to them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied;
(2) Specify the number of vehicular and portable mobile units and control stations to be placed in operation within the term of the license.
(d) [Reserved]
(e) Except for applicants requesting frequencies in the SMRS category listed in §§ 90.617(d) and 90.619, all applicants for frequencies governed by this subpart must comply with the frequency coordination requirements of § 90.175(b).
(a) [Reserved]
(b) A license to operate a conventional or trunked radio system may not be assigned or transferred prior to the completion of construction of the facility. However, the Commission may give its consent to the assignment or transfer of control of such a license prior to the completion of construction where:
(1) The assignment or transfer does not involve a substantial change in ownership or control of the authorized radio facilities; or,
(2) The assignment or transfer is involuntary due to the licensee's insolvency, bankruptcy, incapacity, or death.
(c) Licensees of constructed systems in any category other than Spectrum Block D frequencies in the 800 MHz SMR service (formerly General Category) are permitted to make partial assignments of an authorized grant to an applicant proposing to create a new system or to an existing licensee that has loaded its system to 70 mobiles per channel and is expanding that system. An applicant authorized to expand an existing system or to create a new system with frequencies from any category other than Spectrum Block D frequencies in the 800 MHz SMR service obtained through partial assignment will receive the assignor's existing license expiration date and loading deadline for the frequencies that are assigned. A licensee that makes a partial assignment of a station's frequencies will not be authorized to obtain additional frequencies for that station for a period of one year from the date of the partial assignment.
(d) A constructed system originally licensed in the General Category that is authorized to operate in the conventional mode may be combined with an existing SMR system above 800 MHz authorized to operate in the trunked mode by assignment of an authorized grant of the General Category station to the SMR station.
The following table indicates the channel designations of frequencies
(a) The channels listed in table 1 and paragraph (a)(1) of this section are available to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. These frequencies are available in areas farther than 110 km (68.4 miles) from the U.S./Mexican border, and 140 km (87 miles) from the U.S./Canadian border. Specialized Mobile Radio Systems will not be authorized in this category. These channels are available for intercategory sharing as indicated in § 90.621(g).
(1) Channels numbers 601-830 are also available to eligible applicants in the Public Safety Category in areas farther than 110 km (68.4 miles) from the U.S./Mexican border, and 140 km (87 miles) from the U.S./Candian border. The assignment of these channels will be done in accordance with the policies defined in the
(b) The channels listed in Table 2A are available to eligible applicants in the Industrial/Land Transportation Category (consisting of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency licensees, as defined in § 90.7). These frequencies are available in areas farther than 110 km (68.4 miles) from the U.S./Mexico border and farther than 140 km (87.0 miles) from the U.S./Canada border. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. These channels are available for inter-category sharing as indicated in § 90.621(g).
For multichannel systems channels may be grouped vertically or horizontally as they appear in the table.
(c) The channels listed in Table 3A are available to eligible applicants in the Business Radio Category. This category includes those entities eligible in the Industrial/Business Pool of subpart C of this part and does not include Special Mobilized Radio Systems as defined in § 90.603(c). These frequencies are available in areas farther than 110 km (68.4 miles) from the U.S./Mexico border and farther than 140 km (87.0 miles) from the U.S./Canada border. Specialized Mobile Radio Systems will not be authorized on these frequencies. These channels are available for inter-category sharing as indicated in § 90.621(g).
For multichannel systems, channels may be grouped vertically or horizontally as they appear in the table.
(d) The channels listed in Tables 4A and 4B are available only to eligibles in the SMR category which consists of Specialized Mobile Radio (SMR) stations and eligible end users. The frequencies listed in Table 4A are available to SMR eligibles desiring to be authorized for EA-based service areas in accordance with § 90.681. SMR licensees licensed on Channels 401-600 on or before March 3, 1996, may continue to utilize these frequencies within their existing service areas, subject to the mandatory relocation provisions of § 90.699. This paragraph deals with the assignment of frequencies only in areas farther than 110 km (68.4 miles) from the U.S./Mexico border and farther than 140 km (87) miles from the U.S./Canada border. See § 90.619 for the assignment of SMR frequencies in these border areas. For stations located within 113 km (70 miles) of Chicago, channels 401-600 will be assigned in blocks as outlined in Table 4C.
(a) U.S./Mexico border area. The channels listed in tables 1A, 2A, 3A and 4A are offset 12.5 kHz lower in frequency than those specified in the 806-821/851-866 MHz table in § 90.613. The Channel 201 base frequency will be 856.000 MHz, followed by Channel 202 at 856.025 MHz and proceeding with uniform 25 kHz channeling to Channel 400 at 860.975 MHz. Mobile station frequencies will be 45 MHz lower in frequency. These channels are available for assignment for conventional or trunked systems only in areas 110 kilometers (68.4 miles) or less from the U.S./Mexico border. Stations located on Mt. Lemmon, serving the Tucson, AZ area, will only be authorized offset frequencies. The channels listed in tables 2B, 3B, and 4B correspond to those
(1) Table 1A lists the channels in the 806-821/851-866 MHz band that are available for assignment to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. Specialized Mobile Radio Systems (SMRS) will not be authorized in this category. These channels are available for intercategory sharing as indicated in § 90.621(g).
(2) Certain channels in the 821-824/866-869 MHz band are also available to eligible applicants in the Public Safety Category in areas within 110 kilometers (68.4 miles) of the U.S./Mexico border. These channels will be assigned according to the policies defined in the
(3) Tables 2A and 2B list the channels that are available for assignment to eligible applicants in the Industrial/Land Transportation Category (consisting of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency licensees, as defined in § 90.7). New applications for Specialized Mobile Radio systems will not be accepted for these channels after March 18, 1996.
For multichannel systems, channels may be grouped vertically or horizontally as they appear in the table. Channels numbered above 200 may be used only subject to the power flux density limits stated in paragraph (a)(2) of this section:
(4) Tables 3A and 3B list the channels that are available for assignment to eligible applicants in the Business Radio Category. This category includes those entities eligible in the Industrial/Business Pool of subpart C of this part and does not include Special Mobilized Radio Systems as defined in § 90.603(c). These channels are available for inter-category sharing as indicated in § 90.621(g).
For multichannel systems, channels may be grouped vertically or horizontally as they appear in the table. Channels numbered above 200 may be used only subject to the power flux density limits stated in paragraph (a)(2) of this section.
(5) Tables 4A and 4B list the channels that are available for assignment for the SMR Category (consisting of Specialized Mobile Radio systems as defined in § 90.7).
These channels are not available for inter-category sharing.
(b)
(1) The U.S./Canada border area is divided into eight geographical regions with U.S. channel allocations shown in table 5.
(2) Station authorizations in Regions 1-4 and Regions 6-8 will be subject to Effective Radiated Power (ERP) and Effective Antenna Height (EAH) limitations as indicated in table 6. Stations in Region 5 will be subject to the ERP and antenna height above mean sea level limitations in table 8. Effective Radiated Power (ERP) is defined as the product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Effective Antenna Height is calculated by subtracting the Assumed Average Terrain Elevation (AATE) given in table 7 from the antenna height above mean sea level.
(3) The following frequency bands are available in each Region with the exception of those listed in § 90.619(b)(5).
(4) Coordination with Canada will be required:
(i) For frequencies in the 808.2625-809.7375/853.2625-854.7375 MHz and 817.2625-818.7375/862.2625-863.7375 MHz bands, for stations to be located in the geographical area in Region 1 enclosed by the United States border, the meridian 71° W and the line beginning at the intersection of 44°25′N, 71° W, then running by great circle arc to the intersection of 45° N, 70° W, then North along meridian 70° W to the intersection of 45°45′N, then running West along 45°45′N to the intersection of the United States—Canada border.
(ii) For frequencies in the 808.2625-811.2375/853.2625-856.2375 MHz and 815.7625-818.7375/860.7625-863.7375 MHz bands, for stations to be located in the geographical area in Region 3 enclosed by the meridian 81° W longitude, the arc of a circle of 100 km radius centered at the intersection of 81° W longitude and the northern shore of Lake Erie and drawn clockwise from the southerly intersection with 81° W longitude to intersect the United States-Canada border, and the United States-Canada border.
(5) Applicants requesting authorizations in the frequency bands in the geographical areas listed below shall submit documentation indicating compliance with the following protection criteria to the indicated Canadian television station. Protection to Canadian television assignments and allotments is based on the field strength of an interfering mobile radio signal at the TV station's calculated Grade B contour (64 dBu) not exceeding the TV field strength by more than 20 dB (i.e., 84 dBu). The field strength of the TV assignment or allotment is calculated using the R6602 [F(50,50)] propagation curves and any land mobile base station interfering signal is calculated using the R6602 [F(50,10)] propagation curves at a receiving effective antenna height of 9.1 meters (30 feet). Where the calculated field strength of the TV assignment or allotment exceeds the Grade B contour value of 64 dBu at the Canada/U.S.A. border, the land mobile radio signal may not exceed the actual calculated TV field strength at the border by more than 20 dB.
(6) [Reserved]
(7) Frequencies in Regions 1-8 are designated in accordance with the following:
(i) As shown in § 90.613, mobile and control station transmitting frequencies will commence with Channel No. 1 at 806.0125 MHz, followed by Channel No. 2 at 806.0375 MHz and proceed with uniform 25 kHz spacing to the band end, with Channel No. 600 at 820.9875 MHz. Corresponding base station frequencies, separated by 45 MHz from the mobile control frequencies, will commence with Channel No. 1 at 851.0125 MHz and end with Channel No. 600 at 865.9875 MHz.
(ii) Channels will be arranged into 5-channel groups. Because of the distribution and differing number of channels available for United States use in Regions 1-8, channel spacing between channels in a 5-channel group vary as follows:
(iii) The Public Safety Category consists of those entities eligible in the Public Safety Pool of subpart B of this part. The Industrial/Land Transportation Category consists of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special
(8) Tables 9, 10, 11, and 12 list the channels available in Regions 1, 4, 5, and 6 for the categories of users indicated. Frequencies are given in § 90.613.
(9) Tables 13, 14 15, and 16 list the frequencies available in Region 2 for the categories of users indicated.
(10) Tables 17, 18, 19, and 20 list the frequencies available in Region 3 for the categories of users indicated.
(11) Tables 21, 22, 23, and 24 list the frequencies available in Regions 7 and 8 for the categories of users indicated.
(c)
(1) Channels 601-830, as listed in § 90.613 table of 806-824/851-869 MHz Channel Designations, are available to eligible applicants in the Public Safety Category for use in the U.S./Canada border area as shown in table 25. Additionally, Channels 601, 639, 677, 715, and 753 are available in all regions only for mutual aid purposes.
(2) All frequency assignments made pursuant to paragraph (c)(1) of this section shall comply with the requirements of § 90.619(b)(2).
(3) In Region 5, Channels 601-714 may be authorized in the United States under the following conditions:
(i) An assignment may be made if the predicted power flux density (PFD) of a proposed station's signal does not exceed −107 dBW/m
A.G. Longley and P.L. Rice,
P.L. Rice, A.G. Longley, K.A. Norton, and A.P. Barsis,
(ii) Authorizations for Channels 601-714 in Region 5 are secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding −107 dBW/m
(4) Channel assignments for stations to be located in the geographical area in Region 1 enclosed by the Unites States-Canada border, the meridian 71°W and the line beginning at the intersection of 44°25′ N, 71° W, then-running by great circle arc to the intersection of 45° N, 70° W, then North along meridian 70° W to the intersection of 45°45′ N, then running West along 45°45′ N to the intersection of the United States-Canada border, will be only for even numbered channels beginning with Channel 716 and ending with Channel 758.
(5) Channel assignments for stations to be located in the geographical area in Region 3 enclosed by the meridian 81° W longitude, the arc of a circle of 100 km radius centered at 42°39′30″ N latitude 81° W longitude at the northern shore of Lake Erie and drawn clockwise from the southerly intersection with 80°30′ W longitude to intersect the United States-Canada border West of 81° W, and the United States-Canada border, will be only for even numbered channels beginning with Channel 636 and ending with Channel 758. Coordination with Canada will be required for these channels. U.S. stations must protect Canadian stations operating on channels 636 through 758 within an area of 30 km radius from the center city coordinates of London, Ontario (42°59′ N, 81°14′ W).
(6)
Authorizations for stations using these channels will be secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding the values specified in tables 29 or 30 at or beyond the U.S./Canada border.
(d)
(1) Channels 1-399, as listed in § 90.613 table of 896-901/935-940 MHz Channel Designations, are available to eligible applicants for use in the U.S./Canada border area as shown in table 27. Additionally, Channels 71, 75, 79, 151, 155, and 159 are available in all regions only for implementation of an Advanced Train Control System as defined in 3 FCC Rcd 427 (1988) (Advanced Train Control Waiver).
(2) All frequency assignments made pursuant to paragraph (d)(1) of this section shall comply with the requirements of § 90.619(b)(2).
(3) In Region 5, Channels 201-397 may be authorized in the United States under the following conditions:
(i) An assignment may be made if the predicted power flux density (PFD) of a proposed station's signal does not exceed -107 dBW/m
(ii) Authorizations for Channels 201-397 in Region 5 are secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding -107 dBW/m
(4) Channel assignments for stations to be located in the geographical area in Region 1 enclosed by the United States-Canada border, the meridian 71° W and the line beginning at the intersection of 44°25′ N, 71° W, then running by great circle arc to the intersection of 45° N, 70° W, then North along meridian 70° W to the intersection of 45°45′ N, then running West along 45°45′ N to the intersection of the United States-Canada border, will be only for channels 121 through 160, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels.
(5) Channel assignments for stations to be located in the geographical area in Region 3 enclosed by the meridian of 81° W longitude, the arc of a circle of 100 km radius centered at 42°39′30″ N latitude and 81° W longitude at the northern shore of Lake Erie and drawn clockwise from the southerly intersection with 80°30′ W longitude to intersect the United States-Canada border West of 81° W, and the United States-Canada border, will be only for channels 121 through 230, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels. U.S. stations must protect Canadian stations operating on channels 121 through 230 within an area of 30 km radius from the center city coordinates (referenced to North American Datum 1983 (NAD83)) of London, Ontario (42° 59′ 00.1″ N, 81° 13′ 59.5″ W).
(6)
Authorizations for stations using these channels will be secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding the values specified in tables 29 or 30 at or beyond the U.S./Canada border.
(a) Applicants for frequencies in the Public Safety, Industrial/Land Transportation, and Business Categories must specify on the application the frequencies on which the proposed system will operate pursuant to a recommendation by the applicable frequency coordinator. Applicants for frequencies in the SMR Category must request specific frequencies by including in their applications the frequencies requested.
(1) For trunked systems, the assignment of frequencies will be made in accordance with applicable loading criteria and in accordance with the following:
(i) Channels will be chosen and assigned in accordance with §§ 90.615, 90.617, or 90.619.
(ii) A mobile station is authorized to transmit on any frequency assigned to its associated base station.
(iii) There are no limitations on the number of frequencies that may be trunked. Authorizations for non-SMR stations may be granted for up to 20 trunked frequency pairs at a time in accordance with the frequencies listed in §§ 90.615, 90.617, and 90.619.
(2) For conventional systems the assignment of frequencies will be made in accordance with applicable loading criteria. Accordingly, depending upon the number of mobile units to be served, an applicant may either be required to share a channel, or, if an applicant shows a sufficient number of mobile units to warrant the assignment of one or more channels for its exclusive use, it may be licensed to use such channel or channels on an unshared basis in the area of operation specified in its application.
(i) Channels will be chosen and assigned in accordance with §§ 90.615, 90.617, or 90.619.
(ii) A mobile station is authorized to transmit on any frequency assigned to its associated base station.
(b) Stations authorized on frequencies listed in this subpart, except for those stations authorized pursuant to paragraph (g) of this section and EA-based and MTA-based SMR systems, will be afforded protection solely on the basis of fixed distance separation criteria. For Channel Blocks A, through V, as set forth in § 90.917(d), the separation between co-channel systems will be a minimum of 113 km (70 mi) with one exception. For incumbent licensees in Channel Blocks D through V, that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBμV/m signal strength interference contour (see § 90.693), the separation between co-channel systems will be a minimum of
(1) Except as indicated in paragraph (b)(4) of this section, no station in Channel Blocks A through V shall be less than 169 km (105 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California). Except as indicated in paragraph (b)(4) of this section, no incumbent licensee in Channel Blocks D through V that has received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBμV/m signal strength interference contour shall be less than 229 km (142 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California).
(2) The separation between co-channel stations that have been granted exclusivity and that are located at high sites in California north of 35° N Latitude and west of 118° W Longitude shall be determined as follows:
(i) Required co-channel separations between common antenna sites are given by table 1. A channel group assigned to a station on a site listed in the vertical column may not be re-assigned to a station on a site listed in the horizontal column if there is an “X” in the box created by the intersection of the vertical and horizontal lines. The geographic coordinates listed in the table represent an average for each particular site; all locations within 1.6 km (1 mi) of the coordinates will be considered to be at that site.
(ii) Required co-channel separations involving antenna sites not listed in table 1 shall be determined by Commission staff on a case by case basis. The interference potential of proposed assignments will be evaluated considering parameters such as antenna height, effective radiated power, terrain irregularities, and market conditions.
(3) Except as indicated in paragraph (b)(4) of this section, stations in Channel Blocks A through V that have been granted channel exclusivity and are located in the State of Washington at the locations listed below shall be separated from co-channel stations by a minimum of 169 km (105 mi). Except as indicated in paragraph (b)(4) of this section, incumbent licensees in Channel Blocks D through V that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBμV/m signal strength interference contour, have been granted channel exclusivity and are located in the State of Washington at the locations listed below shall be separated from co-channel stations by a minimum of 229 km (142 mi). Locations within one mile of the geographical coordinates listed in the table below will be considered to be at that site.
Coordinates are referenced to North American Datum 1983 (NAD83).
(4) Upon an applicant's specific request to the Commission or a frequency coordinator, co-channel stations may be separated by less than 113 km (70 mi) by meeting certain transmitter ERP and antenna height criteria. The following table indicates separations assignable to such co-channel stations for various transmitter power and antenna height combinations. The minimum separation permitted is 88 km (55 mi). Applicants will provide the Commission with a statement that the application is submitted for consideration under the table, a list of all co-channel stations within 113 km (70 mi), and the DHAATs and ERPs for these stations and the applicant's proposed station. Applicants seeking to be licensed for stations located at distances less than those prescribed in the table are required to secure a waiver and must submit with the application, in addition to the above, an interference analysis, based upon any of the generally-accepted terrain-based propagation models, that shows that co-channel stations would receive the same or greater interference protection than provided in the table. Requests for separations less than 88 km (55 mi) must also include an analysis of interference potential from mobile transmitters to existing co-channel base station receivers. Applicants seeking a waiver must submit with their application a certificate of service indicating that concurrent with the submission of the application to the Commission or a coordinator, all co-channel licensees within the applicable area were served with a copy of the application and all attachments thereto. Licensees thus served may file an opposition to the application within 30 days from the date the application is filed with the Commission.
(i) The directional height of the antenna above average terrain (DHAAT) is calculated from the average of the antenna heights above average terrain from 3 to 16 km (2 to 10 mi) from the proposed site along a radial extending in the direction of the existing station and the radials 15 degrees to either side of that radial.
(ii) Except for the sites listed in paragraphs (b)(1), (b)(2), and (b)(3) of this section, additional co-channel distance separation must be afforded to an existing station from an applicant wishing to locate a station less than 113 km (70 mi) from a co-channel station, where either the applicant's or the existing station is located at sites with DHAATs of 458 m (1500 ft) and above. The separation between short-spaced co-channel stations shall be determined as follows:
(A) Calculate the DHAAT in each direction between every existing co-channel station with 113 km (70 mi) and the proposed station.
(B) In the table, locate the approximate ERP and DHAAT values for the proposed and existing stations.
(C) When DHAAT values are greater than 458 m (1500 ft), use the required separation for 305 m (1000 ft) and add 1.6 km (1 mi) for every 30.5 km (100 ft), or increment thereof, of DHAAT above 458 m (1500 ft) to the distance indicated in the table. If both the proposed existing stations have DHAATs of 458 m (1500 ft) or more, the additional distance is separately determined for each station and the combined distance is added to the distance obtained from the table. Protection to existing stations will be afforded only up to 113 km (70 mi).
(5) The separation between co-channel systems may be less than the separations defined above if an applicant submits with its application letters of concurrence indicating that the applicant and each co-channel licensee within the specified separation agree to accept any interference resulting from the reduced separation between their systems. Each letter from a co-channel licensee must certify that the system of the concurring licensee is constructed and fully operational. The applicant must also submit with its application a certificate of service indicating that all concurring co-channel licensees have been served with an actual copy of the application.
(6) A station located closer than the distances provided in this section to a co-channel station that was authorized as short-spaced under paragraph (b)(4) of this section shall be permitted to modify its facilities as long as the station does not extend its 22 dBu contour beyond its maximum 22 dBu contour (i.e., the 22 dBu contour calculated using the station's maximum power and antenna height at its original location) in the direction of the short-spaced station.
(7) Offset frequencies in the 811-821/856-866 MHz band for use only within U.S./Mexico border area, as designated in § 90.619(a), shall be considered co-channel with non-offset frequencies in this band as designated in § 90.613. New applications for frequencies in this band for stations adjacent to the U.S./Mexico border area must comply with the co-channel separation provisions of this section.
(c) Conventional systems authorized on frequencies in the Public Safety (except for those systems that have participated in a formal regional planning process as described in § 90.16), Industrial/Land Transportation, Business, and Spectrum Block D frequencies in the 800 MHz SMR service (formerly General) Categories which have not met the loading levels necessary for channel exclusivity will not be afforded co-channel protection.
(d) UHF television translator stations using UHF output channels from Channels 70 through 83 operate on a secondary basis to land mobile stations using the UHF bands allocated under this subpart for land mobile use. Accordingly, such television translator stations will not be protected from interference from such authorized land mobile stations.
(e) Frequencies in the 806-821/851-866 MHz bands listed as available for eligibles in the Public Safety, Industrial/Land Transportation, and Business Categories are available for inter-category sharing under the following conditions:
(1) Channels in the Public Safety, Industrial/Land Transportation and Business categories will be available to eligible applicants in those categories only if there are no frequencies in their own category and no public safety systems are authorized on those channels under consideration to be shared.
(2)-(4) [Reserved]
(5) The frequency coordinator must certify that frequencies are not available in the applicant's own category, and coordination is required from the applicable out-of-category coordinator.
(6) The out-of-category licensee must operate by the rules applicable to the category to which the frequency is allocated.
(f) The 896-901/935-940 MHz channels listed as available for eligibles in the Industrial/Land Transportation and Business categories will be available for inter-category sharing to all persons eligible in those categories under the following conditions thirty-six (36) months from the date the first authorization in this spectrum is issued.
(1) The frequency coordinator must certify that frequencies are not available in the applicant's own category, and coordination is required from the applicable out-of-category coordinator.
(2) The out-of-category licensee must operate by the rules applicable to the category to which the frequency is allocated.
(g) Applications for Public Safety systems (both trunked and conventional) in the 821-824/866-869 MHz bands will be assigned and protected based on the criteria established in the appropriate regional plan. See § 90.16 and the
(h) Channel numbers 401-410, 441-450, 481-490, 521-530, and 561-570 are available on co-primary basis to station in Basic Exchange Telecommunications Radio Service as described in part 22 of the Commission's Rules.
1: For Federal Register citations affecting § 90.621, see the List of CFR Sections Affected in the Finding Aids section of this volume.
2: At 63 FR 68968, Dec. 14, 1998, § 90.621 was amended by adding a note before Table 1 and revising the first two columns of Table 1. However, Table 1 of § 90.621 as it appears in the October 1, 1998 revision of title 47 parts 80-end is an illustration and cannot be amended. For the convenience of the user, the revised text is set forth as follows:
(b) * * *
(a) The maximum number of frequency pairs that may be assigned to a licensee for operation in the conventional mode in a given area is five (5).
(b) Where an applicant proposes to operate a conventional radio system to provide facilities for the use of a single person or entity eligible under subparts B or C of this part, the applicant may be assigned only the number of frequency pairs justified on the basis of the requirement of the proposed single user of the system.
(c) No non-SMR licensee will be authorized an additional frequency pair for a conventional system within 64 kilometers (40 miles) of an existing conventional system, except where:
(1) The additional frequency pair will be used to provide radio facilities to a single entity and the additional frequency pair is justified on the basis of the requirements of the proposed single user; or,
(2) The licensee's existing frequency pair(s) is loaded to prescribed levels.
(d) No licensee will be authorized frequencies for a conventional system if that licensee is operating an unloaded trunked system or has an application pending for a trunked system to serve multiple subscribers within 64 km (40 miles) of the requested conventional system.
(a) Where an applicant certifies on its application that a channel will be loaded to 70 mobile stations, that channel will be made available to that applicant for its exclusive use in the area in which it proposes to operate. If the showing made justifies the assignment of more than one channel to the applicant, additional frequencies will be authorized.
(b) Where an applicant proposes to furnish service to eligibles under subparts B or C of this part on a commercial basis using a conventional system of communication, the applicant will be considered on the same basis as that of an applicant for private or shared communication facilities.
(c) No person authorized to operate any radio facility under the provisions of this subpart shall have a right to protest proposals on grounds other than violation of or inconsistency with the provisions of this subpart. All
At 63 FR 68969, Dec. 14, 1998, § 90.625 was amended by revising the first sentence of paragraph (a). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
(a) The maximum number of frequency pairs that may be assigned at any one time for the operation of a trunked radio system is twenty, except as specified in § 90.621(a)(1)(iv).
(b) No non-SMR licensee will be authorized an additional trunked system within 64 kilometers (40 miles) of an existing trunked system, except where:
(1) The additional trunked system will be used to provide radio facilities for a single entity, where the additional system is justified on the basis of the requirements of the proposed single user; or,
(2) The licensee's existing trunked system is loaded to at least 70 mobile and control stations per channel.
Applicants requesting frequencies for either trunked or conventional operations may be authorized a period of up to five (5) years for constructing and placing a system in operation in accordance with the following:
(a) The applicant must justify an extended implementation period. The justification must describe the proposed system, state the amount of time necessary to construct and place the system in operation, identify the number of base stations to be constructed and placed in operation during each year of the extended construction period, and show that:
(1) The proposed system will require longer than eight months (if a conventional system) or one year (if a trunked system) to construct and place in operation because of its purpose, size, or complexity; or
(2) The proposed system is to be part of a coordinated or integrated wide-area system which will require more than eight months (if a conventional system) or one year (if a trunked system) to plan, approve, fund, purchase, construct, and place in operation; or
(3) The applicant is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system.
(b) Where an applicant is required by law to follow a multi-year cycle for planning, approval, funding and purchasing a proposed system, the applicant must indicate whether funding approval has been obtained and if not, when such funding approval is expected.
(c) Authorizations under this section are conditioned upon the licensee constructing and placing its system in operation within the authorized implementation period and in accordance with an approved implementation plan of up to five years. Licensees must notify the Commission annually, using FCC Form 601, that they are in compliance with their yearly station construction commitments, but may request amendment to these commitments at the time they file their annual certification. If the Commission approves the requested amendments to a licensee's implementation commitments, the licensee's extended implementation authority will remain in effect. If, however, the Commission concludes, at this or any other time, that a licensee has failed to meet its commitments, the Commission will terminate authority for the extended implementation period. When the Commission terminates an extended implementation authority, the affected licensee will be given six months from the date of termination to complete system construction. At the end of any licensee's extended implementation period, authorizations for all stations not constructed and placed in operation will be
(d) Applicants eligible in the Industrial/Land Transportation Category requesting authorizations under this section may request frequencies in the Business Category only if the application contains a statement that no frequencies in the Industrial/Land Transportation Category are available for assignment in their geographic area.
(e) As of March 18, 1996, Specialized Mobile Radio systems are not eligible for extended implementation periods under this section. Additionally, all 800 MHz SMR licensees that are operating under extended implementation authority as of March 18, 1996 must, by May 16, 1996, demonstrate that continuing to allow them to have an extended period of time to construct their facilities is warranted and furthers the public interest. If a licensee's extended implementation authority showing is approved by the Bureau, such licensee will be afforded an extended implementation of two years or the remainder of its current extended implementation period, whichever is shorter. Upon the termination of this period, the authorizations for those facilities that remain unconstructed will terminate automatically. If a licensee with a current extended implementation period fails to submit the showing mentioned above within the designated timeframe or submits an insufficient or incomplete showing, such licensee will have six months from the last day on which it could timely file such a showing or from the disapproval of its request to construct the remaining facilities covered under its implementation plan to construct any unconstructed facilities for which it is authorized. The authorizations for those facilities remaining unconstructed after this six-month period will terminate automatically.
(a) Non-SMR trunked systems will be authorized on the basis of a loading criteria of one hundred (100) mobile stations per channel. For purposes of determining compliance with trunked system loading requirements under this subpart, the term “mobile station” includes vehicular and portable mobile units and control stations.
(b) Each applicant for a non-SMR trunked system must certify that a minimum of seventy (70) mobiles for each channel authorized will be placed into operation within five (5) years of the initial license grant. Except for SMR systems licensed in the 806-821/851-866 MHz band and as indicated in paragraph (i) of this section, if at the end of five (5) years a trunked system is not loaded to the prescribed levels and all channels in the licensee's category are assigned in the system's geographic area, authorizations for trunked channels not loaded to seventy (70) mobile stations cancels automatically at a rate that allows the licensee to retain one channel for every one hundred (100) mobiles loaded, plus one additional channel. If a trunked system has channels from more than one category, Spectrum Block D frequencies in the 800 MHz SMR service (formerly General Category) channels are the first channels considered to cancel automatically. All non-SMR licensees initially authorized before June 1, 1993, that are within their original license term, or SMR licensees that are within the term of a two-year authorization granted in accordance with paragraph (i) of this section, are subject to this condition. A licensee that has authorized channels cancelled due to failure to meet the above loading requirements will not be authorized additional channels to expand that same system for a period of six (6) months from the date of cancellation.
(c) Except for SMR applicants and as provided in paragraph (d) of this section, an applicant seeking to expand a trunked system by requesting additional channels from the Commission, or through intercategory sharing, or through an assignment, must have a loading level of seventy (70) mobiles
(d) In rural areas, a licensee of a trunked system may request to increase its system capacity by five more channels than it has constructed without meeting the loading requirements specified in paragraphs (b) and (c) of this section. A rural area is defined for purposes of this section as being beyond a 100-mile radius of the designated centers of the following urbanized areas, as well as those areas that have a waiting list. (Rural areas may be different for 800 and 900 MHz channels since the Commission maintains separate waiting lists for these frequency bands.) The identified urbanized areas are: New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA: San Francisco, CA; Detroit, MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; San Diego, CA; and Tampa-St. Petersburg, FL. The coordinates for the centers of these areas are those referenced in § 90.635, except that the coordinates (referenced to North American Datum 1983 (NAD83)) for Tampa-St. Petersburg are latitude 28° 00′ 01.1″ N, longitude 82° 26′ 59.3″ W. Where waiting lists determine whether an area is rural, the designated centers of those areas will be identified on the actual waiting lists released by the Commission. If a waiting list is later established in a rural area, licensees who have acquired additional channels pursuant to this paragraph will be subject to the automatic cancellation provisions in paragraph (b) of this section at the end of one year from the date the area first appears on a Commission waiting list, or at the end of their license term, whichever is longer.
(e) Except as provided in § 90.629, licensees of trunked facilities must complete construction within one year.
(f) If a station is not placed in permanent operation, in accordance with the technical parameters of the station authorization, within one year, except as provided in § 90.629, its license cancels automatically. For purposes of this section, a base station is not considered to be placed in operation unless at least two associated mobile stations, or one control station and one mobile station, are also placed in operation. An SMR licensee with facilities that have discontinued operations for 90 continuous days is presumed to have permanently discontinued operations, unless the licensee notifies the Commission otherwise, using FCC Form 601, prior to the end of the 90 day period and provides a date on which operation will resume, which date must not be in excess of 30 additional days.
(g) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. Remote or satellite stations of wide area systems in the Public Safety, Special Emergency, Telephone Maintenance, and Power Radio Services may be authorized on a primary basis if such stations are the first to be authorized in their area of operation on the frequency or group of frequencies. Remote or satellite stations of wide area systems in all other services will be authorized only on a secondary, non-interference basis to cochannel licensees. To determine system loading, the total number of mobile units and control stations operating in the wide-area system shall be counted with respect to the total number of base station frequencies assigned to the system.
(h) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly.
(i) For SMRS category trunked systems licensed in the 896-901/935-940 MHz band (other than MTA-licensed systems), if at the end of the initial five-year license term the licensee of such a trunked system has not satisfied the loading requirements of paragraph (b) of this section, the licensee requesting renewal of its license will be granted a
(a) Non-SMR conventional systems of communication will be authorized on the basis of a minimum loading criteria of seventy (70) mobile stations for each channel authorized.
(b) A channel will not be assigned to additional licensees when it is loaded to 70 mobile stations. Where a licensee does not load a channel to 70 mobiles the channel will be available for assignment to other licensees. All authorizations for conventional systems are issued subject to this potential channel sharing condition.
(c) Except as provided in § 90.629 of this part, licensees of conventional systems must place their authorized stations in operation not later than one year after the date of grant of the system license.
(d) If a station is not placed in operation within one year, except as provided in Section 90.629 of this part, the license cancels automatically. For purposes of this section, a base station is not considered to be in operation unless at least one associated mobile station is also in operation.
(e) A non-SMR licensee may apply for additional frequency pairs if its authorized conventional channel(s) is loaded to seventy (70) mobiles. Applications may be considered for additional channels in areas where spectrum is still available and not applied for, even if the already authorized channel(s) is not loaded to 70 mobile units, upon an appropriate demonstration of need.
(f) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. For loading purposes, if the total number of mobile stations justifies the total number of authorized based frequencies in a given area, the system will be construed to be loaded.
(g) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly.
(a) Systems to be located within 24 km. (15 mi.) of the geographic center of the 50 urbanized areas detailed in table 1 will be considered “urban” systems. All others will be considered “suburban” systems.
(b) The effective radiated power and antenna height, for base stations used in suburban-conventional systems of communications, shall be no greater than 500 watts (27 dBw) and 152 m. (500 ft.) above average terrain (AAT), respectively, or the equivalent as determined from table 2. These are maximum values, and applicants are required to justify power levels and antenna heights requested. For service area requirements less than 32 km. (20 mi.) in radius, see table 3.
(c) The effective radiated power and antenna height for base stations used
(d) The maximum output power of the transmitter for mobile stations is 100 watts (20 dBw).
(a) Except for control stations, operational fixed operations will not be authorized in the 806-824 MHz, 851-869 MHz, 896-901 MHz, or 935-940 MHz bands. This does not preclude secondary fixed tone signaling and alarm operations authorized in § 90.235 or in paragraph (c) of this section.
(b) Control stations associated with one or more mobile relay stations will be authorized only on the assigned frequency of the associated mobile station. Use of a mobile service frequency by a control station of a mobile relay system is subject to the condition that harmful interference shall not be caused to stations of licensees authorized to use the frequency for mobile service communications.
(c) Trunked and conventional systems that have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions subject to the following requirements:
(1) All operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee.
(2) The output power at the remote site must not exceed 30 watts.
(3) Any fixed transmitters will not count toward meeting the mobile loading requirements nor be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system.
(4) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes.
(5) Operational fixed stations authorized pursuant to the provisions of paragraphs (c) and (d) of this section are exempt from the requirements of §§ 90.425 and 90.429.
(d) Conventional systems that do not have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions only in accordance with all the provisions of § 90.235.
Conventional and trunked radio systems may be used:
(a) Only for purposes expressly allowed under this part.
(b) Only persons who are eligible for facilities, either under this subpart or in the radio service included under subparts B or C of this part.
(c) Except for licensees classified as CMRS providers under part 20 of this
(d) For digital or analog transmissions.
(e) An SMRS licensee or a licensee who has been authorized a channel(s) on an exclusive basis, may use the system for the transmission of any base/mobile message, page or signal permitted in the service in which the participants are eligible.
(f) Where the channel(s) is assigned to an SMRS licensee or exclusively to a single licensee, or where all users of a system agree, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 shall not apply, but out-of-band emission limits of § 90.209 shall be met.
(g) Up to five (5) contiguous 806-821/851-866 band channels as listed in §§ 90.615, 90.617, and 90.619 may be authorized after justification for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification.
(h) Up to 10 contiguous 896-901/935-940 MHz band channels as listed in § 90.617 may be combined for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification.
(i) Paging operations may be utilized on multiple licensed facilities (community repeaters) only when all licensees of the facility agree to such use.
(a) Conventional systems of communication shall be identified in accordance with existing regulations governing such matters.
(b) Trunked systems of communication, except as noted in paragraph (c) of this section, shall be identified through the use of an automatic device which transmits the call sign of the base station facility at 30 minute intervals. Such station identification shall be made on the lowest frequency in the base station trunk group assigned the licensee. Should this frequency be in use at the time station identification is required, such identification may be made at the termination of the communication in progress on this frequency. Identification may be made by voice or International Morse Code. When the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute and by means of tone modulation of the transmitter, the tone frequency being between 800 and 1000 hertz.
(c) Stations operating in either the 806-824/851-869 MHz or 896-901/935-940 MHz bands that are licensed on an exclusive basis, and normally employ digital signals for the transmission of data, text, control codes, or digitized voice may also be identified by digital transmission of the call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information sufficient to decode the digital transmission and ascertain the call sign transmitted.
(d) Notwithstanding the requirements set forth in this paragraph, systems operated by geographic area CMRS licensees are subject only to the station identification requirements of § 90.425(e).
Licensees of conventional systems must notify the Commission in accordance with § 1.946 of this chapter of the
At 63 FR 10397, Mar. 4, 1999, § 90.651 was amended by revising paragraph (c), effective Apr. 5, 1999. However, § 90.651, as revised at 63 FR 68970, Dec. 14, 1998, effective Feb. 12, 1999, does not contain paragraph (c), and the revision could not be made. For the convenience of the user, the revised text is set forth as follows:
(c) Licensees of conventional systems must report the number of mobile units placed in operation within twelve months of the date of the grant of their license. Such reports shall be filed within 30 days from that date.
There shall be no limit on the number of systems authorized to operate in any one given area except that imposed by allocation limitations and no person shall have a right to protest any other proposal on grounds other than violation of any inconsistency with the provisions of this subpart.
End users of conventional or trunked Specialized Mobile Radio systems that have control stations that require FAA clearance, as specified in §§ 17.7 through 17.17 of this chapter, or that may have a significant environmental effect, as defined by § 1.1307, or that are located in a “quiet zone”, as defined by § 1.924 of this chapter must be individually licensed for such control stations prior to construction or operation. All other end users’ operations will be within the scope of the base station licensee. All end users, however, continue to be responsible to comply with 47 CFR part 90 and other federal laws.
(a) The licensees of base stations that provide Specialized Mobile Radio service on a commercial basis of the use of individuals, Federal government agencies, or persons eligible for licensing under either subparts B or C of this part will be responsible for exercising effective operational control over all mobile and control stations that communicate with the base station. The base station licensee will be responsible for assuring that its system is operated in compliance with all applicable rules and regulations.
(b) Customers that operate mobile units on a particular Specialized Mobile Radio system will be licensed to that system. A customer that operates temporarily on more than one system will be deemed, when communicating with the other system, to be temporarily licensed to the other system and for that temporary period, the licensee of the other system will assume the same licensee responsibility for the customer's mobile station(s) as if the customer's stations were licensed to that other system.
(a) A base station licensee of a trunked system applying for its first renewal in a waiting list area for a system licensed before June 1, 1993 must identify, using FCC Form 601, the number of mobiles and control stations loaded on its system as calculated in paragraph (b) of this section.
(b) The number described in paragraph (a) of this section must be calculated by averaging the number of mobiles and control stations operating on a licensee's system on the first business day of each of the six months immediately preceding the filing of an application and must be based on the licensee's business records for that period. Alternative calculations will be
(c) Business records may constitute invoices, customer service agreements, customer lists or any other type of record kept in the ordinary course of business.
(d) The FCC will use the loading data required by this section to determine whether the licensee's existing system has a sufficient number of mobiles as required by 47 CFR chapter I to qualify for additional channels or for the first renewal of trunked systems licensed before June 1, 1993.
MTA licenses for SMR spectrum blocks in the 896-901/935-940 MHz band listed in table 4B of § 90.617(d) are available in 51 Major Trading Areas (MTAs) as defined in § 90.7. Within these MTAs, licenses will be authorized in ten channel blocks as specified in table 4B of § 90.617(d) through the competitive bidding procedures described in subpart U of this part.
(a) MTA-based licensees authorized in the 896-901/935-940 MHz band pursuant to § 90.661 may construct and operate base stations using any frequency identified in their spectrum block anywhere within their authorized MTA, provided that:
(1) The MTA licensee affords protection, in accordance with § 90.621(b), to all sites for which applications were filed on or prior to August 9, 1994.
(2) The MTA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas.
(3) The MTA licensee limits its field strength at any location on the border of the MTA service area in accordance with § 90.671 and masks its emissions in accordance with § 90.669.
(b) In the event that the authorization for a previously authorized co-channel station within the MTA licensee's authorized spectrum block is terminated or revoked, the MTA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's licensing record. The MTA licensee then will be able to construct and operate base stations using such frequency.
(a) MTA licenses in the 896-901/935-940 MHz band will be issued for a term not to exceed ten years.
(b) MTA licensees in the 896-901/935-940 MHz band will be permitted five years to construct their stations. This five-year period will commence with the issuance of the MTA-wide authorization and will apply to all of the licensee's stations within the MTA spectrum block, including any stations that may have been subject to an earlier construction deadline arising from a pre-existing authorization.
(c) Each MTA licensee in the 896-901/935-940 MHz band must, three years from the date of license grant, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of the MTA; further, each MTA licensee must provide coverage to at least two-thirds of the population of the MTA five years from the date of license grant. Alternatively, an MTA licensee must demonstrate, through a showing to the Commission five years from the date of license grant, that it is providing substantial service. An MTA licensee must, three years from license grant, either show that the
(d) MTA licensees who fail to meet the coverage requirements imposed at either the third or fifth years of their license term, or to make a convincing showing of substantial service, will forfeit the portion of the MTA license that exceeds licensed facilities constructed and operating on the date of the MTA license grant.
(a) These provisions apply to all 900 MHz SMR licensees who obtained licenses or filed applications for secondary sites on or before August 9, 1994 (“incumbent licensees”), as well as to all 900 MHz SMR licensees who obtained authorizations pursuant to § 90.173(k). An incumbent licensee's service area shall be defined by its originally-licensed 40 dBu field strength contour. Incumbent licensees are permitted to add new or modify transmit sites in this existing service area without prior notification to the Commission so long as their original 40 dBu field strength contour is not expanded.
(b) Incumbent licensees operating at multiple sites may, after grant of MTA licenses has been completed, exchange multiple site licenses for a single license, authorizing operations throughout the contiguous and overlapping 40 dBu field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information for each of their external base sites after the close of the 900 MHz SMR auction.
(c) Applications in the 900 MHz SMR service for secondary sites filed after August 9, 1994 shall be authorized on a secondary, non-interference basis to MTA licensee operations. No secondary sites shall be granted on this basis in an MTA once the MTA licensee has been selected.
(a) On any frequency in an MTA licensee's spectrum block that is adjacent to a non-MTA frequency, the power of any emission shall be attenuated below the transmitter power (P) by at least 43 plus 10 log
The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power.
(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.
The predicted or measured field strength at any location on the border of the MTA service area for MTA licensees shall not exceed 40 dBuV/m unless all bordering MTA licensees agree to a higher field strength. MTA licensees are also required to coordinate their frequency usage with so-channel adjacent MTA licensees and all other affected parties. To the extent that a single entity obtains licenses for adjacent MTAs on the same channel block, it will not be required to coordinate its operations in this manner. In the event that this standard conflicts with the MTA licensee's obligation to provide co-channel protection to incumbent licensees under § 90.621(b), the requirements of § 90.621(b) shall prevail.
EA licenses in Spectrum Blocks A through V band listed in Table 4A of § 90.617(d) are available in 175 Economic Areas (EAs) as defined in § 90.7.
(a) EA-based licensees authorized in the 806-821/851-866 MHz band pursuant to § 90.681 may construct and operate base stations using any of the base station frequencies identified in their spectrum block anywhere within their authorized EA, provided that:
(1) The EA licensee affords protection, in accordance with § 90.621(b), to all previously authorized co-channel stations that are not associated with another EA license;
(2) The EA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas;
(3) The EA licensee limits the field strength of its base stations at any location on the border of the EA service area in accordance with § 90.689;
(4) Upon request by an incumbent licensee or the Commission, the EA licensees shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA. The EA licensee must provide such information within ten (10) days of receiving a written request.
(5) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Forn 854) with the FCC, WTB, Support Services Branch, Gettysburg, PA 17325.
(6) Any additional transmitters placed in operation must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter.
(b) In the event that the authorization for a previously authorized co-channel station within the EA licensee's spectrum block is terminated or revoked, the EA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's official licensing records, and the EA licensee then will be able to construct and operate without regard to that previous authorization.
At 63 FR 68970, Dec. 14, 1998, § 90.683 was amended by revising paragraph (a)(4) and removing and reserving paragraph (a)(5). This section contains information collection and recordkeeping requirements, and the amendments will not become effective until approval has been given by the Office of Management and Budget.
(a) EA licenses in the 806-821/851-866 MHz band will be issued for a term not to exceed ten years. Additionally, EA licensees generally will be afforded a renewal expectancy only for those stations put into service after August 10, 1996.
(b) EA licensees in the 806-821/851-866 MHz band must, within three years of the grant of their initial license, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of its EA-based service area. Further, each EA licensee must provide coverage to at least two-thirds of the population of the EA-based service area within five years of the grant of their initial license. Alternatively, EA licensees in Channel blocks D through V in the 806-821/851-866 MHz band must provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: “Service which is sound, favorable, and substantially above a level of mediocre service.”
(c)
(d) An EA licensee's failure to meet the population coverage requirements of paragraphs (b) and (c) of this section, will result in forfeiture of the entire EA license. Forfeiture of the EA license, however, would not result in the loss of any constructed facilities authorized to the licensee prior to the date of the commencement of the auction for the EA licenses.
An SMR license initially authorized on any of the channels listed in Table 4A of § 90.617 of this part may transfer or assign its channel(s) to another entity subject to the provisions of § 1.948 of this chapter and § 90.609(b) of this part. If the proposed transferee or assignee is the EA licensee for the spectrum block to which the channel is allocated, such transfer or assignment presumptively will be deemed to be in the public interest. However, such presumption will be rebuttable.
(a) For purposes of implementing §§ 90.689 through 90.699, predicted 36 and 40 dBμV/m contours shall be calculated using Figure 10 of § 73.699 of this chapter with a correction factor of −9 dB, and predicted 18 and 22 dBμV/m contours shall be calculated using Figure 10a of § 73.699 of this chapter with a correction factor of −9 dB.
(b) The predicted or measured field strength at any location on the border of the EA-based service area for EA licensees must not exceed 40 dBuV/m unless all bordering EA licensees agree to a higher field strength. In the event that this standard conflicts with the EA licensee's obligation to provide co-channel protection to incumbent licensees pursuant to § 90.621(b), the requirements of § 90.621(b) shall prevail.
(a) Out-of-band emission requirement shall apply only to the “outer” channels included in an EA license and to spectrum adjacent to interior channels used by incumbent licensees. The emission limits are as follows:
(1) For any frequency removed from the EA licensee's frequency block by up to and including 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 116 Log
(2) For any frequency removed from the EA licensee's frequency block greater than 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 43 + 10Log
(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.
(a)
(b)
(c)
(d)
(2)
In order to facilitate provision of service throughout an EA, an EA licensee may relocate incumbent licensees in its EA by providing “comparable facilities” on other frequencies in the 800 MHz band. Such relocation is subject to the following provisions:
(a) EA licensees may negotiate with incumbent licensees as defined in § 90.693 operating on frequencies in Spectrum Blocks A, B, and C for the purpose of agreeing to terms under which the incumbents would relocate their operations to other frequencies in the 800 MHz band, or alternatively, would accept a sharing arrangement with the EA licensee that may result in an otherwise impermissible level of interference to the incumbent licensee's operations. EA licensees may also negotiate agreements for relocation of the incumbents’ facilities within Spectrum Blocks A, B or C in which all interested parties agree to the relocation of the incumbent's facilities elsewhere within these bands. “All interested parties” includes the incumbent licensee, the EA licensee requesting and paying for the relocation, and any EA licensee of the spectrum to which the incumbent's facilities are to be relocated.
(b) The relocation mechanism consists of two phases that must be completed before an EA licensee may proceed to request the involuntary relocation of an incumbent licensee.
(1)
(2)
(c)
(1) Guarantee payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the incumbent 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. EA licensees are not required to pay incumbent licensees for internal resources devoted to the relocation process. EA licensees are not required to pay for transaction costs incurred by incumbent 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) Complete all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents’ behalf, new frequencies and frequency coordination; and
(3) Build the replacement system and test it for comparability with the existing 800 MHz system.
(d)
(1)
(2)
(3)
(4)
(e) If an EA licensee cannot provide comparable facilities to an incumbent licensee as defined in this section, the incumbent licensee may continue to operate its system on a primary basis in accordance with the provisions of this rule part.
(f)
(1)
(i) Notifies incumbents operating on frequencies included in their spectrum block of their intention to relocate such incumbents within 90 days of the release of the Public Notice that commences the voluntary negotiation period; or
(ii) Fails to notify incumbents operating on frequencies included in their spectrum block of their intention to relocate such incumbents within 90 days of the release of the Public Notice that commences the voluntary negotiation period, but subsequently decides to use the frequencies included in their spectrum block. EA licensees who do not participate in the relocation process will be prohibited from invoking mandatory negotiations or any of the provisions of the Commission's mandatory relocation guidelines. EA licensees who do not provide notice to the incumbent, but subsequently decide to use the frequencies in their EA will be required to reimburse, outside of the Commission's mandatory relocation guidelines, those EA licensees who have established a reimbursement right pursuant to paragraph (f)(3) of this section.
(2)
(i) Notification (
(ii) An EA licensee who does not provide notification within 90 days of the release of the Public Notice commencing the voluntary negotiation period, but subsequently decides to use the channels that were relocated by other EA licensees.
(3)
(4)
(i) For an EA licensee who, within 90 days of the release of the Public Notice announcing the commencement of the voluntary negotiation period, provides notice of its intention to relocate the incumbent, but does not participate or incur relocation costs in the relocation
(ii) For an EA licensee who does not, within 90 days of the release of the Public Notice announcing the commencement of the voluntary negotiation period, provide notice to the incumbent of its intention to relocate and does not incur relocation costs during the relocation process, but subsequently decides to use the channels in its EA, will be required to submit its
(5)
(6)
(7)
(a) Frequencies in the 220-222 MHz band are available for land mobile and fixed use for both Government and non-Government operations. This subpart supplements part 1, subpart F of this chapter which establishes the requirements and conditions under which commercial and private radio stations may be licensed in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the 220-222 MHz band.
(b)(1) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed on or before May 24, 1991 are referred to in this subpart as “Phase I” licensees;
(2) Applicants that filed initial applications for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” applicants; and
(3) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” assignments, operations, stations, and systems, respectively.
(c)(1) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed after May 24, 1991 are referred to in this subpart as “Phase II” licensees;
(2) Applicants that filed initial applications for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II” applicants; and
(3) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II”
(d) The rules in this subpart apply to both Phase I and Phase II licensees, applicants, assignments, operations, stations, and systems, unless otherwise specified.
The following persons are eligible for licensing in the 220-222 MHz band.
(a) Any person eligible for licensing under subparts B or C of this part.
(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part, on a not-for-profit, cost-shared basis.
(c) Any person eligible under this part proposing to provide on a commercial basis, station and ancillary facilities for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.
Phase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared in accordance with §§ 90.1009 and 90.1013 of this part. Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart must be prepared on FCC Form 601 and submitted or filed in accordance with § 1.913 of this chapter.
(a) Except as indicated in paragraph (b) of this section, the Commission will not consent to the following:
(1) Any request to amend an application so as to substitute a new entity as the applicant;
(2) Any application to assign or transfer a license for a Phase I, non-nationwide system prior to the completion of construction of facilities; or
(3) Any application to transfer or assign a license for a Phase I nationwide system before the licensee has constructed at least 40 percent of the proposed system pursuant to the provisions of § 90.725(a) or § 90.725(h), as applicable.
(b) The Commission will grant the applications described in paragrpah (a) of this section if:
(1) the request to amend an application or to transfer or assign a license does not involve a substantial change in the ownership or control or the applicant; or
(2) The changes in the ownership or control of the applciant are involuntary due to the original applicant's insolvency, bankruptcy, incapacity, or death.
(c) The assignee or transferee of a Phase I nationwide system is subject to the construction benchmarks and reporting requirements of § 90.725. The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in § 90.713.
(d) A licensee may partially assign any authorization in accordance with § 90.1019.
(e) The assignee or transferee of a Phase II system is subject to the provisions of § 90.1017 and § 1.2111(a) of this chapter.
(a) Phase II applications for authorizations on Channels 166 through 170 and Channels 181 through 185 will be processed on a first-come, first-served basis. When multiple applications are filed on the same day for these frequencies in the same geographic area, and insufficient frequencies are available to grant all applications (i.e., if all applications were granted, violation of the station separation provisions of § 90.723(k) of this part would result), these applications will be considered mutually exclusive.
(1) All applications will first be considered to determine whether they are substantially complete and acceptable
(2) Except as otherwise provided in this section, all applications in pending status will be processed in the order in which they are received, determined by the date on which the application was received by the Commission in its Gettysburg, Pennsylvania office (or the address set forth at § 1.1102 of this chapter for applications requiring the fees established by part 1, subpart G of this chapter).
(3) Each application that is accepted for filing will then be reviewed to determine whether it can be granted. Frequencies will be assigned by the Commission pursuant to the provisions of § 90.723.
(4) An application which is dismissed will lose its place in the processing line.
(b) All applications for Channels 161 through 165 that comply with the applicable rules of this part shall be granted. Licensees operating on such channels shall cooperate in the selection and use of frequencies and resolve any instances of interference in accordance with the provisions of § 90.173.
(c) Phase II applications for authorization on all non-Government channels other than Channels 161 through 170 and 181 through 185 shall be processed in accordance with the provisions of subpart W of this part.
(a) As set forth in § 90.717, four 5-channel blocks are available for nationwide, commercial use to non-Government, Phase I applicants. Applicants for these nationwide channel blocks must comply with paragraphs (b), (c), and (d) of this section.
(b)(1) An applicant must include certification that, within ten years of receiving a license, it will construct a minimum of one base station in at least 70 different geographic areas designated in the application; that base stations will be located in a minimum of 28 of the 100 urban areas listed in § 90.741; and that each base station will have all five assigned nationwide channels constructed and placed in operation (regularly interacting with mobile and/or portable units).
(2) An applicant must include certification that it will meet the construction requirements set forth in § 90.725.
(3) An applicant must include a ten-year schedule detailing plans for construction of the proposed system.
(4) An applicant must include an itemized estimate of the cost of constructing 40 percent of the system and operating the system during the first four years of the license term.
(5) An applicant must include proof that the applicant has sufficient financial resources to construct 40 percent of the system and operate the proposed land mobile system for the first four years of the license term;
(c) An applicant relying on personal or internal resources for the showing required in paragraph (b) of this section must submit independently audited financial statements certified within one year of the date of the application showing net current assets sufficient to meet estimated construction and operating costs. An applicant must also submit an unaudited balance sheet, current within 60 days of the date of submission, that clearly shows the continued availability of sufficient net current assets to construct and operate the proposed system, and a certification by the applicant or an officer of the applicant organization attesting to the validity of the balance sheet.
(d) An applicant submitting evidence of a firm financial commitment for the showing required in paragraph (b) of this section must obtain the commitment from a bona fide commercially acceptable source,
(1) Has examined the financial condition of the applicant including an audited financial statement, and has determined that the applicant is creditworthy;
(2) Has examined the financial viability of the proposed system for which the applicant intends to use the commitment; and
(3) Is willing, if the applicant is seeking a Phase I, commercial nationwide license, to provide a sum to the applicant sufficient to cover the realistic and prudent estimated costs of construction of 40 percent of the system and operation of the system for the first four years of the license term.
(e) A Phase II applicant for authorization in a geographic area for Channels 166 through 170 in the public safety/mutual aid category may not have any interest in another pending application in the same geographic area for Channels 166 through 170 in the public safety/mutual aid category, and a Phase II applicant for authorization in a geographic area for channels in the emergency medical category may not have any interest in another pending application in the same geographic area for channels in the emergency medical category.
(a) The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with base station frequencies taken from the 220-221 MHz band with corresponding mobile and control station frequencies being 1 MHz higher and taken from the 221-222 MHz band. Only the lower half of the frequency pair(s) is listed in the table. Use of these frequencies in the Mexican and Canadian border areas is subject to coordination with those countries. See paragraph (c) of this section for special provisions concerning use in the Mexico border area.
(b) The 200 channels are divided into three sub-bands as follows:
(c) U.S./Mexico border area. (1) Channels 16-30, 45-60, 76-90, 106-120, 136-145, 156-165, 178-194 are available for primary use within the United States within 120 km (74.6 mi) of the Mexican border, subject to the power and antenna height conditions specified in § 90.729 and the use restrictions specified in §§ 90.717-90.721.
(2) Channels 195-200 are available to both the United States and Mexico in the border area on an unprotected basis. Use is limited to a maximum effective radiated power (ERP) of 2 watts and a maximum antenna height of 6.1 meters (20 ft) above ground.
(3) Channels allotted for primary Mexican use (1-15, 31-45, 61-75, 91-105, 121-135, 146-155, and 166-177) may be used in the border area subject to the condition that the power flux density not exceed−86 dB(W/m
(a) Channels 51-60, 81-90, and 141-150 are 10-channel blocks available to non-Government applicants only for nationwide Phase II systems.
(b) Channels 21-25, 26-30, 151-155, and 156-160 are 5-channel blocks available to non-Government applicants only for nationwide, commercial Phase I systems.
(c) Channels 111-115 and 116-120 are 5-channel blocks available for Government nationwide use only.
(a) Channels 171 through 200 are available to both Government and non-Government Phase I applicants, and may be assigned singly or in contiguous channel groups.
(b) Channels 171 through 180 are available for any use by Phase I applicants consistent with this subpart.
(c) Channels 181 through 185 are set aside in Phase II for emergency medical use for applicants that meet the eligibility criteria of § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii).
(d) Channels 161 through 170 and 181 through 185 are the only 220-222 MHz channels available to Phase II non-nationwide, Government users.
(a) Part 90 licensees who meet the eligibility criteria of §§ 90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), or 90.20(a)(2)(xiii) are authorized by this rule to use mobile and/or portable units on Channels 161-170 throughout the United States, its territories, and possessions to transmit:
(1) Communications relating to the immediate safety of life;
(2) Communications to facilitate interoperability among entities eligible under §§ 90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), and 90.20(a)(2)(xiii); or
(3) Communications on behalf of and by members of organizations established for disaster relief purposes having an emergency radio communications plan (
(b) Any Government entity and any non-Government entity eligible to obtain a license under §§ 90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), or 90.20(a)(2)(xiii) is also eligible to obtain a license for base/mobile operations on Channels 161 through 170. Base/mobile or base/portable communications on these channels that do not relate to the immediate safety of life or to communications interoperability among the above-specified entities, may only be conducted on a secondary non-interference basis to such communications.
(a) The channel groups listed in the following Table are available to both Government and non-Government Phase I applicants for trunked operations or operations of equivalent or greater efficiency for non-commercial or commercial operations.
(b) The channels listed in the following Table are available to non-Government applicants for Phase II assignments in Economic Areas (EAs) and Regional Economic Area Groupings (REAGs) (
(a) Phase II applications for frequencies in the 220-222 MHz band shall specify whether their intended use is for 10-channel nationwide systems, 10-channel EA systems, 15-channel Regional systems, public safety/mutual aid use, or emergency medical use. Phase II applicants for frequencies for public safety/mutual aid use or emergency medical use shall specify the number of frequencies requested. All frequencies in this band will be assigned by the Commission.
(b) Phase II channels will be assigned pursuant to §§ 90.717, 90.719, 90.720, 90.721, 90.761 and 90.763.
(c) Phase II applicants for public safety/mutual aid and emergency medical channels will be assigned only the number of channels justified to meet their requirements.
(d) Phase I base or fixed station receivers utilizing 221-222 MHz frequencies assigned from Sub-band A as designated in § 90.715(b) will be geographically separated from those Phase I base or fixed station transmitters utilizing 220-221 MHz frequencies removed
(e) Phase II licensees authorized on 220-221 MHz frequencies assigned from Sub-band B will be required to geographically separate their base station or fixed station transmitters from the base station or fixed station receivers of Phase I licensees authorized on 221-222 MHz frequencies 200 kHz removed or less in Sub-band A in accordance with the Table in paragraph (d) of this section. Such Phase II licensees will not be required to geographically separate their base station or fixed station transmitters from receivers associated with additional transmitter sites that are added by such Phase I licensees in accordance with the provisions of § 90.745(a).
(f) Phase II licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies, if such transmitting and receiving frequencies are 200 kHz or less removed from one another, will be required to coordinate the location of their base stations or fixed stations to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b).
(g) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase I licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies (if such transmitting and receiving frequencies are 200 kHz or less removed from one another) that add, remove, or modify station sites in accordance with the provisions of § 90.745(a) will be required to coordinate such actions with one another to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b).
(h) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B that add, remove, or modify station sites in accordance with the provisions of § 90.745(a) will be required to coordinate such actions with Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies 200 kHz or less removed.
(i) A mobile station is authorized to transmit on any frequency assigned toits associated base station. Mobile units not associated with base stations (
(j) A licensee's fixed station is authorized to transmit on any of the licensee's assigned base station frequencies or mobile station frequencies.
(k) Except for nationwide assignments, the separation of co-channel Phase I base stations, or fixed stations transmitting on base station frequencies, shall be 120 kilometers. Except for Phase I licensees seeking license modification in accordance with the provisions of §§ 90.751 and 90.753, shorter separations between such stations will be considered by the Commission on a case-by-case basis upon submission of a technical analysis indicating that at least 10 dB protection will be provided to an existing Phase I station's predicted 38 dBu signal level contour. The existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential. The 10 dB protection to the existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter,
(a) Licensees granted commercial nationwide authorizations will be required to construct base stations and placed those base stations in operation as follows:
(1) In at least 10 percent of the geographic areas designated in the application within two years of initial license grant, including base stations in at least seven urban areas listed in § 90.741 of this part;
(2) In at least 40 percent of the geographic areas designated in the application within four years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part;
(3) In at least 70 percent of the geographic areas designated in the application within six years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part;
(4) In all geographic areas designated in the application within ten years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part.
(b) Licensees not meeting the two and four year criteria shall lose the entire authorization, but will be permitted a six month period to convert the system to non-nationwide channels, if such channels are available.
(c) Licensees not meeting the six and ten year criteria shall lose the authorizations for the facilities not constructed, but will retain exclusivity for constructed facilities.
(d) Each commercial nationwide licensee must file a system progress report on or before the anniversary date of the grant of its license after 2, 4, 6 and 10 years, demonstrating compliance with the relevant construction benchmark criteria.
(1) An overall status report of the system, that must include, but need not be limited to:
(i) A list of all sites at which base stations have been constructed, with antenna heights and effective radiated power specified for each site;
(ii) A list of all other known base station sites at which construction has not been completed; and
(iii) A construction and operational schedule for the next five-year period, including any known changes to the plan for construction and operation submitted with the licensee's original application for the system.
(2) An analysis of the system's compliance with the requirements of paragraph (a) of this section, with documentation to support representations of completed construction, including, but not limited to:
(i) Equipment purchase orders and contracts;
(ii) Lease or purchase contracts relating to antenna site arrangements;
(iii) Equipment and antenna identification (serial) numbers; and
(iv) Service agreements and visits.
(e) Beginning with its second license term, each nationwide licensee must file a progress report once every five years on the anniversary date of the grant of the first renewal of its authorization, including the information required by paragraph (d)(1) of this section.
(f) Licensees authorized Phase I non-nationwide systems, or authorized on Channels 161 through 170 or Channels 181 through 185, must construct their systems (
(g) A licensee that loses authorization for some or all of its channels due to failure to meet construction deadlines or benchmarks may not reapply for nationwide channels in the same category or for non-nationwide channels in the same category in the same geographic area for one year from the date the Commission takes final action affirming that those channels have been cancelled.
(h) The requirements and conditions of paragraphs (a) through (e) and paragraph (g) of this section apply to nationwide licensees that construct and operate stations for fixed or paging operations on a primary basis instead of, or in addition to, stations for land mobile operations on a primary basis except that, in satisfying the base station construction and placed in operation requirements of paragraph (a) of this section and the system progress report requirements of paragraphs (d) and (e) of this section, licensees operating stations for fixed operation on a primary basis instead of, or in addition to, stations for land mobile or paging operations on a primary basis in a given geographic area may demonstrate how such fixed stations are providing substantial service to the public in those geographic areas.
Except for nationwide and commercial systems, a period of up to three (3) years may be authorized for constructing and placing a system in operation if:
(a) The applicant submits justification for an extended implementation period. The justification must include reasons for requiring an extended construction period, the proposed construction schedule (with milestones), and must show either that:
(1) The proposed system will serve a large fleet of mobile units and will involve a multi-year cycle for its planning, approval, funding, purchase, and construction; or
(2) The proposed system will require longer than 8 months to place in operation because of its purpose, size, or complexity; or
(3) The proposed system is to be part of a coordinated or integrated area-wide system which will require more than 8 months to construct; or
(4) The applicant is a local governmental agency and demonstrates that the government involved is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system.
(b) Authorizations under this section are conditioned upon the licensee's compliance with the submitted extended implementation schedule. Failure to meet the schedule will result in loss of authorizations for facilities not constructed.
(a) The permissible effective radiated power (ERP) with respect to antenna heights for land mobile, paging, or fixed stations transmitting on frequencies in the 220-221 MHz band shall be determined from the following Table. These are maximum values and applicants are required to justify power levels requested.
(b) The maximum permissible ERP for mobile units is 50 watts. Portable units are considered as mobile units. Licensees operating fixed stations or paging base stations transmitting on frequencies in the 221-222 MHz band may not operate such fixed stations or paging base stations at power levels greater than 50 watts ERP, and may not transmit from antennas that are higher than 7 meters above average terrain, except that transmissions from antennas that are higher than 7 meters above average terrain will be permitted if the effective radiated power of such transmissions is reduced below 50 watts ERP by 20 log
(c) Base station and fixed station transmissions on base station transmit Channels 196-200 are limited to 2 watts ERP and a maximum antenna HAAT of 6.1 meters (20 ft). Licensees authorized on these channels may operate at power levels above 2 watts ERP or with a maximum antenna HAAT greater than 6.1 meters (20 ft) if:
(1) They obtain the concurrence of all Phase I and Phase II licensees with base stations or fixed stations receiving on base station receive Channels 1-40 and located within 6 km of their base station or fixed station; and
(2) Their base station or fixed station is not located in the United States/Mexico or United States/Canada border areas.
(a) Systems authorized in the 220-222 MHz band may be used:
(1)(i) For government and non-government land mobile operations,
(ii) For the following operations instead of or in addition to a licensee's land mobile operations: One-way or two-way paging operations on a primary basis by all non-Government Phase II licensees, fixed operations on a primary basis by all non-Government Phase II licensees and all Government licensees, one-way or two-way paging or fixed operations on a primary basis by all non-Government Phase I licensees, except that before a non-Government Phase I licensee may operate one-way or two-way paging or fixed systems on a primary basis instead of or in addition to its land mobile operations, it must meet the following requirements:
(A) A nationwide Phase I licensee must;
(
(
(
(
(B) A non-nationwide Phase I licensee must first meet the requirement to construct its land mobile base station and place it in operation, or commence service (in accordance with § 90.167) as prescribed in § 90.725(f) or § 90.727, as applicable.
(2) Only by persons who are eligible for facilities under either this subpart or in the pools included in subpart B or C of this part.
(3) Except for licensees classified as CMRS providers under part 20 of this chapter, only for the transmission of messages or signals permitted in the services in which the participants are eligible.
(b) See § 90.720 of this part for permissible operations on mutual aid channels.
(c) For operations requiring less than a 4 kHz bandwidth, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 do not apply, but the out-of-band emission limits of § 90.210(f) must be met.
(d) Licensees, except for licensees authorized on Channels 161 through 170 and 181 through 185, may combine any number of their authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz.
(e) In combining authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz, the emission limits in § 90.210(f) must be met only at the outermost edges of the contiguous channels. Transmitters shall be tested to confirm compliance with this requirement with the transmission located as close to the band edges as permitted by the design of the transmitter. The frequency stability requirements in § 90.213 shall apply only to the outermost of the contiguous channels authorized to the licensee. However, the frequency stability employed for transmissions operating inside the outermost contiguous channels must be such that the emission limits in § 90.210(f) are met over the temperature and voltage variations prescribed in § 2.995 of this chapter.
(f) A Phase I non-nationwide licensee operating a paging base station, or a fixed station transmitting on frequencies in the 220-221 MHz band, may only operate such stations at the coordinates of the licensee's authorized land mobile base station.
(g) The transmissions of a Phase I non-nationwide licensee's paging base station, or fixed station transmitting on frequencies in the 220-221 MHz band, must meet the requirements of §§ 90.723(d), (g), (h), and (k), and 90.729, and such a station must operate at the effective radiated power and antenna height-above-average-terrain prescribed in the licensee's land mobile base station authorization.
(h) Licensees using 220-222 MHz spectrum for geophysical telemetry operations are authorized to operate fixed stations on a secondary, non-interference basis to licensees operating in the 220-222 MHz band on a primary basis under the conditions that such licensees:
(1) Provide notification of their operations to co-channel non-nationwide Phase I licensees with an authorized base station, or fixed station transmitting on frequencies in the 220-221 MHz band, located within 45 km of the secondary licensee's station, to co-channel, Phase II EA or Regional licensee authorized to operate in the EA or REAG in which the secondary licensee's station is located, and to co-channel Phase I or Phase II nationwide licensees;
(2) Operate only at temporary locations in accordance with the provisions of § 1.931 of this chapter;
(3) Not transmit at a power level greater than one watt ERP;
(4) Not transmit from an antenna higher than 2 meters (6.6 feet) above ground; and
(5) Not operate on Channels 111 through 120, 161 through 170, or 181 through 185.
(i) All licensees constructing and operating base stations or fixed stations on frequencies in the 220-222 MHz band must:
(1) Comply with any rules and international agreements that restrict use of their authorized frequencies, including the provisions of § 90.715 relating to U.S./Mexican border areas;
(2) Comply with the provisions of § 17.6 of this chapter with regard to antenna structures; and
(3) Comply with the provisions of §§ 1.1301 through 1.1319 of this chapter with regard to actions that may or will have a significant impact on the quality of the human environment.
(a) Except for nationwide systems authorized in the 220-222 MHz band, station identification is required pursuant to § 90..425 of this part.
(b) Trunked systems shall employ an automatic device to transmit the call sign of the base station at 30 minute intervals. The identification shall be made on the lowest frequency in the base station trunked group assigned to the licensee. If this frequency is in use at the time identification is required, the identification may be made at the termination of the communication in progress on this frequency.
(c) Station identification may be by voice or International Morse Code. If the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute, and by means of tone modulation of the transmitter, with the tone
(d) Digital transmissions may also be identified by digital transmission of the station call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information (such as digital codes and algorithms) sufficient to decipher the data transmission to ascertain the call sign transmitted.
(a) Licensees of nationwide systems must submit progress reports pursuant to § 90.725(d) of this part.
(b) Licensees offering service on a commercial basis must maintain records of the names and addresses of each customer and the dates that service commenced and terminated. These records must be made available to the Commission upon request. Such licensees must report at the time of license renewal the number of mobile units being served.
(c) Non-commercial trunked system licensees must report at the time of license renewal the number of mobile units being served.
(d) Except for licensees of nationwide systems, all licensees must report whether construction of the facility has been completed in accordance with § 1.947 of this chapter.
(e) All reports must be filed in accordance with § 1.913 of this chapter.
There is no limit on the number of licenses that may be authorized to a single licensee.
Licensees of Phase I nationwide systems must construct base stations, or fixed stations transmitting on frequencies in the 220-221 MHz band, in a minimum of 28 of the urban areas listed in the following Table within ten years of initial license grant. A base station, or fixed station, is considered to be within one of the listed urban areas if it is within 60 kilometers (37.3 miles) of the specified coordinates (coordinates are referenced to North American Datum 1983 (NAD83)).
The geographic coordinates are originally from the Department of Commerce publication of 1947: “Air-line Distances Between Cities in the United States” and from data supplied by the National Geodetic Survey and converted to the reference system of North American Datum 1983 using the National Geodetic Survey's NADCON program. The coordinates are determined by using the first city mentioned as the center of the urban area.
(a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 90.149. Licensees must demonstrate, in their application, that:
(1) They have provided “substantial” service during their past license term. “Substantial” service is defined in this rule as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal; and
(2) They have substantially complied with applicable FCC rules, policies, and the Communications Act of 1934, as amended.
(b) In order to establish its right to a renewal expectancy, a renewal applicant must submit a showing explaining why it should receive a renewal expectancy. At a minimum, this showing must include:
(1) A description of its current service in terms of geographic coverage and population served;
(2) For an EA, Regional, or nationwide licensee, an explanation of its record of expansion, including a timetable of the construction of new stations to meet changes in demand for service;
(3) A description of its investments in its system;
(4) Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and
(5) A list of any pending proceedings that relate to any matter described in this paragraph.
(c) Phase I non-nationwide licensees have license terms of 5 years, and therefore must meet these requirements 5 years from the date of initial authorization in order to receive a renewal expectancy. Phase I nationwide licensees and all Phase II licensees have license terms of 10 years, and therefore must meet these requirements 10 years from the date of initial authorization in order to receive a renewal expectancy.
(a) A Phase I licensee's service area shall be defined by the predicted 38 dBu service contour of its authorized base station or fixed station transmitting on frequencies in the 220-221 MHz band at its initially authorized location or at the location authorized in accordance with §§ 90.751, 90.753, 90.755 and 90.757 if the licensee has sought modification of its license to relocate its initially authorized base station. The Phase I licensee's predicted 38 dBu service contour is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the authorized effective radiated power (ERP) and antenna height-above-average-terrain of the licensee's base station or fixed station. Phase I licensees are permitted to add, remove, or modify transmitter sites within their existing service area without prior notification to the Commission so long as their predicted 38 dBu service contour is not expanded. The incumbent licensee must, however, notify the Commission within 30 days of the completion of any changes in technical parameters or additional stations constructed through a minor modification of its license. Such notification must be made by submitting the appropriate FCC form and must include the appropriate filing fee, if any. These minor modification applications are not subject to public notice and petition to deny requirements or mutually exclusive applications.
(b) Phase I licensees holding authorizations for service areas that are contiguous and overlapping may exchange these authorizations for a single license, authorizing operations throughout the contiguous and overlapping service areas. Phase I licensees exercising this license exchange option must submit specific information for
Phase I non-nationwide licensees will be given an opportunity to seek modification of their license to relocate their initially authorized base station, i.e., locate their base station at a site other than its initially authorized location. The conditions under which modifications will be granted and the procedures for applying for license modifications are described in §§ 90.753, 90.757 and 1.929 of this chapter. For CMRS licensees, these modifications will be treated as minor modifications in accordance with § 1.929 of this chapter.
(a) Except as provided in paragraphs (b), and (c) of this section, a Phase I non nationwide licensee may modify its authorization to relocate its authorized base station up to one-half the distance over 120 km toward any co-channel licensee's initially authorized base station, to a maximum distance of 8 km.
(b) A Phase I non-nationwide licensee with an authorized base station located outside a Designated Filing Area (DFA) (see Public Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its authorization to relocate its authorized base station up to one-half the distance over 120 km toward any co-channel licensee's initially authorized base station, to a maximum distance of 25 km, so long as the base station is relocated no more than 8 km inside of any DFA (i.e., no more than 8 km from the nearest DFA boundary line).
(c) A Phase I non-nationwide licensee that has been granted Special Temporary Authority (STA) to operate at an alternative base station location may modify its authorization to seek permanent authorization at that location, regardless of whether locating the station at the STA site is in strict conformance with the provisions of paragraphs (a) and (b) of this section, if the licensee certifies that such a modification is in conformance with §§ 90.723 and 90.729 and:
(1) It has constructed its base station and has placed it in operation, or commenced service, at the STA site on or before January 26, 1996; or
(2) It has taken delivery of its base station transceiver on or before January 26, 1996.
(d) The application for a Phase I non-nationwide licensee proposing a base station modification resulting in less than 120 km separation from a co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's application submission on FCC Form 601.
(e) The application of a Phase I non-nationwide licensee proposing a base station modification resulting in at least a 120 km separation from each co-channel licensee's initially authorized base station but more than one-half the distance over 120 km toward any co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's submission on FCC Form 601.
(a) Except as provided in paragraph (b) of this section, a Phase I non-nationwide licensee that is granted modification of its authorization to relocate its base station must construct its base station and place it in operation, or commence service, on all authorized channels on or before August 15, 1996, or within 12 months of initial grant date, whichever is later. The authorization of a licensee that does not construct its base station and place it in operation, or commence service, by this date, cancels automatically and must be returned to the Commission.
(b) A Phase I non-nationwide licensee with a base station authorized at a location north of Line A must construct its base station and place it in operation, or commence service, on all authorized channels within 12 months of
(a) EA licenses for spectrum blocks listed in Table 2 of § 90.721(b) are available in 175 Economic Areas (EAs) as defined in § 90.7.
(b) Regional licenses for spectrum blocks listed in Table 2 of § 90.721(b) are available in six Regional Economic Area Groupings (REAGs) as defined in § 90.7.
(a) A nationwide licensee authorized pursuant to § 90.717(a) may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere in the Nation, and transmit on any of its authorized channels, provided that the licensee complies with the requirements of § 90.733(i).
(b) An EA or Regional licensee authorized pursuant to § 90.761 may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere within its authorized EA or REAG, and transmit on any of its authorized channels, provided that:
(1) The licensee affords protection to all authorized co-channel Phase I non-nationwide base stations as follows:
(i) The EA or Regional licensee must locate its land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, at least 120 km from the land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, of co-channel Phase I licensees, except that separations of less than 120 km shall be considered on a case-by-case basis upon submission by the EA or Regional licensee of:
(A) A technical analysis demonstrating at least 10 dB protection to the predicted 38 dBu service contour of the co-channel Phase I licensee,
(B) A written letter from the co-channel Phase I licensee consenting to a separation of less than 120 km, or to less than 10 dB protection to the predicted 38 dBu service contour of the licensee's base station or fixed station.
(ii) The Phase I licensee's predicted 38 dBu service contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the licensee's authorized effective radiated power and antenna height-above-average-terrain. The EA or Regional licensee's predicted 28 dBu interfering contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential.
(2) The licensee complies with the requirements of § 90.733(i).
(3) The licensee limits the field strength of its base stations, or fixed stations operating on base station transmit frequencies, in accordance with the provisions of § 90.771.
(4) Upon request by a licensee or the Commission, an EA or regional licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA or region. The EA or regional licensee must provide such information within
(c) In the event that the authorization for a co-channel Phase I base station, or fixed station transmitting on base station transmit frequencies, within an EA or Regional licensee's border is terminated or revoked, the EA or Regional licensee's channel obligations to such stations will cease upon deletion of the facility from the Commission's official licensing records, and the EA or Regional licensee then will be able to construct and operate without regard to the previous authorization.
At 63 FR 68973, Dec. 14, 1998, § 90.763 was amended by revising paragraph (b)(4). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
Nationwide licenses authorized pursuant to § 90.717(a), EA and Regional licenses authorized pursuant to § 90.761, and non-nationwide licenses authorized pursuant to §§ 90.720 and 90.719(c) will be issued for a term not to exceed ten years.
(a) An EA or Regional licensee must construct a sufficient number of base stations (
(1) At least one-third of the population of its EA or REAG within five years of the issuance of its initial license; and
(2) At least two-thirds of the population of its EA or REAG within ten years of the issuance of its initial license.
(b) EA and Regional licensees offering fixed services as part of their system, and EA and Regional licensees that have one or more incumbent, co-channel Phase I licensees authorized within their EA or REAG may meet the construction requirements of paragraph (a) of this section by demonstrating an appropriate level of substantial service at their five- and ten-year benchmarks.
(c) Licensees must notify the Commission in accordance with § 1.946 of this chapter of compliance with the Construction requirements of paragraphs (a) and (b) of this section.
(d) Failure by an EA or Regional licensee to meet the construction requirements of paragraph (a) or (b) of this section, as applicable, will result in automatic cancellation of its entire EA or Regional license. In such instances, EA or Regional licenses will not be converted to individual, site-by-site authorizations for already constructed stations.
(e) EA and Regional licensees will not be permitted to count the resale of the services of other providers in their EA or REAG,
(f) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations.
(a) A nationwide licensee must construct a sufficient number of base stations (
(1) A composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years of the issuance of its initial license; and
(2) A composite area of at least 1,500,000 square kilometers or 75 percent of the United States population within ten years of the issuance of its initial license.
(b) Nationwide licensees offering fixed services as part of their system may meet the construction requirements of paragraph (a) of this section by demonstrating an appropriate level of substantial service at their five- and ten-year benchmarks.
(c) Licensees must notify the Commission in accordance with § 1.946 of this chapter of compliance with the Construction requirements of paragraphs (a) and (b) of this section.
(d) Failure by a nationwide licensee to meet the construction requirements of paragraphs (a) or (b) of this section, as applicable, will result in automatic cancellation of its entire nationwide license. In such instances, nationwide licenses will not be converted to individual, site-by-site authorizations for already constructed stations.
(e) Nationwide licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations.
(a) The transmissions from base stations, or fixed stations transmitting on base station transmit frequencies, of EA and Regional licensees may not exceed a predicted 38 dBu field strength at their EA or REAG border. The predicted 38 dBu field strength is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential.
(b) Licensees will be permitted to exceed the predicted 38 dBu field strength required in paragraph (a) of this section if all affected, co-channel EA and Regional licensees agree to the higher field strength.
(c) EA and Regional licensees must coordinate to minimize interference at or near their EA and REAG borders, and must cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b).
Mutually exclusive initial applications to provide 900 MHz SMR service are subject to competitive bidding procedures. The general competitive bidding procedures found in part 1, subpart Q of this chapter will apply unless otherwise provided in this part.
The Commission will employ a simultaneous multiple round auction design when choosing from among mutually exclusive initial applications to provide 900 MHz SMR service, unless otherwise specified by the Wireless Telecommunications Bureau before the auction.
(a)
(b)
(c)
(d)
(e)
The Commission will license each 10-channel block in the 900 MHz SMR spectrum separately. Applicants may aggregate across spectrum blocks within the limitation specified in § 20.6(b) of this chapter.
(a) During the course of an auction conducted pursuant to § 90.802, the Wireless Telecommunications Bureau will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction closes, or who are disqualified.
(b) Bid withdrawal prior to close of auction. A bidder who withdraws a high bid during the course of an auction will be subject to a payment equal to the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission. No withdrawal payment would be assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount will be deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission.
(c)
All applicants to participate in competitive bidding for 900 MHz SMR licenses must submit applications on FCC Forms 175 and 175-S pursuant to the provisions of § 1.2105 of this chapter. The Wireless Telecommunications Bureau will issue a Public Notice announcing the availability of 900 MHz SMR licenses and, in the event that mutually exclusive applications are filed, the date of the auction for those licenses. This Public Notice also will specify the date on or before which applicants intending to participate in a 900 MHz SMR auction must file their applications in order to be eligible for that auction, and it will contain information necessary for completion of the application as well as other important information such as the materials which must accompany the Forms, any filing fee that must accompany the application or any upfront payment that will need to be submitted, and the location where the application must be filed. In addition to identifying its status as a small business or rural telephone company, each applicant must indicate whether it is a minority-owned entity, as defined in § 90.814(g) and/or a women-owned entity.
(a) Each bidder in the 900 MHz SMR auction will be required to submit an upfront payment of $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to § 1.2106 of this chapter and procedures specified by Public Notice.
(b) Each winning bidder in the 900 MHz SMR auction shall make a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within five business days after the auction closes, and the remaining balance due on the license shall be paid within five business days after Public Notice announcing that the Commission is prepared to award the license. The grant of the application required by § 90.808 is conditional upon receipt of full payment, except for small businesses that are winning bidders, which are governed by § 90.811. The Commission generally will grant the license within ten (10) business days after the receipt of the remaining balance due on the license.
Each winning bidder will be required to submit a long-form application on FCC Form 600 within ten (10) business days after being notified by Public Notice that it is the winning bidder. Applications on FCC Form 600 shall be submitted pursuant to the procedures set forth in 90.119 and any associated Public Notices. Only auction winners (and rural telephone companies and incumbent 900 MHz SMR licensees seeking partitioned licenses pursuant to
(a) A bidder who withdraws its bid subsequent to the close of bidding, defaults on a payment due, or is disqualified, will be subject to the payments specified in § 90.805 or § 1.2109 of this chapter, as applicable.
(b) MTA licenses pursued through competitive bidding procedures will be granted pursuant to the requirements specified in § 90.166.
(a) A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in § 90.814(b)(1)(i) may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified in § 90.617(d), table 4B. A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in § 90.814(b)(1)(ii) may use a bidding credit of 10 percent to lower the cost of its winning bid on any of the blocks identified in § 90.617(d), table 4B.
(b) Unjust Enrichment. (1) A small business seeking transfer or assignment of a license to an entity that is not a small business under the definitions in § 90.814(b)(1) will be required to reimburse the government for the amount of the bidding credit, plus interest at the rate imposed for installment financing at the time the license was awarded, before transfer will be permitted. The amount of this payment will be reduced over time as follows: a transfer in the first two years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit: in year three of the license term the payment will be 75 percent; in year four the payment will be 50 percent and in year five the payment will be 25 percent, after which there will be no assessment. If a small business as defined in § 90.814(b)(1)(i) seeks to transfer or assign a license to a small business as defined in § 90.814(b)(1)(ii), the value of the bidding credit to be repaid is five percent, the difference between the 10 and 15 percent bidding credits. The five percent difference will be subject to the percentage reductions over time specified above. These payments must be paid back to the U.S. Treasury as a condition of approval of the assignment or transfer.
(2) If a small business that utilizes a bidding credit under this section seeks to assign or transfer control of its license to a small business meeting the eligibility standards for lower bidding credits or seeks to make any other change in ownership that would result in the licensee qualifying for a lower bidding credit under this section, the licensee must seek Commission approval and reimburse the government for the difference between the amount of the bidding credit obtained by the licensee and the bidding credit for which the assignee, transferee or licensee is eligible under this section as a condition of the approval of such assignment, transfer or other ownership change.
Each winning bidder that qualifies as a small business shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five (5) business days after the auction closes, and the remainder of the down payment (five percent) shall be paid within five (5) business days following Public Notice that the Commission is prepared to award the license. The Commission generally will grant the license within ten (10) business days after receipt of the remainder of the down payment.
(a)
(b)
(a)
(b)
(2)
(3)
(c)
(2)
(3)
(d)
(2)
(ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire
(iii) The licensee shall be permitted to continue to pay its
(iv) A default on the licensee's payment obligation will only affect the licensee's portion of the market.
(3)
(ii) Each party will be required, as a condition to approval of the partial assignment application, to execute separate financing documents (promissory note, security agreement) agreeing to pay their
(iii) A default on an obligation will only affect that portion of the market area held by the defaulting party.
(iv) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their
(e)
(f)
(i) The partitionee may certify that it will satisfy the applicable construction requirements set forth in § 90.665 for the partitioned license area; or
(ii) The original licensee may certify that it has or will meet the construction requirements set forth in § 90.665 for the entire market. In that case, the partitionee must only meet the requirements for renewal of its license for the partitioned license area.
(iii) Applications requesting partial assignments of license for partitioning must include a certification by each
(iv) Partitionees must submit supporting documents showing compliance with the respective construction requirements within the appropriate time frames set forth in § 90.665.
(v) Failure by any partitionee to meet its respective performance requirements will result in the automatic cancellation of the partitioned or disaggregated license without further Commission action.
(2)
(a)
(b)
(1) A small business is an entity that either:
(i) together with its affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, has average gross revenues that are not more than $3 million for the preceding three years; or
(ii) together with its affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, has average gross revenues that are not more than $15 million for the preceding three years.
(2) For purposes of determining whether an entity meets either the $3 million or $15 million average annual gross revenues size standard set forth in paragraph (b)(1) of this section, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated, subject to the exceptions set forth in § 90.814(g).
(3) A small business consortium is a conglomerate organization formed as a joint venture between or among mutually-independent business firms, each of which individually satisfies either definition of a small business in paragraphs (b)(1) and (b)(2) of this section. In a consortium of small businesses, each individual member must establish its eligibility as a small business, as defined in this section.
(c)
(d)
(e)
(f)
(g)
(1)
(2) [Reserved]
(h)
(i) Directly or indirectly controls or has the power to control the applicant, or
(ii) Is directly or indirectly controlled by the applicant, or
(iii) Is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or
(iv) Has an “identity of interest” with the applicant.
(2)
An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of director, officer or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of his/her position in the concern, has a critical influence in or substantive control over the operations or management of the concern.
(iii) Control can arise through management positions where a concern's voting stock is so widely distributed that no effective control can be established.
In a corporation where the officers and directors own various size blocks totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him or her control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are persons with attributable interests in the applicant, the other entity will be deemed an affiliate of the applicant.
(3)
Two shareholders in Corporation Y each
(i)
(ii)
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other in business matters.
A owns a controlling interest in Corporation X. A's sister-in-law, B, has an attributable interest in an SMR application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.
(4)
(ii) An applicant is presumed to control or have the power to control a concern even though he or she owns, controls or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he or she owns, controls or has the power to control is large as compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.
(5)
If company B holds an option to purchase a controlling interest in company A, who holds an attributable interest in an SMR application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of Company B must be taken into account in determining the size of the applicant.
If a large company, BigCo, holds 70% (70 to 100 outstanding shares) of the voting stock of company A, who holds an attributable interest in an SMR application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed
If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.
(6)
(ii) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.
(7)
(8)
(9)
(10)
(ii) The parties to a joint venture are considered to be affiliated with each other.
(a)
(1) The identity of the applicant's affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, and, if a consortium of small businesses, the members in the joint venture; and
(2) The applicant's gross revenues, computed in accordance with § 90.814.
(b)
(1) Disclose separately and in the aggregate the gross revenues, computed in accordance with § 90.814, for each of
(2) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business under §§ 90.810 through 90.812, including the establishment of
(3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees.
(c)
(d)
(2) Consent to such audits is part of the certification included in the short-form application (Form 175). Such consent shall include consent to the audit of the applicant's or licensee's books, documents and other material (including accounting procedures and practices) regardless of form or type, sufficient to confirm that such applicant's or licensee's representations are, and remain, accurate. Such consent shall include inspection at all reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed 900 MHz SMR service and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee.
(e)
(a)
(b)
(1) The 900 MHz SMR 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 complied 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 900 MHz 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;
(ii) An explanation of its record of expansion, including a timetable of the
(iii) A description of its investments in its 900 MHz SMR 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 paragraph (b)(2) of this section.
(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.
Mutually exclusive initial applications for Spectrum Blocks A through V in the 800 MHz band are subject to competitive bidding procedures. The general competitive bidding procedures provided in 47 CFR part 1, subpart Q will apply unless otherwise indicated in this subpart.
The Commission will employ a simultaneous multiple round auction design when selecting from among mutually exclusive initial applications for EA licenses for Spectrum Blocks A through V in the 800 MHz band, unless otherwise specified by the Wireless Telecommunications Bureau before the auction.
(a)
(b)
(2)
(i) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh.
(ii) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands.
(iii) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha.
(iv) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
(v) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
(c)
(d)
(e)
(f)
The Commission will license each Spectrum Block A through V in the 800 MHz band separately. Applicants may aggregate across spectrum blocks within the limitations specified in § 20.6 of this chapter.
(a) During the course of an auction conducted pursuant to § 90.902, the Commission will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction closes, or who are disqualified.
(b)
(c)
All applicants to participate in competitive bidding for 800 MHz SMR licenses in Spectrum Blocks A through V must submit applications on FCC Forms 175 and 175-S pursuant to the provisions of § 1.2105 of this chapter. The Wireless Telecommunications Bureau will issue a Public Notice announcing the availability of these 800 MHz SMR licenses and, in the event that mutually exclusive applications are filed, the date of the auction for those licenses. This Public Notice also will specify the date on or before which applicants intending to participate in a 800 MHz SMR auction must file their applications in order to be eligible for that auction, and it will contain information necessary for completion of the application as well as other important information such as the materials which must accompany the Forms, any filing fee that must accompany the application or any upfront payment that will need to be submitted, and the location where the application must be filed. In addition to identifying its status as a small business or rural telephone company, each applicant must indicate whether it is a minority-owned entity and/or a women-owned entity, as defined in § 90.912(e).
(a)
(b)
Each winning bidder will be required to submit a long-form application on FCC Form 600 within ten (10) business days after being notified by Public Notice that it is the winning bidder. Applications on FCC Form 600 shall be submitted pursuant to the procedures set forth in § 90.119 of this part and any associated Public Notices. Only auction winners (and rural telephone companies seeking partitioned licenses pursuant to agreements with auction winners under § 90.911) will be eligible to file applications on FCC Form 600 for initial 800 MHz SMR licenses in the event of mutual exclusivity between applicants filing FCC Form 175.
(a) Except with respect to entities eligible for installment payments (
(b) A bidder who withdraws its bid subsequent to the close of bidding, defaults on a payment due, or is disqualified, will be subject to the payments specified in § 90.905 or § 1.2109 of this chapter, as applicable.
(c) EA licenses pursued through competitive bidding procedures will be granted pursuant to the requirements specified in § 90.166.
(a) A winning bidder that qualifies as a very small business or a consortium of very small businesses, as defined in §§ 90.912(b)(2) and (b)(5), may use a bidding credit of 35 percent to lower the cost of its winning bid on Spectrum Blocks A through V. A winning bidder that qualifies as a small business or a consortium of small businesses, as defined in §§ 90.912(b)(1) or (b)(4), may use a bidding credit of 25 percent to lower the cost of its winning bid on Spectrum Blocks A through V.
(b)
(2) If a very small business (as defined in § 90.912(b)(2)) that utilizes a bidding credit under this section seeks to assign or transfer control of an authorization to a small business meeting the eligibility standards for a lower bidding credit, or seeks to make any other change in ownership that would result in the licensee qualifying for a
(3) The amount of payments made pursuant to paragraphs (b)(1) and (b)(2) of this section will be reduced over time as follows: a transfer in the first two years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit (or the difference between the bidding credit obtained by the original licensee and the bidding credit for which the post-transfer licensee is eligible); in year three of the license term the payment will be 75 percent; in year four the payment will be 50 percent; and in year five the payment will be 25 percent, after which there will be no assessment.
(a)
(b)
(2)
(3)
(c)
(2)
(d)
(e)
(f)
(B) The original licensee may certify that it has or will meet the three and five year construction requirements set forth in § 90.685(c) for the entire market.
(C) Applications requesting partial assignments of license for partitioning must include a certification by each party as to which of the above options they select.
(D) Partitionees must submit supporting documents showing compliance with the respective construction requirements within the appropriate time frames set forth in § 90.685(c).
(E) Failure by any partitionee to meet its respective construction requirements will result in the automatic cancellation of the partitioned license without further Commission action.
(ii)
(A) The partitionee may certify that it will satisfy the channel usage requirements set forth in § 90.685(d) for the disaggregated spectrum; or
(B) The original licensee may certify that it has or will meet the channel usage requirements as set forth in § 90.685(d) for the entire spectrum block. In that case, the disaggregatee must only satisfy the requirements for “substantial service,” as set forth in § 90.685(c), for the disaggregated spectrum within five years of the license grant.
(C) Applications requesting partial assignments of license for disaggregation must include a certification by each party as to which of the above options they select.
(D) Disaggregatees must submit supporting documents showing compliance with the respective channel usage requirements within the appropriate time frames set forth in § 90.685(c).
(E) Failure by any disaggregatee to meet its respective channel usage requirements will result in the automatic cancellation of the disaggregated license without further Commission action.
(2)
(A) The partitionee may certify that it will satisfy the applicable construction requirements set forth in § 90.685(c) for the partitioned license area; or
(B) The original licensee may certify that it has or will meet the construction requirements set forth in § 90.685(c) for the entire market.
(C) Applications requesting partial assignments of license for partitioning must include a certification by each party as to which of the above options they select.
(D) Partitionees must submit supporting documents showing compliance with the respective construction requirements within the appropriate time frames set forth in § 90.685(c).
(E) Failure by any partitionee to meet its respective construction requirements will result in the automatic cancellation of the partitioned license without further Commission action.
(ii)
(g)
(a)
(b)
(2) A
(3) For purposes of determining whether an entity meets the $3 million or $15 million average annual gross revenues size standard set forth in paragraph (b)(1) of this section, the gross revenues of the entity, its affiliates, and controlling principals shall be considered on a cumulative basis and aggregated.
(4) A
(5) A
(c)
(d)
(i) Directly or indirectly controls or has the power to control the applicant, or
(ii) Is directly or indirectly controlled by the applicant, or
(iii) Is directly or indirectly controlled by a third party or parties who also control or have the power to control the applicant, or
(iv) Has an “identity of interest” with the applicant.
(2)
An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting stock to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of director, officer, or key employee positions; contractual or other business relations; or
(iii) Control can arise through management positions if the voting stock is so widely distributed that no effective control can be established.
In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him/her control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are controlling principals of the applicant, the other entity will be deemed an affiliate of the applicant.
(3)
(i)
(ii)
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other in business matters.
A owns a controlling interest in Corporation X. A's sister-in-law, B, has a controlling interest in an SMR application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.
(4)
(ii) An applicant is presumed to control or have the power to control a concern even though he/she owns, controls, or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he/she owns, controls, or has the power to control is large as compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.
(5)
If company B holds an option to purchase a controlling interest in company A, who holds a controlling interest in an SMR application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant.
If a large company, BigCo, holds 70% (70 of 100 outstanding shares) of the voting stock of company A, who holds a controlling interest in an SMR application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate of company A, and thus the applicant, until SmallCo actually exercises its options to purchase such shares. In order to prevent BigCo from circumventing the intent of the rule, which requires such options to be considered on a fully diluted basis, the option is not considered to have present effect in this case.
If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.
(6)
(ii) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.
(7)
(8)
(9)
(10)
(ii) The parties to a joint venture are considered to be affiliated with each other.
(a)
(1) The identity of the applicant's affiliates and controlling principals, and, if a consortium of small businesses (or a consortium of very small businesses), the members of the joint venture; and
(2) The applicant's gross revenues, computed in accordance with § 90.912.
(b)
(1) Disclose separately and in the aggregate the gross revenues, computed in accordance with § 90.912, for each of the following: the applicant, the applicant's affiliates, the applicant's controlling principals, and, if a consortium of small businesses (or consortium of very small businesses), the members of the joint venture;
(2) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business, very small business, consortium of small businesses or consortium of very small businesses under §§ 90.910 and 90.912, including the establishment of
(3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees.
(c)
(d)
(2) Consent to such audits is part of the certification included in the short-form application (FCC Form 175). Such consent shall include consent to the audit of the applicant's or licensee's books, documents and other material (including accounting procedures and practices) regardless of form or type, sufficient to confirm that such applicant's or licensee's representations are, and remain, accurate. Such consent shall include inspection at all reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed 800 MHz SMR service and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee.
(3)
Mutually exclusive initial applications for 220 MHz geographic area licenses are subject to competitive bidding procedures. The procedures set
A simultaneous multiple round auction will be used to choose from among mutually exclusive initial applications for 220 MHz geographic area licenses, unless the Commission specifies otherwise by Public Notice prior to the competitive bidding procedure.
(a)
(b)
(c)
(d)
(e)
The Commission will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction terminates, or who are disqualified. When the Commission conducts a simultaneous multiple round auction, payments will be calculated as set forth in §§ 1.2104(g) and 1.2109 of this chapter. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required.
Each applicant to participate in competitive bidding for 220 MHz geographic area licenses must submit an application (FCC Forms 175 and 175-S) pursuant to the provisions of § 1.2105 of this chapter.
(a) The Commission will require applicants to submit an upfront payment prior to the start of a 220 MHz Service auction. The amount of the upfront payment for each geographic area license auctioned and the procedures for submitting it will be set forth by the Wireless Telecommunications Bureau in a public notice in accordance with § 1.2106 of this chapter.
(b) Each winning bidder in a 220 MHz Service auction must submit a down payment to the Commission in an amount sufficient to bring its total deposits up to 20 percent of its winning bid within ten (10) business days following the release of a Public Notice announcing the close of bidding.
Each successful bidder for a 220 MHz geographic area license must submit a long-form application (FCC Form 601) in accordance with part 1, subpart F of this chapter within ten (10) business days after being notified by Public Notice that it is the winning bidder. Regardless of the number of markets won, winning bidders will only be required to file a single application. Applications for 220 MHz geographic area licenses on FCC Form 601 must be submitted in accordance with § 1.2107 of this chapter, all applicable procedures set forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for 220 MHz geographic area licenses from anyone other than
(a) Unless otherwise specified by Public Notice, auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a Public Notice establishing the payment deadline. If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five percent of the amount due. When a winning bidder fails to pay the balance of its winning bid by the late payment deadline, it is considered to be in default on its license(s) and subject to the applicable default payments. Licenses will be awarded upon the full and timely payment of winning bids and any applicable late fees.
(b) A bidder that withdraws its bid subsequent to the close of bidding, defaults on a payment due, or is disqualified, is subject to the payments specified in § 1.2104(g), § 1.2109, and § 90.1007 of this chapter, as applicable.
(a)
(b)
(2) If a very small business (as defined in § 90.1021(b)(2)) that utilizes a bidding credit under this section seeks to transfer control or assign an authorization to a small business meeting the eligibility standards for a lower bidding credit, or seeks to make any other change in ownership that would result in the licensee qualifying for a lower bidding credit under this section, the licensee must seek Commission approval and reimburse the U.S. government for the difference between the amount of the bidding credit obtained by the licensee and the bidding credit for which the assignee, transferee, or licensee is eligible under this section, plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license was granted, as a condition of the approval of such assignment, transfer, or other ownership change.
(3) The amount of payments made pursuant to paragraphs (b)(1) and (b)(2) of this section will be reduced over time as follows: A transfer in the first two years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit (or the difference between the bidding credit obtained by the original licensee and the bidding credit for which the post-transfer licensee is eligible); in year 3 of the license term the payment will be 75 percent; in year 4 the payment will be 50 percent; and in year 5 the payment will be 25 percent, after which there will be no assessment.
(a)
(1) Phase I non-nationwide licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum after constructing their systems and placing their in operation or commencing service in accordance with the provisions in § 90.725(f) of this part.
(2) Phase I nationwide licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum after constructing at least 40 percent of the geographic areas designated in their applications in accordance with the provisions in § 90.725(a) of this part.
(3) Phase II licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses.
(4) Phase I and Phase II licensees authorized to operate on Channels 161 through 170 or Channels 181 through 185 are not eligible to partition their geographic service area or disaggregate their licensed spectrum.
(b)
(c)
(d)
(i) The partitionee may certify that it will satisfy the applicable construction requirements set forth in §§ 90.767 or 90.769 of this part, as applicable, for the partitioned license area; or
(ii) The original licensee may certify that it has or will meet its five-year construction requirement and will meet the ten-year construction requirement, as set forth in §§ 90.767 or 90.769 of this part, as applicable, for the entire license area. In that case, the partitionee must only satisfy the requirements for “substantial service,” as set forth in § 90.743(a)(1) of this part, for the partitioned license area by the end of the original ten-year license term of the licensee.
(iii) Failure by any partitionee to meet its respective construction requirements will result in the automatic cancellation of the partitioned license without further Commission action (
(2)
(a)
(b)
(2) A very small business is an entity that, together with its affiliates and controlling principals, has average gross revenues that are not more than $3 million for the preceding three years.
(3) For purposes of determining whether an entity meets either of the definitions set forth in paragraph (b)(1) or (b)(2) of this section, the gross revenues of the entity, its affiliates, and controlling principals shall be considered on a cumulative basis and aggregated.
(4) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section or each of which individually satisfies the definition in paragraph (b)(2) of this section. Where an applicant (or licensee) is a consortium of small businesses (or very small businesses), the gross revenues of each small business (or very small business) shall not be aggregated.
(c)
(d)
(i) Directly or indirectly controls or has the power to control the applicant, or
(ii) Is directly or indirectly controlled by the applicant, or
(iii) Is directly or indirectly controlled by a third party or parties who also control or have the power to control the applicant, or
(iv) Has an “identity of interest” with the applicant.
(2)
An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting stock to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of director, officer, or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of his/her position in the concern, has a critical influence in or substantive control over the operations or management of the concern.
(iii) Control can arise through management positions if the voting stock is so widely distributed that no effective control can be established.
In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him/her control or the power to
(3)
(i)
(ii)
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other in business matters.
A owns a controlling interest in Corporation X. A's sister-in-law, B, has a controlling interest in a 220 MHz service geographic area license application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.
(4)
(ii) An applicant is presumed to control or have the power to control a concern even though he/she owns, controls, or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he/she owns, controls, or has the power to control is large as compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.
(5)
If company B holds an option to purchase a controlling interest in company A, who holds a controlling interest in a 220 MHz service geographic area license application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant.
If a large company, BigCo, holds 70% (70 of 100 outstanding shares) of the voting stock of company A, who holds a controlling interest in a 220 MHz service geographic area license application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be
If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.
(6)
(ii) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.
(7)
(8)
(9)
(10)
(ii) The parties to a joint venture are considered to be affiliated with each other.
(a)
(1) The identity of the applicant's affiliates and controlling principals, and, if a consortium of small businesses (or consortium of very small businesses), the members of the joint venture; and
(2) The applicant's gross revenues, computed in accordance with § 90.1021.
(b)
(1) Disclose separately and in the aggregate the gross revenues, computed in accordance with § 90.1021, for each of the following: The applicant, the applicant's affiliates, the applicant's controlling principals, and, if a consortium of small businesses (or consortium of very small businesses), the members of the joint venture;
(2) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business or very small business under §§ 90.1017 through 90.1023, including the establishment of
(3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees.
(c)
(d)
(2) Consent to such audits is part of the certification included in the short-form application (FCC Form 175). Such consent shall include consent to the audit of the applicant's or licensee's books, documents and other material (including accounting procedures and practices) regardless of form or type, sufficient to confirm that such applicant's or licensee's representations are, and remain, accurate. Such consent shall include inspection at all reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed 220 MHz service, and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee.
(e)
(a) Procedures regarding petitions to deny long-form applications in the 220 MHz service will be governed by §§ 1.2108(b) through 1.2108(d) of this chapter and § 90.163.
(b) The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw an application or a petition to deny will be limited by the provisions set forth in § 90.162 and § 1.2105(c) of this chapter.
Mutually exclusive initial applications for multilateration Location and Monitoring Service licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part.
(a) This section addresses certain issues concerning designated entities in the Location and Monitoring Service (LMS) subject to competitive bidding. Issues that are not addressed in this section are governed by the designated entity provisions in part 1, subpart Q of this chapter.
(b)
(2) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years.
(3) For purposes of determining whether an entity meets either of the definitions set forth in paragraph (b)(1) or (b)(2) of this section, the gross revenues of the entity, its affiliates, and controlling interests shall be considered on a cumulative basis and aggregated.
(4) Where an applicant (or licensee) cannot identify controlling interests under the standards set forth in this section, the gross revenues of all interest holders in the applicant, and their affiliates, will be attributable.
(5) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section (or each of which individually satisfies the definition in paragraph (b)(2) of this section). Where an applicant or licensee is a consortium of small businesses (or very small businesses), the gross revenues of each small business (or very small business) shall not be aggregated.
(c)
(i) the entity constitutes or appoints more than 50 percent of the board of directors or management committee;
(ii) the entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and
(iii) the entity plays an integral role in management decisions.
(2)
(i) Ownership interests shall be calculated on a fully diluted basis; all agreements such as warrants, stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised.
(ii) Partnership and other ownership interests and any stock interest equity, or outstanding stock, or outstanding voting stock shall be attributed as specified below.
(iii) Stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and, to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust.
(iv) Non-voting stock shall be attributed as an interest in the issuing entity.
(v) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in
(vi) Officers and directors of an entity shall be considered to have an attributable interest in the entity. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee or applicant.
(vii) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest.
(viii) Any person who manages the operations of an applicant or licensee pursuant to a management agreement shall be considered to have an attributable interest in such applicant or licensee if such person, or its affiliate pursuant to § 1.2110(b)(4) of this chapter, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence,
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(ix) Any licensee or its affiliate who enters into a joint marketing arrangement with an applicant or licensee, or its affiliate, shall be considered to have an attributable interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence,
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(d) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in paragraph (b)(1) or (b)(5) of this section may use the bidding credit specified in § 1.2110(e)(2)(ii) of this chapter. A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in paragraph (b)(2) or (b)(5) of this section may use the bidding credit specified in § 1.2110(e)(2)(i) of this chapter.
Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Nomenclature changes to part 95 appear at 63 FR 54077, Oct. 8, 1998.
(a) The
(b) The 218-219 MHz Service is a two-way radio service authorized for system licensees to provide communication service to subscribers in a specific service area. The rules for this service are contained in subpart F of this part.
Before any station transmits on any channel authorized in the GMRS from any
(a) An
(b) A
(c) A GMRS system licensed to a non-individual before July 31, 1987, is eligible to renew that license and all subsequent licenses based upon it if:
(1) The non-individual is a partnership and each partner is 18 years of age or older; a corporation; an association; a state, territorial, or local government unit; or a legal entity;
(2) The non-individual is not a foreign government; a representative of a foreign government; or a federal government agency; and
(3) The licensee has not been granted a major modification to its GMRS system.
(a) Channels or channel pairs (one 462 MHz frequency listed in § 95.29(a) of this part and one 467 MHz frequency listed in § 95.29(b) of this part) are available to GMRS systems only on a shared basis and will not be assigned for the exclusive use of any licensee. All station operators and GMRS system licensees must cooperate in the selection and use of channels to reduce interference and to make the most effective use of the facilities.
(b) Licensees of GMRS systems suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the FCC may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further, the use of any frequency at a given geographical location may be denied when, in the judgment of the FCC, its use in that location is not in the public interest; the use of any channel or channel pair may be restricted as to specified geographical areas, maximum power, or other operating conditions.
A
(a) One or more station operators;
(b) One mobile station consisting of one or more mobile units (see § 95.23 of this part);
(c) One or more land stations (optional);
(d) Paging receivers (optional); and
(e) Fixed stations (optional).
(a) A
(b) A mobile station unit may transmit from any point within or over any areas where radio services are regulated by the FCC
(c) A mobile station unit may transmit from an aircraft or ship, with the captain's permission, which is:
(1) Within or over any area where radio services are regulated by the FCC
(2) On or over international waters, if the unit is transmitting from an aircraft or ship of United States registry.
(a) A
(1) An exact point as shown on the license; or
(2) An unspecified point within an
(b) The point from which every land station transmits must be within an area where radio services are regulated by the FCC.
(c) [Reserved]
(d) A
(1) Has an antenna no more than 6.1 meters (20 feet) above the ground or above the building or tree on which it is mounted (see § 95.51); and
(2)
(ii) North of Line A or east of Line C, and the station transmits with no more than 5 watts
(e) A
(1) Has an antenna no more than 6.1 meters (20 feet) above the ground or above the building or tree on which it is mounted (see § 95.51); and
(2) Transmits with no more than 5 watts ERP.
(f) Each base station and each control station with an antenna height greater than 6.1 meters (20 feet) must be separately identified on Form 605.
A
(a) For a base station, fixed station, mobile station, or repeater station (a GMRS station that simultaneously retransmits the transmission of another GMRS station on a different channel or channels), the licensee of the GMRS system must select the transmitting channels or channel pairs (
(b) For a mobile station, control station, or fixed station operated in the duplex mode, the following 467 MHz channels may be used only to transmit communications through a repeater station and for remotely controlling a repeater station. The licensee of the GMRS system must select the transmitting channels or channel pairs (
(c)-(e) [Reserved]
(f) Except for a GMRS system licensed to a non-individual, a mobile station or a small base station operating in the simplex mode may transmit on the following 462 MHz interstitial channels:
(1) Only voice type emissions may be transmitted;
(2) The station does not transmit one-way pages; and
(3) The station transmits with no more than 5 watts ERP.
(g) Fixed stations in GMRS systems authorized before March 18, 1968, located 160 kilometers (100 miles) or more from the geographic center of urbanized areas f 200,000 or more population as defined in the U.S. Census of Population, 1960, Vol. 1, Table 23, page 50 that were authorized to transmit on channels other than those listed in this section may continue to transmit on their originally assigned channels provided that they cause no interference to the operation of stations in any of the part 90 private land mobile radio services.
(a)
(1) The station to be shared must be individually owned by the licensee, jointly owned by the participants and the licensee, leased individually by the licensee, or leased jointly by the participants and the licensee.
(2) The licensee must maintain access to and control over all stations authorized under its license.
(3) A station may be shared only:
(i) Without charge;
(ii) On a non-profit basis, with contributions to capital and operating expenses including the cost of mobile stations and paging receivers prorated equitably among all participants; or
(iii) On a reciprocal basis, i.e., use of one licensee's stations for the use of another licensee's stations without charge for either capital or operating expenses.
(4) All sharing arrangements must be conducted in accordance with a written agreement to be kept as part of the station records.
(b) [Reserved]
(a) The Department of Defense may impose additional restrictions on a station transmitting on its land. (Before placing a station at such a point, a licensee should consult with the commanding officer in charge of the land.)
(b) Additional restrictions may apply when a land station in a GMRS system is located near FCC field offices, near United States borders, in quiet zones, or when it may have a significant impact upon the environment.
(a) Certain antenna structures used in a GMRS system and that are more than 60.96 m (200 ft) in height, or are located near or at a public-use airport must be notified to the FAA and registered with the Commission as required by part 17 of this chapter.
(b) The antenna for a small base station or for a small control station must not be more than 6.1 meters (20 feet) above the ground or above the building or tree on which it is mounted.
(a) A GMRS license authorizes a GMRS station to transmit messages to other GMRS stations at any geographical location within or over the territorial limits of any area where radio services are regulated by the FCC. These points are listed in Appendix A.
(b) The license does not authorize operation as a common carrier or communication of messages for pay.
(c) If the licensee is a corporation and the license so indicates, it may use its GMRS system to furnish non-profit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary. Such use is not subject to the cooperative use provisions of § 95.33.
(d) For non-individual licensees, the license together with the system specifications for that license as maintained by the Commission represent the non-individual licensees’ maximum authorized system.
The licensee is responsible for the proper operation of the GMRS system at all times. The licensee is also responsible for the appointment of a station operator.
At 64 FR 53242, Oct. 1, 1999, § 95.103 was amended by revising paragraphs (a) and (b), effective Nov. 30, 1999. However, § 95.103, as revised at 63 FR 68975, Dec. 14, 1998, effective Feb. 12, 1999, does not contain paragraphs (a) and (b), and the revisions could not be made. For the convenience of the user, the revised text is set forth as follows:
(a) The licensee is responsible for the proper operation of the GMRS system at all times. The licensee is also responsible for the appointment of a station operator.
(b) The licensee may limit the use of repeater to only certain user stations.
A license for a GMRS system is usually issued for a 5-year term.
If an authorized FCC representative requests to inspect any station in a GMRS system, the licensee or station operator must make the station available. If an authorized FCC representative requests to inspect the GMRS system records, the licensee must make them available.
Additional GMRS information may be obtained from any of the following sources:
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov/wtb/prs.
(c) In writing, to the FCC, Attention: GMRS, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
(a) Except as provided in paragraph (e), every GMRS station must transmit a station identification:
(1) Following the transmission of communications or a series of communications; and
(2) Every 15 minutes during a long transmission.
(b) The station identification is the call sign assigned to the GMRS station or system.
(c) A unit number may be included after the call sign in the identification.
(d) The station identification must be transmitted in:
(1) Voice in the English language; or
(2) International Morse code telegraphy.
(e) A station need not identify its transmissions if it automatically retransmits communications from another station which are properly identified.
Every station in a GMRS system must use transmitters the FCC has certificated for use in the GMRS. Write to any FCC Field Office to find out if a particular transmitter has been certificated for the GMRS. All station equipment in a GMRS system must comply with the technical rules in part 95.
(a) No station may transmit with more than 50 watts output power.
(b) [Reserved]
(c) A small control station at a point north of Line A or east of Line C must transmit with no more than 5 watts ERP.
(d) A fixed station must transmit with no more than 15 watts output power.
(e) A small base station must transmit with no more than 5 watts ERP.
(a) Except for a GMRS system licensed to a non-individual, one or more small base stations or a small control station may be added to a GMRS system at any point where radio services are regulated by the FCC.
(b) Non-individual licensees may not add any small base station or small control stations to their GMRS systems.
No station in a GMRS system may be interconnected to the public switched telephone network except as and in accordance with the requirements and restrictions applied to a wireline control link (see § 95.127).
(a) The stations in a GMRS system must cease transmitting when the station operator of any station on the same channel is communicating an
(b) If necessary to communicate an emergency message from a station in a GMRS system, the licensee may permit:
(1) Anyone to be the station operator (see § 95.179); and
(2) The station operator to communicate the emergency message to any radio station.
When a GMRS station is transmitting, it must have a station operator. The station operator must be at the control point for that station. The same person may be the operator for more than one station at the same time. The station operator communicates messages and controls the station. The station operator must also cooperate in
(a) An individual GMRS system licensee may permit immediate family members to be station operators in his or her GMRS system. Immediate family members are the:
(1) Licensee;
(2) Licensee's spouse;
(3) Licensee's children, grandchildren, stepchildren;
(4) Licensee's parents, grandparents, stepparents;
(5) Licensee's brothers, sisters;
(6) Licensee's aunts, uncles, nieces, nephews; and
(7) Licensee's in-laws.
(b) Only the following persons may be permitted to operate under the authority of a GMRS system licensed to a non-individual:
(2) These persons may only communicate messages about the licensee's business activities. Employees of the licensee may communicate messages while acting within the scope of their employment, and only about the licensee's business activities.
(c) The licensee may permit a telephone answering service employee to be a station operator if:
(1) That employee only communicates messages received for the licensee to the licensee;
(2) The station equipment at the telephone answering point is not shared in any other GMRS system; and
(3) The station at the telephone answering service point is not interconnected to the public switched telephone network.
(d) The station operator of a GMRS system licensed to an individual may be a station operator in any other GMRS system if he/she has permission from the licensee of the other GMRS system.
(e) The provisions of § 95.33 regarding cooperative use do not apply to or govern the authority of a GMRS licensee to designate station operators in accordance with the provisions of this section.
(a) A station operator for an individual who is licensed in the GMRS (other than an employee of that individual) may communicate two-way voice messages concerning the licensee's personal or business activities (see § 95.179).
(b) [Reserved]
(c) A station operator for any entity other than an individual licensed in the GMRS may communicate two-way voice messages concerning the licensee's business activities (see § 95.179). An employee for an entity other than an individual licensed in the GMRS may, as a station operator, communicate two-way voice messages while acting within the scope of his/her employment.
(d) A station operator for any GMRS licensee may communicate two-way voice messages concerning:
(1) Emergencies (see § 95.143);
(2) Rendering assistance to a motorist; and
(3) Civil defense drills, if the responsible agency requests assistance.
(e) All messages must be in
(f) A station operator may communicate tone messages for purposes of identification or transmitter control in a control link.
(g) A station operator may communicate a selective calling tone or tone operated squelch only in conjunction with a voice communication. If the tone is
(h) A station operator may communicate a one-way voice page to a paging receiver. A selective calling tone or tone operated squelch may be used in conjunction with a voice page, as prescribed in paragraph (g) of this section. A station operator may not communicate a
(a) A station operator must not communicate:
(1) Messages for hire, whether the remuneration received is direct or indirect;
(2) Messages in connection with any activity which is against Federal, State, or local law;
(3) False or deceptive messages;
(4) Coded messages or messages with hidden meanings (“10 codes” are permissible);
(5) Intentional interference;
(6) Music, whistling, sound effects or material to amuse or entertain;
(7) Obscene, profane or indecent words, language or meaning;
(8) Advertisements or offers for the sale of goods or services;
(9) Advertisements for a political candidate or political campaign (messages about the campaign business may be communicated);
(10) International distress signals, such as the word “Mayday” (except when on a ship, aircraft or other vehicle in immediate danger to ask for help);
(11) Programs (live or delayed) intended for radio or television station broadcast;
(12) Messages which are both conveyed by a wireline control link and transmitted by a GMRS station;
(13) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;
(14) Continuous or uninterrupted transmissions, except for communications involving the immediate safety of life or property;
(15) Messages for public address systems.
(b) A station operator in a GMRS system licensed to a telephone answering service must not transmit any communications to customers of the telephone answering service.
In ITU Region 2, the GMRS is regulated by the Commission within the territorial limits of the 50 United States, District of Columbia, Caribbean Insular areas (Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island), and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas.
In ITU Region 3, the GMRS is regulated by the Commission within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, Wake and Wilkes).
(a) Unless you are a representative of a foreign government, you are authorized by this rule to operate an FCC certified FRS unit in accordance with the rules in this subpart. No license will be issued.
(b) You are responsible for all communications that you make with the FRS unit. You must share each channel with other users. No channel is available for the private or exclusive use of any user.
(a) Provided that you comply with these rules, you are authorized to operate an FRS unit:
(1) Within or over any area of the world where radio services are regulated by the FCC (this area includes the fifty United States and the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands (50 islets and cays), American Samoa (seven islands), the Commonwealth of Northern Marianna Islands, and Guam Island);
(2) Within or over any other area of the world, except within or over the territorial limits of areas where radio services are regulated by an agency of the United States other than the FCC or any foreign government (you are subject to its rules);
(3) Aboard any vessel or aircraft registered in the United States, with the permission of the captain, that is within or over any area of the world where radio services are regulated by the FCC or upon or over international waters;
(4) or; Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company that is within or over any area of the world where radio services are regulated by the FCC or upon or over international waters.
(5) You must operate the FRS unit only according to any applicable treaty to which the United States is a party. The FCC will make public notice of any such conditions.
(b)-(c) [Reserved]
(d) Anyone intending to operate an FRS unit on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose an interference threat to the Arecibo Observatory shall notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
(1) The notification to the Interference Office, Arecibo Observatory shall be made 45 days prior to commencing operation of the unit. The notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections. The operator will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory. If the Commission determines that an operator has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, the unit may be allowed to operate.
(a) You may use an FRS unit to conduct two-way voice communications with another person. You may use the FRS unit to transmit one-way communications only to establish communications with another person, send an emergency message, provide traveler assistance, make a voice page, or to conduct a brief test.
(b) The FRS unit may transmit tones to make contact or to continue communications with a particular FRS unit. If the tone is audible (more than 300 Hertz), it must last no longer than 15 seconds at one time. If the tone is subaudible (300 Hertz or less), it may be transmitted continuously only while you are talking.
(c) You must not use an FRS unit in connection with any activity which is against federal, state or local law.
(d) You must, at all times and on all channels, give priority to emergency communication messages concerning the immediate safety of life or the immediate protection of property.
(e) No FRS unit may be interconnected to the public switched network.
(a) You may only use an FCC certified FRS unit. (You can identify an FCC certified FRS unit by the label placed on it by the manufacturer.)
(b) You must not make, or have made, any internal modification to an FRS unit. Any internal modification cancels the FCC certification and voids your authority to operate the unit in the FRS.
(c) You may not attach any antenna, power amplifier, or other apparatus to an FRS unit that has not been FCC certified as part of that FRS unit. There are no exceptions to this rule and attaching any such apparatus to a FRS unit cancels the FCC certification and voids everyone's authority to operate the unit in the FRS.
The R/C Service is a private, one-way, short distance non-voice communications service for the operation of devices at remote locations.
(a) You must comply with rules (see R/C Rule 18, § 95.218, for the penalties for violations) when you operate a station in the R/C service from:
(1) Within or over the territorial limits of places where radio services are regulated by the FCC (see R/C Rule 5, § 95.205);
(2) Aboard any vessel or aircraft registered in the United States; or
(3) Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company.
(b) Your R/C station must comply with technical rules found in subpart E of part 95.
(c) Where the rules use the word “you”, “you” means a person operating an R/C station.
(d) Where the rules use the word “person,” the rules are concerned with an individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity.
(e) Where the rules use the term “FCC,” that means the Federal Communications Commission.
(f) Where the rules use the term “R/C station,” that means a radio station transmitting in the R/C Radio Service.
You are authorized to operate an R/C station unless:
(a) You are a foreign government, a representative of a foreign government, or a federal government agency; or
(b) The FCC has issued a cease and desist order to you, and the order is still in effect.
You do not need an individual license to operate an R/C station. You are authorized by this rule to operate your R/C station in accordance with the rules in this subpart.
You are authorized to operate your R/C station from:
(a) Within or over any area of the world where radio services are regulated by the FCC. Those areas are within the territorial limits of:
(1) The fifty United States
(2) The District of Columbia
(3) Commonwealth of Puerto Rico
(4) Navassa Island
(5) United States Virgin Islands (50 islets and cays)
(6) American Samoa (seven islands)
(7) Baker Island
(8) Commonwealth of Northern Mariana Islands
(9) Guam Island
(10) Howland Island
(11) Jarvis Island
(12) Johnston Island (Islets East, Johnston, North and Sand)
(13) Kingman Reef
(14) Midway Island (Islets Eastern and Sand)
(15) Palmyra Island (more than 50 islets)
(16) Wake Island (Islets Peale, Wake and Wilkes)
(b) Any other area of the world, except within the territorial limits of areas where radio services are regulated by—
(1) An agency of the United States other than the FCC. (You are subject to its rules.)
(2) Any foreign government. (You are subject to its rules.)
(c) An aircraft or ship, with the permission of the captain, within or over any area of the world where radio services are regulated by the FCC or upon or over international waters. You must operate your R/C station according to any applicable treaty to which the United States is a party.
(a) If your R/C station is located on premises controlled by the Department of Defense, you may be required to comply with additional regulations imposed by the commanding officer of the installation.
(b) If your R/C station will be constructed on an environmental sensitive site, or will be operated in such a manner as to raise environmental problems, under § 1.1307 of this chapter, you must provide an environmental assessment, as set forth in § 1.1311 of this chapter, and undergo environmental review § 1.1312 of this chapter, before commencement of construction.
(c) Anyone intending to operate an R/C station on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose an interference threat to the Arecibo Observatory shall notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically, of the location of the unit. Operators may wish to
(1) The notification to the Interference Office, Arecibo Observatory shall be made 45 days prior to commencing operation of the unit. The notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections. The operator will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory. If the Commission determines that an operator has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, the unit may be allowed to operate.
(a) Your R/C station may transmit only on the following channels (frequencies):
(1) The following channels may be used to operate any kind of device (any object or apparatus, except an R/C transmitter), including a model aircraft device (any small imitation of an aircraft) or a model surface craft device (any small imitation of a boat, car or vehicle for carrying people or objects, except aircraft): 26.995, 27.045, 27.095, 27.145, 27.195 and 27.255 MHz.
(2) The following channels may only be used to operate a model aircraft device:
(3) The following channels may only be used to operate a model surface craft devices:
(b) You must share the channels with other R/C stations. You must cooperate in the selection and use of the channels. You must share the Channel 27.255 MHz with stations in other radio services. There is no protection from interference on any of these channels.
(c) Your R/C station may not transmit simultaneously on more than one channel in the 72-76 MHz band when your operation would cause harmful interference to the operation of other
(d) Your R/C station must stop transmitting if it interferes with:
(1) Authorized radio operations in the 72-76 MHz band; or
(2) Television reception on TV Channels 4 or 5.
(e) [Reserved]
(f) Stations in the 26-27 MHz range are not afforded any protection from interference caused by the operation of industrial, scientific of medical devices. Such stations also operate on a
(g) Stations in the 72-76 MHz range are subject to the condition that inteference will not be caused to the remote control of industrial equipment operating on the same or adjacent frequencies or to the reception of television transmissions on Channels 4 and 5. These frequencies are not afforded any protection from interference due to the operation of fixed and mobile stations in other services assigned to the same or adjacent frequencies.
(a)
(b) If your antenna is mounted on a hand-held portable unit, none of the following limitations apply.
(c) If your antenna is installed at a fixed location, it (whether receiving, transmitting or both) must comply with either one of the following:
(1) The highest point must not be more than 6.10 meters (20 feet) higher than the highest point of the building or tree on which it is mounted; or
(2) The highest point must not be more than 18.3 meters (60 feet) above the ground.
(d) If your R/C station is located near an airport, and if you antenna structure is more than 6.1 meters (20 feet) high, your may have to obey additional restrictions. The highest point of your antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between your antenna and the airport runway may complicate this formula. If your R/C station is near an airport, you may contact the nearest FCC field office for a worksheet to help you figure the maximum allowable height of your antenna. Consult part 17 of the FCC's Rules for more information.
Installation and removal of R/C station antennas near powerlines is dangerous. For your safety, follow the installation directions included with your antenna.
(a) Your R/C station may transmit only with:
(1) An FCC certificated R/C transmitter (certificated means the FCC has determined that certain radio equipment is capable of meeting recommended standards for operation); or
(2) A non-certificated R/C transmitter on Channels 26.995-27.255 MHz if it complies with the technical standards (see part 95, subpart E).
(3) Use of a transmitter outside of the band 26.955-27.255 MHz which is not certificated voids your authority to operate the station. Use of a transmitter in the band 26.995-27.255 MHz which does not comply with the technical standards voids your authority to operate the station.
(b) You may examine a list of certificated transmitters at any FCC field office.
(c) Your R/C station may transmit with a transmitter assembled from a kit.
(d) You must not make, or have made, any internal modification to a certificated transmitter. (See R/C Rule 22.) Any internal modification to a certificated transmitter cancels the certification, and use of such a transmitter voids your authority to operate the station.
(a) Your R/C station transmitter power output must not exceed the following value under any conditions:
(b) Use of a transmitter which has power output in excess of that authorized voids your authority to operate the station.
(a) You may only use your R/C station to transmit one-way communications. (One-way communications are transmissions which are not intended to establish communications with another station.)
(b) You may only use your R/C station for the following purposes:
(1) The operator turns on and/or off a device at a remote location (Refer to Diagram 1); or
(2) A sensor at a remote location turns on and/off an indicating device for the operator. (Refer to Diagram 2). Only Channels 26.995 to 27.255 MHz (see R/C Rule 7, § 95.207(a)(1)) may be used for this purpose. (A remote location means a place distant from the operator.)
(c) Your R/C station may transmit any appropriate non-voice emission.
You must not use an R/C station—
(a) In connection with any activity which is against federal, state or local law;
(b) To transmit any message other than for operation of devices at remote locations (no voice, telegraphy, etc.);
(c) To intentionally interfere with another station's transmissions;
(d) To operate another R/C transmitter by remote control (See R/C Rule 17, § 95.217); or
(e) To transmit two-way communications.
(f) To transmit data. Tone or other signal encoding, however, is not considered to be data when only used either for the purpose of identifying the specific device among multiple devices that the operator intends to turn on/off, or the specific sensor among multiple sensors intended to turn on/off indicating device for the operator.
(a) You may not accept direct or indirect payment for transmitting with an R/C station.
(b) You may use an R/C station to help you provide a service, and be paid for that service, as long as you are paid only for the service and not for the actual use of the R/C station.
You are responsible for all communications which are made by you from an R/C station.
(a) You must limit your R/C communications to the minimum practical time.
(b) The only time your R/C communications may be a continuous signal for more than 3 minutes is when operation of the device requires at least one or more changes during each minute of the communications.
(c) Your R/C station may transmit a continuous signal without modulation only if:
(1) You are using it to operate a model aircraft device; and
(2) The presence or absence of the signal operates the device.
(d) If you show that you need a continuous signal to insure the immediate safety of life of property, the FCC may make an exception to the limitations in this rule.
You need not identify your R/C communications.
(a) You may not operate an R/C transmitter by radio remote control. (See R/C Rule 12, § 95.212.)
(b) You may operate an R/C transmitter by wireline remote control if you obtain specific approval in writing from the FCC. To obtain FCC approval, you must show why you need to operate your station by wireline remote control. If you receive FCC approval, you must keep the approval as part of your station records.
(c) Remote control means operation of an R/C transmitter from any place other than the location of the R/C transmitter. Direct mechanical control or direct electrical control by wire from some point on the same premises, craft or vehicles as the R/C transmitter is not considered remote control.
(a) If the FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC Rules, you may have to pay as much as $10,000 for each violation, up to a total of $75,000. (See Section 503(b) of the Communications Act.)
(b) If the FCC finds that you have violated any section of the Communications Act or the FCC Rules, you may be ordered to stop whatever action caused the violation. (See section 312(b) of the Communications Act.)
(c) If a federal court finds that you have willfully and knowingly violated any FCC Rule, you may be fined up to $500 for each day you committed the violation. (See section 502 of the Communications Act.)
(d) If a Federal court finds that you have willfully and knowingly violated any provision of the Communications Act, you may be fined up to $10,000, or you may be imprisoned for one year, or both. (See section 501 of the Communications Act.)
(a) If it appears to the FCC that you have violated the Communications Act or FCC rules, the FCC may send you a discrepancy notice.
(b) Within the time period stated in the notice, you must answer with:
(1) A complete written statement about the apparent discrepancy;
(2) A complete written statement about any action you have taken to correct the apparent violation and to prevent it from happening again; and
(3) The name of the person operating at the time of the apparent violation.
(c) If the FCC send you a letter asking you questions about your R/C radio station or its operation, you must answer each of the questions with a complete written statement within the time period stated in the letter.
(d) You must not shorten your answer by references to other communications or notices.
(e) You must send your answer to the FCC office which sent you the notice.
(f) You must keep a copy of your answer in your station records (see R/C Rule 24, § 95.224).
(a) If the FCC tells you that your R/C station is causing interference for technical reasons, you must follow all instructions in the official FCC notice. (This notice may require you to have technical adjustments made to your equipment.)
(b) You must comply with any restricted hours of R/C station operation which may be included in the official FCC notice.
(a) You may adjust an antenna to your R/C transmitter and you may make radio checks. (A radio check means a one-way transmission for a short time in order to test the transmitter.)
(b) You are responsible for the proper operation of the station at all times and are expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. Each internal repair and each internal adjustment to an FCC certificated R/C transmitter (see R/C Rule 9) must be made in accord with the Technical Regulations (see subpart E). The internal repairs or internal adjustments should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services.
(c) Except as provided in paragraph (d) of this section, each internal repair and each internal adjustment of an R/C transmitter in which signals are transmitted must be made using a nonradiating (“dummy”) antenna.
(d) Brief test signals (signals not longer than one minute during any five minute period) using a radiating antenna may be transmitted in order to:
(1) Adjust a transmitter to an antenna;
(2) Detect or measure radiation of energy other than the intended signal; or
(3) Tune a receiver to your R/C transmitter.
(a) You must not make or have anyone else make an internal modification to your R/C transmitter.
(b) Internal modification does not include:
(1) Repair or servicing of an R/C station transmitter (see R/C Rule 21, § 95.221); or
(2) Changing plug-in modules which were certificated as part of your R/C transmitter.
(c) You must not operate an R/C transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies or with illegal power. (See R/C Rules 9 and 10, §§ 95.209 and 95.210.)
(a) If an authorized FCC representative requests to inspect your R/C station, you must make your R/C station and records available for inspection.
(b) An R/C station includes all of the radio equipment you use.
Your station records include the following documents, as applicable:
(a) A copy of each response to an FCC violation notice or an FCC letter. (See R/C Rule 19, § 95.219.)
(b) Each written permission received from the FCC. (See R/C Rule 17.)
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
(c) In writing, to FCC, Attention: R/C, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
The Citizens Band Radio Services are:
(a) The Citizens Band (CB) Radio Service—a private, two-way, short-distance voice communications service for personal or business activities of the general public. The CB Radio Service may also be used for voice paging.
(b) The Family Radio Service (FRS)—a private, two-way, very short-distance voice communications service for facilitating family and group activities. The rules for this service are contained in subpart B of this part.
(c) The Low Power Radio Service (LPRS)—a private, short-distance communication service providing auditory assistance to persons with disabilities, persons who require language translation, and persons in educational settings, health care assistance to the ill, law enforcement tracking services in cooperation with law enforcement, and point-to-point network control communications for Automated Marine Telecommunications System (AMTS) coast stations licensed under part 80 of this chapter. The rules for this service are listed under subpart G of this part. Two-way voice communications are prohibited.
(d) The Medical Implant Communications Service (MICS)—an ultra-low power radio service for the transmission of non-voice data for the purpose of facilitating diagnostic and/or therapeutic functions involving implanted medical devices. The rules for this service are contained in subpart I of this part.
(e) The Wireless Medical Telemetry Service (WMTS)—a private, short distance data communication service for the transmission of patient medical information to a central monitoring location in a hospital or other medical facility. Voice and video communications are prohibited. Waveforms such as electrocardiograms (ECGs) are not considered video. The rules for this
At 65 FR 44008, July 17, 2000, (corrected at 65 FR 53190, Sept. 1, 2000), in § 95.401, paragraph (e) was added, effective Oct. 16, 2000.
(a) You must comply with these rules (See CB Rule 21 § 95.421, for the penalties for violations) when you operate a station in the CB Service from:
(1) Within or over the territorial limits of places where radio services are regulated by the FCC (see CB Rule 5, § 95.405);
(2) Aboard any vessel or aircraft registered in the United States; or
(3) Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company.
(b) Your CB station must comply with technical rules found in subpart E of part 95.
(c) Where the rules use the word “you”, “you” means a person operating a CB station.
(d) Where the rules use the word “person,” the rules are concerned with an individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity.
(e) Where the rules use the term “FCC”, that means the Federal Communications Commission.
(f) Where the rules use the term “CB station”, that means a radio station transmitting in the CB Radio Service.
You are authorized to operate a CB station unless:
(a) You are a foreign government, a representative of a foreign government, or a federal government agency; or
(b) The FCC has issued a cease and desist order to you, and the order is still in effect.
You do not need an individual license to operate a CB station. You are authorized by this rule to operate your CB station in accordance with the rules in this subpart.
You are authorized to operate your CB station from:
(a) Within or over any area of the world where radio services are regulated by the FCC. Those areas are within the territorial limits of:
(1) The fifty United States.
(2) The District of Columbia.
(3) Commonwealth of Puerto Rico.
(4) Navassa Island.
(5) United States Virgin Islands (50 islets and cays).
(6) American Samoa (seven islands).
(7) Baker Island.
(8) Commonwealth of Northern Mariana Islands.
(9) Guam Island.
(10) Howland Island.
(11) Jarvis Island.
(12) Johnston Island (Islets East, Johnston, North and Sand).
(13) Kingman Reef.
(14) Midway Island (Islets Eastern and Sand).
(15) Palmyra Island (more than 50 islets).
(16) Wake Island (Islets Peale, Wake and Wilkes).
(b) Any other area of the world, except within the territorial limits of areas where radio services are regulated by—
(1) An agency of the United States other than the FCC. (You are subject to its rules.)
(2) Any foreign government. (You are subject to its rules.)
(c) An aircraft or ship, with the permission of the captain, within or over any area of the world where radio services are regulated by the FCC or upon or over international waters. You must operate your CB station according to
(d) Anyone intending to operate a CB station on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose an interference threat to the Arecibo Observatory shall notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically, of the location of the unit. Operators may wish to consult interference guidelines, which will be provided by Cornell University. Operators who choose to transmit information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory shall be made 45 days prior to commencing operation of the unit. The notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections. The operator will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory. If the Commission determines that an operator has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, the unit may be allowed to operate.
(a) If your CB station is located on premises controlled by the Department of Defense you may be required to comply with additional regulations imposed by the commanding officer of the installation.
(b) If your C/B station will be constructed on an environmentally sensitive site, or will be operated in such a manner as to raise environmental problems, under § 1.1307 of this chapter, you must provide an environmental assessment, as set forth in § 1.1311 of this chapter, and undergo the environmental review, § 1.1312 of this chapter, before commencement of construction.
(a) Your CB station may transmit only on the following channels (frequencies):
(b) Channel 9 may be used only for emergency communications or for traveler assistance.
(c) You must, at all times and on all channels, give priority to emergency communication messages concerning the immediate safety of life or the immediate protection of property.
(d) You may use any channel for emergency communications or for traveler assistance.
(e) You must share each channel with other users.
(f) The FCC will not assign any channel for the private or exclusive use of any particular CB station or group of stations.
(g) The FCC will not assign any channel for the private of exclusive use of CB stations transmitting single sideband or AM.
(a)
(b) If your antenna is mounted on a hand-held portable unit, none of the following limitations apply.
(c) If your antenna is installed at a fixed location, it (whether receiving, transmitting or both) must comply with either one of the following:
(1) The highest point must not be more than 6.10 meters (20 feet) higher than the highest point of the building or tree on which it is mounted; or
(2) The highest point must not be more than 18.3 meters (60 feet) above the ground.
(d) If your CB station is located near an airport, and if you antenna structure is more than 6.1 meters (20 feet) high, you may have to obey additional restrictions. The highest point of your antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between your antenna and the airport runway may complicate this formula. If your CB station is near an airport, you may contact the nearest FCC field office for a worksheet to help you figure the maximum allowable height of your antenna. Consult part 17 of the FCC's Rules for more information.
Installation and removal of CB station antennas near powerlines is dangerous. For your safety, follow the installation directions included with your antenna.
(a) You must use an FCC certificated CB transmitter at your CB station. You can identify an FCC certificated transmitter by the certification label placed on it by the manufacturer. You may examine a list of certificated equipment at any FCC Field Office or at FCC Headquarters. Use of a transmitter which is not FCC certificated voids your authority to operate the station.
(b) You must not make, or have made, any internal modification to a certificated CB transmitter. (See CB Rule 25, § 95.425). Any internal modification to a certificated CB transmitter cancels the certification, and use of such a transmitter voids your authority to operate the station.
(a) Your CB station transmitter power output must not exceed the following values under any conditions:
AM (A3)—4 watts (carrier power) SSB—12 watts (peak envelope power)
(b) If you need more information about the power rule, see the technical rules in subpart E of part 95.
(c) Use of a transmitter which has carrier or peak envelope power in excess of that authorized voids your authority to operate the station.
(a) You may not attach the following items (power amplifiers) to your certificated CB transmitter in any way:
(1) External radio frequency (RF) power amplifiers (sometimes called linears or linear amplifiers); or
(2) Any other devices which, when used with a radio transmitter as a signal source, are capable of amplifying the signal.
(b) There are no exceptions to this rule and use of a power amplifier voids your authority to operate the station.
(c) The FCC will presume you have used a linear or other external RF power amplifier if—
(1) It is in your possession or on your premises; and
(2) There is other evidence that you have operated your CB station with more power than allowed by CB Rule 10, § 95.410.
(d) Paragraph (c) of this section does not apply if you hold a license in another radio service which allows you to operate an external RF power amplifier.
(a) You may use your CB station to transmit two-way plain language communications. Two-way plain language communications are communications without codes or coded messages. Operating signals such as “ten codes” are not considered codes or coded messages. You may transmit two-way plain language communications only to other CB stations, to units of your own CB station or to authorized government stations on CB frequencies about—
(1) Your personal or business activities or those of members of your immediate family living in your household;
(2) Emergencies (see CB Rule 18, § 95.418);
(3) Traveler assistance (see CB Rule 18, § 95.418); or
(4) Civil defense activities in connection with official tests or drills conducted by, or actual emergencies announced by, the civil defense agency with authority over the area in which your station is located.
(b) You may use your CB station to transmit a tone signal only when the signal is used to make contact or to continue communications. (Examples of circuits using these signals are tone operated squelch and selective calling circuits.) If the signal is an audible tone, it must last no longer than 15 seconds at one time. If the signal is a subaudible tone, it may be transmitted continuously only as long as you are talking.
(c) You may use your CB station to transmit one-way communications (messages which are not intended to establish communications between two or more particular CB stations) only for emergency communications, traveler assistance, brief tests (radio checks) or voice paging.
(a) You must not use a CB station—
(1) In connection with any activity which is against federal, state or local law;
(2) To transmit obscence, indecent or profane words, language or meaning;
(3) To interfere intentionally with the communications of another CB station;
(4) To transmit one-way communications, except for emergency communications, traveler assistance, brief tests (radio checks), or voice paging;
(5) To advertise or solicit the sale of any goods or services;
(6) To transmit music, whistling, sound effects or any material to amuse or entertain;
(7) To transmit any sound effect solely to attract attention;
(8) To transmit the word “MAYDAY” or any other international distress signal, except when your station is located in a ship, aircraft or other vehicle which is threatened by grave and imminent danger and your are requesting immediate assistance;
(9) To communicate with, or attempt to communicate with, any CB station more than 250 kilometers (155.3 miles) away;
(10) To advertise a political candidate or political campaign; (you may use your CB radio for the business or organizational aspects of a campaign, if you follow all other applicable rules);
(11) To communicate with stations in other countries, except General Radio Service stations in Canada; or
(12) To transmit a false or deceptive communication.
(b) You must not use a CB station to transmit communications for live or delayed rebroadcast on a radio or television broadcast station. You may use your CB station to gather news items or to prepare programs.
(a) You may not accept direct or indirect payment for transmitting with a CB station.
(b) You may use a CB station to help you provide a service, and be paid for that service, as long as you are paid only for the service and not for the actual use of the CB station.
You are responsible for all communications which are made by you from a CB station.
(a) You must limit your CB communications to the minimum practical time.
(b) If you are communicating with another CB station or stations, you, and the stations communicating with you, must limit each of your conversations to no more than five continuous minutes.
(c) At the end of your conversation, you, and the stations communicating with you, must not transmit again for at least one minute.
(a) You need not identify your CB communications.
(b) [You are encouraged to identify your CB communications by any of the following means:
(1) Previously assigned CB call sign;
(2) K prefix followed by operator initials and residence zip code;
(3) Name; or
(4) Organizational description including name and any applicable operator unit number.]
(c) [You are encouraged to use your “handle” only in conjuction with the methods of identification listed in paragraph (b) of this section.]
(a) You must at all times and on all channels, give priority to emergency communications.
(b) When you are directly participating in emergency communications, you do not have to comply with the rule about length of transmissions (CB Rule 16, § 95.416). You must obey all other rules.
(c) You may use your CB station for communications necessary to assist a traveler to reach a destination or to receive necessary services. When you are using your CB station to assist a traveler, you do not have to obey the rule about length of transmissions (CB Rule 16, § 95.416). You must obey all other rules.
(d) You may use your CB station to transmit one-way communications concerning highway conditions to assist travelers.
(a) You may not operate a CB station transmitter by radio remote control.
(b) You may operate a CB transmitter by wireline remote control if you obtain specific approval in writing from the FCC. To obtain FCC approval, you must show why you need to operate your station by wireline remote control. If you receive FCC approval, you must keep the approval as part of your station records.
(c) Remote control means operation of a CB transmitter from any place other than the location of the CB transmitter. Direct mechanical control or direct electrical control by wire from some point on the same premises, craft or vehicle as the CB transmitter is not considered remote control.
(a) You may connect your CB station transmitter to a telephone if you comply with all of the following:
(1) You or someone else must be present at your CB station and must—
(i) Manually make the connection (the connection must not be made by remote control);
(ii) Supervise the operation of the transmitter during the connection;
(iii) Listen to each communication during the connection; and
(iv) Stop all communications if there are operations in violation of these rules.
(2) Each communication during the telephone connection must comply with all of these rules.
(3) You must obey any restriction that the telephone company places on the connection of a CB transmitter to a telephone.
(b) The CB transmitter you connect to a telephone must not be shared with any other CB station.
(c) If you connect your CB transmitter to a telephone, you must use a phone patch device with has been registered with the FCC.
(a) If the FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC Rules, you may have to pay as much as $10,000 for each violation, up to a total of $75,000. (See section 503(b) of the Communications Act.)
(b) If the FCC finds that you have violated any section of the Communications Act or the FCC Rules, you may be ordered to stop whatever action caused the violation. (See section 312(b) of the Communications Act.)
(c) If a Federal court finds that you have willfully and knowingly violated any FCC Rule, you may be fined up to $500 for each day you committed the violation. (See section 502 of the Communications Act.)
(d) If a Federal court finds that you have willfully and knowingly violated any provision of the Communications Act, you may be fined up to $10,000 or you may be imprisoned for one year, or both. (See section 501 of the Communications Act.)
(a) If it appears to the FCC that you have violated the Communications Act or these rules, the FCC may send you a discrepancy notice.
(b) Within the time period stated in the notice, you must answer with:
(1) A complete written statement about the apparent discrepancy;
(2) A complete written statement about any action you have taken to correct the apparent violation and to prevent it from happening again; and
(3) The name of the person operating at the time of the apparent violation.
(c) If the FCC sends you a letter asking you questions about your CB radio station or its operation, you must answer each of the questions with a complete written statement within the time period stated in the letter.
(d) You must not shorten your answer by references to other communications or notices.
(e) You must send your answer to the FCC office which sent you the notice.
(f) You must keep a copy of your answer in your station records. (See CB Rule 27, § 95.427.)
(a) If the FCC tells you that your CB station is causing interference for technical reasons you must follow all instructions in the official FCC notice. (This notice may require you to have technical adjustments made to your equipment.)
(b) You must comply with any restricted hours of CB station operation which may be included in the official notice.
(a) You may adjust an antenna to your CB transmitter and you may make radio checks. (A radio check means a one way transmission for a short time in order to test the transmitter.)
(b) You are responsible for the proper operation of the station at all times and are expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. You must have all internal repairs or internal adjustments to your CB transmitter made in accordance with the Technical Regulations (see subpart E). The internal repairs or internal adjustments should be performed by or under the immediate
(c) Except as provided in paragraph (d) of this section, each internal repair and each internal adjustment of a CB transmitter in which signals are transmitted must be made using a nonradiating (“dummy”) antenna.
(d) Brief test signals (signals not longer than one minute during any five minute period) using a radiating antenna may be transmitted in order to:
(1) Adjust an antenna to a transmitter;
(2) Detect or measure radiation of energy other than the intended signal; or
(3) Tune a receiver to your CB transmitter.
(a) You must not make or have any one else make any internal modification to your CB transmitter.
(b) Internal modification does not include:
(1) Repair or servicing of a CB station transmitter (see CB Rule 24, § 95.424); or
(2) Changing plug-in modules which were certificated as part of your CB transmitter.
(c) You must not operate a CB transmitter which has been modified by anyone in any way, including modification to operate on unauthorized frequencies or with illegal power. (See CB Rules 9 and 11, §§ 95.409 and 95.411.)
(a) If an authorized FCC representative requests to inspect your CB station, you must make your CB station and records available for inspection.
(b) A CB station includes all of the radio equipment you use.
Your station records include the following documents, as applicable.
(a) A copy of each response to an FCC violation notice or an FCC letter. (See CB Rule 22, § 95.422.)
(b) Each written permission received from the FCC. (See CB Rule 19, § 95.419.)
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
(c) In writing, to FCC, Attention: CB, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
This section provides the technical standards to which each
At 65 FR 44008, July 17, 2000, in § 95.601, the last sentence was revised, effective Oct. 16, 2000. For the convenience of the reader, the superseded text is set forth below:
* * * The Personal Radio Services are the GMRS (General Mobile Radio Service)—subpart A, the Family Radio Service (FRS)—subpart B, the R/C (Radio Control Radio Service)—subpart C, the CB (Citizens Band Radio Service)—subpart D, the Low Power Radio Service (LPRS)—subpart G, and the Medical Implant Communications Service (MICS)—subpart I.
(a) Each
(b) Each
(c) Each
(d) Each FRS unit (a transmitter that operates or is intended to operate in the FRS) must be certified for use in the FRS in accordance with Subpart J of Part 2 of this chapter.
(e) Each Low Power Radio Service transmitter (a transmitter that operates or is intended to operate in the LPRS) must be certificated.
(f) Each Medical Implant Communications Service transmitter (a transmittethat operates or is intended to operate in the MICS) must be certificated except for medical implant transmitters that are not marketed for use in the United States, but which otherwise comply with the MICS technical requirements and are operated in the United States by individuals who have traveled to the United States from abroad. Medical implant transmitters (as defined in appendix 1 to subpart E of part 95 of this chapter) are subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307 and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of devices operating under this section must contain a finite difference time domain (FDTD) computational modeling report showing compliance with these provisions for fundamental emissions. The Commission retains the discretion to request the submission of specific absorption rate measurement data.
Any entity may request certification for its transmitter when the transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or MICS following the procedures in part 2 of this chapter. Medical implant transmitters shall be tested for emissions and EIRP limit compliance while enclosed in a medium that simulates human body tissue in accordance with the procedures in § 95.639(g). Frequency stability testing for MICS transmitters shall be performed over the temperature range set forth in § 95.628.
Only the holder of the grant of authorization of the particular certificated CB transmitter may make the modifications permitted under the provisions for certification (see part 2 of this chapter.) No grantee shall make any of the following modifications to the transmitter without prior written permission from the
(a) The addition of any accessory or device not specified in the application for certification and authorized by the FCC in granting the certification;
(b) The addition of any switch, control or external connection;
(c) Any modification to provide for additional transmitting frequencies, increased modulation level, a different form of modulation, or increased
(a) The GMRS transmitter
Certain GMRS transmitter channel frequencies are authorized only for certain station classes and station locations.
(b) Each GMRS transmitter for mobile station, small base station and control station operation must be maintained within a frequency tolerance of 0.0005%. Each GMRS transmitter for base station (except small base), mobile relay station or fixed station operation must be maintained within a frequency tolerance of 0.00025%.
(a) The R/C transmitter channel frequencies are:
Certain R/C transmitter channel frequencies are authorized to operate only certain kinds of devices (see part 95, subpart C.)
(b) Each R/C transmitter that transmits in the 26-27 MHz frequency band with a mean TP of 2.5 W or less and that is used solely by the operator to turn on and/or off a device at a remote location, other than a device used solely to attract attention, must be maintained within a fequency tolerance of 0.01%. All other R/C transmitters that transmit in the 26-27 MHz frequency band must be maintained within a frequency tolerance of 0.005%. Except as noted in paragraph (c) of this section, R/C transmitters capable of operation in the 72-76 MHz band must be maintained within a frequency tolerance of 0.005%.
(c) All R/C transmitters capable of operation in the 72-76 MHz band that are manufactured in or imported into the United States, on or after March 1, 1992, or are marketed on or after March 1, 1993, must be maintained within a
(a) The CB transmitter channel frequencies are:
(b) Each CB transmitter must be maintained within a frequency tolerance of 0.005%.
(a) The FRS unit channel frequencies are:
(b) Each FRS unit must be maintained within a frequency tolerance of 0.00025%.
(a)
(1) The monitoring system bandwidth measured at its 20 dB down points must be equal to or greater than the emission bandwidth of the intended transmission.
(2) Within 5 seconds prior to initiating a communications session, circuitry associated with a medical implant programmer/control transmitter must monitor the channel or channels the MICS system devices intend to occupy for a minimum of 10 milliseconds per channel.
(3) Based on use of an isotropic monitoring system antenna, the monitoring threshold power level must not be more than 10logB(Hz) − 150 (dBm/Hz) + G(dBi) where B is the emission bandwidth of the MICS communication session transmitter having the widest emission and G is the medical implant programmer/control transmitter monitoring system antenna gain relative to an isotropic antenna. For purposes of showing compliance with the above provision, the above calculated threshold power level must be increased or decreased by an amount equal to the monitoring system antenna gain above
(4) If no signal in a MICS channel above the monitoring threshold power level is detected, the medical implant programmer/control transmitter may initiate a MICS communications session involving transmissions to and from a medical implant device on that channel. The MICS communications session may continue as long as any silent period between consecutive data transmission bursts does not exceed 5 seconds. If a channel meeting the criteria in paragraph (a)(3) of this section is unavailable, the channel with the lowest ambient power level may be accessed.
(5) When a channel is selected prior to a MICS communications session, it is permissible to select an alternate channel for use if communications is interrupted, provided that the alternate channel selected is the next best choice using the above criteria. The alternate channel may be accessed in the event a communications session is interrupted by interference. The following criteria must be met:
(i) Before transmitting on the alternate channel, the channel must be monitored for a period of at least 10 milliseconds.
(ii) The detected power level during this 10 millisecond or greater monitoring period must be no higher than 6 dB above the power level detected when the channel was chosen as the alternate channel.
(iii) In the event that this alternate channel provision is not used by the MICS system or if the criteria in (i) and (ii) are not met, a channel must be selected using the access criteria specified in paragraphs (a)(1) through (a)(4) of this section.
(6) As used in this section, the following definitions apply:
(i)
(ii)
(iii)
(b) MICS communications sessions initiated by a medical implant event are not required to use the access criteria set forth in paragraph (a) of this section.
(c) Stations may operate on any of the frequencies in the band 402-405 MHz, provided that the out-of-band emissions are attenuated in accordance with § 95.635.
(d) The authorized bandwidth of the emission from a MICS station shall not exceed 300 kHz, and no communications session involving MICS stations shall use more than a total of 300 kHz of bandwidth during such a session. Note: This provision does not preclude full duplex or half duplex communications provided that the total amount of bandwidth utilized by all of the MICS channels employed in such a MICS communications session does not exceed 300 kHz.
(e) Each transmitter in the MICS service must maintain a frequency stability of +/−100 ppm of the operating frequency over the range:
(1) 25°C to 45°C in the case of medical implant transmitters; and
(2) 0°C to 55°C in the case of medical implant programmer/control transmitters.
(f) The provisions of this section shall not be used to extend the range of spectrum occupied over space or time for the purpose denying fair access to spectrum for other MICS systems.
(a) LPRS transmitters may operate on any frequency listed in paragraphs (b), (c), and (d) of this section. Channels 19, 20, 50, and 151-160 are available exclusively for law enforcement tracking purposes. AMTS transmissions are limited to the 216.750-217.000 MHz band
(b)
(2) LPRS transmitters operating on standard band channels must be maintained within a frequency stability of 50 parts per million.
(c)
(2) LPRS transmitters operating on extra band channels must be maintained within a frequency stability of 50 parts per million.
(d)
(2) LPRS transmitters operating on narrowband channels must be maintained within a frequency stability of 1.5 parts per million.
WMTS transmitters may operate in the frequency bands specified below:
At 65 FR 44008, July 17, 2000, § 95.630 was added, effective Oct. 16, 2000.
(a) A GMRS transmitter must transmit only emission types A1D, F1D, G1D, H1D, J1D, R1D, A3E, F3E, G3E, H3E, J3E or R3E. A non-voice emission is limited to selective calling or tone-operated squelch tones to establish or continue voice communications. See § 95.181 (g) and (h).
(b) An R/C transmitter may transmit any appropriate non-voice emission which meets the emission limitations of § 95.633.
(c) A CB transmitter may transmit only emission types A1D, H1D, J1D, R1D, A3E, H3E, J3E, R3E. A non-voice emission is limited to selective calling or tone-operated squelch tones to establish or continue voice communications. See § 95.412 (b) and (c).
(d) An FRS unit may transmit only emission type F3E. A non-voice emission is limited to selective calling or tone-operated squelch tones to establish or continue voice communications.
(e) No GMRS or CB transmitter shall employ a digital modulation or emission.
(f) No GMRS, CB or R/C transmitter shall transmit non-voice data.
(g) An LPRS station may transmit any emission type appropriate for communications in this service. Two-way voice communications, however, are prohibited.
(h) A MICS station may transmit any emission type appropriate for communications in this service. Voice communications, however, are prohibited.
(i) A WMTS station may transmit any emission type appropriate for communications in this service, except for video and voice. Waveforms such as electrocardiograms (ECGs) are not considered video.
At 65 FR 44008, July 17, 2000,in § 95.631, corrected at 65 FR 53190, Sept. 1, 2000, paragraph (i) was added, effective Oct. 16, 2000.
(a) The
(b) The authorized bandwidth for any emission type transmitted by an R/C transmitter is 8 kHz.
(c) The authorized bandwidth for emission type F3E transmitted by a FRS unit is 12.5 kHz.
(d) For transmitters in the LPRS:
(1) The authorized bandwidth for narrowband frequencies is 4 kHz and the channel bandwidth is 5 kHz
(2) The channel bandwidth for standard band frequencies is 25 kHz.
(3) The channel bandwidth for extra band frequencies is 50 kHz.
(4) AMTS stations may use the 216.750-217.000 MHz band as a single 250
(e) For transmitters in the MICS:
(1) The maximum authorized emission bandwidth is 300 kHz.
(2) Lesser authorized emission bandwidths may be employed, provided that the unwanted emissions are attenuated as provided in § 95.635 and that the power radiated in any 300 kHz bandwidth does not exceed 25 microwatts EIRP. See §§ 95.605 and 95.639(g) regarding power measurement procedures.
(3) Emission bandwidth will be determined by measuring the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, that are 20 dB down relative to the maximum level of the modulated carrier. Compliance with the emission bandwidth limit is based on the use of measurement instrumentation employing a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement.
(a) In addition to the procedures in part 2, the following requirements apply to each transmitter both with and without the connection of all attachments acceptable for use with the transmitter, such as an external speaker, microphone, power cord, antenna, etc.
(b) The power of each unwanted emission shall be less than TP as specified in the applicable paragraphs listed in the following table:
(1) At least 25 dB (decibels) on any frequency removed from the center of the authorized bandwidth by more than 50% up to and including 100% of the authorized bandwidth.
(2) At least 25 dB on any frequency removed from the center of the authorized bandwidth by more than 50% up to and including 150% of the authorized bandwidth.
(3) At least 35 dB on any frequency removed from the center of the authorized bandwidth by more than 100% up to and including 250% of the authorized bandwidth.
(4) At least 35 dB on any frequency removed from the center of the authorized bandwidth by more than 150% up to and including 250% of the authorized bandwidth.
(5) At least 83 log
(6) At least 116 log
(7) At least 43 + 10 log
(8) At least 53 + 10 log
(9) At least 60 dB on any frequency twice or greater than twice the fundamental frequency.
(10) At least 45 dB on any frequency removed from the center of the authorized bandwidth by more than 100% up to and including 125% of the authorized bandwidth.
(11) At least 55 dB on any frequency removed from the center of the authorized bandwidth by more than 125% up to and including 250% of the authorized bandwidth.
(12) At least 56 + 10 log
(c) For transmitters designed to operate in the LPRS, emissions shall be attenuated in accordance with the following:
(1) Emissions for LPRS transmitters operating on standard band channels (25 kHz) shall be attenuated below the unmodulated carrier in accordance with the following:
(i) Emissions 12.5 kHz to 22.5 kHz away from the channel center frequency: at least 30 dB; and
(ii) Emissions more than 22.5 kHz away from the channel center frequency: at least 43 + 10log(carrier power in watts) dB.
(2) Emissions for LPRS transmitters operating on extra band channels (50 kHz) shall be attenuated below the unmodulated carrier in accordance with the following:
(i) Emissions 25 kHz to 35 kHz from the channel center frequency: at least 30 dB; and
(ii) Emissions more than 35 kHz away from the channel center frequency: at least 43 + 10log(carrier power in watts) dB.
(3) Emissions for LPRS transmitters operating on narrowband channels (5 kHz) shall be attenuated below the power (P) of the highest emission, measured in peak values, contained within the authorized bandwidth (4 kHz) in accordance with the following:
(i) On any frequency within the authorized bandwidth: Zero dB;
(ii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f
(iii) On any frequency beyond 3.75 kHz removed from the center of the authorized bandwidth: At least 55 + 10 log(P) dB.
(4) Emissions from AMTS transmitters using a single 250 kHz channel shall be attenuated below the unmodulated carrier in accordance with the following:
(i) Emissions from 125 kHz to 135 kHz away from the channel center frequency; at least 30 dB; and
(ii) Emissions more than 135 kHz away from the channel center frequency; at least 43 + 10log(carrier power in watts) dB.
(d) For transmitters designed to operate in the MICS, emissions shall be attenuated in accordance with the following:
(1) Emissions more than 250 kHz outside of the MICS band (402-405 MHz) shall be attenuated to a level no greater than the following field strength limits:
(2) The emission limits shown in the above table are based on measurements employing a CISPR quasi-peak detector except that above 1 GHz, the limit
(3) The emissions from a MICS transmitter must be measured to at least the tenth harmonic of the highest fundamental frequency designed to be emitted by the transmitter.
(4) Emissions within the MICS band (402-405 MHz) more than 150 kHz away from the center frequency of the spectrum the transmission is intended to occupy, will be attenuated below the transmitter output power by at least 20 dB. Compliance with this limit is based on the use of measurement instrumentation employing a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement.
(5) Emissions 250 kHz or less that are above and below the MICS band (402-405 MHz) will be attenuated below the maximum permitted output power by at least 20 dB. Compliance with this limit is based on the use of measurement instrumentation employing a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement.
(a) A GMRS transmitter that transmits emission types F1D, G1D, or G3E must not exceed a peak frequency deviation of plus or minus 5 kHz. A GMRS transmitter that transmits emission type F3E must not exceed a peak frequency deviation of plus or minus 5 kHz. A FRS unit that transmits emission type F3E must not exceed a peak frequency deviation of plus or minus 2.5 kHz, and the audio frequency response must not exceed 3.125 kHz .
(b) Each GMRS transmitter, except a mobile station transmitter with a power output of 2.5 W or less, must automatically prevent a greater than normal audio level from causing overmodulation. The transmitter also must include audio frequency low pass filtering, unless it complies with the applicable paragraphs of § 95.631 (without filtering.) The filter must be between the modulation limiter and the modulated stage of the transmitter. At any frequency (f in kHz) between 3 and 20 kHz, the filter must have an attenuation of at least 60 log
(c) When emission type A3E is transmitted, the modulation must be greater than 85% but must not exceed 100%. Simultaneous amplitude modulation and frequency or phase modulation of a transmitter are not permitted.
(d) When emission type A3E is transmitted by a CB transmitter having a TP of greater than 2.5 W, the CB transmitter must automatically prevent the modulation from exceeding 100%.
(e) Each CB transmitter that transmits emission type H3E, J3E or R3E must be capable of transmitting the upper sideband. The capability of also transmitting the lower sideband is permitted.
(a) No GMRS transmitter, under any condition of modulation, shall exceed:
(1) 50 W
(2) 50 W peak envelope TP when transmitting emission type H1D, J1D, R1D, H3E, J3E or R3E.
(b) No R/C transmitter, under any condition of modulation, shall exceed a carrier power or peak envelope TP (single-sideband only) of:
(1) 4 W in the 26-27 MHz frequency band, except on channel frequency 27.255 MHz;
(2) 25 W on channel frequency 27.255 MHz;
(3) 0.75 W in the 72-76 MHz frequency band.
(c) No CB transmitter, under any condition of modulation, shall exceed:
(1) 4 W Carrier power when transmitting emission type A1D or A3E;
(2) 12 W peak envelope TP when transmitting emission type H1D, J1D, R1D, H3E, J3E or R3E. Each CB transmitter which transmits emission type H3E, J3E or R3E must automatically prevent the TP from exceeding 12 W peak envelope TP or the manufacturer's rated peak envelope TP, whichever is less.
(d) No FRS unit, under any condition of modulation, shall exceed 0.500 W effective radiated power (ERP).
(e) The maximum transmitter output power authorized for LPRS stations is 100 mW.
(f) In the MICS the following limits apply:
(1) The maximum EIRP for MICS transmitter stations is 25 microwatts. The antenna associated with any MICS transmitter must be supplied with the transmitter and shall be considered part of the transmitter subject to equipment authorization. Compliance of any MICS transmitter with the 25 microwatts EIRP limit may be determined by measuring the radiated field from the equipment under test at 3 meters and calculating the EIRP. The equivalent radiated field strength at 3 meters for 25 microwatts EIRP is 18.2 mV/meter when measured on an open area test site, or 9.1 mV/meter when measured on a test site equivalent to free space such as a fully anechoic test chamber. In either case, compliance is based on measurements using a peak detector function and measured over an interval of time when transmission is continuous and at its maximum power level. In lieu of using a peak detector function, instrumentation techniques set forth in ANSI C63.17-1998, Section 6.1.2.2.1 or Section 6.1.2.2.2 may be used in determining compliance with the above specifications.
(2) For a transmitter intended to be implanted in a human body, the following test fixture must be used to simulate operation of the implant under actual operating conditions. See § 95.605.
(i) For measurement purposes to determine compliance with emission limits, the radiating characteristics of an implant transmitter placed in a test fixture should approximate those of an implant transmitter placed in a human body. An appropriate human torso simulator for testing medical implant transmitters consists of a cylindrical Plexiglas container with a size of 30 cm by 76 cm with a sidewall thickness of 0.635 cm. It must be completely filled with a material that is sufficiently fluidic that it will flow around the implant without any voids. The dielectric and conductivity properties of this material must match the dielectric and conductivity properties of human muscle tissue at 403.5 MHz. All emissions measurements will be made using the above specification at a nominal temperature of 20-25°C. Simple saline solutions do not meet the above criteria. A mounting grid for the implant inside the container must be provided that permits the radiating element or elements of the implant to be positioned vertically and horizontally. The grid should also support any additional implant leads associated with the therapeutic function in a fixed repeatable manner. The implant must be mounted 6 cm from the sidewall and centered vertically within the container. The above fixture shall be placed on a turntable such that the implant transmitter will be located at a nominal 1.5-meter height above ground and at a 3-meter distance from the measurement antenna. Radiated emissions measurements shall then be performed to insure compliance with the applicable technical specifications.
(ii) A formula for a suitable tissue substitute material is defined in the paper “Simulated Biological Materials for Electromagnetic Radiation Absorption Studies” by G. Hartsgrove, A. Kraszewski, and A. Surowiec as published in “Bioelectromagnetics 8:29-36 (1987)”.
(3) The power radiated in any 300 kHz bandwidth shall not exceed 25 microwatts EIRP. See §§ 95.633(e) and 95.639(g).
(g) The maximum field strength authorized for WMTS stations in the 608-614 MHz band is 200 mV/m, measured at 3 meters. For stations in the 1395-1400
At 65 FR 44008, July 17, 2000, and corrected at 65 FR 53190, Sept. 1, 2000, in § 95.639, paragraph (g) was added, effective Oct. 16, 2000.
(a) No control, switch or other type of adjustment which, when manipulated, can result in a violation of the rules shall be accessible from the transmitter operating panel or from exterior of the transmitter enclosure.
(b) An R/C transmitter which incorporates plug-in frequency determining modules which are changed by the user must be certificated with the modules. Each module must contain all of the frequency determining circuitry including the oscillator. Plug-in crystals are not considered modules and must not be accessible to the user.
The antenna of each FRS unit, and the antenna of each R/C station transmitting in the 72-76 MHz band, must be an integral part of the transmitter. The antenna must have no gain (as compared to a half-wave dipole) and must be vertically polarized.
No CB, R/C, LPRS, FRS, MICS or WMTS unit shall incorporate provisions for increasing its transmitter power to any level in excess of the limits specified in § 95.639.
At 65 FR 44008, July 17, 2000, § 95.649 was revised, effective Oct. 16, 2000. For the convenience of the reader the superseded text is set forth below:
No FRS, R/C, CB, LPRS, or MICS transmitter shall incorporate provisions for increasing its transmitter power to any level in excess of the limits specified in § 95.639.
All transmitters used in the Personal Radio Services must be crystal controlled, except an R/C station that transmits in the 26-27 MHz frequency band, a FRS unit, a LPRS unit, a MICS transmitter, or a WMTS unit.
At 65 FR 44008, July 17, 2000, § 95.651 was revised, effective Oct. 16, 2000. For the convenience of the reader, the superseded text is set forth as follows:
All transmitters used in the Personal Radio Services must be crystal controlled, except an R/C station that transmits in the 26-27 MHz frequency band, a FRS unit, a LPRS unit, or a MICS transmitter.
(a) A user's instruction manual must be supplied with each transmitter marketed, and one copy (a draft or preliminary copy is acceptable provided a final copy is provided when completed) must be forwarded to the FCC with each request for certification.
(b) The instruction manual must contain all information necessary for the proper installation and operation of the transmitter including:
(1) Instructions concerning all controls, adjustments and switches that may be operated or adjusted without resulting in a violation of the rules.
(2) Warnings concerning any adjustment that could result in a violation of the rules or that is recommended to be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users of those services.
(3) Warnings concerning the replacement of any transmitter component (crystal, semiconductor, etc.) that could result in a violation of the rules.
(4) For a CMRS transmitter, warnings concerning licensing requirements and information concerning license application procedures.
(a) No transmitter will be certificated for use in the CB service if it is equipped with a frequency capability not listed in § 95.625, and no transmitter will be certificated for use in the GMRS if it is equipped with a frequency capability not listed in § 95.621, unless such transmitter is also certificated for use in another radio service for which the frequency is authorized and for which certification is also required. (Transmitters with frequency capability for the Amateur Radio Services, Military Affiliate Radio System and Civil Air Patrol will not be certificated.)
(b) All frequency determining circuitry (including crystals) and programming controls in each CB transmitter and in each GMRS transmitter must be internal to the transmitter and must not be accessible from the exterior of the transmitter operating panel or from the exterior of the transmitter enclosure.
(c) No add-on device, whether internal or external, the function of which is to extend the transmitting frequency capability of a CB transmitter beyond its original capability, shall be manufactured, sold or attached to any CB station transmitter.
The dissipation rating of all the semiconductors or electron tubes which supply RF power to the antenna terminals of each CB transmitter must not exceed 10 W. For semiconductors, the dissipation rating is the greater of the collector or device dissipation value established by the manufacturer of the semiconductor. These values may be temperature de-rated by no more than 50 °C. For an electron tube, the dissipation rating is the Intermittent Commercial and Amateur Service plate dissipation value established by the manufacturer of the electron tube.
(a) Only the following external transmitter controls, connections or devices will normally be permitted in a CB transmitter:
(1) Primary power connection. (Circuitry or devices such as rectifiers, transformers, or inverters which provide the nominal rated transmitter primary supply voltage may be used without voiding the transmitter certification.)
(2) Microphone connection.
(3) Antenna terminals.
(4) Audio frequency power amplifier output connector and selector switch.
(5) On-off switch for primary power to transmitter. This switch may be combined with receiver controls such as the receiver on-off switch and volume control.
(6) Upper/lower sideband selector switch (for a transmitter that transmits emission type H3E, J3E or R3E).
(7) Carrier level selector control (for a transmitter that transmits emission type H3E, J3E or R3E.) This control may be combined with the sideband selector switch.
(8) Channel frequency selector switch.
(9) Transmit/receive selector switch.
(10) Meter(s) and selector switch(es) for monitoring transmitter performance.
(11) Pilot lamp(s) or meter(s) to indicate the presence of RF output power or that the transmitter control circuits are activated to transmit.
(b) The FCC may authorize additional controls, connections or devices after considering the functions to be performed by such additions.
The serial number of each CB transmitter must be engraved on the transmitter chassis.
A copy of part 95, subpart D, of the FCC Rules, current at the time of packing of the transmitter, must be furnished with each CB transmitter marketed.
The definitions used in part 95, Subpart E are:
At 65 FR 44008, July 17, 2000, appendix 1 to subpart E of part 95 was amended by adding a definition for “WMTS”, effective Oct. 16, 2000.
This subpart sets out the regulations governing the licensing and operation of a 218-219 MHz system. This subpart
(a) The 218-219 MHz Service is a two-way radio service authorized for system licensees to provide communication service to subscribers in a specific service area.
(b) The components of each 218-219 MHz Service system are its administrative apparatus, its response transmitter units (RTUs), and one or more cell transmitter stations (CTSs). RTUs may be used in any location within the service area.
(c) Each 218-219 MHz Service system service area is one of the cellular system service areas as defined by the Commission.
A 218-219 MHz Service system may provide any fixed or mobile communications service to subscribers within its service area on its assigned spectrum, consistent with the Commission's rules and the regulatory status of the system to provide services on a common carrier or private basis.
(a) Authorizations for systems in the 218-219 MHz Service will be granted to provide services on a common carrier basis or a private basis, or on both a common carrier and private basis in a single authorization.
(1)
(2)
(i) Change the carrier status requested; or
(ii) Add to the pending request in order to obtain both common carrier and private status in a single license.
(3)
(i) change the carrier status authorized; or
(ii) add to the status authorized in order to obtain both common carrier and private status in a single license. Applications to change, or add to, carrier status in a license must be submitted on FCC Form 601 in accordance with § 1.1102 of this chapter.
(4)
(b) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service.
(a) Each 218-219 MHz Service system must be licensed in accordance with part 1, subpart F of this chapter.
(b) A CTS must be individually licensed to the 218-219 MHz Service licensee for the service area in which the CTS is located in accordance with part 1, subpart F of this chapter if it:
(1) Is in the vicinity of certain receiving locations (see § 1.924 of this chapter);
(2) May have significant environmental effect (see part 1, subpart I of this chapter);
(3) Is part of an antenna structure that requires notification to the Federal Aviation Administration (see part 17, subpart B of this chapter); or
(4) Has an antenna the tip of which exceeds:
(i) 6.1 meters (20 feet) above ground level; or
(ii) 6.1 meters (20 feet) above the top of an existing man-made structure (other than an antenna structure) on which it is mounted.
(c) All CTSs not meeting the licensing criteria under paragraph (b) of this
(d) Each component RTU in a 218-219 MHz Service system is authorized under the system license or if associated with an individually licensed CTS, under that CTS license.
(a) The term of each 218-219 MHz Service system license is ten years from the date of original issuance or renewal.
(b) Licenses for individually licensed CTSs will be issued for a period running concurrently with the license of the associated 218-219 MHz Service system with which it is licensed.
(a) An entity is eligible to hold a 218-219 MHz Service system license and its associated individual CTS licenses if:
(1) The entity is an individual who is not a representative of a foreign government; or
(2) The entity is a partnership and no partner is a representative of a foreign government; or
(3) The entity is a corporation organized under the laws of the United States of America; or
(4) The entity is a trust and no beneficiary is a representative of a foreign government.
(b) An entity that loses its 218-219 MHz Service authorization due to failure to meet the construction requirements specified in § 95.833 of this part may not apply for a 218-219 MHz Service system license for three years from the date the Commission takes final action affirming that the 218-219 MHz Service license has been canceled.
(a) In addition to the requirements of part 1, subpart F of this chapter, each application for a 218-219 MHz Service system license must include a plan analyzing the co- and adjacent channel interference potential of the proposed system, identifying methods being used to minimize this interference, and showing how the proposed system will meet the service requirements set forth in § 95.831 of this part. This plan must be updated to reflect changes to the 218-219 MHz Service system design or construction.
(b) In addition to the requirements of part 1, subpart F of this chapter, each request by a 218-219 MHz Service system licensee to add, delete, or modify technical information of an individually licensed CTS (
(a) Mutually exclusive initial applications for 218-219 MHz Service system licenses are subject to competitive bidding procedures. The procedures set forth in part 1, Subpart Q of this chapter will apply unless otherwise provided in this part.
(b)
(c)
(2) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years.
(3) For purposes of determining whether an entity meets either of the definitions set forth in paragraph (b)(1) or (b)(2) of this section, the gross revenues of the entity, its affiliates, and controlling interests shall be considered on a cumulative basis and aggregated.
(4) Where an applicant (or licensee) cannot identify controlling interests under the standards set forth in this section, the gross revenues of all interest holders in the applicant, and their affiliates, will be attributable.
(5) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section (or each of which individually satisfies the definition in paragraph (b)(2) of this section). Where an applicant or licensee is a consortium of small businesses (or very small businesses), the gross revenues of each small business (or very small business) shall not be aggregated.
(d)
(i) The entity constitutes or appoints more than 50 percent of the board of directors or management committee;
(ii) The entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and
(iii) the entity plays an integral role in management decisions.
(2)
(ii) Partnership and other ownership interests and any stock interest equity, or outstanding stock, or outstanding voting stock shall be attributed as specified below.
(iii) Stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and, to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust.
(iv) Non-voting stock shall be attributed as an interest in the issuing entity.
(v) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses.
(vi) Officers and directors of an entity shall be considered to have an attributable interest in the entity. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee or applicant.
(vii) Ownership interests that are held indirectly by any party through one or more intervening corporations
(viii) Any person who manages the operations of an applicant or licensee pursuant to a management agreement shall be considered to have an attributable interest in such applicant or licensee if such person, or its affiliate pursuant to § 1.2110(b)(4) of this chapter, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence:
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(ix) Any licensee or its affiliate who enters into a joint marketing arrangement with an applicant or licensee, or its affiliate, shall be considered to have an attributable interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence:
(A) The nature or types of services offered by such an applicant or licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(e)
(f) Winning bidders in Auction No. 1, which took place on July 28-29, 1994, that, at the time of that auction, met the qualifications under the Commission's rules then in effect, for small business status will receive a twenty-five percent bidding credit pursuant to Amendment of part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service,
(a) A 218-219 MHz Service system license acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), together with all of its component CTS licenses, may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in 47 CFR 1.2111.
(b) A 218-219 MHz Service system license obtained through random selection procedures, together with all of its component CTS licenses, may be transferred, assigned, sold, or given away, to any other entity in accordance with the provisions and procedures set forth in § 1.948 of this chapter.
(c) If the transfer, assignment, sale, or gift of a license is approved, the new licensee is held to the construction requirements set forth in § 95.833 of this part.
(a)
(b)
(2)
(3)
(c)
(2)
(ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire
(iii) The partitionor or disaggregator shall be permitted to continue to pay its
(iv) A default on the partitionor's or disaggregator's payment obligation will affect only the partitionor's or disaggregator's portion of the market.
(3) Parties qualified for installment payment plans.
(i) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligation.
(ii) Each party may be required, as a condition to approval of the partial assignment application, to execute loan documents agreeing to pay its
(iii) A default on an obligation will affect only that portion of the market area held by the defaulting party.
(d)
(2)
(3) All applications requesting partial assignments of license for partitioning or disaggregation must include the above-referenced certification as to which of the construction options is selected.
(4) Responsible parties must submit supporting documents showing compliance with the respective construction requirements within the appropriate construction benchmarks set forth in § 95.833 of this part.
Subject to the initial construction requirements of § 95.833 of this subpart, each 218-219 MHz Service system license must demonstrate that it provides substantial service within the service area. Substantial service is defined as a service that is sound, favorable, and substantially above a level of service which might minimally warrant renewal.
(a) Each 218-219 MHz Service licensee must make a showing of “substantial service” within ten years of the license grant. A “substantial service” assessment will be made at renewal pursuant to the provisions and procedures contained in § 1.949 of this chapter.
(b) Each 218-219 MHz Service licensee must file a report to be submitted to inform the Commission of the service status of its system. The report must be labeled as an exhibit to the renewal application. At minimum, the report must include:
(1) A description of its current service in terms of geographic coverage and population served;
(2) An explanation of its record of expansion, including a timetable of new construction to meet changes in demand for service;
(3) A description of its investments in its 218-219 MHz Service systems;
(4) A list, including addresses, of all component CTSs constructed; and
(5) 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.
(c) Failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license, and will result in the licensee's ineligibility to apply for 218-219 MHz Service licenses for three years from the date the Commission takes final action affirming that the 218-219 MHz Service license has been canceled pursuant to § 95.813 of this part.
No RTU or CTS is required to transmit a station identification announcement.
Upon request by an authorized Commission representative, the 218-219 MHz Service system licensee must make
Each CTS and RTU transmitter must be certificated for use in the 218-219 MHz Service in accordance with subpart J of part 2 of this chapter.
There are two frequency segments available for assignment to the 218-219 MHz Service in each service area. Frequency segment A is 218.000-218.500 MHz. Frequency segment B is 218.501-219.000 MHz.
The effective radiated power (ERP) of each CTS and RTU shall be limited to the minimum necessary for successful communications. No CTS or fixed RTU may transmit with an ERP exceeding 20 watts. No mobile RTU may transmit with an ERP exceeding 4 watts.
(a) All transmissions by each CTS and by each RTU shall use an emission type that complies with the following standard for unnecessary radiation.
(b) All spurious and out-of-band emissions shall be attenuated:
(1) Zero dB on any frequency within the authorized frequency segment.
(2) At least 28 dB on any frequency removed from the midpoint of the assigned frequency segment by more than 250 kHz up to and including 750 kHz;
(3) At least 35 dB on any frequency removed from the midpoint of the assigned frequency segment by more than 750 kHz up to and including 1250 kHz;
(4) At least 43 plus 10 log (base 10) (mean power in watts) dB on any frequency removed from the midpoint of the assigned frequency segment by more than 1250 kHz.
(c) When testing for certification, all measurements of unnecessary radiation are performed using a carrier frequency as close to the edge of the authorized frequency segment as the transmitter is designed to be capable of operating.
(d) The resolution bandwidth of the instrumentation used to measure the emission power shall be 100 Hz for measuring emissions up to and including 250 kHz from the edge of the authorized frequency segment, and 10 kHz for measuring emissions more than 250 kHz from the edge of the authorized frequency segment. If a video filter is used, its bandwidth shall not be less than the resolution bandwidth. The power level of the highest emission within the frequency segment, to which the attenuation is referenced, shall be remeasured for each change in resolution bandwidth.
(a) The overall height from ground to topmost tip of the CTS antenna shall not exceed the height necessary to assure adequate service. Certain CTS antennas must be individually licensed to the 218-219 MHz System licensee (see § 95.811(b) of this part) and the antenna structures of which they are a part must be registered with the Commission (
(b) [Reserved]
(c) The RTU may be connected to an external antenna not more than 6.1 m (20 feet) above ground or above an existing man-made structure (other than an antenna structure). Connectors that are used to connect RTUs to an external antenna shall not be of the types generally known as “F-type” or “BNC type.” Use of an external antenna is subject to § 95.861.
(a) When a 218-219 MHz Service system suffers harmful interference within its service area or causes harmful interference to another 218-219 MHz Service system, the licensees of both systems must cooperate and resolve the problem by mutually satisfactory arrangements. If the licensees are unable
(b) The use of any frequency segment (or portion thereof) at a given geographical location may be denied when, in the judgment of the Commission, its use in that location is not in the public interest; the use of a frequency segment (or portion thereof) specified for the 218-219 MHz Service system may be restricted as to specified geographical areas, maximum power, or other operating conditions.
(c) A 218-219 MHz Service licensee must provide a copy of the plan required by § 95.815(b) of this part to every TV Channel 13 station whose Grade B predicted contour overlaps the licensed service area for the 218-219 MHz Service system. The 218-219 MHz Service licensee must send the plan to the TV Channel 13 licensee(s) within 10 days from the date the 218-219 MHz Service licensee submits the plan to the Commission, and the 218-219 MHz Service licensee must send updates to this plan to the TV Channel 13 licensee(s) within 10 days from the date that such updates are filed with the Commission pursuant to § 95.815(b) of this part.
(d) Each 218-219 MHz Service system licensee must provide upon request, and install free of charge, an interference reduction device to any household within a TV Channel 13 station Grade B predicted contour that experiences interference due to a component CTS or RTU.
(e) Each 218-219 MHz Service system licensee must investigate and eliminate harmful interference to television broadcasting and reception, from its component CTSs and RTSs, within 30 days of the time it is notified in writing, by either an affected television station, an affected viewer, or the Commission, of an interference complaint. Should the licensee fail to eliminate the interference within the 30-day period, the CTS(s) or RTU(s) causing the problem(s) must discontinue operation.
(f) The boundary of the 218-219 MHz Service system, as defined in its authorization, is the limit of interference protection for that 218-219 MHz Service system.
An entity is authorized by rule to operate a LPRS transmitter and is not required to be individually licensed by the FCC if it is not a representative of a foreign government and if it uses the transmitter only in accordance with § 95.1009. Each entity operating a LPRS transmitter for AMTS purposes must hold an AMTS license under part 80 of this chapter.
LPRS operation is authorized:
(a) Anywhere CB station operation is permitted under § 95.405(a); and
(b) Aboard any vessel or aircraft of the United States, with the permission of the captain, while the vessel or aircraft is either travelling domestically or in international waters or airspace.
(c) Anyone intending to operate an LPRS transmitter on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose an interference threat to the Arecibo Observatory shall notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically, of the location of the unit. Operators may wish to consult interference guidelines, which will be provided by Cornell University. Operators who choose to transmit information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory shall be made 45 days prior to commencing operation of the transmitter. The notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow the Arecibo Observatory a period of 20 days for
An LPRS station is not required to transmit a station identification announcement.
All LPRS system apparatus must be made available for inspection upon request by an authorized FCC representative.
LPRS stations may transmit voice, data, or tracking signals as permitted in this section. Two-way voice communications are prohibited.
(a) Auditory assistance communications (including but not limited to applications such as assistive listening devices, audio description for the blind, and simultaneous language translation) for:
(1) Persons with disabilities. In the context of the LPRS, the term “disability” has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)),
(2) Persons who require language translation; or
(3) Persons who may otherwise benefit from auditory assistance communications in educational settings.
(b) Health care related communications for the ill.
(c) Law enforcement tracking signals (for homing or interrogation) including the tracking of persons or stolen goods under authority or agreement with a law enforcement agency (federal, state, or local) having jurisdiction in the area where the transmitters are placed.
(d) AMTS point-to-point network control communications.
(a) The channels authorized to LPRS systems by this part are available on a shared basis only and will not be assigned for the exclusive use of any entity.
(b) Those using LPRS transmitters must cooperate in the selection and use of channels in order to reduce interference and make the most effective use of the authorized facilities. Channels must be selected in an effort to avoid interference to other LPRS transmissions.
(c) Operation is subject to the conditions that no harmful interference is caused to the United States Navy's SPASUR radar system (216.88-217.08 MHz) or to TV reception within the Grade B contour of any TV channel 13 station or within the 68 dBu predicted contour of any low power TV or TV translator station operating on channel 13.
(a) The maximum allowable ERP for a station in the LPRS is 100 mW.
(b) AMTS stations must employ directional antennas.
(c) Antennas used with LPRS units must comply with the following:
(1) For LPRS units operating entirely within an enclosed structure, e.g., a building, there is no limit on antenna height;
(2) For LPRS units not operating entirely within an enclosed structure, the tip of the antenna shall not exceed 30.5 meters (100 feet) above ground. In cases where harmful interference occurs the FCC may require that the antenna height be reduced; and
(3) The height limitation in paragraph (c)(2) of this section does not apply to LPRS units in which the antenna is an integral part of the unit.
(a) Manufacturers of LPRS transmitters used for auditory assistance, health care assistance, and law enforcement tracking purposes must include with each transmitting device the following statement: “This transmitter is authorized by rule under the
(b) Prior to operating a LPRS transmitter for AMTS purposes, an AMTS licensee must notify, in writing, each television station that may be affected by such operations, as defined in § 80.215(h) of this chapter. The notification provided with the station's license application is sufficient to satisfy this requirement if no new television stations would be affected.
(a) Each LPRS transmitting device shall bear the following statement in a conspicuous location on the device: “This device may not interfere with TV reception or federal government radar, and must accept any interference received, including interference that may cause undesired operation.”
(b) Where an LPRS device is constructed in two or more sections connected by wires and marketed together, the statement specified in this section is required to be affixed only to the main control unit.
(c) When the LPRS device is so small or for such use that it is not practicable to place the statement specified in the section on it, the statement must be placed in a prominent location in the instruction manual or pamphlet supplied to the user or, alternatively, shall be placed on the container in which the device is marketed.
Transmitters intended for operation in the LPRS may be marketed and sold only for those uses described in § 95.1009.
At 65 FR 44008, July 17, 2000, subpart H to part 95 was added, effective Oct. 16, 2000.
This part sets out the regulations governing the operation of Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz and 1429-1432 MHz frequency bands.
(a) Authorized health care provider. A physician or other individual authorized under state or federal law to provide health care services, or any other health care facility operated by or employing individuals authorized under state or federal law to provide health care services, or any trained technician operating under the supervision and control of an individual or health care facility authorized under state or federal law to provide health care services.
(b) Health care facility. A health care facility includes hospitals and other establishments that offer services, facilities and beds for use beyond a 24 hour period in rendering medical treatment, and institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments, including government entities and agencies such as Veterans Administration hospitals; except the term health care facility does not include an ambulance or other moving vehicle.
(c) Wireless medical telemetry. The measurement and recording of physiological parameters and other patient-related information via radiated bi-or unidirectional electromagnetic signals in the 608-614 MHz, 1395-1400 MHz, and 1429-1432 MHz frequency bands.
Authorized health care providers are authorized by rule to operate transmitters in the Wireless Medical Telemetry Service without an individual license issued by the Commission provided the coordination requirements in § 95.1111 have been met. Manufacturers of wireless medical telemetry devices and their representatives are authorized to operated wireless medical telemetry transmitters in this service solely for the purpose of demonstrating such equipment to, or installing and maintaining such equipment for, duly authorized health care providers. No entity that is a foreign government or which is active in the capacity as a representative of a foreign government is eligible to operate a WMTS transmitter.
The operation of a wireless medical telemetry transmitter under this part is authorized anywhere within a health care facility provided the facility is located anywhere a CB station operation is permitted under § 95.405. This authority does not extend to mobile vehicles, such as ambulances, even if those vehicles are associated with a health care facility.
(a) Wireless medical telemetry devices operating under this part must be authorized under the certification procedure prior to marketing or use in accordance with the provisions of part 2, subpart J of this chapter.
(b) Each device shall be labeled with the following statement:
Operation of this equipment requires the prior coordination with a frequency coordinator designated by the FCC for the Wireless Medical Telemetry Service.
(a) Prior to operation, authorized health care providers who desire to use wireless medical telemetry devices must register all devices with a designated frequency coordinator. The registration must include the following information:
(1) Specific frequencies or frequency range(s) used;
(2) Modulation scheme used (including occupied bandwidth);
(3) Effective radiated power;
(4) Number of transmitters in use at the health care facility as of the date of registration including manufacturer name(s) and model numbers);
(5) Legal name of the authorized health care provider;
(6) Location of transmitter (coordinates, street address, building);
(7) Point of contact for the authorized health care provider (name, title, office, phone number, fax number, e-mail address).
(b) An authorized health care provider shall notify the frequency coordinator whenever a medical telemetry device is permanently taken out of service, unless the device is replaced with another transmitter utilizing the same technical characteristics as those reported on the effective registration. An authorized health care provider shall maintain the information contained in each registration current in all material respects, and shall notify the frequency coordinator when any change is made in the location or operating parameters previously reported which is material.
(a) The Commission will designate a frequency coordinator(s) to manage the usage of the frequency bands for the operation of medical telemetry devices.
(b) The frequency coordinator shall
(1) Review and process coordination requests submitted by authorized health care providers as required in § 95.1111;
(2) Maintain a database of WMTS use;
(3) Notify users of potential conflicts; and
(4) Coordinate WMTS operation with radio astronomy observatories and Federal Government radar systems as specified in §§ 95.1119 and 95.1121.
(a)
(2) In the 1395-1400 MHz and 1429-1432 MHz bands, the maximum allowable field strength is 740 mV/m, as measured at a distance of 3 meters, using measuring equipment with an averaging detector and a 1 MHz measurement bandwidth.
(b)
(2) Out-of-band emissions above 960 MHz are limited to 500 μm as measured at a distance of 3 meters using measuring equipment with an averaging detector and a 1 MHz measurement bandwidth.
(c)
(d)
(2) In the 608-614 MHz band, wireless medical telemetry devices utilizing broadband technologies such as spread spectrum shall be capable of operating within one or more of the following channels of 1.5 MHz each, up to a maximum of 6 MHz, and shall operate on the minimum number of channels necessary to avoid harmful interference to any other wireless medical telemetry devices.
(3) Channel usage is on a co-primary shared basis only, and channels will not be assigned for the exclusive use of any entity.
(4) Authorized health care providers, in conjunction with the equipment manufacturers, must cooperate in the selection and use of frequencies in order to reduce the potential for interference with other wireless medical telemetry devices, or other co-primary users. Operations in the 608-614 MHz band (television channel 37) are not protected from adjacent band interference from broadcast television operating on channels 36 and 38.
(e)
(a) All types of communications except voice and video are permitted, on both a unidirectional and bidirectional basis, provided that all such communications are related to the provision of medical care. Waveforms such as electrocardiograms (ECGs) are not considered video.
(b) Operations that comply with the requirements of this part may be conducted under manual or automatic control, and on a continuous basis.
For a wireless medical telemetry device operating within the frequency range 608-614 MHz and that will be located near the radio astronomy observatories listed below, operation is not permitted until a WMTS frequency coordinator specified in § 95.1113 has coordinated with, and obtain the written concurrence of, the director of the affected radio astronomy observatory before the equipment can be installed or operated
(a) Within 80 kilometers of:
(1) National Astronomy and Ionosphere Center, Arecibo, Puerto Rico: 18°20′38.28″ North Latitude, 66° 45′09.42″ West Longitude.
(2) National Radio Astronomy Observatory, Socorro, New Mexico: 34° 04′43″ North Latitude, 107°37′04″ West Longitude.
(3) National Radio Astronomy Observatory, Green Bank, West Virginia: 38°26′08″ North Latitude, 79°49′42″ West Longitude.
(b) Within 32 kilometers of the National Radio Astronomy Observatory centered on:
The National Science Foundation point of contact for coordination is: Spectrum Manager, Division of Astronomical Sciences, NSF Room 1045, 4201 Wilson Blvd., Arlington, VA 22230, telephone: 703-306-1823.
Due to the critical nature of communications transmitted under this part, the frequency coordinator in consultation with the National Telecommunications and Information Administration shall determine whether there are any federal government radar systems whose operations could affect, or could be affected by, proposed wireless medical telemetry operations in the 1395-1400 MHz and 1429-1432 MHz bands. The locations of government radar systems in these bands are specified in footnotes US351 and US352 of § 2.106 of this chapter.
The manufacturers, installers and users of WMTS equipment are cautioned that the operation of this equipment could result in harmful interference to other nearby medical devices.
Portable devices as defined in § 2.1093(b) of this chapter operating in the WMTS are subject to radio frequency radiation exposure requirements as specified in §§ 1.1307(b) and 2.1093 of this chapter. Applications for equipment authorization of WMTS devices must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request.
A WMTS station is not required to transmit a station identification announcement.
All WMTS transmitters must be available for inspection upon request by an authorized FCC representative.
Operation in the MICS is permitted by rule and without an individual license issued by the FCC. A person is permitted to operate medical implant transmitters connected to medical implant devices that have been implanted in that person by a duly authorized health care professional and medical implant programmer/control transmitters associated with their medical implant transmitter(s). Duly authorized health care professionals are permitted by rule to operate MICS transmitters. Manufacturers of medical implant devices and MICS transmitters and their representatives are authorized to operate transmitters in this service for the purpose of demonstrating such equipment to duly authorized health care professionals. No entity that is a foreign government or which is acting in its capacity as a representative of a foreign government is eligible to operate a MICS transmitter. The term “duly authorized health care professional” means a physician or other individual authorized under state or federal law to provide health care services using medical implant devices. Operations that comply with the requirements of this part may be conducted under manual or automatic control.
MICS operation is authorized anywhere CB station operation is authorized under § 95.405.
A MICS station is not required to transmit a station identification announcement.
All non-implanted MICS apparatus must be made available for inspection upon request by an authorized FCC representative. Persons operating implanted medical implant transmitters shall cooperate reasonably with duly authorized FCC representatives in the resolution of interference.
(a) Except for the purposes of testing and for demonstrations to health care professionals, medical implant programmer/control transmitters may transmit only operational, diagnostic and therapeutic information associated with a medical implant device that has been implanted by a duly authorized health care professional.
(b) Except in response to a medical implant event, no medical implant transmitter shall transmit except in response to a transmission from a medical implant programmer/control transmitter or a non-radio frequency actuation signal generated by a device external to the body in which the medical implant transmitter is implanted or is to be implanted.
(c) Medical implant programmer/control transmitters may be interconnected with other telecommunications systems including the public switched telephone network.
(d) Medical implant programmer/control transmitters may transmit during a MICS communications session, as defined in § 95.628, for the purpose of facilitating MICS system operation for no more than 5 seconds without the communications of data.
(e) Medical implant programmer/control transmitters may not be used to relay information to a receiver that is not included with a medical implant device. Wireless retransmission of information intended to be transmitted by a medical implant programmer/control transmitter or information received from a medical implant transmitter shall be conducted using other radio services that operate in spectrum outside of the MICS band.
(a) The channels authorized for MICS operation by this part of the FCC Rules are available on a shared basis only and will not be assigned for the exclusive use of any entity.
(b) Those using MICS transmitters must cooperate in the selection and use of channels in order to reduce interference and make the most effective use of the authorized facilities. Channels must be selected in an effort to avoid interference to other MICS transmissions. See § 95.628.
(c) Operation is subject to the condition that no harmful interference is caused to stations operating in the 400.150-406.000 MHz band in the Meteorological Aids, Meteorological Satellite, or Earth Exploration Satellite Services. MICS stations must accept any interference from stations operating in the 400.150-406.000 MHz band in the Meteorological Aids, Meteorological Satellite, or Earth Exploration Satellite Services.
No antenna for a medical implant programmer/control transmitter shall be configured for permanent outdoor use, provided, however, that any antenna used outdoors shall not be affixed to any structure for which the height to the tip of the antenna will exceed three (3) meters (9.8 feet) above ground.
(a) Manufacturers of MICS transmitters must include with each transmitting device the following statement: “This transmitter is authorized by rule under the Medical Implant Communications Service (part 95 of the FCC Rules) and must not cause harmful interference to stations operating in the 400.150-406.000 MHz band in the Meteorological Aids (
(a) Medical implant programmer/controller transmitters shall be labeled as provided in part 2 of this chapter and shall bear the following statement in a conspicuous location on the device:
This device may not interfere with stations operating in the 400.150-406.000 MHz band in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services and must accept any interference received, including interference that may cause undesired operation.
(b) Where a medical implant programmer/control transmitter is constructed in two or more sections connected by wire and marketed together, the statement specified in this section is required to be affixed only to the main control unit.
(c) Medical implant transmitters shall be identified with a serial number. The FCC ID number associated with the transmitter and the information required by § 2.925 of the FCC Rules may be placed in the instruction manual for the transmitter and on the shipping container for the transmitter, in lieu of being placed directly on the transmitter.
Transmitters intended for operation in the MICS may be marketed and sold only for those uses described in § 95.1209 of this part.
48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted.
Nomenclature changes to part 97 appear at 63 FR 54077, Oct. 8, 1998.
The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles:
(a) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications.
(b) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio art.
(c) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the communication and technical phases of the art.
(d) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts.
(e) Continuation and extension of the amateur's unique ability to enhance international goodwill.
(a) The definitions of terms used in part 97 are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(i)
(ii)
(iii)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
(b) The definitions of technical smybols used in this part are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(c) The following terms are used in this part to indicate emission types. Refer to § 2.201 of the FCC Rules,
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(a) The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by § 97.107 of this part, before the station may transmit on any amateur service frequency from any place that is:
(1) Within 50 km of the Earth's surface and at a place where the amateur service is regulated by the FCC;
(2) Within 50 km of the Earth's surface and aboard any vessel or craft that is documented or registered in the United States; or
(3) More than 50 km above the Earth's surface aboard any craft that is documented or registered in the United States.
(b) The types of station license grants are:
(1) An operator/primary station license grant. One, but only one, operator/primary station license grant may be held by any one person. The primary station license is granted together with the amateur operator license. Except for a representative of a foreign government, any person who qualifies by examination is eligible to apply for an operator/primary station license grant.
(2) A club station license grant. A club station license grant may be held only by the person who is the license trustee designated by an officer of the club. The trustee must be a person who holds an Amateur Extra, Advanced, General, Technician Plus, or Technician operator license grant. The club must be composed of at least four persons and must have a name, a document of organization, management, and a primary purpose devoted to amateur service activities consistent with this part.
(3) A military recreation station license grant. A military recreation station license grant may be held only by the person who is the license custodian designated by the official in charge of the United States military recreational premises where the station is situated. The person must not be a representative of a foreign government. The person need not hold an amateur operator license grant.
(4) A RACES station license grant. A RACES station license grant may be held only by the person who is the license custodian designated by the official responsible for the governmental agency served by that civil defense organization. The custodian must be the civil defense official responsible for coordination of all civil defense activities in the area concerned. The custodian must not be a representative of a foreign government. The custodian need not hold an amateur operator license grant.
(c) The person named in the station license grant or who is authorized for alien reciprocal operation by § 97.107 of this part may use, in accordance with the applicable rules of this part, the transmitting apparatus under the physical control of the person at places where the amateur service is regulated by the FCC.
(d) A CEPT radio-amateur license is issued to the person by the country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect.
(e) An IARP is issued to the person by the country of which the person is a citizen. The person must not:
(1) Be a resident alien or citizen of the United States, regardless of any other citizenship also held;
(2) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee;
(3) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or
(4) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect.
When transmitting, each amateur station must have a control operator. The control operator must be a person:
(a) For whom an amateur operator/primary station license grant appears
(b) Who is authorized for alien reciprocal operation by § 97.107 of this part.
(a) The classes of amateur operator license grants are: Novice, Technician, Technician Plus (until such licenses expire, a Technical Class license granted before February 14, 1991, is considered a Technician Plus Class license), General, Advanced, and Amateur Extra. The person named in the operator license grant is authorized to be the control operator of an amateur station with the privileges authorized to the operator class specified on the license grant.
(b) The person named in an operator license grant of Novice, Technician, Technician Plus, General or Advanced Class, who has properly submitted to the administering VEs a FCC Form 605 document requesting examination for an operator license grant of a higher class, and who holds a CSCE indicating that the person has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first.
(a) The installation and operation of an amateur station on a ship or aircraft must be approved by the master of the ship or pilot in command of the aircraft.
(b) The station must be separate from and independent of all other radio apparatus installed on the ship or aircraft, except a common antenna may be shared with a voluntary ship radio installation. The station's transmissions must not cause interference to any other apparatus installed on the ship or aircraft.
(c) The station must not constitute a hazard to the safety of life or property. For a station aboard an aircraft, the apparatus shall not be operated while the aircraft is operating under Instrument Flight Rules, as defined by the FAA, unless the station has been found to comply with all applicable FAA Rules.
(a) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by §§ 1.1305-1.1319 of this chapter.
(b) A station within 1600 m (1 mile) of an FCC monitoring facility must protect that facility from harmful interference. Failure to do so could result in imposition of operating restrictions upon the amateur station by a District Director pursuant to § 97.121 of this part. Geographical coordinates of the facilities that require protection are listed in § 0.121(c) of this chapter.
(c) Before causing or allowing an amateur station to transmit from any place where the operation of the station could cause human exposure to RF electromagnetic field levels in excess of those allowed under § 1.1310 of this chapter, the licensee is required to take certain actions.
(1) The licensee must perform the routine RF environmental evaluation prescribed by § 1.1307(b) of this chapter, if the power of the licensee's station exceeds the limits given in the following table:
(2) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in § 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin Number 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.”
(a) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the Commission as required by part 17 of this chapter.
(b) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. (State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose.
(a) Any qualified person is eligible to apply for a new operator/primary station, club station or military recreation station license grant. No new license grant will be issued for a Novice, Technician Plus, or Advanced Class operator/primary station or a RACES station.
(b) Each application for a new amateur service license grant must be filed with the FCC as follows:
(1) Each candidate for an amateur radio operator license which requires the applicant to pass one or more examination elements must present the administering VEs with all information required by the rules prior to the examination. The VEs may collect all necessary information in any manner of their choosing, including creating their own forms.
(2) For a new club or military recreation station license grant, each applicant must present all information required by the rules to an amateur radio organization having tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 that provides voluntary, uncompensated and unreimbursed services in providing club and military recreation station call signs (“
(c) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an amateur service license grant by fraudulent means.
(d) One unique call sign will be shown on the license grant of each new primary, club and military recreation station. The call sign will be selected by the sequential call sign system.
(a) The person named in an operator/primary station license grant or in a club station license grant is eligible to make application for modification of the license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system. RACES and military recreation stations are not eligible for a vanity call sign.
(b) Each application for a modification of an operator/primary or club station license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with § 1.913 of this chapter.
(c) Unassigned call signs are available to the vanity call sign system with the following exceptions:
(1) A call sign shown on an expired license grant is not available to the vanity call sign system for 2 years following the expiration of the license.
(2) A call sign shown on a surrendered, revoked, set aside, canceled, or voided license grant is not available to the vanity call sign system for 2 years following the date such action is taken.
(3) Except for an applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and except for an applicant who is a club station license trustee acting with the written consent of at least one relative, as listed above, of a person now deceased, the call sign shown on the license of person now deceased is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license grant, whichever is sooner.
(d) The vanity call sign requested by an applicant must be selected from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system.
(1) The applicant must request that the call sign shown on the license grant be vacated and provide a list of up to 25 call signs in order of preference.
(2) The first assignable call sign from the applicant's list will be shown on the license grant. When none of those call signs are assignable, the call sign vacated by the applicant will be shown on the license grant.
(3) Vanity call signs will be selected from those call signs assignable at the time the application is processed by the FCC.
(4) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's mailing address is in the corresponding state, commonwealth, or island. This limitation does not apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former holder now deceased.
(a) A person holding a valid amateur station license grant:
(1) Must apply to the FCC for a modification of the license grant as necessary to show the correct mailing address, licensee name, club name, license trustee name or license custodian name in accordance with § 1.913 of this chapter. For a club, military recreation or RACES station license grant, it must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the collected information for at least 15 months and make it available to the FCC upon request.
(2) May apply to the FCC for a modification of the operator/primary station license grant to show a higher operator class. Applicants must present the administering VEs with all information required by the rules prior to the examination. The VEs may collect all necessary information in any manner of their choosing, including creating their own forms.
(3) May apply to the FCC for renewal of the license grant for another term in accordance with § 1.913 of this chapter. Application for renewal of a Technician Plus Class operator/primary station license will be processed as an application for renewal of a Technician Class operator/primary station license.
(i) For a station license grant showing a call sign obtained through the vanity call sign system, the application must be filed in accordance with § 97.19 of this Part in order to have the vanity call sign reassigned to the station.
(ii) For a primary station license grant showing a call sign obtained through the sequential call sign system, and for a primary station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be filed with the FCC in accordance with § 1.913 of this chapter. When the application has been received by the FCC on or before the license expiration date, the license operating authority is continued until the final disposition of the application.
(iii) For a club station or military recreation station license grant showing a call sign obtained through the sequential call sign system, and for a club or military recreation station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the collected information for at least 15 months and make it available to the FCC upon request. RACES station license grants will not be renewed.
(b) A person whose amateur station license grant has expired may apply to the FCC for renewal of the license grant for another term during a 2 year filing grace period. The application must be received at the address specified above prior to the end of the grace period. Unless and until the license grant is renewed, no privileges in this Part are conferred.
(c) A call sign obtained under the sequential or vanity call sign system will be reassigned to the station upon renewal or modification of a station license.
Each license grant must show the grantee's correct name and mailing address. The mailing address must be in an area where the amateur service is regulated by the FCC and where the grantee can receive mail delivery by the United States Postal Service. Revocation of the station license or suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the grantee failed to provide the correct mailing address.
An amateur service license is normally granted for a 10-year term.
(a) The FCC may modify a station license grant, either for a limited time or for the duration of the term thereof, if it determines:
(1) That such action will promote the public interest, convenience, and necessity; or
(2) That such action will promote fuller compliance with the provisions of the Communications Act of 1934, as amended, or of any treaty ratified by the United States.
(b) When the FCC makes such a determination, it will issue an order of
Each grantee whose amateur station license grant document is lost, mutilated or destroyed may apply to the FCC for a replacement in accordance with § 1.913 of this chapter.
(a) In all respects not specifically covered by FCC Rules each amateur station must be operated in accordance with good engineering and good amateur practice.
(b) Each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. No frequency will be assigned for the exclusive use of any station.
(c) At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES.
(d) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal.
(a) The station licensee is responsible for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different amateur operator than the station licensee, both persons are equally responsible for proper operation of the station.
(b) The station licensee must designate the station control operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary is in the station records.
(c) The station licensee must make the station and the station records available for inspection upon request by an FCC representative. When deemed necessary by an EIC to assure compliance with the FCC Rules, the station licensee must maintain a record of station operations containing such items of information as the EIC may require in accord with § 0.314(x) of the FCC Rules.
(a) The control operator must ensure the immediate proper operation of the station, regardless of the type of control.
(b) A station may only be operated in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator.
A non-citizen of the United States (“alien”) holding an amateur service authorization granted by the alien's government is authorized to be the control operator of an amateur station located at places where the amateur service is regulated by the FCC, provided there is in effect a multilateral or bilateral reciprocal operating arrangement, to which the United States and the alien's government are parties, for amateur service operation on a reciprocal basis. The FCC will issue public announcements listing the countries with which the United States has such an arrangement. No citizen of the United States or person holding an FCC amateur operator/primary station license grant is eligible for the reciprocal operating authority granted by this section. The privileges granted to a control operator under this authorization are:
(a) For an amateur service license granted by the Government of Canada:
(1) The terms of the
(2) The operating terms and conditions of the amateur service license issued by the Government of Canada; and
(3) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license.
(b) For an amateur service license granted by any country, other than Canada, with which the United States has a multilateral or bilateral agreement:
(1) The terms of the agreement between the alien's government and the United States;
(2) The operating terms and conditions of the amateur service license granted by the alien's government;
(3) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license; and
(c) At any time the FCC may, in its discretion, modify, suspend or cancel the reciprocal operating authority granted to any person by this section.
(a) Each amateur station must have at least one control point.
(b) When a station is being locally controlled, the control operator must be at the control point. Any station may be locally controlled.
(c) When a station is being remotely controlled, the control operator must be at the control point. Any station may be remotely controlled.
(d) When a station is being automatically controlled, the control operator need not be at the control point. Only stations specifically designated elsewhere in this part may be automatically controlled. Automatic control must cease upon notification by an EIC that the station is transmitting improperly or causing harmful interference to other stations. Automatic control must not be resumed without prior approval of the EIC.
(e) No station may be automatically controlled while transmitting third party communications, except a station transmitting a RTTY or data emission. All messages that are retransmitted must originate at a station that is being locally or remotely controlled.
(a) An amateur station may transmit the following types of two-way communications:
(1) Transmissions necessary to exchange messages with other stations in the amateur service, except those in any country whose administration has given notice that it objects to such communications. The FCC will issue public notices of current arrangements for international communications;
(2) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications;
(3) Transmissions necessary to exchange messages with a United States government station, necessary to providing communications in RACES; and
(4) Transmissions necessary to exchange messages with a station in a service not regulated by the FCC, but authorized by the FCC to communicate with amateur stations. An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test.
(b) In addition to one-way transmissions specifically authorized elsewhere in this part, an amateur station may transmit the following types of one-way communications:
(1) Brief transmissions necessary to make adjustments to the station;
(2) Brief transmissions necessary to establishing two-way communications with other stations;
(3) Telecommand;
(4) Transmissions necessary to providing emergency communications;
(5) Transmissions necessary to assisting persons learning, or improving proficiency in, the international Morse code; and
(6) Transmissions necessary to disseminate information bulletins.
(7) Transmissions of telemetry.
(a) No amateur station shall transmit:
(1) Communications specifically prohibited elsewhere in this part;
(2) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules;
(3) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer. Amateur operators may, however, notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis;
(4) Music using a phone emission except as specifically provided elsewhere in this section; communications intended to facilitate a criminal act; messages in codes or ciphers intended to obscure the meaning thereof, except as otherwise provided herein; obscene or indecent words or language; or false or deceptive messages, signals or identification;
(5) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services.
(b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided in these rules; nor shall an amateur station engage in any activity related to program production or news gathering for broadcasting purposes, except that communications directly related to the immediate safety of human life or the protection of property may be provided by amateur stations to broadcasters for dissemination to the public where no other means of communication is reasonably available before or at the time of the event.
(c) A control operator may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution.
(d) The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as a control operator.
(e) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations and communications, includingincidental music, originating on United States Government frequencies between a space shuttle and its associated Earth stations. Prior approval for shuttle retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for the exclusive use of amateur operators. Propagation, weather forecasts, and shuttle retransmissions may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications.
(f) No amateur station, except an auxiliary, repeater, or space station, may automatically retransmit the radio signals of other amateur station.
(a) An amateur station may transmit messages for a third party to:
(1) Any station within the jurisdiction of the United States.
(2) Any station within the jurisdiction of any foreign government whose administration has made arrangements
(b) The third party may participate in stating the message where:
(1) The control operator is present at the control point and is continuously monitoring and supervising the third party's participation; and
(2) The third party is not a prior amateur service licensee whose license was revoked; suspended for less than the balance of the license term and the suspension is still in effect; suspended for the balance of the license term and relicensing has not taken place; or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings. The third party may not be the subject of a cease and desist order which relates to amateur service operation and which is still in effect.
(c) At the end of an exchange of international third party communications, the station must also transmit in the station identification procedure the call sign of the station with which a third party message was exchanged.
Transmissions to a different country, where permitted, shall be made in plain language and shall be limited to messages of a technical nature relating to tests, and, to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified.
(a) Each amateur station, except a space station or telecommand station, must transmit its assigned call sign on its transmitting channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to the station.
(b) The call sign must be transmitted with an emission authorized for the transmitting channel in one of the following ways:
(1) By a CW emission. When keyed by an automatic device used only for identification, the speed must not exceed 20 words per minute;
(2) By a phone emission in the English language. Use of a phonetic alphabet as an aid for correct station identification is encouraged;
(3) By a RTTY emission using a specified digital code when all or part of the communications are transmitted by a RTTY or data emission;
(4) By an image emission conforming to the applicable transmission standards, either color or monochrome, of § 73.682(a) of the FCC Rules when all or part of the communications are transmitted in the same image emission
(c) One or more indicators may be included with the call sign. Each indicator must be separated from the call sign by the slant mark (/) or by any suitable word that denotes the slant mark. If an indicator is self-assigned, it must be included before, after, or both before and after, the call sign. No self-assigned indicator may conflict with any other indicator specified by the FCC Rules or with any prefix assigned to another country.
(d) When transmitting in conjunction with an event of special significance, a station may substitute for its assigned call sign a special event call sign as shown for that station for that period of time on the common data base coordinated, maintained and disseminated by the special event call sign data base coordinators. Additionally, the station must transmit its assigned call sign at least once per hour during such transmissions.
(e) When the operator license class held by the control operator exceeds
(f) When the control operator is a person who is exercising the rights and privileges authorized by § 97.9(b) of this part, an indicator must be included after the call sign as follows:
(1) For a control operator who has requested a license modification from Novice Class to Technical Class: KT;
(2) For a control operator who has requested a license modification from Novice or Technical Class to General Class: AG;
(3) For a control operator who has requested a license modification from Novice, Technician, or General Class operator to Advanced Class: AA; or
(4) For a control operator who has requested a license modification from Novice, Technician, General, or Advanced Class operator to Amateur Extra Class: AE.
(g) When the station is transmitting under the authority of § 97.107 of this part, an indicator consisting of the appropriate letter-numeral designating the station location must be included before the call sign that was issued to the station by the country granting the license. For an amateur service license granted by the Government of Canada, however, the indicator must be included after the call sign. At least once during each intercommunication, the identification announcement must include the geographical location as nearly as possible by city and state, commonwealth or possession.
(a) If the operation of an amateur station causes general interference to the reception of transmissions from stations operating in the domestic broadcast service when receivers of good engineering design, including adequate selectivity characteristics, are used to receive such transmissions, and this fact is made known to the amateur station licensee, the amateur station shall not be operated during the hours from 8 p.m. to 10:30 p.m., local time, and on Sunday for the additional period from 10:30 a.m. until 1 p.m., local time, upon the frequency or frequencies used when the interference is created.
(b) In general, such steps as may be necessary to minimize interference to stations operating in other services may be required after investigation by the FCC.
(a) Any amateur station licensed to a holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be an auxiliary station. A holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be the control operator of an auxiliary station, subject to the privileges of the class of operator license held.
(b) An auxiliary station may transmit only on the 1.25 m and shorter wavelength bands, except the 219-220 MHz, 222.000-222.150 MHz, 431-433 MHz, and 435-438 MHz segments.
(c) Where an auxiliary station causes harmful interference to another auxiliary station, the licensees are equally and fully responsible for resolving the interference unless one station's operation is recommended by a frequency coordinator and the other station's is not. In that case, the licensee of the non-coordinated auxiliary station has primary responsibilty to resolve the interference.
(d) An auxiliary station may be automatically controlled.
(e) An auxiliary station may transmit one-way communications.
(a) Any amateur station licensed to a holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license may be a beacon. A holder of a Technician, Technician Plus, General, Advanced or Amateur Extra Class operator license
(b) A beacon must not concurrently transmit on more than 1 channel in the same amateur service frequency band, from the same station location.
(c) The transmitter power of a beacon must not exceed 100 W.
(d) A beacon may be automatically controlled while it is transmitting on the 28.20-28.30 MHz, 50.06-50.08 MHz, 144.275-144.300 MHz, 222.05-222.06 MHz or 432.300-432.400 MHz segments, or on the 33 cm and shorter wavelength bands.
(e) Before establishing an automatically controlled beacon in the National Radio Quiet Zone or before changing the transmitting frequency, transmitter power, antenna height or directivity, the station licensee must give written notification thereof to the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944.
(1) The notification must include the geographical coordinates of the antenna, antenna ground elevation above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity, proposed frequency, type of emission, and transmitter power.
(2) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate.
(f) A beacon must cease transmissions upon notification by an EIC that the station is operating improperly or causing undue interference to other operations. The beacon may not resume transmitting without prior approval of the EIC.
(g) A beacon may transmit one-way communications.
(h) The provisions of this paragraph do not apply to repeaters that transmit on the 1.2 cm or shorter wavelength bands. Before establishing a repeater within 16 km (10 miles) of the Arecibo Observatory or before changing the transmitting frequency, transmitter power, antenna height or directivity of an existing repeater, the station licensee must give notification thereof at least 20 days in advance of planned peration to the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically, of the technical parameters of the proposal. Licensees who choose to transmit information electronically should e-mail to: prcz@naic.edu
(1) The notification shall state the geographical coordinates of the antenna (NAD-83 datum), antenna height above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective radiated power, and whether the proposed use is itinerant. Licensees may wish to consult interference guidelines provided by Cornell University.
(2) If an objection to the proposed operation is received by the FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. The licensee will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory.
(a) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be a repeater. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of a repeater, subject to the privileges of the class of operator license held.
(b) A repeater may receive and retransmit only on the 10 m and shorter wavelength frequency bands except the 28.0-29.5 MHz, 50.0-51.0 MHz, 144.0-144.5 MHz, 145.5-146.0 MHz, 222.00-222.15 MHz, 431.0-433.0 Mhz, and 435.0-438.0 Mhz segments.
(c) Where the transmissions of a repeater cause harmful interference to another repeater, the two station licensees are equally and fully responsible for resolving the interference unless the operation of one station is recommended by a frequency coordinator and the operation of the other station is not. In that case, the licensee of the non-coordinated repeater has primary responsibility to resolve the interference.
(d) A repeater may be automatically controlled.
(e) Ancillary functions of a repeater that are available to users on the input channel are not considered remotely controlled functions of the station. Limiting the use of a repeater to only certain user stations is permissible.
(f) [Reserved]
(g) The control operator of a repeater that retransmits inadvertently communications that violate the rules in this part is not accountable for the violative communications.
(a) Any amateur station may be a space station. A holder of any class operator license may be the control operator of a space station, subject to the privileges of the class of operator license held by the control operator.
(b) A space station must be capable of effecting a cessation of transmissions by telecommand whenever such cessation is ordered by the FCC.
(c) The following frequency bands and segments are authorized to space stations:
(1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz, and 2400-2450 MHz, 3.40-3.41 GHz, 5.83-5.85 GHz, 10.45-10.50 GHz, and 24.00-24.05 GHz segments.
(d) A space station may automatically retransmit the radio signals of Earth stations and other space stations.
(e) A space station may transmit one-way communications.
(f) Space telemetry transmissions may consist of specially coded messages intended to facilitate communications or related to the function of the spacecraft.
(g) The license grantee of each space station must make two written pre-space station notifications to the International Bureau, FCC, Washington, DC 20554. Each notification must be in accord with the provisions of Articles 11 and 13 of the Radio Regulations.
(1) The first notification is required no less than 27 months prior to initiating space station transmissions and must specify the information required by Appendix 4 and Resolution No. 642 of the Radio Regulations.
(2) The second notification is required no less than 5 months prior to initiating space station transmissions and must specify the information required by Appendix 3 and Resolution No. 642 of the Radio Regulations.
(h) The license grantee of each space station must make a written in-space station notification to the International Bureau no later than 7 days following initiation of space station transmissions. The notification must update the information contained in the pre-space notification.
(i) The license grantee of each space station must make a written post-space station notification to the International Bureau no later than 3 months after termination of the space station transmissions. When the termination is ordered by the FCC, notification is required no later than 24 hours after termination.
(a) Any amateur station may be an Earth station. A holder of any class operator license may be the control operator of an Earth station, subject to the privileges of the class of operator license held by the control operator.
(b) The following frequency bands and segments are authorized to Earth stations:
(1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45-10.50 GHz and 24.00-24.05 GHz segments.
(a) Any amateur station designated by the licensee of a space station is eligible to transmit as a telecommand station for that space station, subject to the privileges of the class of operator license held by the control operator.
(b) A telecommand station may transmit special codes intended to obscure the meaning of telecommand messages to the station in space operation.
(c) The following frequency bands and segments are authorized to telecommand stations:
(1) The 17 m, 15 m, 12 m and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45-10.50 GHz and 24.00-24.05 GHz segments.
(d) A telecommand station may transmit one-way communications.
An amateur station on or within 50 km of the Earth's surface may be under telecommand where:
(a) There is a radio or wireline control link between the control point and the station sufficient for the control operator to perform his/her duties. If radio, the control link must use an auxiliary station. A control link using a fiber optic cable or another telecommunication service is considered wireline.
(b) Provisions are incorporated to limit transmission by the station to a period of no more than 3 minutes in the event of malfunction in the control link.
(c) The station is protected against making, willfully or negligently, unauthorized transmissions.
(d) A photocopy of the station license and a label with the name, address, and telephone number of the station licensee and at least one designated control operator is posted in a conspicuous place at the station location.
An amateur station transmitting signals to control a model craft may be operated as follows:
(a) The station identification procedure is not required for transmissions directed only to the model craft, provided that a label indicating the station call sign and the station licensee's name and address is affixed to the station transmitter.
(b) The control signals are not considered codes or ciphers intended to obscure the meaning of the communication.
(c) The transmitter power must not exceed 1 W.
Telemetry transmitted by an amateur station on or within 50 km of the Earth's surface is not considered to be codes or ciphers intended to obscure the meaning of communications.
(a) Any amateur station may participate in a message forwarding system, subject to the privileges of the class of operator license held.
(b) For stations participating in a message forwarding system, the control operator of the station originating a message is primarily accountable for any violation of the rules in this part contained in the message.
(c) Except as noted in (d) of this section, for stations participating in a message forwarding system, the control operators of forwarding stations
(d) For stations participating in a message forwarding system, the control operator of the first forwarding station must:
(1) Authenticate the identity of the station from which it accepts communications on behalf of the system; or
(2) Accept accountability for any violation of the rules in this part contained in messages it retransmits to the system.
(a) This rule section does not apply to an auxiliary station, a beacon station, a repeater station, an earth station, a space station, or a space telecommand station.
(b) A station may be automatically controlled while transmitting a RTTY or data emission on the 6 m or shorter wavelength bands, and on the 28.120-28.189 MHz, 24.925-24.930 MHz, 21.090-21.100 MHz, 18.105-18.110 MHz, 14.0950-14.0995 MHz, 14.1005-14.112 MHz, 10.140-10.150 MHz, 7.100-7.105 MHz, or 3.620-3.635 MHz segments.
(c) A station may be automatically controlled while transmitting a RTTY or data emission on any other frequency authorized for such emission types provided that:
(1) The station is responding to interrogation by a station under local or remote control; and
(2) No transmission from the automatically controlled station occupies a bandwidth of more than 500 Hz.
The following transmitting frequency bands are available to an amateur station located within 50 km of the Earth's surface, within the specified ITU Region, and outside any area where the amateur service is regulated by any authority other than the FCC.
(a) For a station having a control operator who has been granted a Technician, Technician Plus, General, Advanced, or Amateur Extra Class operator license or who holds a CEPT radio-amateur license or IARP of any class:
(b) For a station having a control operator who has been granted an Amateur Extra Class operator license or who holds a CEPT radio-amateur license Class 1 license or Class 1 IARP:
(c) For a station having a control operator who has been granted an operator license of Advanced Class:
(d) For a station having a control operator who has been granted an operator license of General Class:
(e) For a station having a control operator who has been granted an operator license of Novice Class or Technician Class and who has received credit for proficiency in telegraphy in accordance with the international requirements.
The following is a summary of the frequency sharing requirements that apply to amateur station transmissions on the frequency bands specified in § 97.301 of this part. (For each ITU Region, each frequency band allocated to the amateur service is designated as either a secondary service or a primary service. A station in a secondary service must not cause harmful interference to, and must accept interference from, stations in a primary service. See §§ 2.105 and 2.106 of the FCC Rules,
(a) Where, in adjacent ITU Regions or Subregions, a band of frequencies is allocated to different services of the same category, the basic principle is the equality of right to operate. The stations of each service in one region must operate so as not to cause harmful interference to services in the other Regions or Subregions. (See ITU
(b) No amateur station transmitting in the 1900-2000 kHz segment, the 70 cm band, the 33 cm band, the 13 cm band, the 9 cm band, the 5 cm band, the 3 cm band, the 24.05-24.25 GHz segment, the 77.0-77.5 GHz segment, the 78-81 GHz segment, the 144-149 GHz segment, and the 241-248 GHz segment shall cause harmful interference to, nor is protected from interference due to the operation of, the Government radiolocation service.
(c) No amateur station transmitting in the 1900-2000 kHz segment, the 3 cm band, the 77.0-77.5 GHz segment, the 78-81 GHz segment, the 144-149 GHz segment, and the 241-248 GHz segment shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the non-Government radiolocation service.
(d) No amateur station transmitting in the 30 meter band shall cause harmful interference to stations authorized by other nations in the fixed service. The licensee of the amateur station must make all necessary adjustments, including termination of transmissions, if harmful interference is caused.
(e) In the 1.25 m band:
(1) Use of the 219-220 MHz segment is limited to amateur stations participating, as forwarding stations, in point-to-point fixed digital message forwarding systems, including intercity packet backbone networks. It is not available for other purposes.
(2) No amateur station transmitting in the 219-220 MHz segment shall cause harmful interference to, nor is protected from interference due to operation of Automated Maritime Telecommunications Systems (AMTS), television broadcasting on channels 11 and 13, 218-219 MHz Service systems, Land Mobile Services systems, or any other service having a primary allocation in or adjacent to the band.
(3) No amateur station may transmit in the 219-220 MHz segment unless the licensee has given written notification of the station's specific geographic location for such transmissions in order to be incorporated into a data base that has been made available to the public. The notification must be given at least 30 days prior to making such transmissions. The notification must be given to: The American Radio Relay, Inc., 225 Main Street, Newington, CT 06111-1494.
(4) No amateur station may transmit in the 219-220 MHz segment from a location that is within 640 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless the amateur station licensee has given written notification of the station's specific geographic location for such transmissions to the AMTS licensee. The notification must be given at least 30 days prior to making such transmissions. The location of AMTS Coast Stations using the 217-218/219-220 MHz channels may be obtained from either:
(5) No amateur station may transmit in the 219-220 MHz segment from a location that is within 80 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless that amateur station licensee holds written approval from that AMTS licensee. The location of AMTS Coast Stations using the 217-218/219-220 MHz channels may be obtained as noted in paragraph (e)(4) of this section.
(f) In the 70 cm band:
(1) No amateur station shall transmit from north of Line A in the 420-430 MHz segment.
(2) The 420-430 MHz segment is allocated to the amateur service in the United States on a secondary basis, and is allocated in the fixed and mobile (except aeronautical mobile) services in the International Table of allocations on a primary basis. No amateur station transmitting in this band shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile (except aeronautical mobile) services.
(3) The 430-440 MHz segment is allocated to the amateur service on a secondary basis in ITU Regions 2 and 3. No amateur station transmitting in this band in ITU Regions 2 and 3 shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service. In ITU Region 1, the 430-440 MHz segment is allocated to the amateur service on a co-primary basis with the radiolocation service. As between these two services in this band in ITU Region 1, the basic principle that applies is the equality of right to operate. Amateur stations authorized by the United States and radiolocation stations authorized by other nations in ITU Region 1 shall operate so as not to cause harmful interference to each other.
(4) No amateur station transmitting in the 449.75-450.25 MHz segment shall cause interference to, nor is protected from itnerference due to the operation of stations in, the space operation service and the space research service or Government or non-Government stations for space telecommand.
(g) In the 33 cm band:
(1) No amateur station shall transmit from within the States of Colorado and Wyoming, bounded on the south by latitude 39
(2) No amateur station shall transmit from those portions of the States of Texas and New Mexico bounded on the south by latitude 31
(h) No amateur station transmitting in the 23 cm band, the 3 cm band, the 24.05-24.25 GHz segment, the 77-77.5 GHz segment, the 78-81 GHz segment, the 144-149 GHz segment, and the 241-248 GHz segment shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service.
(i) In the 1240-1260 MHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the radionavigation-satellite service, the aeronautical radionavigation service, or the radiolocation service.
(j) In the 13 cm band:
(1) The amateur service is allocated on a secondary basis in all ITU Regions. In ITU Region 1, no amateur station shall cause harmful interference to, and shall be not protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile services. In ITU Regions 2 and 3, no amateur station shall cause harmful interference to,
(2) In the United States:
(i) The 2300-2305 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 2300-2305 MHz segment is not allocated to any service on a primary basis.);
(ii) The 2305-2310 MHz segment is allocated to the amateur service on a secondary basis to the fixed, mobile, and radiolocation services;
(iii) The 2390-2400 MHz segment is allocated to the amateur service on a primary basis; and
(iv) The 2400-2402 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 2400-2402 MHz segment is not allocated to any service on a primary basis.) The 2402-2417 MHz segment is allocated to the amateur service on a primary basis. The 2417-2450 MHz segment is allocated to the amateur service on a co-secondary basis with the Government radiolocation service. Amateur stations operating within the 2400-2450 MHz segment must accept harmful interference that may be caused by the proper operation of industrial, scientific, and medical devices operating within the band.
(k) No amateur station transmitting in the 3.332-3.339 GHz and 3.3458-3525 GHz segments, the 2.5 mm band, the 144.68-144.98 GHz, 145.45-145.75 GHz and 146.82-147.12 GHz segments and the 343-348 GHz segment shall cause harmful interference to stations in the radio astronomy service. No amateur station transmitting in the 300-302 GHz, 324-326 GHz, 345-347 GHz, 363-365 GHz and 379-381 GHz segments shall cause harmful interference to stations in the space research service (passive) or Earth exploration-satellite service (passive).
(l) In the 9 cm band:
(1) In ITU Regions 2 and 3, the band is allocated to the amateur service on a secondary basis.
(2) In the United States, the band is allocated to the amateur service on a co-secondary basis with the non-Government radiolocation service.
(3) In the 3.3-3.4 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service.
(4) In the 3.4-3.5 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and fixed-satellite service.
(m) In the 5 cm band:
(1) In the 5.650-5.725 GHz segment, the amateur service is allocated in all ITU Regions on a co-secondary basis with the space research (deep space) service.
(2) In the 5.725-5.850 GHz segment, the amateur service is allocated in all ITU Regions on a secondary basis. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed-satellite service in ITU Region 1.
(3) No amateur station transmitting in the 5.725-5.875 GHz segment is protected from interference due to the operation of industrial, scientific and medical devices operating on 5.8 GHz.
(4) In the 5.650-5.850 GHz segment, no amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the radiolocation service.
(5) In the 5.850-5.925 GHz segment, the amateur service is allocated in ITU Region 2 on a co-secondary basis with the radiolocation service. In the United States, the segment is allocated to the amateur service on a secondary basis to the non-Government fixed-satellite service. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed, fixed-satellite and mobile services. No amateur station shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the non-Government fixed-satellite service.
(n) In the 3 cm band:
(1) In the United States, the 3 cm band is allocated to the amateur service on a co-secondary basis with the non-government radiolocation service.
(2) In the 10.00-10.45 GHz segment in ITU Regions 1 and 3, no amateur station shall cause interference to, nor is protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile services.
(o) No amateur station transmitting in the 1.2 cm band is protected from interference due to the operation of industrial, scientific and medical devices on 24.125 GHz. In the United States, the 24.05-24.25 GHz segment is allocated to the amateur service on a co-secondary basis with the non-government radiolocation and Government and non-government Earth exploration-satellite (active) services.
(p) The 2.5 mm band is allocated to the amateur service on a secondary basis. No amateur station transmitting in this band shall cause harmful interference to, nor is protected from interference due to the operation of, stations in the fixed, inter-satellite and mobile services.
(q) No amateur station transmitting in the 244-246 GHz segment of the 1 mm band is protected from interference due to the operation of industrial, scientific and medical devices on 245 GHz.
(r) In the 4 mm band:
(1) Authorization of the 76-77 GHz segment of the 4 mm band for amateur station transmissions is suspended until such time that the Commission may determine that amateur station transmissions in this segment will not pose a safety threat to vehicle radar systems operating in this segment.
(2) In places where the amateur service is regulated by the FCC, the 77.5-78 GHz segment is allocated to the amateur service and amateur-satellite service on a co-primary basis with the Government and non-Government radiolocation services.
(a) An amateur station may transmit a CW emission on any frequency authorized to the control operator.
(b) A station may transmit a test emission on any frequency authorized to the control operator for brief periods for experimental purposes, except that no pulse modulation emission may be transmitted on any frequency where pulse is not specifically authorized and no SS modulation emission may be transmitted on any frequency where SS is not specifically authorized.
(c) A station may transmit the following emission types on the frequencies indicated, as authorized to the control operator, subject to the standards specified in § 97.307(f) of this part.
(a) No amateur station transmission shall occupy more bandwidth than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice.
(b) Emissions resulting from modulation must be confined to the band or segment available to the control operator. Emissions outside the necessary bandwidth must not cause splatter or keyclick interference to operations on adjacent frequencies.
(c) All spurious emissions from a station transmitter must be reduced to the greatest extent practicable. If any spurious emission, including chassis or power line radiation, causes harmful interference to the reception of another radio station, the licensee of the interfering amateur station is required to take steps to eliminate the interference, in accordance with good engineering practice.
(d) The mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency below 30 MHz must not exceed 50 mW and must be at least 40 dB below the mean power of the fundamental emission. For a transmitter of mean power less than 5 W, the attenuation must be at least 30 dB. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement.
(e) The mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency between 30-225 MHz must be at least 60 dB below the mean power of the fundamental. For a transmitter having a mean power of 25 W or less, the mean power of any spurious emission supplied to the antenna transmission line must not exceed 25 μW and must be at least 40 dB below the mean power of the fundamental emission, but need not be reduced below the power of 10 μW. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement.
(f) The following standards and limitations apply to transmissions on the frequencies specified in § 97.305(c) of this part.
(1) No angle-modulated emission may have a modulation index greater than 1 at the highest modulation frequency.
(2) No non-phone emission shall exceed the bandwidth of a communications quality phone emission of the same modulation type. The total bandwidth of an independent sideband emission (having B as the first symbol), or
(3) Only a RTTY or data emission using a specified digital code listed in § 97.309(a) of this part may be transmitted. The symbol rate must not exceed 300 bauds, or for frequency-shift keying, the frequency shift between mark and space must not exceed 1 kHz.
(4) Only a RTTY or data emission using a specified digital code listed in § 97.309(a) of this part may be transmitted. The symbol rate must not exceed 1200 bauds, or for frequency-shift keying, the frequency shift between mark and space must not exceed 1 kHz.
(5) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) of this part may be transmitted. The symbol rate must not exceed 19.6 kilobauds. A RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in § 97.309(b) of this part also may be transmitted. The authorized bandwidth is 20 kHz.
(6) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) of this part may be transmitted. The symbol rate must not exceed 56 kilobauds. A RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in § 97.309(b) of this part also may be transmitted. The authorized bandwidth is 100 kHz.
(7) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) of this part or an unspecified digital code under the limitations listed in § 97.309(b) of this part may be transmitted.
(8) A RTTY or data emission having designators with A, B, C, D, E, F, G, H, J or R as the first symbol; 1, 2, 7 or 9 as the second symbol; and D or W as the third symbol is also authorized.
(9) A station having a control operator holding a Novice or Technician Class operator license may only transmit a CW emission using the international Morse code.
(10) A station having a control operator holding a Novice Class operator license or a Technician Class operator license and who has received credit for proficiency in telegraphy in accordance with the international requirements may only transmit a CW emission using the international Morse code or phone emissions J3E and R3E.
(11) Phone and image emissions may be transmitted only by stations located in ITU Regions 1 and 3, and by stations located within ITU Region 2 that are west of 130° West longitude or south of 20° North latitude.
(12) Emission F8E may be transmitted.
(13) A data emission using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted. The authorized bandwidth is 100 kHz.
(a) Where authorized by §§ 97.305(c) and 97.307(f) of the part, an amateur station may transmit a RTTY or data emission using the following specified digital codes:
(1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, code defined in International Telegraph and Telephone Consultative Committee Recommendation F.1, Division C (commonly known as Baudot).
(2) The 7-unit code specified in International Radio Consultative Committee Recommendation CCIR 476-2 (1978), 476-3 (1982), 476-4 (1986) or 625 (1986) (commonly known as AMTOR).
(3) The 7-unit code defined in American National Standards Institute X3.4-1977 or International Alphabet No. 5 defined in International Telegraph and Telephone Consultative Committee Recommendation T.50 or in International Organization for Standardization, International Standard ISO 646 (1983), and extensions as provided for in CCITT Recommendation T.61 (Malaga-Torremolinos, 1984) (commonly known as ASCII).
(4) An amateur station transmitting a RTTY or data emission using a digital code specified in this paragraph may use any technique whose technical characteristics have been documented publicly, such as CLOVER, G-TOR, or PacTOR, for the purpose of facilitating communications.
(b) Where authorized by §§ 97.305(c) and 97.307(f) of this part, a station may transmit a RTTY or data emission using an unspecified digital code, except to a station in a country with which the United States does not have an agreement permitting the code to be used. RTTY and data emissions using unspecified digital codes must not be transmitted for the purpose of obscuring the meaning of any communication. When deemed necessary by an EIC to assure compliance with the FCC Rules, a station must:
(1) Cease the transmission using the unspecified digital code;
(2) Restrict transmissions of any digital code to the extent instructed;
(3) Maintain a record, convertible to the original information, of all digital communications transmitted.
(a) SS emission transmissions by an amateur station are authorized only for communications between points within areas where the amateur service is regulated by the FCC and between an area where the amateur service is regulated by the FCC and an amateur station in another country that permits such communications. SS emission transmissions must not be used for the purpose of obscuring the meaning of any communication.
(b) A station transmitting SS emissions must not cause harmful interference to stations employing other authorized emissions, and must accept all interference caused by stations employing other authorized emissions.
(c) When deemed necessary by a District Director to assure compliance with this part, a station licensee must:
(1) Cease SS emission transmissions;
(2) Restrict SS emission transmissions to the extent instructed; and
(3) Maintain a record, convertible to the original information (voice, text, image, etc.) of all spread spectrum communications transmitted.
(d) The transmitter power must not exceed 100 W under any circumstances. If more than 1 W is used, automatic transmitter control shall limit output power to that which is required for the communication. This shall be determined by the use of the ratio, measured at the receiver, of the received energy per user data bit (Eb) to the sum of the received power spectral densities of noise (N
(a) An amateur station must use the minimum transmitter power necessary to carry out the desired communications.
(b) No station may transmit with a transmitter power exceeding 1.5 kW PEP.
(c) No station may transmit with a transmitter power exceeding 200 W PEP on:
(1) The 3.675-3.725 MHz, 7.10-7.15 MHz, 10.10-10.15 MHz, and 21.1-21.2 MHz segments;
(2) The 28.1-28.5 MHz segment when the control operator is a Novice Class operator or a Technician Class operator who has received credit for proficiency in telegraphy in accordance with the international requirements; or
(3) The 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3.
(d) No station may transmit with a transmitter power exceeding 25 W PEP on the VHF 1.25 m band when the control operator is a Novice operator.
(e) No station may transmit with a transmitter power exceeding 5 W PEP on the UHF 23 cm band when the control operator is a Novice operator.
(f) No station may transmit with a transmitter power exceeding 50 W PEP on the UHF 70 cm band from an area specified in footnote US7 to § 2.106 of part 2, unless expressly authorized by the FCC after mutual agreement, on a case-by-case basis, between the District Director of the applicable field facility and the military area frequency coordinator at the applicable military base. An Earth station or telecommand station, however, may transmit on the 435-438 MHz segment with a maximum of 611 W effective radiated power (1 kW
(g) No station may transmit with a transmitter power exceeding 50 W PEP on the 33 cm band from within 241 km of the boundaries of the White Sands Missile Range. Its boundaries are those portions of Texas and New Mexico bounded on the south by latitude 31
(h) No station may transmit with a transmitter power exceeding 50 W PEP on the 219-220 MHz segment of the 1.25 m band.
(a) No more than 1 unit of 1 model of an external RF power amplifier capable of operation below 144 MHz may be constructed or modified during any calendar year by an amateur operator for use at a station without a grant of certification. No amplifier capable of operation below 144 MHz may be constructed or modified by a non-amateur operator without a grant of certification from the FCC.
(b) Any external RF power amplifier or external RF power amplifier kit (see § 2.815 of the FCC Rules), manufactured, imported or modified for use in a station or attached at any station must be certificated for use in the amateur service in accordance with subpart J of part 2 of the FCC Rules. This requirement does not apply if one or more of the following conditions are met:
(1) The amplifier is not capable of operation on frequencies below 144 MHz. For the purpose of this part, an amplifier will be deemed to be incapable of operation below 144 MHz if it is not capable of being easily modified to increase its amplification characteristics below 120 MHz and either:
(i) The mean output power of the amplifier decreases, as frequency decreases from 144 MHz, to a point where 0 dB or less gain is exhibited at 120 MHz; or
(ii) The amplifier is not capable of amplifying signals below 120 MHz even for brief periods without sustaining permanent damage to its amplification circuitry.
(2) The amplifier was manufactured before April 28, 1978, and has been issued a marketing waiver by the FCC, or the amplifier was purchased before April 28, 1978, by an amateur operator for use at that amateur operator's station.
(3) The amplifier was:
(i) Constructed by the licensee, not from an external RF power amplifier kit, for use at the licensee's station; or
(ii) Modified by the licensee for use at the licensee's station.
(4) The amplifier is sold by an amateur operator to another amateur operator or to a dealer.
(5) The amplifier is purchased in used condition by an equipment dealer from an amateur operator and the amplifier is further sold to another amateur operator for use at that operator's station.
(c) Any external RF power amplifier appearing in the Commission's database as certificated for use in the amateur service may be marketed for use in the amateur service.
(a) To receive a grant of certification, the amplifier must satisfy the spurious emission standards of § 97.307(d) or (e) of this part, as applicable, when the amplifier is:
(1) Operated at its full output power;
(2) Placed in the “standby” or “off” positions, but still connected to the transmitter; and
(3) Driven with at least 50 W mean RF input power (unless higher drive level is specified.)
(b) To receive a grant of certification, the amplifier must not be capable of operation on any frequency or frequencies between 24 MHz and 35
(1) Exhibits no more than 6 dB gain between 24 MHz and 26 MHz and between 28 MHz and 35 MHz. (This gain will be determined by the ratio of the input RF driving signal (mean power measurement) to the mean RF output power of the amplifier); and
(2) Exhibits no amplification (0 dB gain) between 26 MHz and 28 MHz.
(c) Certification may be denied when denial would prevent the use of these amplifiers in services other than the amateur service. The following features will result in dismissal or denial of an application for certification:
(1) Any accessible wiring which, when altered, would permit operation of the amplifier in a manner contrary to the FCC Rules;
(2) Circuit boards or similar circuitry to facilitate the addition of components to change the amplifier's operating characteristics in a manner contrary to the FCC Rules;
(3) Instructions for operation or modification of the amplifier in a manner contrary to FCC Rules;
(4) Any internal or external controls or adjustments to facilitate operation of the amplifier in a manner contrary to the FCC Rules;
(5) Any internal RF sensing circuitry or any external switch, the purpose of which is to place the amplifier in the transmit mode;
(6) The incorporation of more gain in the amplifier than is necessary to operate in the amateur service; for purposes of this paragraph, the amplifer must:
(i) Not be capable of achieving designed output power when driven with less than 50 W mean RF input power;
(ii) Not be capable of amplifying the input RF driving signal by more than 15 dB, unless the amplifier has a designed transmitter power of less than 1.5 kW (in such a case, gain must be reduced by the same number of dB as the transmitter power relationship to 1.5 kW; This gain limitation is determined by the ratio of the input RF driving signal to the RF output power of the amplifier where both signals are expressed in peak envelope power or mean power);
(iii) Not exhibit more gain than permitted by paragraph (c)(6)(ii) of this section when driven by an RF input signal of less than 50 W mean power; and
(iv) Be capable of sustained operation at its designed power level;
(7) Any attenuation in the input of the amplifier which, when removed or modified, would permit the amplifier to function at its designed transmitter power when driven by an RF frequency input signal of less than 50 W mean power; or
(8) Any other features designed to facilitate operation in a telecommunication service other than the Amateur Radio Services, such as the Citizens Band (CB) Radio Service.
(a) When normal communication systems are overloaded, damaged or disrupted because a disaster has occurred, or is likely to occur, in an area where the amateur service is regulated by the FCC, an amateur station may make transmissions necessary to meet essential communication needs and facilitate relief actions.
(b) When normal communication systems are overloaded, damaged or disrupted because a natural disaster has occurred, or is likely to occur, in an area where the amateur service is not regulated by the FCC, a station assisting in meeting essential communication needs and facilitating relief actions may do so only in accord with ITU Resolution No. 640 (Geneva, 1979). The 80 m, 75 m, 40 m, 30 m, 20 m, 17 m, 15 m, 12 m, and 2 m bands may be used for these purposes.
(c) When a disaster disrupts normal communication systems in a particular area, the FCC may declare a temporary state of communication emergency. The declaration will set forth any special conditions and special rules to be observed by stations during the communication emergency. A request for a declaration of a temporary state of
(d) A station in, or within 92.6 km of, Alaska may transmit emissions J3E and R3E on the channel at 5.1675 Mhz for emergency communications. The channel must be shared with stations licensed in the Alaska-private fixed service. The transmitter power must not exceed 150 W.
No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.
(a) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance.
(b) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in distress.
(a) No station may transmit in RACES unless it is an FCC-licensed primary, club, or military recreation station and it is certified by a civil defense organization as registered with that organization, or it is an FCC-licensed RACES station. No person may be the control operator of a RACES station, or may be the control operator of an amateur station transmitting in RACES unless that person holds a FCC-issued amateur operator license and is certified by a civil defense organization as enrolled in that organization.
(b) The frequency bands and segments and emissions authorized to the control operator are available to stations transmitting communications in RACES on a shared basis with the amateur service. In the event of an emergency which necessitates the invoking of the President's War Emergency Powers under the provisions of Section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606, RACES stations and amateur stations participating in RACES may only transmit on the following frequency segments:
(1) The 1800-1825 kHz, 1975-2000 kHz, 3.50-3.55 MHz, 3.93-3.98 MHz, 3.984-4.000 MHz, 7.079-7.125 MHz, 7.245-7.255 MHz, 10.10-10.15 MHz, 14.047-14.053 MHz, 14.22-14.23 MHz, 14.331-14.350 MHz, 21.047-21.053 MHz, 21.228-21.267 MHz, 28.55-28.75 MHz, 29.237-29.273 MHz, 29.45-29.65 MHz, 50.35-50.75 MHz, 52-54 MHz, 144.50-145.71 MHz, 146-148 MHz, 2390-2450 MHz segments;
(2) The 1.25 m, 70 cm and 23 cm bands; and
(3) The channels at 3.997 MHz and 53.30 MHz may be used in emergency areas when required to make initial contact with a military unit and for communications with military stations on matters requiring coordination.
(c) A RACES station may only communicate with:
(1) Another RACES station;
(2) An amateur station registered with a civil defense organization;
(3) A United States Government station authorized by the responsible agency to communicate with RACES stations;
(4) A station in a service regulated by the FCC whenever such communication is authorized by the FCC.
(d) An amateur station registered with a civil defense organization may only communicate with:
(1) A RACES station licensed to the civil defense organization with which the amateur station is registered;
(2) The following stations upon authorization of the responsible civil defense official for the organization with which the amateur station is registered:
(i) A RACES station licensed to another civil defense organization;
(ii) An amateur station registered with the same or another civil defense organization;
(iii) A United States Government station authorized by the responsible agency to communicate with RACES stations; and
(iv) A station in a service regulated by the FCC whenever such communication is authorized by the FCC.
(e) All communications transmitted in RACES must be specifically authorized by the civil defense organization for the area served. Only civil defense communications of the following types may be transmitted:
(1) Messages concerning impending or actual conditions jeopardizing the public safety, or affecting the national defense or security during periods of local, regional, or national civil emergencies;
(2) Messages directly concerning the immediate safety of life of individuals, the immediate protection of property, maintenance of law and order, alleviation of human suffering and need, and the combating of armed attack or sabotage;
(3) Messages directly concerning the accumulation and dissemination of public information or instructions to the civilian population essential to the activities of the civil defense organization or other authorized governmental or relief agencies; and
(4) Communications for RACES training drills and tests necessary to ensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such drills and tests may not exceed a total time of 1 hour per week. With the approval of the chief officer for emergency planning in the applicable State, Commonwealth, District or territory, however, such tests and drills may be conducted for a period not to exceed 72 hours no more than twice in any calendar year.
Each applicant must pass an examination for a new amateur operator license grant and for each change in operator class. Each applicant for the class of operator license grant specified below must pass, or otherwise receive examination credit for, the following examination elements:
(a) Amateur Extra Class operator: Elements 1, 2, 3, and 4;
(b) General Class operator: Elements 1, 2, and 3;
(c) Technician Class operator: Element 2.
(a) A telegraphy examination must be sufficient to prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed, using all the letters of the alphabet, numerals 0-9, period, comma, question mark, slant mark, and prosigns AR, BT, and SK. Element 1: 5 words per minute
(b) A written examination must be such as to prove that the examinee possesses the operational and technical qualifications required to perform properly the duties of an amateur service licensee. Each written examination must be comprised of a question set as follows:
(1) Element 2: 35 questions concerning the privileges of a Technician Class operator license. The minimum passing score is 26 questions answered correctly.
(2) Element 3: 35 questions concerning the privileges of a General Class operator license. The minimum passing score is 26 questions answered correctly.
(3) Element 4: 50 questions concerning the privileges of an Amateur Extra Class operator license. The minimum passing score is 37 questions answered correctly.
(a) The administering VEs must give credit as specified below to an examinee holding any of the following license grants or license documents:
(1) An unexpired (or expired but within the grace period for renewal) FCC-
(2) An unexpired (or expired but within the grace period for renewal) FCC-granted General Class operator license grant: Elements 1, 2, and 3.
(3) An unexpired (or expired but within the grace period for renewal) FCC-granted Technician Plus Class operator (including a Technician Class operator license granted before February 14, 1991) license grant: Elements 1 and 2.
(4) An unexpired (or expired but within the grace period for renewal) FCC-granted Technician Class operator license grant: Element 2.
(5) An expired or unexpired FCC-granted Novice Class operator license grant: Element 1.
(6) A CSCE: Each element the CSCE indicates the examinee passed within the previous 365 days.
(7) An unexpired (or expired less than 5 years) FCC-issued commercial radiotelegraph operator license or permit: Element 1.
(8) An expired FCC-issued Technician Class operator license document granted before March 21, 1987: Element 3.
(9) An expired or unexpired FCC-issued Technician Class operator license document granted before February 14, 1991: Element 1.
(b) No examination credit, except as herein provided, shall be allowed on the basis of holding or having held any other license grant or document.
(a) Each telegraphy message and each written question set administered to an examinee must be prepared by a VE holding an Amateur Extra Class operator license. A telegraphy message or written question set may also be prepared for the following elements by a VE holding an operator license of the class indicated:
(1) Element 3: Advanced Class operator.
(2) Elements 1 and 2: Advanced, General, or Technician (including Technician Plus) Class operators.
(b) Each question set administered to an examinee must utilize questions taken from the applicable question pool.
(c) Each telegraphy message and each written question set administered to an examinee for an amateur operator license must be prepared, or obtained from a supplier, by the administering VEs according to instructions from the coordinating VEC.
(d) A telegraphy examination must consist of a message sent in the international Morse code at no less than the prescribed speed for a minimum of 5 minutes. The message must contain each required telegraphy character at least once. No message known to the examinee may be administered in a telegraphy examination. Each 5 letters of the alphabet must be counted as 1 word. Each numeral, punctuation mark and prosign must be counted as 2 letters of the alphabet.
(a) Each examination for an amateur operator license must be administered by a team of at least 3 VEs at an examination session coordinated by a VEC. Before the session, the administering VEs or the VE session manager must ensure that a public announcement is made giving the location and time of the session. The number of examinees at the session may be limited.
(b) Each administering VE must:
(1) Be accredited by the coordinating VEC;
(2) Be at least 18 years of age;
(3) Be a person who holds an amateur operator license of the class specified below:
(i) Amateur Extra, Advanced or General Class in order to administer a Technician Class operator license examination;
(ii) Amateur Extra or Advanced Class in order to administer a General Class operator license examination;
(iii) Amateur Extra Class in order to administer an Amateur Extra Class operator license examination.
(4) Not be a person whose grant of an amateur station license or amateur operator license has ever been revoked or suspended.
(c) Each administering VE must be present and observing the examinee throughout the entire examination. The administering VEs are responsible for the proper conduct and necessary supervision of each examination. The administering VEs must immediately terminate the examination upon failure of the examinee to comply with their instructions.
(d) No VE may administer an examination to his or her spouse, children, grandchildren, stepchildren, parents, grandparents, stepparents, brothers, sisters, stepbrothers, stepsisters, aunts, uncles, nieces, nephews, and in-laws.
(e) No VE may administer or certify any examination by fraudulent means or for monetary or other consideration including reimbursement in any amount in excess of that permitted. Violation of this provision may result in the revocation of the grant of the VE's amateur station license and the suspension of the grant of the VE's amateur operator license.
(f) No examination that has been compromised shall be administered to any examinee. Neither the same telegraphy message nor the same question set may be re-administered to the same examinee.
(g) Passing a telegraphy receiving examination is adequate proof of an examinee's ability to both send and receive telegraphy. The administering VEs, however, may also include a sending segment in a telegraphy examination.
(h) Upon completion of each examination element, the administering VEs must immediately grade the examinee's answers. The administering VEs are responsible for determining the correctness of the examinee's answers.
(i) When the examinee is credited for all examination elements required for the operator license sought, 3 VEs must certify that the examinee is qualified for the license grant and that the VEs have complied with these administering VE requirements. The certifying VEs are jointly and individually accountable for the proper administration of each examination element reported. The certifying VEs may delegate to other qualified VEs their authority, but not their accountability, to administer individual elements of an examination.
(j) When the examinee does not score a passing grade on an examination element, the administering VEs must return the application document to the examinee and inform the examinee of the grade.
(k) The administering VEs must accommodate an examinee whose physical disabilities require a special examination procedure. The administering VEs may require a physician's certification indicating the nature of the disability before determining which, if any, special procedures must be used.
(l) The administering VEs must issue a CSCE to an examinee who scores a passsing grade on an examination element.
(m) Within 10 days of the administration of a successful examination for an amateur operator license, the administering VEs must submit the application document to the coordinating VEC.
Each examinee must comply with the instructions given by the administering VEs.
(a) A VE session manager may be selected by the VE team for each examination session. The VE session manager must be accredited as a VE by the same VEC that coordinates the examination session. The VE session manager may serve concurrently as an administering VE.
(b) The VE session manager may carry on liaison between the VE team and the coordinating VEC.
(c) The VE session manager may organize activities at an examination session.
(a) A VEC must coordinate the efforts of VEs in preparing and administering examinations.
(b) At the completion of each examination session, the coordinating VEC must collect applicant information and tests results from the administering VEs. Within 10 days of collection, the coordinating VEC must:
(1) Screen collected information;
(2) Resolve all discrepancies and verify that the VE's certifications are properly completed; and
(3) For qualified examinees, forward electronically all required data to the FCC. All data forwarded must be retained for at least 15 months and must be made available to the FCC upon request.
(c) Each VEC must make any examination records available to the FCC, upon request
(d) The FCC may:
(1) Administer any examination element itself;
(2) Readminister any examination element previously administered by VEs, either itself or under the supervision of a VEC or VEs designated by the FCC; or
(3) Cancel the operator/primary station license of any licensee who fails to appear for readministration of an examination when directed by the FCC, or who does not successfully complete any required element that is readministered. In an instancce of such cancellation, the person will be granted an operator/primary station license consistent with completed examination elements that have not been invalidated by not appearing for, or by failing, the examination upon readministration.
No organization may serve as a VEC unless it has entered into a written agreement with the FCC. The VEC must abide by the terms of the agreement. In order to be eligible to be a VEC, the entity must:
(a) Be an organization that exists for the purpose of furthering the amateur service;
(b) Be capable of serving as a VEC in at least the VEC region (see appendix 2) proposed;
(c) Agree to coordinate examinations for any class of amateur operator license;
(d) Agree to assure that, for any examination, every examinee qualified under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service organization;
All VECs must cooperate in maintaining one question pool for each written examination element. Each question pool must contain at least 10 times the number of questions required for a single examination. Each question pool must be published and made available to the public prior to its use for making a question set. Each question on each VEC question pool must be prepared by a VE holding the required FCC-issued operator license. See § 97.507(a) of this part.
(a) No VEC may accredit a person as a VE if:
(1) The person does not meet minimum VE statutory qualifications or minimum qualifications as prescribed by this part;
(2) The FCC does not accept the voluntary and uncompensated services of the person;
(3) The VEC determines that the person is not competent to perform the VE functions; or
(4) The VEC determines that questions of the person's integrity or honesty could compromise the examinations.
(b) Each VEC must seek a broad representation of amateur operators to be VEs. No VEC may discriminate in accrediting VEs on the basis of race, sex, religion or national origin; nor on the basis of membership (or lack thereof) in an amateur service organization; nor
(a) VEs and VECs may be reimbursed by examinees for out-of-pocket expenses incurred in preparing, processing, administering, or coordinating an examination for an amateur operator license.
(b) The maximum amount of reimbursement from any one examinee for any one examination at a particular session regardless of the number of examination elements taken must not exceed that announced by the FCC in a Public Notice. (The basis for the maximum fee is $4.00 for 1984, adjusted annually each January 1 thereafter for changes in the Department of Labor Consumer Price Index.)
In ITU Region 2, the amateur service is regulated by the FCC within the territorial limits of the 50 United States, District of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas.
In ITU Region 3, the amateur service is regulated by the FCC within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes).
47 U.S.C. 154, 303, 335, 309 and 554.
(a) The rules following in this part are promulgated pursuant to the provisions of Title III of the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission to regulate radio transmissions and to issue licenses for radio stations.
(b) The purpose of this part is to prescribe the manner in which parts of the radio frequency spectrum may be made available for the development of interim direct broadcast satellite service. Interim direct broadcast satellite systems shall be granted licenses pursuant to these interim rules during the period prior to the adoption of permanent rules. The Direct Broadcast Satellite Service shall operate in the frequency band 12.2-12.7 GHz.
(a) DBS providers are subject to the public interest obligations set forth in paragraphs (b) and (c) of this section. For purposes of this rule, DBS providers are any of the following:
(1) Entities licensed pursuant to 47 CFR part 100; or
(2) Entities licensed pursuant to part 25 of this chapter that operate satellites in the Ku-band fixed satellite service and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so that four percent of the total applicable programming channels yields a set-aside of at least one channel of non-commercial programming pursuant to paragraph (c) of this section, or
(3) Non-U.S. licensed satellite operators in the Ku-band that offer video programming directly to consumers in the United States pursuant to an earth station license issued under part 25 of this title and that offer in a sufficient number of channels to consumers so that four percent of the total applicable programming channels yields a set-aside of one channel of non-commercial programming pursuant to paragraph (c) of this section,
(b)
(2)
(c)
(2)
(i) A noncommercial educational broadcast station as defined in § 397(6) of the Communications Act of 1934, as amended,
(ii) A public telecommunications entity as defined in § 397(12) of the Communications Act of 1934, as amended,
(iii) An accredited nonprofit educational institution or a governmental organization engaged in the formal education of enrolled students (A publicly supported educational institution must be accredited by the appropriate
(iv) A nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and governmental organizations.
(v) Other noncommercial entities with an educational mission.
(3)
(ii) A DBS operator may not require the programmers it selects to include particular programming on its channels.
(iii) A DBS operator may not alter or censor the content of the programming provided by the qualified programmer using the channels reserved pursuant to this section.
(4)
(5)
(ii) Rates for capacity reserved under paragraph (c)(1) of this section shall not exceed 50 percent of the direct costs as defined in this section.
(iii) Nothing in this section shall be construed to prohibit DBS providers from negotiating rates with qualified programmers that are less than 50 percent of direct costs or from paying qualified programmers for the use of their programming.
(iv) DBS providers shall reserve discrete channels and offer these to qualifying programmers at consistent times to fulfill the reservation requirement described in these rules.
(6)
(A) Quarterly measurements of channel capacity and yearly average calculations on which it bases its four percent reservation, as well as its response to any capacity changes;
(B) A record of entities to whom noncommercial capacity is being provided, the amount of capacity being provided to each entity, the conditions under which it is being provided and the rates, if any, being paid by the entity;
(C) A record of entities that have requested capacity, disposition of those requests and reasons for the disposition; and
(D) A record of all requests for political advertising time and the disposition of those requests.
(ii) All records required by this paragraph shall be placed in a file available to the public as soon as possible and shall be retained for a period of two years.
(7)
At 64 FR 5956, Feb. 8, 1999, § 100.5 was added, effective June 15, 1999, except for paragraph (c)(6) which contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
An authorization for operation of a station in the Direct Broadcast Satellite Service shall not be granted to or held by:
(a) Any alien or the representative of any alien;
(b) Any foreign government or the representative thereof;
(c) Any corporation organized under the laws of any foreign government;
(d) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country; or
(e) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representatives thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
(a) Each application for an interim direct broadcast satellite system shall include a showing describing the type of service that will be provided, the technology that will be employed, and all other pertinent information. The application may be presented in narrative format.
(b) Applicants may request specific frequencies and orbital positions. However, frequencies and orbital positions shall not be assigned until completion of the 1983 Region 2 Administrative Radio Conference for the Broadcasting-Satellite Service. The Commission shall generally consider all frequencies and orbital positions to be of equal value, and conflicting requests for frequencies and orbital positions will not necessarily give rise to comparative hearing rights as long as unassigned frequencies and orbital slots remain.
(a) Each application for an interim direct broadcast satellite system shall be placed on public notice for 45 days, during which time interested parties may file comments and petitions related to the application.
(b) A 45 day cut-off period shall also be established for the filing of applications to be considered in conjunction with the original application. Additional applications filed before the cut-off date shall be considered to have equal priority with the original application and shall be considered together in the assignment of frequencies and orbital positions. If applications have included requests for particular frequencies or orbital positions, the cut-off date shall be considered in establishing the priority of such requests.
(c) Each application for an interim direct broadcast satellite system, after the public comment period and staff review, shall be acted upon by the Commission to determine if authorization of the proposed system is in the public interest.
(a) Licenses for non-broadcast facilities governed by this part will be issued for a period of ten (10) years. Licenses for broadcast facilities governed by this part will be issued for a period of five (5) years.
(b) [Reserved]
(a) All persons granted DBS authorizations shall proceed with diligence in constructing DBS systems. Permittees shall be required to complete contracting for construction of the satellite station(s) within one year of the grant of the construction permit. The satellite stations shall also be required to be in operation within six years of the construction permit grant.
(b) In addition to the requirements stated in paragraph (a) of this section, all persons who receive new or additional DBS construction permits after January 19, 1996 shall complete construction of the first satellite in their respective DBS systems within four years of the grant of the construction permit. All satellite stations in such a DBS system shall be in operation within six years of the grant of the construction permit.
(c) DBS permittees and licensees shall be required to proceed consistent with all applicable due diligence obligations, unless otherwise determined
Prior to the 1983 Regional Administrative Radio Conference for the Broadcasting-Satellite Service, interim direct broadcast satellite systems shall be operated in accordance with the sharing criteria and technical characteristics contained in Annexes 8 and 9 of the Final Acts of the World Administrative Radio Conference for the Planning of the Broadcasting-Satellite Service in Frequency Bands 11.7-12.2 GHz (in Regions 2 and 3) and 11.7-12.5 GHz (in Region 1), Geneva, 1977;
(a)
(b)
(1) Define the responsibility of each level of management to ensure a positive application and vigorous enforcement of the policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance.
(2) Inform its employees and recognized employee organizations of the positive equal employment opportunity policy and program and enlist their cooperation.
(3) Communicate the station's equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, or sex, and solicit their recruitment assistance on a continuing basis.
(4) Conduct a continuing campaign to exclude every form of prejudice or discrimination based upon race, color, religion, national origin, or sex from the station's personnel policies and practices and working conditions.
(5) Conduct 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 in the station.
(c) Applicants for a construction permit for a new facility, for authority to obtain assignment of the construction permit or license of such a station, for authority to acquire control of an entity holding such construction permit or license, (other than pro forma or involuntary assignments of transfers) and for renewal of license, shall file with the FCC programs designed to provide equal employment opportunities for American Indians and Alaskan Natives; Asians and Pacific Islanders; Blacks, not of Hispanic origin; Hispanics; and women, or amendments to such programs. Guidelines for the preparation of such programs are set forth in Forms 396 and 396A. A program need not be filed by an applicant who employs or proposes to employ less than five full-time employees. Additionally, a program for minority group members need not be filed if minorities constitute less than five percent, in the
(d) Each licensee or permittee with five or more full-time employees shall file an annual employment report with the FCC on or before May 31 of each year on FCC Form 395.
(e) Notwithstanding other EEO provisions within these rules, an entity that uses an owned or leased DBS facility operating under this part to provide more than one channel of video programming directly to the public must comply with the equal employment opportunity requirements set forth in part 76, subparts E and U of this chapter, if such entity exercises control (as defined in part 76, subparts E and U of this chapter) over the video programming it distributes.
At 65 FR 53624, Sept. 5, 2000, § 100.51 was amended by removing “part 76, subpart E” and adding “part 76, subparts E and U”, effective Oct. 5, 2000.
(a) Those holding DBS permits or licenses as of January 19, 1996 must either:
(1) Provide DBS service to Alaska and Hawaii from one or more orbital locations before the expiration of their current authorizations; or
(2) Relinquish their western DBS orbital/channel assignments at the following orbital locations: 148° W.L., 157°W.L., 166° W.L., and 175° W.L.
(b) Those acquiring DBS authorizations after January 19, 1996 must provide DBS service to Alaska and Hawaii where such service is technically feasible from the acquired orbital location.
Mutually exclusive initial applications to provide DBS service are subject to competitive bidding procedures. The general competitive bidding procedures found in part 1, subpart Q of this chapter, will apply unless otherwise provided in this part.
(a) The Commission will employ the following competitive bidding designs when choosing from among mutually exclusive initial applications to provide DBS service:
(1) Single round sealed bid auctions (either sequential or simultaneous);
(2) Sequential oral auctions;
(3) Combined sealed bid-oral auctions;
(4) Sequential multiple round electronic auctions; or
(5) Simultaneous multiple round auctions.
(b) The Wireless Telecommunications Bureau may design and test alternative procedures. The Wireless Telecommunications Bureau will announce by Public Notice before each auction the competitive bidding design to be employed in a particular auction.
(c) The Wireless Telecommunications Bureau may use combinatorial bidding, which would allow bidders to submit all or nothing bids on combinations of construction permits, in addition to bids on individual construction permits. The Commission may require that to be declared the high bid, a combinatorial bid must exceed the sum of the individual bids by a specified amount. Combinatorial bidding may be used with any type of auction design.
(d) The Wireless Telecommunications Bureau may use single combined auctions, which combine bidding for two
(a)
(b)
(c)
(d)
(e)
(a) When the Commission conducts a sequential multiple round electronic auction or simultaneous multiple round auction pursuant to § 100.72, the Wireless Telecommunications Bureau will impose payments on a bidder who withdraws a high bid during the course of the auction, who defaults on payments due, or who is disqualified.
(b) A bidder who withdraws a high bid during the course of such an auction will be assessed a payment equal to the difference between the amount bid and the amount of the winning bid the next time the construction permit is offered for auction by the Commission. No withdrawal payment will be assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount will be deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission.
(c) If a high bidder defaults or is disqualified after the close of such an auction, the defaulting bidder will be subject to the payment in paragraph (b) of this section plus an additional payment equal to three (3) percent of the subsequent winning bid. If the subsequent winning bid exceeds the defaulting bidder's bid amount, the 3 percent payment will be calculated based on the defaulting bidder's bid amount. These amounts will be deducted from any upfront payments or down payments that the defaulting or disqualified bidder has deposited with the Commission.
(d) When the Commission conducts a sequential multiple round electronic auction, the Wireless Telecommunications Bureau will bar a bidder who withdraws a bid from continued participation in the auction of the withdrawn construction permit. When the Commission conducts any other type of
(e) When the Commission conducts any type of auction other than those provided for in paragraphs (a), (b), (c), and (d) of this section, the Wireless Telecommunications Bureau may modify the payments to be paid in the event of bid withdrawal, default or disqualification; provided, however, that such payments shall not exceed the payments specified above.
All applicants to participate in competitive bidding for DBS construction permits must submit applications on FCC Form 175 pursuant to the provisions of § 1.2105 of this chapter. The Wireless Telecommunications Bureau will issue a Public Notice announcing the availability of DBS construction permits and the date of the auction for those construction permits. This Public Notice also will specify the date on or before which applicants intending to participate in a DBS auction must file their applications in order to be eligible for that auction, and it will contain information necessary for completion of the application as well as other important information such as any upfront payment that must be submitted, and the location where the application must be filed.
(a) Bidders in DBS auctions will be required to submit an upfront payment in accordance with § 1.2106 of this chapter, the amount of which will be announced by Public Notice prior to each auction.
(b) Winning bidders in a DBS auction must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten (10) business days of the announcement of winning bidders.
Each winning bidder will be required to submit the information described in §§ 100.13, 100.21, and 100.51 within thirty (30) days after being notified by Public Notice that it is the winning bidder. Each winner also will be required to file, by the same deadline, a signed statement describing its efforts to date and future plans to come into compliance with any applicable spectrum limitations, if it is not already in compliance. Such information shall be submitted pursuant to the procedures set forth in § 100.13 and any associated Public Notices. Only auction winners will be eligible to file applications for DBS construction permits in the event of mutual exclusivity between applicants filing a short-form application.
(a) Each winning bidder will be required to pay the balance of its winning bid in a lump sum payment within five (5) business days following Public Notice that the construction permit is ready for grant.
(b) A bidder who withdraws its bid during the course of an auction, defaults on a payment due, or is disqualified, will be subject to the payments specified in § 100.74.
(a) Bidders are required to identify on their short-form applications any parties with whom they have entered into any consortium arrangements, joint ventures, partnerships or other agreements or understandings which relate in any way to the competitive bidding process. Bidders are also required to certify on their short-form applications that they have not entered into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified, regarding the amount of their bid, bidding strategies or the particular properties on which they will or will not bid.
(b)(1) Except as provided in paragraphs (b)(2), (b)(3) and (b)(4) of this section, after the filing of short-form applications, all applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner
(2) Applicants may modify their short-form applications to reflect formation of consortia or changes in ownership at any time before or during an auction, provided that such changes do not result in a change in control of the applicant, and provided that the parties forming consortia or entering into ownership agreements have not applied for construction permits that may be used to serve the same or overlapping geographic areas. Such changes will not be considered major modifications of the application.
(3) After the filing of short-form applications, applicants may make agreements to bid jointly for construction permits, provided that the parties to the agreement have not applied for construction permits that may be used to serve the same or overlapping geographic areas.
(4) After the filing of short-form applications, a holder of a non-controlling attributable interest in an entity submitting a short-form application may acquire an ownership interest in, form a consortium with, or enter into a joint bidding arrangement with, other applicants for construction permits that may be used to serve the same or overlapping geographic areas, provided that:
(i) The attributable interest holder certifies to the Commission that it has not communicated and will not communicate with any party concerning the bids or bidding strategies of more than one of the applicants in which it holds an attributable interest, or with which it has a consortium or joint bidding arrangement, and which have applied for construction permits that may be used to serve the same or overlapping geographic areas; and
(ii) The arrangements do not result in any change in control of an applicant.
(5) Applicants must modify their short-form applications to reflect any changes in ownership or in the membership of consortia or joint bidding arrangements.
(c) Winning bidders are required to submit a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement they have entered into relating to the competitive bidding process prior to the close of bidding. Such arrangements must have been entered into prior to the filing of short-form applications pursuant to paragraphs (a) and (b) of this section.
Any entity that acquires a DBS license through competitive bidding, and seeks to transfer that license within six years of the initial license grant, must file, together with its application for FCC consent to the transfer, the associated contracts for sale, option agreements, management agreements, or other documents disclosing the total consideration received in return for the transfer of its license. The information submitted must include not only a monetary purchase price, but also any future, contingent, in-kind, or other consideration.
47 U.S.C. 154, 303.
(a) Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the fixed microwave services.
(b) The purpose of the rules in this part is to prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, and Local Multipoint Distribution Service fixed, microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf.
(c) The rules in this part are issued pursuant to the authority contained in Titles I through III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to regulate common carriers of interstate and foreign communications, to regulate radio transmissions and issue licenses for radio stations, and to regulate all interstate and foreign communications by wire and radio necessary to the accomplishment of the purposes of the Act.
As used in this part:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space.
The frequency tolerance is expressed as a percentage or in Hertzs.
(1) A common carrier land mobile or airborne station and a landline telephone station connected to a public message landline telephone system;
(2) Two common carrier land mobile stations;
(3) Two common carrier airborne stations;
(4) A common carrier land mobile station and a common carrier airborne station.
(1)
(2)
(3)
The percentage of the total power outside the occupied bandwidth is represented by B.
(a) All systems subject to parts 21 and 94 of this chapter in effect as of July 31, 1996, which are licensed or which are proposed in an application on file, as of July 31, 1996, are subject to the requirements under part 21 or part 94 of this chapter as contained in the CFR edition revised as of October 1, 1995 and amended in the
(b) For purposes of this section, a “system” shall include:
(1) The originally licensed system;
(2) Any modification to the original system involving a change in antenna azimuth, antenna beam width, channel loading, emission, station location, antenna height, authorized power, or authorized frequencies;
(3) Additional links constructed to complete an integrated communications network; or
(4) Operationally connecting new facilities and/or frequencies.
(c) All radio frequency devices authorized pursuant to part 2 of this chapter as being in compliance with applicable part 21 or part 94 of this chapter in effect as of July 31, 1996, requirements can be used indefinitely
(a) [Reserved]
(b) A separate application form must be filed electronically via ULS for each Digital Electronic Message Service (DEMS) Nodal Station. No license is required for a DEMS User Station. Authority for a DEMS Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 601 filed for the DEMS Nodal Station.
(c) [Reserved]
(d) For stations authorized under subpart H (Private Operational Fixed Point-to-Point Microwave Service), subpart I (Common Carrier Fixed Point-to-Point Microwave Service), and subpart L of this part (Local Multipoint Distribution Service), construction of new or modified stations may be initiated prior to grant of an authorization. As a condition to commencing construction under this paragraph (d), the Commission may, at any time and without hearing or notice, prohibit such construction for any reason. Any construction conducted under this paragraph is at the applicant's sole risk.
(a) A station license may not be granted to or held by a foreign government or by a representative of a foreign government.
(b) In the Common Carrier service, a station license may not be granted or held by:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign government;
(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country; or
(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 or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
(a) All 38.6-40.0 GHz band licensees must demonstrate substantial service at the time of license renewal. A licensee's substantial service showing should include, but not be limited to, the following information for each channel for which they hold a license, in each EA or portion of an EA covered by their license, in order to qualify for renewal of that license. The information provided will be judged by the Commission to determine whether the licensee is providing service which rises to the level of “substantial.”
(1) A description of the 38.6-40.0 GHz band licensee's current service in terms of geographic coverage;
(2) A description of the 38.6-40.0 GHz band licensee's current service in terms of population served, as well as any additional service provided during the license term;
(3) A description of the 38.6-40.0 GHz band licensee's investments in its system(s) (type of facilities constructed and their operational status is required);
(b) Any 38.6-40.0 GHz band licensees adjudged not to be providing substantial service will not have their licenses renewed.
Applications, except FCC Form 175, must contain all technical information required by the application form and any additional information necessary
(a) [Reserved]
(b) Each application for a developmental authorization must be accompanied by pertinent supplemental information as required by § 101.411 of this part in addition to such information as may be specifically required by this section.
(c)-(d) [Reserved]
(e) Each application in the Private Operational Fixed Point-to-Point Microwave Service and the Common Carrier Fixed Point-to-Point Microwave Service must include the following information:
The position location of antenna sites shall be determined to an accuracy of no less than
(f) All applicants for regular authorization must, before filing an application, major amendments to a pending application, or modifications to a license, prior coordinate the proposed frequency usage with existing users in the area and other applicants with previously filed applications in accordance with the procedures in § 101.103. In those frequency bands shared with the communication-satellite service, an applicant for a new station, for new points of communication, for the initial frequency assignment in a shared band for which coordination has not been previously effected, or for authority to modify the emission or radiation characteristics of an existing station in a manner that may increase the likelihood of harmful interference, must ascertain in advance whether the station(s) involved lie within the great circle coordination distance contours of an existing Earth station or one for which an application has been accepted for filing, and must coordinate his proposal with each such Earth station operator or applicant. For each potential interference path, the applicant must perform the computations required to determine that the expected level of interference to or from the terrestrial station does not exceed the maximum permissible interference power level in accordance with the technical standards and requirements of § 25.251 of this chapter. The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with part 25 of this chapter, showing that harmful interference will not likely result from the proposed operation. (Technical characteristics of the Earth stations on file and coordination contour maps for those Earth stations will be kept on file for public inspection in the offices of the Commission's International Bureau in Washington, DC.)
(g) Each application in the Local Multipoint Distribution Service must contain all technical information required by FCC Form 601 and any other applicable form or associated Public Notices and by any applicable rules in this part.
Waiver of these rules may be granted upon application or on the Commission's own motion in accordance with § 1.925 of this chapter.
(a)
(i) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6 month period;
(ii) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and
(iii) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125.
(2) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters.
(3) Except for operations in the 17.8-19.7 GHz band, the licensee of stations which are authorized pursuant to the provisions of paragraph (a) of this section shall notify the Commission at least five (5) days prior to installation of the facilities stating:
(i) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s);
(ii) The maintenance location for the transmitter;
(iii) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities;
(iv) The exact frequency or frequencies to be used;
(v) The public interest, convenience and necessity to be served by operation of the proposed installation;
(vi) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly shall be given to the Commission;
(vii) A notification shall include compliance with the provisions of §§ 101.21(e) and 101.21(f) when operations are to be conducted in the area of other terrestrial microwave stations or within the coordination distance contours of a fixed earth station; and
(viii) Where the notification contemplates initially a service which is to be rendered for a period longer than 90 days, the notification shall contain a showing as to why application should not be made for regular authorization.
(4) Less than 5 days advance notice may be given when circumstances require shorter notice provided such notice is promptly given and the reasons in support of such shorter notice are stated.
(5) A copy of the notification shall be kept with the station license.
(6) Operations in the 17.8-19.7 GHz band are prohibited in the areas defined in § 1.924 of this chapter. Operations proposed in the areas defined in § 1.924 of this chapter may not commence without prior specific notification to, and authorization from, the Commission. Such notification will contain the information specified in paragraph (a)(3) of this section.
(b)
(i) The frequency coordination procedures of § 101.103 have been successfully completed;
(ii) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC;
(iii) The grant of the application(s) does not require a waiver of the Commission's rules:
(iv) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter;
(v) The station site does not lie within 56.3 kilometers of any international border, within a radio “Quiet Zone” identified in § 1.924 of this chapter or, if operated on frequencies in the 17.8-19.7 GHz band, within any of the areas identified in § 1.924 of this chapter;
(vi) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions:
(vii) The filed application(s) does not propose to operate in the 21.2-23.6 GHz band with an E.R.P. greater than 55 dBm pursuant to § 101.147(s); and
(viii) The filed application(s) is consistent with the proposal that was coordinated pursuant to § 101.103.
(2) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing.
(3) A conditional authorization pursuant to paragraphs (b)(1) and (b)(2) of this section is evidenced by retaining the original executed conditional licensing Certification Form with the station records. Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its application(s).
(4) The Certification Form, or a copy thereof, must be posted at each station
(a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” exists when the levels of § 101.105 are exceeded, or when there is a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict.
(b) A common carrier application, except in the Local Multipoint Distribution Service, will be entitled to comparative consideration with one or more conflicting applications only if:
(1) The application is mutually exclusive with the other application; and
(2) The application is received by the Commission in a condition acceptable for filing by whichever “cut-off” date is earlier:
(i) Sixty (60) days after the date of the public notice listing the first of the conflicting applications as accepted for filing; or
(ii) One (1) business day preceding the day on which the Commission takes final action on the previously filed application (should the Commission act upon such application in the interval between thirty (30) and sixty (60) days after the date of its public notice).
(c) Whenever three or more applications are mutually exclusive, but not uniformly so, the earliest filed application established the date prescribed in paragraph (b)(2) of this section, regardless of whether or not subsequently filed applications are directly mutually exclusive with the first filed application. (For example, applications A, B, and C are filed in that order. A and B are directly mutually exclusive, B and C are directly mutually exclusive. In order to be considered comparatively with B, C must be filed within the “cut-off” period established by A even though C is not directly mutually exclusive with A.)
(d) Private operational fixed point-to-point microwave applications for authorization under this part will be entitled to comparative consideration with one or more conflicting applications in accordance with the provisions of § 1.227(b)(4) of this chapter.
(e) An application otherwise mutually exclusive with one or more previously filed applications, but filed after the appropriate date prescribed in paragraphs (b) or (d) of this section, will be returned without prejudice and will be eligible for refiling only after final action is taken by the Commission with respect to the previously filed application (or applications).
(f) For purposes of this section, any application (whether mutually exclusive or not) will be considered to be a newly filed application if it is amended by a major amendment (as defined by § 1.929 of this chapter), except under any of the following circumstances:
(1) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 101.51 of this part), and the Commission or the presiding officer accepts the amendment pursuant to § 1.927 of this chapter;
(2) The amendment resolves frequency conflicts with authorized stations or other pending applications which would otherwise require resolution by hearing or by comparative evaluation pursuant to § 101.51 provided that the amendment does not create new or additional frequency conflicts;
(3) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest, and for which a requested exemption from the “cut-off” requirements of this section is granted;
(4) The amendment reflects only a change in ownership or control which results from an agreement under § 1.935 of this chapter whereby two or more applicants entitled to comparative consideration of their applications join in
(5) The amendment corrects typographical, transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts; or
(6) The amendment does not create new or increased frequency conflicts, and is demonstrably necessitated by events which the applicant could not have reasonably foreseen at the time of filing, such as, for example:
(i) The loss of a transmitter or receiver site by condemnation, natural causes, or loss of lease or option;
(ii) Obstruction of a proposed transmission path caused by the erection of a new building or other structure; or
(iii) The discontinuance or substantial technological obsolescence of specified equipment, whenever the application has been pending before the Commission for two or more years from the date of its filing.
(g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a frequency pair. Applicants for these bands may select an unpaired frequency only upon a showing that spectrum efficiency will not be impaired and that unpaired spectrum is not available in other bands. During the initial filing window, frequency coordination is not required, except that an application for a frequency in the 942-944 MHz band must be coordinated to ensure that it does not affect an existing broadcast auxiliary service licensee. After the initial filing window, an applicant must submit evidence that frequency coordination has been performed with all licensees affected by the application. All frequency coordination must be performed in accordance with § 101.103. In the event of mutually exclusive applications occurring during the initial filing window for the 932.5-935/941.5-944 MHz bands, applicants shall be given theopportunity to resolve these situations by applying for an alternative frequency pair, if one is available. To the extent that there are no other available frequencies or to the extent that mutually exclusive applications remain after this process is concluded, lotteries shall be conducted for each frequency pair among all remaining mutually exclusive applications, assuming appropriate coordination with existing broadcast auxiliary stations can be concluded, where necessary. In the event of mutually exclusive applications being received for these bands on the same day after the initial filing window has closed and a subsequent filing window opened, lotteries shall be conducted for each frequency pair among all mutually exclusive applications.
(a) In order to expedite action on mutually exclusive applications in services under this rules part where neither competitive bidding nor the random selection processes apply, the applicants may request the Commission to consider their applications without a formal hearing in accordance with the summary procedure outlined in paragraph (b) in this section if:
(1) The applications are entitled to comparative consideration pursuant to § 101.45;
(2) The applications have not been designated for formal evidentiary hearing; and
(3) The Commission determines, initially or at any time during the procedure outline in paragraph (b) of this section, that such procedure is appropriate, and that, from the information submitted and consideration of such other matters as may be officially noticed, there are no substantial and material questions of fact, presented (Other than those relating to the comparative merits of the applications) which would preclude a grant under § 1.915 of this chapter.
(b) Provided that the conditions of paragraph (a) of this section are satisfied, applicants may request the Commission to act upon their mutually exclusive applications without a formal hearing pursuant to the summary procedure outlined below:
(1) To initiate the procedure, each applicant will submit to the Commission a written statement containing:
(i) A waiver of the applicant's right to a formal hearing;
(ii) A request and agreement that, in order to avoid the delay and expense of a comparative formal hearing, the Commission should exercise its judgment to select from among the mutually exclusive applications that proposal (or proposals) which would best serve the public interest; and
(iii) The signature of a principal (and the principal's attorney if represented).
(2) After receipt of the written requests of all of the applicants the Commission (if it deems this procedure appropriate) will issue a notice designating the comparative criteria upon which the applications are to be evaluated and will request each applicant to submit, within a specified period of time, additional information concerning the applicant's proposal relative to the comparative criteria.
(3) Within thirty (30) days following the due date for filing this information, the Commission will accept concise and factual argument on the competing proposals from the rival applicants, potential customers, and other knowledgeable parties in interest.
(4) Within fifteen (15) days following the due date for the filing of comments, the Commission will accept concise and factual replies from the rival applicants.
(5) From time to time during the course of this procedure the Commission may request additional information from the applicants and hold informal conferences at which all competing applicants will have the right to be represented.
(6) Upon evaluation of the applications, the information submitted, and such other matters as may be officially noticed the Commission will issue a decision granting one (or more) of the proposals which it concludes would best serve the public interest, convenience and necessity. The decision will report briefly and concisely the reasons for the Commission's selection and will deny the other application(s). This decision will be considered final.
(a) Except as provided for in paragraph (d) of this section, licenses may not be assigned or transferred prior to the completion of construction of the facility. However, consent to the assignment or transfer of control of such a license may be given prior to the completion of construction where:
(1) The assignment or transfer does not involve a substantial change in or ownership or control of the authorized facilities; or
(2) The assignment or transfer of control is involuntary due to the licensee's bankruptcy, death, or legal disability.
(b) [Reserved]
(c) At its discretion, the Commission may require the submission of an affirmative, factual showing (supported by affidavits of a person or persons with personal knowledge thereof) to demonstrate that the proposed assignor or transferor has not acquired an authorization or operated a station for the principal purpose of profitable sale rather than public service. This showing may include, for example, a demonstration that the proposed assignment or transfer is due to changed circumstances (described in detail) affecting the licensee subsequent to the acquisition of the license, or that the proposed transfer of radio facilities is incidental to a sale of other facilities or merger of interests.
(d) If a proposed transfer of radio facilities is incidental to a sale or other facilities or merger of interests, the showing specified under paragraph (c) of this section shall be submitted and include an additional exhibit that:
(1) Discloses complete details as to the sale of facilities or merger of interests;
(2) Segregates clearly by an itemized accounting, the amount of consideration involved in the sale of facilities or merger of interests; and
(3) Demonstrates that the amount of consideration assignable to the facilities or business interests involved represents their fair market value at the time of the transaction.
(e) For the purposes of this section, the one year period is calculated using the following dates (as appropriate):
(1) The initial date of grant of the license, excluding subsequent modifications;
(2) The date of consummation of an assignment or transfer, if the station is acquired as the result of an assignment of license, or transfer of control of corporate licensee; or
(3) The median date of the applicable commencement dates (determined pursuant to paragraphs (e)(1) and (2) of this section) if the transaction involves a system (such as a Private Operational Fixed Point-to-Point Microwave system) of two or more stations. (The median date is that date so selected such that fifty percent of the commencement dates of the total number of stations, when arranged in chronological order, lie below it and fifty percent lie above it. When the number of stations is an even number, the median date will be a value half way between the two dates closest to the theoretical median.)
(a)(1) The holder of an EA authorization to provide service pursuant to the competitive bidding process and any incumbent licensee of rectangular service areas in the 38.6-40.0 GHz band may enter into agreements with eligible parties to partition any portion of its service area as defined by the partitioner and partitionee. Alternatively, licensees may enter into agreements or contracts to disaggregate any portion of spectrum, provided acquired spectrum is disaggregated according to frequency pairs.
(2)(i) Contracts must be filed with the Commission within 30 days of the date that such agreements are reached.
(ii) The contracts must include descriptions of the areas being partitioned or spectrum disaggregated. The partitioned service area shall be defined by coordinate points at every 3 seconds along the partitioned service area unless an FCC recognized service area is utilized (i.e., Metropolitan Service Area or Rural Service Area) or county lines are followed. If geographic coordinate points are used, they must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area.
(b) The eligibility requirements applicable to EA authorization holders also apply to those individuals and entities seeking partitioned or disaggregated spectrum authorizations.
(c) Subsequent to issuance of the authorization for a partitioned service area, the partitioned area will be treated as a separate protected service area.
(d)(1) When any area within an EA becomes a partitioned service area, the remaining counties and geopolitical subdivision within that EA will be subsequently treated and classified as a partitioned service area.
(2) At the time an EA is partitioned, the Commission shall cancel the EA authorization initially issued and issue a partitioned service area authorization to the former EA authorization holder.
(e) At the time a BTA is partitioned, the Commission shall cancel the BTA authorization initially issued and issue a partitioned service area authorization to the former BTA authorization holder.
(f) The duties and responsibilities imposed upon EA authorization holders in this part, apply to those licensees obtaining authorizations by partitioning or spectrum disaggregation.
(g) The build-out requirements for the partitioned service area or disaggregated spectrum shall be the
(h) The license term for the partitioned service area or disaggregated spectrum shall be the remainder of the period that would apply to the EA authorization holder.
(i) Licensees, including those using bidding credits in a competitive bidding procedure, shall have the authority to partition service areas or disaggregate spectrum. Licensees who utilize bidding credits must comply with the requirements set forth in § 1.2111 (d) and (e).
At 64 FR 59664, Nov. 3, 1999, in § 101.56, paragraphs (d)(1) and (2) were redesignated as (d) and (e); however, paragraph (e) already exists and the change could not be made.
In the Local Multipoint Distribution Service (LMDS) licensees may add, remove, or relocate facilities within the area authorized by the license without prior authorization. Upon request by an incumbent licensee or the Commission, an LMDS licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the BTA. The LMDS licensee must provide such information within ten (10) days of receiving a written request.
At 63 FR 68982, Dec. 14, 1998, § 101.61 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
(a) Except for stations licensed in the Local Multipoint Distribution Service (LMDS) and 38.6-40.0 GHz band, each station licensed under this part must be in operation within 18 months from the initial date of grant. Modification of an operational station other than one licensed in LMDS and the 38.6-40.0 GHz band must be completed within 18 months of the date of grant of the applicable modification request.
(b) Failure to timely begin operation means the authorization cancels automatically.
(c) The frequencies associated with all point-to-multipoint authorizations which have cancelled automatically or otherwise been recovered by the Commission will again be made available for reassignment on a date and under terms set forth by Public Notice. See § 101.1331(d) for treatment of MAS incumbent site-by-site licenses recovered in EAs.
(d) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of this chapter.
(e) Construction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to § 1.946 of this chapter.
Service areas for 38.6-40.0 GHz service are Economic Areas (EAs) as defined below. EAs are delineated by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce. The Commerce Department organizes the 50 States and the District of Columbia into 172 EAs. Additionally, there are four EA-like areas: Guam and Northern Mariana Islands; Puerto Rico and the U.S. Virgin Islands; American Samoa and the Gulf of Mexico. A total of 175 authorizations (excluding the Gulf of Mexico EA-like area) will be issued for each channel block in the 39 GHz band.
(a) In addition to the provisions of § 1.955 of this chapter, a license will be automatically forfeited in whole or in part without further notice to the licensee upon the voluntary removal or alteration of the facilities, so as to
(b) Pursuant to § 1.955 of this chapter, if a station licensed under this part discontinues operation on a permanent basis, the licensee must cancel the license. For purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued.
Licenses for stations authorized under this part will be issued for a period not to exceed 10 years. Unless otherwise specified by the Commission, the expiration of regular licenses shall be on the date (month and day) selected by licensees in the year of expiration.
Fixed Microwave Services (FMS) frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands listed in §§ 101.147(c), (d) and (e) have been allocated for use by emerging technology (ET) services, including Personal Communications Services (PCS). The rules in this section provide for a transition period during which ET licensees may relocate existing FMS licensees using these frequencies to other media or other fixed channels, including those in other microwave bands.
(a) ET licensees may negotiate with FMS licensees authorized to use frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, for the purpose of agreeing to terms under which the FMS 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 FMS operations.
(b) Except as provided in paragraph (c) of this section, FMS operations in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, with the exception of public safety facilities defined in § 101.77, will continue to be co-primary with other users of this spectrum until two years after the FCC commences acceptance of applications for ET services (voluntary negotiation period), and until one year after an ET licensee initiates negotiations for relocation of the fixed microwave licensee's operations (mandatory negotiation period). In the 1910-1930 MHz band allocated for unlicensed PCS, FMS operations will continue to be co-primary until one year after UTAM, Inc. initiates negotiations for relocation of the fixed microwave licensee's operations. Except as provided in paragraph (c) of this section, public safety facilities defined in § 101.77 will continue to be co-primary in these bands until three years after the Commission commences acceptance of applications for an emerging technology service (voluntary negotiation period), and until two years after an emergingtechnology service licensee or an emerging technology unlicensed equipment supplier or representative initiates negotiations for relocation of the fixed microwave licensee's operations (mandatory negotiation period). If no agreement is reached during either the voluntary or mandatory negotiation periods, an ET licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the ET licensee meets the conditions of § 101.75.
(c) Voluntary and mandatory negotiation periods for PCS C, D, E, and F blocks are defined as follows:
(1) Non-public safety incumbents will have a one-year voluntary negotiation period and a one-year mandatory negotiation period; and
(2) Public safety incumbents will have a three-year voluntary negotiation period and a two-year mandatory negotiation period.
(d) Relocation of FMS licensees in the 2165-2200 MHz band by Mobile-Satellite Service (MSS) licensees will be
(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.
During the voluntary negotiation period, negotiations are strictly voluntary and are not defined by any parameters. However, if the parties have not reached an agreement within one year after the commencement of the voluntary period for non-public safety entities, or within three years after the commencement of the voluntary period for public safety entities, the FMS licensee must allow the ET licensee if it so chooses to gain access to the existing facilities to be relocated so that an independent third party can examine the FMS licensee's 2 GHz system and prepare an estimate of the cost and the time needed to relocate the FMS licensee to comparable facilities. The ET licensee must pay for any such estimate.
(a) If a relocation agreement is not reached during the voluntary period, the ET licensee may initiate a mandatory negotiation period. This mandatory period is triggered at the option of the ET licensee, but ET licensees may not invoke their right to mandatory negotiation until the voluntary negotiation period has expired.
(b) Once mandatory negotiations have begun, an FMS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider,
(1) Whether the ET licensee has made a
(2) If the FMS licensee has demanded a premium, the type of premium requested (
(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.
(c) 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.
(d) Provisions for Relocation of Fixed Microwave Licensees in the 2165-2200 MHz band. Mandatory negotiations will commence when the Mobile-Satellite Service (MSS) licensee informs the fixed microwave licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the fixed microwave licensee with comparable facilities, defined as facilities possessing the following characteristics:
(1)
(2)
(3)
(a) If no agreement is reached during either the voluntary or mandatory negotiation period, an ET licensee 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, the FMS licensee is required to relocate, provided that the ET licensee:
(1) 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 FMS 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 FMS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by FMS 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) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents’ behalf, new microwave frequencies and frequency coordination; and
(3) Builds the replacement system and tests it for comparability with the existing 2 GHz system.
(b)
(1)
(2)
(3)
(c) The FMS 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.
(d)
(a) Public safety facilities are subject to the three-year voluntary and two-year mandatory negotiation period, except as otherwise defined in paragraph 101.69(c). In order for public safety licensees to qualify for extended negotiation periods, the department head responsible for system oversight must certify to the ET licensee requesting relocation that:
(1) The agency is a Police licensee, a Fire Licensee, or an Emergency Medical Licensee as defined in § 90.7 of this chapter, or meets the eligibility requirements of § 90.20(a)(2) of this chapter, except for § 90.20(a)(2)(ii) of this chapter, or that it is a licensee of other part 101 facilities licensed on a primary basis under the eligibility requirements of part 90, subpart B of this chapter; and
(2) The majority of communications carried on the facilities at issue involve safety of life and property.
(b) A public safety licensee must provide certification within thirty (30) days of a request from a ET licensee, or the ET licensee may presume that special treatment is inapplicable. If a public safety licensee falsely certifies to an ET licensee that it qualifies for the extended time periods, this licensee will be in violation of the Commission's rules and will subject to appropriate penalties, as well as immediately subject to the non-public safety time periods.
(a) FMS licensees will maintain primary status in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 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 (
(b) 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 (
(2) The public interest would be harmed if the incumbent is forced to terminate operations (
After April 25, 1996, all major modifications and extensions to existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands will be authorized on a secondary basis to ET systems. All other modifications will render the modified FMS license secondary to ET operations, unless the incumbent affirmatively justifies primary status and the incumbent FMS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent FMS licensees will maintain primary status for the following technical changes:
(a) Decreases in power;
(b) Minor changes (increases or decreases) in antenna height;
(c) Minor location changes (up to two seconds);
(d) Any data correction which does not involve a change in the location of an existing facility;
(e) Reductions in authorized bandwidth;
(f) Minor changes (increases or decreases) in structure height;
(g) Changes (increases or decreases) in ground elevation that do not affect centerline height;
(h) Minor equipment changes.
At 65 FR 54173, Sept. 7, 2000, §§ 101.83 through 101.97 and an undesignated center heading were added, effective Oct. 10, 2000.
Permissible changes in equipment operating in the band 18.58-19.3 GHz: Notwithstanding other provisions of this section, stations that remain co-primary under the provisions of § 101.147(r) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate.
Fixed services (FS) frequencies in the 18.58-19.3 GHz bands listed in §§ 21.901(e), 74.502(c), 74.602(g), and 78.18(a)(4) of this chapter, and § 101.147(a) and (r) have been allocated for use by the fixed-satellite service (FSS). The rules in this section provide for a transition period during which FSS licensees may relocate existing FS
(a) FSS licensees may negotiate with FS licensees authorized to use frequencies in the 18.58-19.30 GHz band for the purpose of agreeing to terms under which the FS licensees would:
(1) Relocate their operations to other fixed microwave bands or other media; or alternatively
(2) Accept a sharing arrangement with the FSS licensee that may result in an otherwise impermissible level of interference to the FSS operations.
(b) FS operations in the 18.58-19.30 GHz band that remain co-primary under the provisions of §§ 21.901(e), 74.502(c), 74.602(d), and 78.18(a)(4) of this chapter, and § 101.147(r) will continue to be co-primary with the FSS users of this spectrum until June 8, 2010 or until the relocation of the fixed service operations, whichever occurs sooner. After June 8, 2010, only FS operations in the band 19.26-19.3 GHz will continue to be co-primary with the FSS users. Notwithstanding this continued co-primary status, FS users in the 19.26-19.3 GHz band remain subject to the relocation procedures of §§ 101.85 through 101.95. If no agreement is reached during the negotiations, an FSS licensee may initiate relocation procedures. Under the relocation procedures, the incumbent is required to relocate, provided that the FSS licensee meets the conditions of § 101.91.
(c) Negotiation periods are defined as follows:
(1) Non-public safety incumbents will have a two-year negotiation period.
(2) Public safety incumbents will have a three-year negotiation period.
(a) The negotiation is triggered by the fixed-satellite service (FSS) licensee, who must contact the fixed services (FS) licensee and request that negotiations begin.
(b) Once negotiations have begun, an FS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors:
(1) Whether the FSS licensee has made a bona fide offer to relocate the FS licensee to comparable facilities in accordance with § 101.91(b);
(2) If the FS 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.
(c) 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.
(d) Negotiations will commence when the FSS licensee informs the FS licensee in writing of its desire to negotiate. Negotiations will be conducted with the goal of providing the FS licensee with comparable facilities, defined as facilities possessing the following characteristics:
(1)
(2)
(3)
(a) If no agreement is reached during the negotiations period, an FSS licensee may initiate relocation procedures under the Commission's rules. FSS licensees are obligated to pay to relocate only the specific microwave links from which their systems may receive interference. Under these procedures, the FS licensee is required to relocate, provided that the FSS licensee:
(1) 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 FS licensee that are directly attributable to the 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. FSS licensees are not required to pay FS licensees for internal resources devoted to the relocation process. FSS licensees are not required to pay for transaction costs incurred by FS licensees during the negotiations once the negotiation is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities;
(2) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and
(3) Builds the replacement system and tests it for comparability with the existing 18 GHz system.
(b) Comparable facilities. The replacement system provided to an incumbent during a relocation must be at least equivalent to the existing FS system with respect to the following three factors:
(1)
(2)
(3)
(c) The FS 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.
(d) If the FS licensee demonstrates to the Commission that the new facilities are not comparable to the former facilities, the Commission may require the FSS licensee to further modify or replace the FS licensee's equipment.
(a) FSS licensees are not required to pay relocation costs after the relocation rules sunset (see §§ 74.502(c), 74.602(g), and 78.18(a)(4) of this chapter, and § 101.147 (a) and (r)). Once the relocation rules sunset, an FSS licensee may require the incumbent to cease operations, provided that the FSS licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. FSS licensee notification to the affected FS 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 FS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FS licensee to continue to operate on a mutually agreed upon basis.
(b) 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).
(a) After June 8, 2000, all major modifications and extensions to existing FS systems in the 18.58-19.30 band (with the exception of certain low power operations authorized under § 101.147(r)(10)) will be authorized on a secondary basis to FSS systems. All other modifications will render the modified FS license secondary to FSS operations, unless the incumbent affirmatively justifies primary status and the incumbent FS licensee establishes that the modification would not add to the relocation costs for FSS licensees. Incumbent FS 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.
(b) The provisions of § 101.83 are applicable, notwithstanding any other provisions of this section.
(a) Whenever an ET licensee (including Mobile-Satellite Service licensees) in the 2115-2150 MHz or 2165-2200 MHz bands relocates an incumbent paired microwave link with one path in the 2115-2150 MHz band, and the paired path in the 2165-2200 MHz band, the ET licensee is entitled to reimbursement of 50% of its relocation costs from any subsequently entering ET licensee which would have been required to relocate the same fixed microwave link.
(b) The subsequently entering ET licensee must reimburse the relocating ET licensee before the subsequently entering licensee may begin operations in these bands, unless the subsequently entering ET licensee can demonstrate that, according to established interference criteria, it would not have interfered with the microwave link in question.
(c) The total costs of which 50% is to be reimbursed will not exceed $250,000 per paired fixed microwave link relocated, nor $150,000 if a new or modified tower is required.
At 65 FR 54175, Sept. 7, 2000, § 101.101 was amended by removing the entry for 17,700-18,590 Mhz band, and by adding entries for 17,700-18,300 and 18,300-18,580, effective Oct. 10, 2000.
(a) Assignment of frequencies will be made only in such a manner as to facilitate the rendition of communication service on an interference-free basis in each service area. Unless otherwise indicated, each frequency available for use by stations in these services will be assigned exclusively to a single applicant in any service area. All applicants for, and licensees of, stations in these services must cooperate in the selection and use of the frequencies assigned in order to minimize interference and thereby obtain the most effective use of the authorized facilities. In the event harmful interference occurs or appears likely to occur between two or more radio systems and such interference cannot be resolved between the licensees thereof, the Commission may specify a time sharing arrangement for the stations involved or may, after notice and opportunity for hearing, require the licensees to make such changes in operating techniques or equipment as it may deem necessary to avoid such interference.
(b)(1) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 MHz licensed prior to March 11, 1997, were licensed on an unprotected basis and are subject to harmful interference from similarly licensed operations in that band.
(i) Operations licensed in the Local Mulitpoint Distribution Service and those operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, operating in these bands are equally protected against harmful interference from each other.
(ii) In the case of operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, that are licensed on a point-to-radius basis, LMDS licensees shall be subject to the protection requirement established in this section in the case of existing links operated by such licensees, and in the case of links added by such licensees in the future in accordance with the terms of their point-to-radius licenses.
(iii) An LMDS licensee may not initiate operations within the point-to-radius area licensed to an operator (other than an operator in the Local Television Transmission Service) prior to March 11, 1997, even if such operator has not initiated operations to the fullest extent of the license. An LMDS licensee, however, may initiate operations at the border of such operator's license area without prior coordination if the LMDS licensee's operations would not cause harmful interference to the other operator's existing operations.
(iv) An operator (other than an operator in the Local Television Transmission Service) licensed on a point-to-radius basis prior to March 11, 1997, may add additional stations within its license area. Such operator shall coordinate with any affected LMDS licensee if its new operations might
(v) Operations licensed prior to March 11, 1997, on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations shall be limited to the use of frequency pairs licensed as of March 11, 1997. Operations licensed in the Local Television Transmission Service as of March 11, 1997, may continue to operate, but such operators may not expand existing operations nor initiate new operations.
(2) Operations in the 31,075-31,225 MHz band licensed prior to March 11, 1997, shall receive no protection against harmful interference from authorized operations in the Local Multipoint Distribution Service in that band.
(3) Non-LMDS operations in the entire 31,000-31,300 MHz band licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected with respect to each other and subject to harmful interference from each other.
(i) Such operations and any operations licensed prior to March 11, 1997, in the band are unprotected with respect to each other and subject to harmful interference from each other.
(ii) Such operations are licensed on a secondary basis to LMDS operations licensed in the band, may not cause interference to LMDS operations, and are not protected from interference from LMDS operations.
(iii) Such operations licensed on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations licensed on a point-to-radius basis may add additional stations within the licensed area.
(c) Frequency diversity transmission will not be authorized in these services in the absence of a factual showing that the required communications cannot practically be achieved by other means. Where frequency diversity is deemed to be justified on a protection channel basis, it will be limited to one protection channel for the bands 3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection channel for three working channels for the bands 10,550-10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 MHz, no frequency diversity protection channel will be authorized unless there is a minimum of three working channels, except that where a substantial showing is made that a total of three working channels will be required within three years, a protection channel may be authorized simultaneously with the first working channel. A protection channel authorized under such exception will be subject to termination if applications for the third working channel are not filed within three years of the grant date of the applications for the first working channel. Where equipment employing digital modulation techniques with cross-polarized operation on the same frequency is used, the protection channel authorized under the above conditions may be considered to consist of both polarizations of the protection frequency where such is shown to be necessary.
(d)
(1)
(2) Coordination procedure guidelines are as follows:
(i) Coordination involves two separate elements: notification and response. Both or either may be oral or in written form. To be acceptable for filing, all applications and major technical amendments must certify that coordination, including response, has been completed. The names of the licensees, permittees and applicants with which coordination was accomplished must be specified. If such notice and/or response is oral, the party providing such notice or response must supply written documentation of the communication upon request;
(ii) Notification must include relevant technical details of the proposal. At minimum, this should include, as applicable, the following:
Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power, emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain and, if required, a radiation pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and ground elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
For a system utilizing ATPC, maximum transmit power, coordinated transmit power, and nominal transmit power.
The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spacial Reference System.
(iii) For transmitters employing digital modulation techniques, the notification should clearly identify the type of modulation. Upon request, additional details of the operating characteristics of the equipment must also be furnished;
(iv) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, in writing, within the 30-day notification period. Every reasonable effort should be made by all applicants, permittees and licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the applicant will be deemed to have made reasonable efforts to coordinate and may file its application without a response;
(v) The 30-day notification period is calculated from the date of receipt by the applicant, permittee, or licensee being notified. If notification is by mail, this date may be ascertained by:
(A) The return receipt on certified mail;
(B) The enclosure of a card to be dated and returned by the recipient; or
(C) A conservative estimate of the time required for the mail to reach its destination. In the last case, the estimated date when the 30-day period
(vi) An expedited prior coordination period (less than 30 days) may be requested when deemed necessary by a notifying party. The coordination notice should be identified as “expedited” and the requested response date should be clearly indicated. However, circumstances preventing a timely response from the receiving party should be accommodated accordingly. It is the responsibility of the notifying party to receive written concurrence (or verbal, with written to follow) from affected parties or their coordination representatives.
(vii) All technical problems that come to light during coordination must be resolved unless a statement is included with the application to the effect that the applicant is unable or unwilling to resolve the conflict and briefly the reason therefor;
(viii) Where a number of technical changes become necessary for a system during the course of coordination, an attempt should be made to minimize the number of separate notifications for these changes. Where the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. When changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. When the notifying party believes a shorter response time is reasonable and appropriate, it may be helpful for that party to so indicate in the notice and perhaps suggest a response date;
(ix) If, after coordination is successfully completed, it is determined that a subsequent change could have no impact on some parties receiving the original notification, these parties must be notified of the change and of the coordinator's opinion that no response is required;
(x) Applicants, permittees and licensees should supply to all other applicants, permittees and licensees within their areas of operations, the name, address and telephone number of their coordination representatives. Upon request from coordinating applicants, permittees and licensees, data and information concerning existing or proposed facilities and future growth plans in the area of interest should be furnished unless such request is unreasonable or would impose a significant burden in compilation;
(xi) Parties should keep other parties with whom they are coordinating advised of changes in plans for facilities previously coordinated. If applications have not been filed 6 months after coordination was initiated, parties may assume that such frequency use is no longer desired unless a second notification has been received within 10 days of the end of the 6 month period. Renewal notifications are to be sent to all originally notified parties, even if coordination has not been successfully completed with those parties; and
(xii) Any frequency reserved by a licensee for future use in the bands subject to this part must be released for use by another licensee, permittee or applicant upon a showing by the latter that it requires an additional frequency and cannot coordinate one that is not reserved for future use.
(e) Where frequency conflicts arise between co-pending applications in the Private Operational Fixed Point-to-Point Microwave, Common Carrier Fixed Point-to-Point Microwave and Local Television Transmission Services, it is the obligation of the later filing applicant to amend his application to remove the conflict, unless it can make a showing that the conflict cannot be reasonably eliminated. Where a frequency conflict is not resolved and no showing is submitted as to why the conflict cannot be resolved, the Commission may grant the first filed application and dismiss the later filed application(s) after giving the later filing applicant(s) 30 days to respond to the proposed action.
(f) When the proposed facilities are to be operated in the band 12,500-12,700 MHz, applications must also follow the procedures in § 101.21 and the technical standards and requirements of part 25 of this chapter as regards licensees in the Communication-Satellite Service.
(g)
(2) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, either electronically or in writing, within the 30-day notification period. Every reasonable effort should be made by all licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the licensee will be deemed to have made reasonable efforts to coordinate and commence operation without a response. The beginning of the 30-day period is determined pursuant to paragraph (d)(2)(v) of this section.
(h)
(ii) LMDS licensees operating on frequencies in the 29,100-29,250 MHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station.
(2) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to § 25.257 of this chapter shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (MSAs), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range.
(3)(i) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the border of the 100 largest MSAs.
(ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application.
(iii) If said non-GSO MSS licensee application is filed later than six months after certification of the Commission, the LMDS and non-GSO MSS entities
(4) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29,100-29,250 MHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permittees or licensees meeting the criteria specified in § 25.257(a). Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under § 101.113(c)(2) or (c)(3)(i). Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan.
(i)(1) When the licensed facilities are to be operated in the band 38,600 MHz to 40,000 MHz and the facilities are located within 16 kilometers of the boundaries of an Economic Area, each licensee must complete the frequency coordination process of subsection 101.103(d) with respect to neighboring EA licensees and existing licensees within its EA service area that may be affected by its operation prior to initiating service. In addition to the technical parameters listed in subsection 101.103(d), the coordinating licensee must also provide potentially affected parties technical information related to its subchannelization plan and system geometry.
(2) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the licensee, either electronically or in writing, within 10 days of notification. Every reasonable effort should be made by all licensees to eliminate all problems and conflicts. If no response to notification is received within 10 days, the licensee will be deemed to have made reasonable efforts to coordinate and may commence operation without a response. The beginning of the 10-day period is determined pursuant to § 101.103(d)(v).
(a) The interference protection criteria for fixed stations subject to this part are as follows:
(1) To long-haul analog systems, employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not exceed 5 pwpO (Picowatts of absolute noise power psophometrically weighted (pwpO), appearing in an equivalent voice band channel of 300-3400 Hz); or
(ii) Due to co-channel carrier-beat interference must not exceed 50 pwpO.
(2) To short-haul analog systems employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure:
(i) Due to co-channel sideband-to-sideband interference must not exceed 25 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 250 pwpO per exposure; or
(ii) Due to co-channel carrier-beat interference must not exceed 50 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 1000 pwpO per exposure.
(3) FM-TV. In analog systems employing frequency modulated radio that is modulated by a standard, television (visual) signal, the allowable interference level per exposure may not exceed the levels which would apply to
(b) In addition to the requirements of paragraph (a) of this section the adjacent channel interference protection criteria to be afforded, regardless of system length, or type of modulation, multiplexing, or frequency band, must be such that the interfering signal does not produce more than 1.0 dB degradation of the practical threshold of the protected receiver. The “practical threshold” of the protected receiver can be based upon the definition in TSB 10, referenced in paragraph (c) of this section, or upon alternative generally acceptable good engineering standards.
(c)
(2) If TSB 10 guidelines cannot be used, the following interference protection criteria may be used by calculating the ratio in dB between the desired (carrier signal) and the undesired (interfering) signal (C/I ratio) appearing at the input to the receiver under investigation (victim receiver). Except as provided in § 101.147 where the applicant's proposed facilities are of a type not included in paragraphs (a) and (b) of this section or where the development of the carrier-to-interference (C/I) ratio is not covered by generally acceptable procedures, or where the applicant does not wish to develop the carrier-to-interference ratio, the applicant must, in the absence of criteria or a developed C/I ratio, employ the following C/I protection ratios:
(i)
(ii)
(3) Applicants for frequencies listed in § 101.147(b)(1) through (4) must make the following showings that protection criteria have been met over the entire service area of existing systems. Such showings may be made by the applicant or may be satisfied by a statement from a frequency coordinator.
(i) For site-based multiple address stations in the 928-929/952-960 MHz and the 932-932.5/941-941.5 MHz bands, a statement that the proposed system complies with the following co-channel separations from all existing stations and pending applications:
Multiple address systems employing only remote stations will be treated as mobile for the purposes of determining the appropriate separation. For mobile operation, the mileage is measured from the reference point specified on the license application. For fixed operation on subfrequencies in accordance with § 101.147 the mileage also is measured from the reference point specified on the license application.
(ii) In cases where the geographic separation standard in paragraph (c)(3)(i) of this section is not followed, an engineering analysis must be submitted to show the coordination of the proposed assignment with existing systems located closer than those standards. The engineering analyses will include:
(A) Specification of the interference criteria and system parameters used in the interference study;
(B) Nominal service areas of each system included in the interference analysis;
(C) Modified service areas resulting from the proposed system. The propagation models used to establish the service boundary limits must be specified and any special terrain features considered in computing the interference impact should be described; and
(D) A statement that all parties affected have agreed to the engineering analysis and will accept the calculated levels of interference.
(iii) MAS EA licensees shall provide protection in accordance with § 101.1333.
(4) Multiple address systems operating on subfrequencies in accordance with § 101.147 that propose to operate master stations at unspecified locations must define the operating area by a radius about a geographical coordinate and describe how interference to co-channel users will be controlled.
(5) Mobile operation is permitted on any of the MAS frequency bands on a primary basis.
(6) Each application for new or modified nodal station on channels numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band and all point-to-multipoint channels in the 18 GHz band must demonstrate that all existing co-channel stations are at least 56 kilometers from the proposed nodal station site. Applicants for these channels must certify that all licensees and applicants for stations on the adjacent channels within 56 kilometers of the proposed nodal station have been notified of the proposed station and do not object. Alternatively, or if one of the affected adjacent channel interests does object, the applicant may show that all affected adjacent channel parties are provided a C/I protection ratio of 0 dB. An applicant proposing to operate at an AAT greater than 91 meters must reduce its EIRP in accordance with the following table; however, in no case may EIRP exceed 70 dBm on the 10.6 GHz channels.
(7) Each application for new or modified nodal station on channels numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an analysis of the potential for harmful interference to all other licensed and previously applied for co-channel and adjacent channel stations located within 80 kilometers of the location of the proposed station. The criteria contained in § 101.103(d)(2) must be used in this analysis. Applicants must certify that copies of this analysis have been served on all parties which might reasonably be expected to receive interference above the levels set out in § 101.103(d)(2) within 5 days of the date the subject application is filed with the Commission.
(8) If the potential interference will exceed the prescribed limits, a statement shall be submitted with the application for new or modified stations to the effect that all parties have agreed to accept the higher level of interference.
(d) Effective August 1, 1985, when a fixed station that conforms to the technical standards of this subpart (or, in the case of the 12,200-12,700 MHz band, a direct broadcast satellite station) receives or will receive interference in excess of the levels specified in this section as a result of an existing licensee's use of non-conforming equipment authorized between July 20, 1961 and July 1, 1976, and the interference would not result if the interfering station's equipment complied with the current technical standards, the licensee of the non-conforming station must take whatever steps are necessary to correct the situation up to the point of installing equipment which fully conforms to the technical standards of this subpart. In such cases, if the engineering analysis demonstrates that:
(1) The conforming station would receive interference from a non-conforming station in excess of the levels specified in this section; and
(2) The interference would be eliminated if the non-conforming equipment were replaced with equipment which complies with the standards of this subpart, the licensee (or prospective licensee) of the station which would receive interference must provide written notice of the potential interference to both the non-conforming licensee and the Commission's office in Gettysburg, PA. The non-conforming licensee must make all required equipment changes within 180 days from the date of official Commission notice informing the licensee that it must upgrade its equipment, unless an alternative solution has been agreed to by all parties involved in the interference situation. If a non-conforming licensee fails to make all required changes within the
(e)
(1) The licensee experiencing the harmful interference shall notify the licensee believed to be causing the harmful interference and shall supply information describing its problem and supporting its claim;
(2) Upon receipt of the harmful interference notice, the licensee alleged to be causing the harmful interference shall respond immediately and make every reasonable effort to identify and resolve the conflict; and
(3) Licensees are encouraged to resolve the harmful interference prior to contacting the Commission.
(a) The carrier frequency of each transmitter authorized in these services must be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section or in the applicable subpart of this part (unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency):
(b) Heterodyne microwave radio systems may be authorized at a somewhat less restrictive frequency tolerance (up to .01 percent) to compensate for frequency shift caused by numerous repeaters between base band signal insertion. Where such relaxation is sought, applicant must provide all calculations and indicate the desired tolerance over each path. In such instances the radio transmitters and receivers used must individually be capable of complying with the tolerance specified in paragraph (a) of this section. Heterodyne operation is restricted to channel bandwidth of 10 MHz or greater.
(c) As an additional requirement in any band where the Commission makes assignments according to a specified channel plan, provisions must be made to prevent the emission included within the occupied bandwidth from radiating outside the assigned channel at a level greater than that specified in § 101.111.
(a) Each authorization issued pursuant to these rules will show, as the emission designator, a symbol representing the class of emission which must be prefixed by a number specifying the necessary bandwidth. This figure does not necessarily indicate the bandwidth actually occupied by the emission at any instant. In those cases where part 2 of this chapter does not provide a formula for the computation of the necessary bandwidth, the occupied bandwidth may be used in the emission designator.
(b) Stations in this service will be authorized any type of emission, method of modulation, and transmission characteristic, consistent with efficient use of the spectrum and good engineering practice, except that Type B, damped-wave emission will not be authorized.
(c) The maximum bandwidth which will be authorized per frequency assigned is set out in the table that follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that a lesser bandwidth would be sufficient to support an applicant's intended communications.
(a) The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule:
(1) When using transmissions other than those employing digital modulation techniques:
(i) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent
(ii) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 decibels;
(iii) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43+10 Log
(2) When using transmissions employing digital modulation techniques (see § 101.141(b)) in situations not covered in this section:
(i) For operating frequencies below 15 GHz, in any 4 KHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels:
(ii) For operating frequencies above 15 GHz, in any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels:
(iii) In any 4 KHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43+10 Log
(3) For Digital Termination System channels used in the Digital Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz band:
(i) In any 4 KHz band, the center frequency of which is removed from the edge of the DEMS channel by up to and including 1.125 times the DEMS subchannel bandwidth: As specified by the following equation may in no event be less than 50+10 log
(ii) In any 4 KHz band within the authorized DEMS band the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50% of the DEMS channel bandwidth plus 1.125 times the subchannel bandwidth: As specified by the following equation but in no event less than 80 decibels:
(iii) In any 4 KHz band the center frequency of which is outside the authorized DEMS band: At least 43+10 log
(4) For Digital Termination System channels used in the Digital Electronic Message Service (DEMS) operating in the 17,700-19,700 and 24,250-25,250 MHz bands:
(i) In any 4 KHz band, the center frequency of which is removed from the frequency of the center of the DEMS channel by more than 50 percent of the DEMS channel bandwidth up to and including 50 percent plus 500 KHz: As specified by the following equation but in no event be less than 50+10 log
(ii) In any 4 KHz band within the authorized DEMS band, the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50 percent of the channel bandwidth plus 500 KHz: As specified by the following equation but in no event less than 80 decibels:
(iii) In any 4 KHz band the center frequency of which is outside the authorized Digital Message Service band: At least 43+10 log
(5) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a 12.5 KHz bandwidth, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule:
(i) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz up to and including 6.25 KHz: At least 53 log
(ii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz up to and including 9.5 KHz: At least 103 log
(iii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz up to and including 15 KHz: At least 157 log
(iv) On any frequency removed from the center of the authorized bandwidth by a displacement frequency greater than 15 KHz: At least 50 plus 10 log
(6) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a bandwidth greater than 12.5 KHz, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule:
(i) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up to and including 10 KHz: At least 83 log
(ii) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz up to and including 250 percent of the authorized bandwidth: At least 116 log
(iii) On any frequency removed from the center of the authorized bandwidth by more that 250 percent of the authorized bandwidth: At least 43 plus 10 log
(b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in paragraph (a) of this section.
(c) The emission of an unmodulated carrier is prohibited except for test purposes as required for proper station and system maintenance.
(a) On any authorized frequency, the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified below. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in
(b) The power of transmitters that use Automatic Transmitter Power Control shall not exceed the power input or output specified in the instrument of station authorization. The power of non-ATPC transmitters shall be maintained as near as practicable to the power input or output specified in the instrument of station authorization.
(c)(1)
(2)
(i) The e.i.r.p. aggregate spectral area density is calculated as follows:
(ii) The climate zones in Table 1 are defined for different geographic locations within the US as shown in Appendix 28 of the ITU Radio Regulations.
(3)
(i) The e.i.r.p. aggregate spectral area density is calculated as follows:
(ii) LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO MSS providers.
(4)
(i)
(ii)
(iii)
(a) Unless otherwise authorized upon specific request by the applicant, each station authorized under the rules of this part must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates:
(b) Stations operating below 932.5 MHz that are required to use directional antennas must employ antennas meeting the standards indicated below. (Maximum beamwidth is for the major lobe of radiation at the half power points. Suppression is the minimum attenuation required for any secondary lobe signal and is referenced to the maximum signal in the main lobe.)
(c) Fixed stations (other than temporary fixed stations and DEMS nodal stations) operating at 932.5 MHz or higher must employ transmitting and receiving antennas (excluding second receiving antennas for operations such as space diversity) meeting the appropriate performance Standard A indicated below, except that in areas not subject to frequency congestion, antennas meeting performance Standard B may be used, subject to the requirements set forth in paragraph (d) of this section. Licensees shall comply with the antenna standards table shown in this paragraph in the following manner:
(1) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and
(2) With the minimum radiation suppression to angle requirement.
(d) The Commission shall require the replacement of any antenna or periscope antenna system of a permanent fixed station operating at 932.5 MHz or higher that does not meet performance Standard A specified in paragraph (c) of this section, at the expense of the licensee operating such antenna, upon a showing that said antenna causes or is likely to cause interference to (or receive interference from) any other authorized or applied for station whereas a higher performance antenna is not likely to involve such interference. Antenna performance is expected to meet the standards of paragraph (c) of this section for parallel polarization. For cases of potential interference, an antenna will not be considered to meet Standard A unless the parallel polarization performance for the discrimination angle involved meets the requirements, even if the cross-polarization performance controls the interference.
(e) In cases where passive reflectors are employed in conjunction with transmitting antenna systems, the foregoing paragraphs of this section also will be applicable. However, in such instances, the center of the major
(f) Periscope antennas used at an electric power facility plant area will be excluded from the requirements of paragraph (c) of this section on a case-by-case basis where technical considerations or safety preclude the use of other types of antenna systems.
(g) In the event harmful interference is caused to the operation of other stations, the Commission may, after notice and opportunity for hearing, order changes to be made in the height, orientation, gain and radiation pattern of the antenna system.
Except as set forth herein, stations operating in the radio services included in this part are not limited as to the type of polarization of the radiated signal, provided, however, that in the event interference in excess of permissible levels is caused to the operation of other stations the Commission may, after notice and opportunity for hearing, order the licensee to change the polarization of the radiated signal. No change in polarization may be made without prior authorization from the Commission. Unless otherwise allowed, only linear polarization (horizontal or vertical) shall be used.
The simultaneous use of common antenna structures by more than one radio station, or by one of more domestic public radio stations and one or more stations of any other class or service, may be authorized: provided, however, that each licensee or user of any such structure is responsible for maintaining the structure, and for painting and illuminating the structure when obstruction marking is required by the Commission. (See § 101.21(a).)
The overall antenna structure heights employed by mobile stations in the Local Television Transmission Service and by stations authorized to operate at temporary fixed locations may not exceed the height criteria set forth in § 17.7 of this chapter, unless in each instance, authorization for use of a specific maximum antenna height (above ground and above mean sea level) for each location has been obtained from the Commission prior to erection of the antenna. Requests for such authorization must show the inclusive dates of the proposed operation. (Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in part 17 of this chapter.)
(a) The applicant must determine, prior to filing an application for a radio station authorization, that the antenna site specified therein is adequate to render the service proposed. In cases of questionable antenna locations, it is desirable to conduct propagation tests to indicate the field intensity which may be expected in the principal areas or at the fixed points of communication to be served, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site survey tests to be made pursuant to a developmental authorization in the particular service concerned. In such cases, propagation tests should be conducted in accordance with recognizedengineering methods and should be made with a transmitting antenna simulating, as near as possible, the proposed antenna installation. Full data obtained from such surveys and its analysis, including a description of the methods used and the name, address and qualifications of the engineer making the survey, must be supplied to the Commission.
(b) [Reserved]
(a) The equipment at the operating and transmitting positions must be so installed and protected that it is not accessible to, or capable of being operated by, persons other than those duly authorized by the licensee.
(b) In any case where the maximum modulating frequency of a transmitter is prescribed by the Commission, the transmitter must be equipped with a low-pass or band-pass modulation filter of suitable performance characteristics. In those cases where a modulation limiter is employed, the modulation filter must be installed between the transmitter stage in which limiting is effected and the modulated stage of the transmitter.
(c) Each transmitter employed in these services must be equipped with an appropriately labeled pilot lamp or meter which will provide continuous visual indication at the transmitter when its control circuits have been placed in a condition to activate the transmitter. In addition, facilities must be provided at each transmitter to permit the transmitter to be turned on and off independently of any remote control circuits associated therewith.
(d) At each transmitter control point the following facilities must be installed:
(1) A carrier operated device which will provide continuous visual indication when the transmitter is radiating, or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter; and
(2) Facilities which will permit the operator to turn transmitter carrier on and off at will.
(e) Transmitter control circuits from any control point must be so installed that grounding or shorting any line in the control circuit will not cause the transmitter to radiate: provided, however, That this provision will not be applicable to control circuits of stations which normally operate with continuous radiation or to control circuits which are under the effective operational control of responsible operating personnel 24 hours per day.
(a) Transmitters licensed for operation in Common Carrier services may be concurrently licensed or used for non-common carrier communication purposes. Mobile units may be concurrently licensed or used for non-common carrier communication purposes provided that the transmitter is certificated for use in each service.
(b) Private operational fixed point-to-point microwave stations authorized in this service may communicate with associated operational-fixed stations and fixed receivers and with units of associated stations in the mobile service licensed under Private Radio Service rule parts. In addition, intercommunication is permitted with other licensed stations and with U.S. Government stations in those cases which require cooperation or coordination of activities or when cooperative use arrangements in accordance with § 101.135 are contemplated; provided, however, that where communication is desired with stations authorized to operate under the authority of a foreign jurisdiction, prior approval of this Commission must be obtained; And provided further, That the authority under which such other stations operate does not prohibit the intercommunication.
(c) Two or more persons or governmental entities eligible for private operational fixed point-to-point microwave licenses may use the same transmitting equipment under the following terms and conditions:
(1) Each licensee complies with the general operating requirements set out in this part;
(2) Each licensee is eligible for the frequency(ies) on which the facility operates; and
(3) Each licensee must have the ability to access the transmitter(s) that it is authorized to operate under the multiple licensing arrangement.
(d)
Licensees of Private Operational Fixed Point-to-Point Microwave radio stations may share the use of their facilities on a non-profit basis or may offer service on a for-profit private carrier basis, subject to the following conditions and limitations:
(a) Persons or governmental entities licensed to operate radio systems on any of the private radio frequencies set out in § 101.101 may share such systems with, or provide private carrier service to, any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603. In addition, persons or governmental entities licensed to operate low power systems under the provisions of § 101.147(r)(10) may share such systems with, or provide private carrier services to, Federal Government entities, provided the communications carried are permissible under § 101.603;
(b) The licensee must maintain access to and control over all facilities authorized under its license;
(c) All sharing and private carrier arrangements must be conducted pursuant to a written agreement to be kept as part of the station records; and
(d) The licensee must keep an up-to-date list of system sharers and private carrier subscribers and the basis of their eligibility under this part. Such records must be kept current and must be made available upon request for inspection by the Commission.
(e) Applicants licensed in the MAS frequencies after June 2, 2000, shall not provide service to others on a non-profit, cost-shared basis or on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25625-932.49375/941.25625-941.49375 MHz bands.
Private operational fixed point-to-point microwave stations may be interconnected with facilities of common carriers subject to applicable tariffs.
(a) Except for transmitters used at developmental stations or for fixed point-to-point operation pursuant to subparts H and I of this part, each transmitter must be a type which has been certificated by the Commission for use under the applicable rules of this part. Transmitters used in the private operational fixed and common carrier fixed point-to-point microwave services under subparts H and I of this part must be of a type that has been verified for compliance. Transmitters designed for use in the 31.0 to 31.3 GHz band will be authorized under the verification procedure.
(b) Any manufacturer of a transmitter to be produced for use under the rules of this part may request certification or obtain verification by following the applicable procedures set forth in part 2 of this chapter.
(c) Certification for an individual transmitter may also be requested by an applicant for a station authorization, pursuant to the procedures set forth in part 2 of this chapter.
(d) A transmitter presently shown on an instrument of authorization, which operates on an assigned frequency in the 890-940 MHz band and has not been certificated, may continue to be used by the licensee without certification provided such transmitter continues otherwise to comply with the applicable rules and regulations of the Commission.
(e) Certification or verification is not required for portable transmitters operating with peak output power not greater than 250 mW. If operation of such equipment causes harmful interference the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference.
(f) After July 15, 1996, the manufacturer (except for export) or importation of equipment employing digital modulation techniques in the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz bands must meet the
(a) Microwave transmitters employing digital modulation techniques and operating below 19.7 GHz and in the 24.25-25.25 GHz band must, with appropriate multiplex equipment, comply with the following additional requirements:
(1) The bit rate, in bits per second, must be equal to or greater than the bandwidth specified by the emission designator in Hertz (
Systems authorized prior to December 1, 1988, may install equipment after that date with no minimum bit rate.
(2) Equipment to be used for voice transmission placed in service, authorized, or applied for on or before June 1, 1997 in the 2110 to 2130 and 2160 to 2180 MHz bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 96 voice channels. Equipment placed in service, authorized, or applied for on or before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and 10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 1152 voice channels. These required loading levels may be reduced by a factor of 1/N provided that N transmitters may be operated satisfactorily, over the same radio path, within an authorized bandwidth less than, or equal to, the maximum authorizable bandwidth (
(3) The following capacity and loading requirements must be met for equipment applied for, authorized, and placed in service after June 1, 1997 in the 3700-4200 MHz (4 GHz), 5925-6425 and 6525-6875 MHz (6 GHz), 10,550-10,680 MHz (10 GHz), and 10,700-11,700 MHz (11 GHz) bands:
(4) If a transmitter is authorized to operate in a bandwidth that is not listed in paragraph (a)(3) of this section, it must meet the minimum payload capacity and traffic loading requirements of the next largest channel bandwidth listed in the table;
(5) Transmitters carrying digital motion video motion material are exempt from the requirements specified in paragraphs (a)(2) and (a)(3) of this section, provided that at least 50 percent of the payload is digital video motion material and the minimum bit rate specified in paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz
(6) Digital systems using bandwidths of 10 MHz or larger will be considered 50 percent loaded when the following condition is met: at least 50 percent of their total DS-1 capacity is being used. A DS-1 channel is being used when it has been connected to a DS-0/DS-1 multiplexer. For non-DS-0 services, such as, but not limited to, video or broadband data transmission, the next largest DS-1 equivalent will be considered for the computation of a loading percentage.
(7) For digital systems, minimum payload capacities shall be expressed in numbers of DS-1s, DS-3s or STS-1s. The payload capacity required by the Commission shall correspond to commercially available equipment.
(b) For purposes of compliance with the emission limitation requirements of § 101.111(a)(2) and the requirements of paragraph (a) of this section, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more to the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter.
(c) Analog Modulation. Except for video transmission, an application for an initial working channel for a given route will not be accepted for filing where the anticipated loading (within five years for voice, or other period subject to reasonable projection) is less than the minimum specified for the following frequency bands. Absent extraordinary circumstances, applications proposing additional frequencies over existing routes will not be granted unless it is shown that the traffic load will shortly exhaust the capacity of the existing equipment. Where no construction of radio facilities is requested, licensees must submit this evidence with their filing of any necessary authority required pursuant to section 214 of the Communications Act and part 63 of this chapter.
(a) The distance between end points of a fixed link in the private operational fixed point-to-point and the common carrier fixed point-to-point microwave services must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below:
(b) For paths shorter than those specified in the table in paragraph (a) of this section, the EIRP shall not exceed the value derived from the following equation:
For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum
(c) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements.
(c): Links authorized prior to April 1, 1987, need not comply with this requirement.
These limitations are necessary to minimize the probability of harmful interference to reception in the bands 2655-2690 MHz, 5925-6875 MHz, and 12.7-12.75 GHz on board geostationary-space stations in the fixed-satellite service.
(a) Stations authorized prior to July 1, 1976 in the band 2655-2690 MHz, which exceed the power levels in paragraphs (b) and (c) of this section are permitted to operate indefinitely, provided that the operation of such stations does not result in harmful interference to reception in these bands on board geostationary space stations.
(b) 2655 to 2690 MHz and 5925 to 6875 MHz. No directional transmitting antenna utilized by a fixed station operating in these bands may be aimed within 2 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. However, exception may be made in unusual circumstances upon a showing that there is no reasonable alternative to the transmission path proposed. If there is no evidence that such exception would cause possible harmful interference to an authorized satellite system, said transmission path may be authorized on waiver basis where the maximum value of the equivalent isotropically radiated power (EIRP) does not exceed:
(1) +47 dBW for any antenna beam directed within 0.5 degrees of the stationary satellite orbit; or
(2) +47 to +55 dBW, on a linear decibel scale (8 dB per degree) for any antenna beam directed between 0.5 degrees and 1.5 degrees of the stationary orbit.
(c) 12.7 to 12.75 GHz. No directional transmitting antenna utilized by a fixed station operating in this band may be aimed within 1.5 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. However, exception may be made in unusual circumstances upon a showing that there is no reasonable alternative to the transmission path proposed. If there is no evidence that such exception would cause possible harmful interference to an authorized satellite system, said transmission path may be authorized on waiver basis where the maximum value of the equivalent isotropically radiated power (EIRP) does not exceed +45 dBW for any antenna beam directed within 1.5 degrees of the stationary satellite orbit.
(d) Methods for calculating the azimuths to be avoided may be found in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in “Radio-Relay Antenna Pointing for controlled Interference With Geostationary-Satellites” by C. W. Lundgren and A. S. May, Bell System Technical Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in “Geostationary Orbit Avoidance Computer Program” by Richard G. Gould, Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This latter report is available through the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22151, in printed form (PB-211 500) or source card deck (PB-211 501).
(a) Frequencies in the following bands are available for assignment for fixed microwave services.
(1) Frequencies in this band are shared with control and repeater stations in the Domestic Public Land Mobile Radio Service and with stations in the International Fixed Public Radiocommunication Services located south of 25° 30′ north latitude in the State of Florida and U. S. possessions in the Caribbean area. Additionally, the band 2160-2162 MHz is shared with stations in the Multipoint Distribution Service.
(2) Except upon showing that no alternative frequencies are available, no new assignments will be made in the band 2160-2162 MHz for stations located within 80.5 kilometers (50 miles) of the coordinates of the cities listed in §) 21.901(c) of this chapter.
(3) Television transmission in this band is not authorized and radio frequency channel widths may not exceed 3.5 MHz.
(4) Frequencies in this band are shared with fixed and mobile stations licensed in other services.
(5) Frequencies in this band are shared with stations in the fixed-satellite service.
(6) These frequencies are not available for assignment to mobile earth stations.
(7) Frequencies in the band 2110-2120 MHz may be authorized on a case-by-case basis to Government or non-Government space research earth stations for telecommand purposes in connection with deep space research.
(8) This frequency band is shared with station(s) in the Local Television Transmission Service and, in the U.S. Possessions in the Caribbean area, with stations in the International Fixed Public Radiocommunications Services.
(9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service.
(10) This band is co-equally shared with stations in the fixed services under parts 74, 78 and 101 of this chapter.
(11) Frequencies in this band are shared with Government stations.
(12) Assignments to common carriers in this band are normally made in the segments 21.2-21.8 GHz and 22.4-23.8 GHz and to operational fixed users in the segments 21.8-22.4 GHz and 23.0-23.6 GHz. Assignments may be made otherwise only upon a showing that no interference free frequencies are available in the appropriate band segments.
(13) Frequencies in this band are shared with stations in the earth exploration satellite service (space to earth).
(14) Frequencies in this band are shared with stations in the fixed-satellite and private operational fixed point-to-point microwave services.
(15) Stations licensed as of September 9, 1983 to use frequencies in the 17.7-19.7 GHz band may, upon proper application, continue to be authorized for such operation.
(16) As of June 30, 1997, frequencies in these bands are available for assignment only to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998.
(17) Frequencies in these bands are shared with Government fixed stations and stations in the Private Operational Fixed Point-to-Point Microwave Service (part 101).
(18) Frequencies in the 942 to 944 MHz band are also shared with broadcast auxiliary stations.
(19) Frequencies in this band are shared with stations in the private-operational fixed point-to-point microwave service.
(20) New facilities in these bands will be licensed only on a secondary basis. Facilities licensed or applied for before January 16, 1992, are permitted to make minor modifications in accordance with § 101.81 and retain their primary status.
(21) Any authorization of additional stations to use the 2160-2162 MHz band for Multipoint Distribution Service applied for after January 16, 1992, will be secondary to use of the band for emerging technology services.
(22) Frequencies in these bands are for the exclusive use of Private Operational Fixed Point-to-Point Microwave Service (part 101). Frequencies in the 12,700-13,200 MHz band, which were available only to stations authorized in the 12,200-12,700 MHz band as of September 9, 1983, are not available for new facilities.
(23) Frequencies in these bands are for the exclusive use of Common Carrier Fixed Point-to-Point Microwave Service (part 101).
(24) Frequencies in these bands are available for assignment to television pickup and
(25) Frequencies in these bands are available for assignment to television STL stations.
(26) Frequency pairs 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, and 21.975/23.175 GHz may be authorized for low power, limited coverage, systems subject to the provisions of paragraph (s) of this section.
(27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz bands are shared with Government fixed point-to-multipoint stations. Frequencies in these bands are paired with one another and are available for flexible use for transmission of the licensee's products and information services, excluding video entertainment material. 932.00625/941.00625 MHz to 932.24375/941.24375 MHz is licensed by Economic Area. 932.25625/941.25625 MHz to 932.49375/941.49375 MHz is licensed on a site-by-site basis.
(28) Subsequent to July 1, 1999, MAS operations in the 928/952/956 MHz bands are reserved for private internal use. The 928.85-929.0 MHz and 959.85-960.0 MHz bands are licensed on a geographic area basis with no eligibility restrictions. The 928.0-928.85 MHz band paired with the 952.0-952.85 MHz band, in additional to unpaired frequencies in the 956.25-956.45 MHz band, are licensed on a site-by-site basis and used for terrestrial point-to-point and point-to-multipoint fixed and mobile operations. The 928.85-929.0 MHz band paired with the 959.85-960.0 MHz band is licensed by Economic Area and used for terrestrial point-to-point and point-to-multipoint fixed and mobile operations.
(29) Frequencies in this band are shared with stations in the Multipoint Distribution Service (Part 21). These frequencies may be used for the transmission of the licensee's products and information services, excluding video entertainment material to the licensee's customers.
(30) The frequency band 18,580-19,300 GHz is not available for new licensees after June 8, 2000, except for low power indoor stations in the band 18,820-18,870 MHz and 19,160-19,210 MHz.
(b) Frequencies normally available for assignment in this service are set forth with applicable limitations in the following tables: 928-960 MHz Multiple address system (MAS) frequencies are available for the point-to-multipoint and point-to-point transmission of a licensee's products or services, excluding video entertainment material, to a licensee's customer or for its own internal communications. The paired frequencies listed in this section are used for two-way communications between a master station and remote stations. Ancillary one-way communications on paired frequencies are permitted on a case-by-case basis. Ancillary communications between interrelated master stations are permitted on a secondary basis. The normal channel bandwidth assigned will be 12.5 kHz. EA licensees, however, may combine contiguous channels without limit or justification. Site-based licensees may combine contiguous channels up to 50 kHz, and more than 50 kHz only upon a showing of adequate justification. When licensed for a larger bandwidth, the system still is required to use equipment that meets the ±0.00015 percent tolerance requirement. (See § 101.107). Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance with this section may be subdivided into narrower bandwidths to create additional (or sub) frequencies without the need to specify each discrete frequency within the specific bandwidth. Equipment that is used to create additional frequencies by narrowing bandwidth (whether authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be required to meet, at a minimum, the ±0.00015 percent tolerance requirement so that all subfrequencies will be within the emission mask. Systems licensed for frequencies in these MAS bands prior to August 1, 1975, may continue to operate as authorized until June 11, 1996, at which time they must comply with current MAS operations based on the 12.5 kHz channelization set forth in this paragraph. Systems licensed between August 1, 1975, and January 1, 1981, inclusive, are required to comply with the grandfathered 25 kHz standard bandwidth and channelization requirements set forth in this paragraph. Systems originally licensed afterJanuary 1, 1981, and on or before May 11, 1988, with bandwidths of 25 kHz and above, will be grandfathered indefinitely.
(1) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing.
(2) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing.
(3) Frequencies listed in this paragraph are not restricted to private internal use and are licensed by geographic area. Incumbent facilities must be protected.
(4) Frequencies listed in this paragraph are licensed by either economic area or on a site-by-site basis.
(5) Equivalent power and antenna heights for multiple address master stations:
For mobile operations the maximum ERP is 25 watts (44 dBm).
(6) Fixed point-to-point frequencies.
(c)
(2) 5 MHz maximum bandwidth.
(d)
(e)
(f)
(2) Stations licensed in this band under this part prior to March 1, 1996, are grandfathered and may continue their authorized operations. Stations licensed in the 2483.5-2500 MHz portion of the band as of July 25, 1985, or on a subsequent date as a result of submitting an application on or before July 25, 1985, are grandfathered, and may continue operations, subject only to license renewal, on a co-primary basis with the Radiodetermination Satellite Service.
(3) 625 KHz bandwidth channels. The normal bandwidth authorized will be 625 KHz. Upon adequate justification, additional contiguous channels may be authorized to provide up to a 2500 KHz bandwidth.
(g)
(g): Operational-Fixed stations authorized in this band as of July 16, 1971, which do not comply with the provisions of this part may continue to operate on the frequencies assigned on a coequal basis with other stations operating in accordance with the Table of Frequency allocations. Requests for subsequent license renewals or modifications for such stations will be considered. However, expansion of systems comprised of such stations will not be permitted, except pursuant to the provisions of this part. No new licenses will be issued under this part until specific operating parameters are established for this band.
(h)
20 MHz bandwidth channels:
(i)
(1) 400 kHz bandwidth channels:
(2) 800 kHz bandwidth channels:
(3) 1.25 MHz bandwidth channels:
(4) 2.5 MHz bandwidth channels:
(5) 3.75 MHz bandwidth channels:
(6) 5 MHz bandwidth channels:
(7) 10 MHz bandwidth channels:
(8) 30 MHz bandwidth channels:
(j)
(1) 1 MHz maximum authorized bandwidth channels:
(2) 8 MHz maximum authorized bandwidth channels:
(3) 25 MHz maximum authorized bandwidth channels:
(k) On the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations, persons holding valid station authorizations on July 15, 1963, to provide television nonbroadcast pickup service in the 6525-6575 MHz band may be authorized to continue use of the frequencies specified in their authorization for such operations until July 15, 1968.
(l)
(1) 400 kHz bandwidth channels:
(2) 800 kHz bandwidth channels:
(3) 1.25 MHz bandwidth channels:
(4) 2.5 MHz bandwidth channels:
(5) 3.75 MHz bandwidth channels:
(6) 5 MHz bandwidth channels:
(7) 10 MHz bandwidth channels:
(m)
(1) 400 kHz bandwidth channels:
(2) 800 kHz bandwidth channels:
(3) 1.25 MHz bandwidth channels:
(4) 2.5 MHz bandwidth channels:
(5) 3.75 MHz bandwidth channels:
(6) 5 MHz bandwidth channels:
(n) Point-to-multipoint systems licensed, in operation, or applied for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted to use the DEMS frequencies noted above if they prior coordinate such usage with the necessary parties including 10 GHz point-to-point applicants and licensees. DEMS Nodal Stations shall use the band 10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-10,680 MHz.
(o)
(1) 1.25 MHz bandwidth channels:
(2) 2.5 MHz bandwidth channels:
(3) 3.75 MHz bandwidth channels:
(4) 5 MHz bandwidth channels:
(5) 10 MHz bandwidth channels:
(6) 30 MHz bandwidth channels:
(7) 40 MHz bandwidth channels:
(p)
(q) Special provisions for low power, limited coverage systems in the band segments 12.2 12.7 GHz. Notwithstanding any contrary provisions in this part the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz may be authorized for low power, limited coverage systems subject to the following provisions:
(1) Maximum equivalent isotropically radiated power (EIRP) shall be 55 dBm;
(2) The rated transmitter output power shall not exceed 0.500 watts;
(3) Frequency tolerance shall be maintained to within 0.01 percent of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the sidelobe suppression criteria contained in § 101.115 of this part shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply;
(5) Upon showing of need, a maximum bandwidth of 12 MHz may be authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section shall have no more than three hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles);
(7) Interfering signals at the receiver antenna terminals of stations authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals, and
(8) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part.
(r)
(1) 2 MHz maximum authorized bandwidth channel:
(2) 5 MHz maximum authorized bandwidth channels:
(3) 6 MHz maximum authorized bandwidth channels:
(4) 10 MHz maximum authorized bandwidth channels:
(5) 20 MHz maximum authorized bandwidth channels:
(6) 40 MHz maximum authorized bandwidth channels:
(7) 80 MHz maximum authorized bandwidth channels:
(8) 220 MHz maximum authorized bandwidth channels:
(9) The following frequencies are available for point-to-multipoint DEMS Systems, except that channels 35-39 are available only to existing 18 GHz DEMS licensees as of March 14, 1997. Systems operating on Channels 25-34 must cease operations as of January 1, 2001, except that those stations on these channels within 150 km of the coordinates 38°48′ N/76°52′ W (Washington, DC, area) and 39°43′ N/104°46′ W (Denver, Colorado, area) must cease operations as of June 5, 1997:
(i) Each station will be limited to one frequency pair per SMSA. Additional channel pairs may be assigned upon a showing that the service to be provided will fully utilize the spectrum requested. A channel pair may be subdivided as desired by the licensee.
(ii) A frequency pair may be assigned to more than one licensee in the same
(10) Special provision for low power systems in the 17,700-19,700 MHz band: Notwithstanding other provisions in this rule part and except for specified areas around Washington, DC, and Denver, Colorado, licensees of point-to-multipoint channel pairs 25-29 identified in paragraph (r)(9) of this section may operate multiple low power transmitting devices within a defined service area. New operations are prohibited within 55 km when used outdoor and within 20 km when used indoor of the coordinates 38°48′ N/76°52′ W and 39°43′ N/104°46′ W. The service area will be a 28 kilometer omnidirectional radius originating from specified center reference coordinates. The specified center coordinates must be no closer than 56 kilometers from any co-channel nodal station or the specified center coordinates of another co-channel system. Applicants/licensees do not need to specify the location of each individual transmitting device operating within their defined service areas. Such operations are subject to the following requirements on the low power transmitting devices:
(i) Power must not exceed one watt EIRP and 100 milliwatts transmitter output power,
(ii) A frequency tolerance of 0.001% must be maintained; and
(iii) The mean power of emissions shall be attenuated in accordance with the following schedule:
(A) In any 4 kHz band, the center frequency of which is removed from the center frequency of the assigned channel by more than 50 percent of the channel bandwidth and is within the bands 18,820-18870 MHz or 19,19160-19,210 MHz:
(B) In any 4 kHz band the center frequency of which is outside the bands 18.820-18.870 GHz: At least 43+10log
(iv) Low power stations authorized in the band 18.8-19.3 GHz after June 8, 2000 are restricted to indoor use only.
(s) Special provisions for low power, limited coverage systems in the band segments 21.8-22.0 GHz and 23.0-23.2 GHz. Notwithstanding any contrary provisions in this part the frequency pairs 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz and 21.975/23.175 GHz may be authorized for low power, limited coverage systems subject to the following provisions:
(1) Maximum effective radiated power (ERP) shall be 55 dBm;
(2) The rated transmitter output power shall not exceed 0.100 watts;
(3) Frequency tolerance shall be maintained to within 0.05 percent of the assigned frequency;
(4) Maximum beamwidth not to exceed 4 degrees. However, the sidelobe suppression criteria contained in § 101.115 shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply;
(5) Upon showing of need, a maximum bandwidth of 50 MHz may be authorized per frequency assigned;
(6) Radio systems authorized under the provisions of this section shall have no more than five hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles);
(7) Interfering signals at the antenna terminals of stations authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals; and
(8) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part.
(t)
(u)
These channels are assigned for use within a rectangular service area to be described in the application by the maximum and minimum latitudes and longitudes. Such service area must be as small as practical consistent with the local service requirements of the carrier. These frequency plans may be subdivided as desired by the licensee and used within the service area as desired without further authorization subject to the terms and conditions set forth in § 101.149. These frequencies may be assigned only where it is shown that the applicant will have reasonable projected requirements for a multiplicity of service points or transmission paths within the area.
(v)(1) Assignments in the band 38,600-40,000 MHz must be according to the following frequency plan:
(v)(2) Channels Blocks 1 through 14 are assigned for use within Economic Areas (EAs). Applicants are to apprise themselves of any licensed rectangular service areas within the EA for which they seek a license and comply with the requirements set forth in § 101.103. All of the channel blocks may be subdivided as desired by the licensee and used within its service area as desired without further authorization subject to the terms and conditions set forth in § 101.149.
(w) Fixed systems licensed, in operation, or applied for in the 3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700 MHz bands prior to July 15, 1993, are permitted to use channel plans in effect prior to that date, including adding channels under those plans.
(x) Operations on other than the listed frequencies may be authorized where it is shown that the objectives or requirements of the interference criteria prescribed in § 101.105 could not
(y)
(ii) LMDS licensees operating on frequencies in the 29.1-29.25 GHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station.
(2) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to Section 25.257 shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (“MSAs”), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range.
(3)(i) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the borders of the 100 largest MSAs.
(ii) For purposes of paragraph (c)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application.
(iii) If said non-GSO MSS licensee application is filed later than six months after certification to the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system.
(4) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29.1-29.25 GHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permitees or licensees meeting the criteria specified in § 25.257(a). Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under paragraph (c)(2) or (c)(3)(i) of this section. Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS
At 65 FR 54175, Sept. 7, 2000, § 101.147 was amended by removing the entries 17,700-18,820 MHz, 18,820-18,920 MHz, 18,920-19,160 MHz, 19,160-19,260 MHz and 19,260-19,700 MHz and by adding four entries 17,700-18,300 MHz, 18,300-18,580 MHz, 18,580-19,300 MHz, and 19,300-19,700 MHz and note 30, by revising the introductory text of paragraph (r), and by adding paragraph (r)(10)(iv), effective Oct. 10, 2000. For the convenience of the reader, the superseded text is set forth as follows:
(r)
Assigned frequency channels in the band 38,600-40,000 MHz may be subdivided and used anywhere in the authorized service area, subject to the following terms and conditions:
(a) No interference may be caused to a previously existing station operating in another authorized service area;
(b) Each operating station must have posted a copy of the service area authorization; and
(c) The antenna structure height employed at any location may not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure for each location has been obtained from the FAA prior to the erection of the antenna.
Private operational-fixed licensees authorized to operate multiple address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz bands may employ signal boosters at fixed locations in accordance with the following criteria:
(a) The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s). The booster will fill in only weak signal areas and cannot extend the system's normal signal coverage area.
(b) Class A narrowband signal boosters must be equipped with automatic gain control circuitry which will limit the total effective radiated power (ERP) of the unit to a maximum of 5 watts under all conditions. Class B broadband signal boosters are limited to 5 watts ERP for each authorized frequency that the booster is designed to amplify.
(c) Class A narrowband boosters must meet the out-of-band emission limits of § 101.111 for each narrowband channel that the booster is designed to amplify. Class B broadband signal boosters must meet the emission limits of § 101.111 for frequencies outside of the booster's design passband.
(d) Class B broadband signal boosters are permitted to be used only in confined or indoor areas such as buildings, tunnels, underground areas, etc., or remote areas,
(e) The licensee is given authority to operate signal boosters without separate authorization from the Commission. Certificated equipment must be employed and the licensee must ensure that all applicable rule requirements are met.
(f) Licensees employing either Class A narrowband or Class B broadband signal boosters as defined in § 101.3 are responsible for correcting any harmful interference that the equipment may cause to other systems.
The licensee of each station authorized in the radio services included in this part must make the station available for inspection by representatives of the Commission at any reasonable hour.
(a) Handling and transmission of messages concerning the safety of life or property which is in imminent danger must be afforded priority over other messages.
(b) No person may knowingly cause to be transmitted any false or fraudulent message concerning the safety of life or property, or refuse upon demand immediately to relinquish the use of a radio circuit to enable the transmission of messages concerning the safety of life or property which is in imminent danger, or knowingly interfere or otherwise obstruct the transmission of such messages.
The licensee of any station in these services may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in a manner other than that specified in the instrument of authorization: Provided:
(a) That as soon as possible after the beginning of such emergency use, notice be sent to the Commission stating the nature of the emergency and the use to which the station is being put;
(b) That the emergency use of the station must be discontinued as soon as substantially normal communication facilities are again available;
(c) That the Commission must be notified immediately when such special use of the station is terminated;
(d) That, in no event, will any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law; and
(e) That the Commission may, at any time, order the discontinuance of any such emergency communication.
Transmission must be suspended immediately upon detection by the station or operator licensee or upon notification by the Commission of a deviation from the technical requirements of the station authorization and must remain suspended until such deviation is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended immediately after the emergency is terminated.
Stations authorized to operate at temporary fixed locations may not be used for transmissions between the United States and Canada, or the United States and Mexico, without prior specific notification to, and authorization from, the Commission. Notification of such intended usage of the facilities should include a detailed showing of the operation proposed, including the parties involved, the nature of the communications to be handled, the terms and conditions of such operations, the time and place of operation, such other matters as the applicant deems relevant, and a showing as to how the public interest, convenience and necessity would be served by the proposed operation. Such notification should be given sufficiently in advance of the proposed date of operation to permit any appropriate correlation with the respective foreign government involved (see §§ 101.31, 101.811, 101.813, and 101.815).
(a) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications in accordance with the conditions and limitations set forth in § 101.135.
(b) The station licensee is responsible for the proper operation of the station
(c) The provisions of paragraph (a) of this section may not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof) in accordance with the terms of the licenses of those stations.
Stations in these services are exempt from the requirement to identify transmissions by call sign or any other station identifier.
(a) Each licensee shall post at the station the name, address and telephone number of the custodian of the station license or other authorization if such license or authorization is not maintained at the station.
(b) The requirements in paragraph (a) of this section do not apply to remote stations using frequencies listed in § 101.147(b).
Each licensee of a station subject to this part shall maintain records in accordance with the following:
(a) For all stations, the results and dates of transmitter measurements and the name of the person or persons making the measurements;
(b) For all stations, when service or maintenance duties are performed, which may affect their proper operation, the responsible operator shall sign and date an entry in the station record concerned, giving:
(1) Pertinent details of all transmitter adjustments performed by him or under his supervision; and
(2) His name and address, provided that this information, so long as it remains unchanged, is not required to be repeated in the case of a person who is regularly employed as operator on a full-time basis at the station.
(c) The records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record.
(d) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded.
(e) No record or portion 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 correction made and indicate the date of correction.
(f) Records required by this part shall be retained by the licensee for a period of at least one year.
Any common carrier authorized under the rules of this part may render to any agency of the United States Government free service in connection with the preparation for the national defense. Every such carrier rendering any such free service must make and file, in duplicate, with the Commission, on or before the 31st of July and on or before the 31st day of January in each year, reports covering the periods of 6 months ending on the 30th of June and the 31st of December, respectively, next prior to said dates. These reports must show the names of the agencies to which free service was rendered pursuant to this rule, the general character of the communications handled for each agency, and the charges in dollars which would have accrued to the carrier for such service rendered to each agency if charges for such communications had been collected at the published tariff rates.
Any person receiving official notice of a violation of the terms of the Communications Act of 1934, as amended, any other Federal statute or Executive Order pertaining to radio or wire communications or any international radio or wire communications treaty or convention, or regulations annexed thereto to which the United States is a party, or the rules and regulations of the Federal Communications Commission, must, within 10 days from such receipt, send a written answer to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and may not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer must state fully what steps have been taken to prevent future violations, and, if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application must be given or, if a file number has not been assigned by the Commission, such identification aswill permit ready reference thereto. If the notice of violation relates to inadequate maintenance resulting in improper operation of the transmitter, the name and license number of the operator performing the maintenance must be given. If the notice of violation relates to some lack of attention to, or improper operation of, the transmitter by other employees, the reply must enumerate the steps taken to prevent a recurrence of such lack of attention or improper operation.
(a) If the public communication service provided by a station in the Common Carrier Radio Services and the Local Multipoint Distribution Service is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee must promptly notify the Commission. In every such case, the licensee must furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof must be given Commission.
(b) No station licensee subject to title II of the Communications Act of 1934, as amended, may voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter. In the event that permanent discontinuance of service is authorized by the Commission, the station license is terminated; except that station licenses in the Local Multipoint Distribution Service are not terminated if the discontinuance is a result of a change of status by the licensee from common carrier to non-common carrier pursuant to § 1.929 of this chapter.
(c) Any licensee not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community must notify the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station license is automatically terminated; except that station licenses in the Local Multipoint Distribution Service are not terminated if the discontinuance is a result of a change of status by the licensee from non-common carrier to common carrier pursuant to § 1.929 of this chapter.
(d) If any common carrier radio frequency should not be used to render any service as authorized during a consecutive period of twelve months at
(1) Cancel the station license (or licenses); or
(2) File an application for modification of the license (or licenses) to delete the unused frequency (or frequencies); or
(3) Request waiver of this rule and demonstrate either that the frequency will be used (as evidenced by appropriate requests for service, etc.) within six months of the end of the initial period of nonuse, or that the frequency will be converted to allow rendition of other authorized public services within one year of the end of the initial period of nonuse by the filing of appropriate applications within six months of the end of the period of nonuse.
Sections 1.771 through 1.815 of this chapter contain summaries of certain materials and reports, including schedule of charges and accounting and financial reports, which, when applicable, must be filed with the Commission.
All licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure to do so will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in appropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations.
Equal opportunities in employment must be afforded by all common carrier licensees and all Local Multipoint Distribution Service licensees in accordance with the provisions of § 21.307.
Developmental authorizations for stations in the radio services included in this part will be issued only to existing and proposed licensees who are legally, financially and otherwise qualified to conduct experimentation for the development of engineering or operational data, or techniques, directly related to a proposed radio service or to a regularly established radio service regulated by the rules of this part.
Developmental authorizations may be issued for:
(a) Field strength surveys relative to or precedent to the filing of applications for licenses, in connection with the selection of suitable locations for stations proposed to be established in any of the regularly established radio services regulated by the rules of this part; or
(b) The testing of existing or authorized antennas, wave guides, paths, or other equipment used in a system subject to this part.
The program of research and development, as stated by an applicant in the application for license or stated in the instrument of station authorization, must be substantially adhered to unless the licensee is otherwise authorized by the Commission.
(a) An authorization for the development of a new service not in accordance with the provisions of the rules in this part may be granted for a limited time, but only after the Commission has made a preliminary determination with respect to the factors set forth in this paragraph, as each case may require. This procedure also applies to any application that involves use of a frequency which is not in accordance with the provisions of the rules in this part, although in accordance with the Table of Frequency Allocations contained in part 2 of this chapter. (An application which involves use of a frequency which is not in accordance with the Table of Frequency Allocations in part 2 of this chapter should be filed in accordance with the provisions of part 5 of this chapter, Experimental Radio Services.) The factors with respect to which the Commission will make a preliminary determination before acting on an application filed under this paragraph are as follows:
(1) That the public interest, convenience or necessity warrants consideration of the establishment of the proposed service or the use of the proposed frequency;
(2) That the proposed operation appears to warrant consideration to effect a change in the provisions of the rules in this part; and/or
(3) That some operational data should be developed for consideration in any rule making proceeding which may be initiated.
(b) Applications for stations that are intended to be used in the development of a proposed service must be accompanied by a petition to amend the Commission's rules with respect to frequencies and such other items as may be necessary to provide for the regular establishment of the proposed service.
(a) Developmental authorizations normally will be issued for one year, or such shorter term as the Commission may deem appropriate in any particular case, and will be subject to cancellation without hearing by the Commission at any time upon notice to the licensee.
(b) Where some phases of the developmental program are not covered by the general rules of the Commission or by the rules of this part, the Commission may specify supplemental or additional requirements or conditions in each case as it may deem necessary in the public interest, convenience or necessity.
(c) Frequencies allocated to the service toward which such development is directed will be assigned for developmental operation on the basis that no interference will be caused to the regular services of stations operating in accordance with the Commission's Table of Frequency Allocations (§ 2.106 of this chapter).
(d) The rendition of communication service for hire is not permitted under any developmental authorizations unless specifically authorized by the Commission.
(e) The grant of a developmental authorization carries with it no assurance that the developmental program, if successful, will be authorized on a permanent basis either as to the service involved or the use of the frequencies assigned or any other frequencies.
(a) Authorizations for development of a proposed radio service in the services included in this part will be issued only upon a showing that the applicant has a definite program of research and development, the details of which must be set forth, which has reasonable promise of substantial contribution to these services within the term of such authorization. A specific showing should be made as to the factors which qualify the applicant technically to conduct the research and development program, including a description of the nature and extent of engineering facilities that the applicant has available for such purposes.
(b) Expiring developmental authorizations may be renewed only upon the applicant's compliance with the applicable requirements of § 101.413 (a) and
(a) Upon completion of the program of research and development, or, in any event, upon the expiration of the instrument of station authorization under which such investigations were permitted, or at such times during the term of the station authorization as the Commission may deem necessary to evaluate the progress of the developmental program, the licensee must submit a comprehensive report on the following items, in the order designated:
(1) Report on the various phases of the project which were investigated;
(2) Total number of hours of operation on each frequency assigned;
(3) Copies of any publication on the project;
(4) Detailed analysis of the result obtained; and
(5) Any other pertinent information.
(b) In addition to the information required by paragraph (a) of this section, the developmental report of a station authorized for the development of a proposed radio service must include comprehensive information on the following items:
(1) Probable public support and methods of its determination;
(2) Practicability of service operations;
(3) Interference encountered;
(4) Pertinent information relative to merits of the proposed service;
(5) Propagation characteristics of frequencies used, particularly with respect to the service objective;
(6) Frequencies believed to be more suitable and reasons therefor; and
(7) Type of signals or communications employed in the experimental work.
(c) Developmental reports will be made a part of the Commission's public records, except upon the applicant's specific request for confidentiality and Commission approval in accordance with § 0.459 of this chapter. Information determined confidential by the Commission will not be publicly disclosed.
In that DEMS operations will be transitioned to the 24 GHz band, applications for new facilities using the 18 GHz channels identified in § 101.147(r)(9) are not acceptable for filing as of June 5, 1997.
DEMS Nodal Stations may be authorized only as a part of an integrated communication system wherein DEMS User Stations associated therewith also are licensed to the DEMS Nodal Station licensee. Applications for DEMS Nodal Station licenses should specify the maximum number of DEMS User Stations to be served by that nodal station. Any increase in that number must be applied for pursuant to § 1.913 of this chapter.
Frequencies, and the conditions on which they are available, for DEMS operations are contained in this subpart as well as in § 101.147(r)(9) of subpart C of this part.
The frequency stability in the 17,700-19,700 and 24,250-25,250 MHz bands must be
(a) All harmful interference to other users and blocking of adjacent channel use in the same city and cochannel use
(b) As a condition for use of frequencies in this service each carrier is required to:
(1) Engineer the system to be reasonably compatible with adjacent channel operations in the same city; and
(2) Cooperate fully and in good faith to resolve whatever potential interference and transmission security problems may be present in adjacent channel operation.
(c) The following interference studies, as appropriate, must be included in DEMS Nodal Station applications to the extent they are provided for in this subpart:
(1) An analysis of the potential for harmful interference with other stations if the coordinates of any proposed station are located within 80 kilometers (50 miles) of the coordinates of any authorized, or previously proposed station(s) that utilizes, or would utilize, the same frequency or an adjacent potentially interfering frequency; and
(2) An analysis concerning possible adverse impact upon Canadian communications if the station's transmitting antenna is to be located within 55 kilometers (35 miles) of the Canadian border.
(d) In addition a copy of the interference analysis submitted in response to paragraph (c)(1) of this section must be served on all applicants and/or grantees concerned within 5 days of its submission to the Commission.
(a) The DEMS is intended to provide for the exchange of digital information among and between subscribers using one or more DEMS Systems.
(b) Unless otherwise directed or conditioned in the applicable instrument of authorization, DEMS may be used to exchange any type of digital information consistent with the Commission's Rules and the applicable tariff of the carrier.
(c) The carrier's tariff must fully describe the parameters of the service to be provided, including the degree of communications security a subscriber can expect in ordinary service.
The transmitter power will be governed by § 101.113. Further, each application must contain an analysis demonstrating compliance with § 101.113(a).
Different types of emissions may be authorized if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the bandwidth desired is no wider than needed to provide the intended service. In no event, however, may the necessary or occupied bandwidth exceed the specified channel width of the assigned pair.
(a) Transmitting antennas may be omnidirectional or directional, consistent with coverage and interference requirements.
(b) The use of horizontal or vertical plane wave polarization, or right hand or left hand rotating elliptical polarization must be used to minimize harmful interference between stations.
(c) Directive antennas must be used at all DEMS User Stations and may be elevated no higher than necessary to assure adequate service. Antenna structures requiring FAA notification under part 17 of this chapter must be registered with the Commission. The structure owner is responsible for registering, painting, and lighting the structure if applicable. Requests for such authorization must show the inclusive dates of the proposed operation.
(a) All DEMS licensees must make available to the public all information necessary to allow the manufacture of user equipment that will be compatible with the licensee's network.
(b) All DEMS licensees must make available to the public all information necessary to allow interconnection of DEMS networks.
All applicants for DEMS frequencies must submit as part of the original application a detailed plan indicating how the bandwidth requested will be utilized. In particular the application must contain detailed descriptions of the modulation method, the channel time sharing method, any error detecting and/or correcting codes, any spatial frequency reuse system and the total data throughput capacity in each of the links in the system. Further, the application must include a separate analysis of the spectral efficiency including both information bits per unit bandwidth and the total bits per unit bandwidth.
Any person, or any governmental entity or agency, eligible for licensing in a radio service or pool under part 80, 87, or 90 of this chapter or any person proposing to provide communications service to such persons, governmental entities or agencies is eligible to hold a license under this subpart.
(a) Except as provided in paragraph (b) of this section, stations in this radio service may transmit communications as follows:
(1) On frequencies below 21,200 MHz, licensees may transmit their own communications, including the transmission of their products and information services, to their customers except that the distribution of video entertainment material to customers is permitted only as indicated in § 101.101 and paragraph (a)(2) of this section.
(2) In the frequency bands 6425-6525 MHz, 18,142-18,580 MHz and on frequencies above 21,200 MHz, licensees may deliver any of their own products and services to any receiving location;
(3) Licensees may transmit the communications of their parent corporation, or of another subsidiary of the same parent, or their own subsidiary where the party to be served is regularly engaged in any of the activities that constitute the basis for eligibility to use the frequencies assigned;
(4) Licensees may transmit the communications of other parties in accordance with § 101.135;
(5) Licensees may transmit emergency communications unrelated to their activities in accordance with § 101.205;
(6) Licensees may transmit communications on a commercial basis to eligible users, among different premises of a single eligible user, or from one eligible user to another as part of transmissions by Digital Electronic Message Service systems on the frequencies provided for this purpose;
(7) Licensees may transmit program material from one location to another, provided that the frequencies do not serve as the final RF link in the chain of distribution of the program material to broadcast stations;
(b) Stations licensed in this radio service shall not:
(1) Render a common carrier communications service of any kind;
(2) Transmit program material for use in connection with broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of this section; and/or
(3) Be used to provide the final RF link in the chain of transmission of program material to cable television systems, multipoint distribution systems or master antenna TV systems, except in the frequency bands 6425-6525 and 18,142-18,580 MHz and on frequencies above 21,200 MHz.
(a) Authorizations for stations in this service will be issued to existing and proposed common carriers. Applications will be granted only in cases in which it is shown that:
(1) The applicant is legally, technically, financially and otherwise qualified to render the proposed service;
(2) There are frequencies available to enable the applicant to render a satisfactory service; and
(3) The public interest, convenience, and necessity would be served by a grant thereof.
(b) If the content is originated, selected, controlled, or otherwise substantively influenced by the applicant, licensee, or a closely affiliated entity, no station or radio frequency in this service will be authorized, or may be utilized, to transmit any closed circuit television signals or television signals other than broadcast television signals, unless:
(1) Such service is otherwise permitted for a specific length of time by grant of an acceptable petition for waiver of this rule; or
(2) Such service is otherwise permitted by a condition in the applicable instrument of authorization; or
(3) Such service is provided pursuant to applicable FCC tariff and is temporary and occasional intra-company television communication for management, network supervision, or other internal carrier functions. For purposes of this paragraph, an entity will be considered to be “closely affiliated” with an applicant if it is in a parent-subsidiary relationship, or both are commonly controlled, or they have any common officers or management employees.
(c) Applications for stations or frequencies that will be used primarily to relay broadcast television signals must include a certification that at least fifty percent of the customers (or points of service) on the microwave system involved, including those served through an interconnecting carrier(s), receiving applicant's service, will not be related or affiliated in any degree with the applicant, and that the proposed usage by such customers, in terms of hours of use and channels delivered, must constitute at least fifty percent of the usage of the applicant's microwave service. Applications that do not contain these certifications will be returned as unacceptable for filing.
At 63 FR 68983, Dec. 14, 1998, § 101.701 was amended by revising paragraph (c). This section contains information collection and recordkeeping requirements, and the amendment will not become effective until approval has been given by the Office of Management and Budget.
Stations in this service are authorized to render any kind of communication service provided for in the legally applicable tariffs of the carrier, unless otherwise directed in the applicable instrument of authorization or limited by § 101.147 or §§ 101.111 and 101.113.
Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with § 101.103(c) or the exceptions recognized in paragraph 141 of the
Authorizations for stations in this service will be granted to existing and proposed communication common carriers. Applications will be granted only in cases where it is shown that:
(a) The applicant is legally, financially, technically and otherwise qualified to render the proposed service;
(b) There are frequencies available to enable the applicant to render a satisfactory service; and
(c) The public interest, convenience or necessity would be served by a grant thereof.
(a) Frequencies in the following bands are available for assignment to television pickup and television non-broadcast pickup stations in this service:
(1) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's Rules.
(2) This frequency band is shared with Government stations.
(3) This frequency band is shared, on a secondary basis, with stations in the broadcasting-satellite and fixed-satellite services.
(4) This frequency band is shared with stations in the earth-exploration satellite service.
(5) Assignments to common carriers in this band are normally made in the segments 21,200-21,800 MHz and 22,400-23,800 MHz and to operational fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. Assignments may be made otherwise only upon a showing that interference free frequencies are not available in the normally assigned band segments.
(6) This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter, and subpart H of this part.
(7) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from similarly licensed stations or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations.
(8) The maximum power for the local television transmission service in the 14.2-14.4 GHz band is +45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit.
(b) Communications common carriers in the Local Television Transmission Service may be assigned frequencies listed in §§ 74.602(a), 78.18(a)(7) and 78.18(a)(8) of this chapter to provide service to television broadcast stations, television broadcast network-entities, cable system operators and cable network-entities. Frequency availability is subject to the provisions of § 74.604 of this chapter and the use of the facility is limited to the permissible uses described in §§ 74.631 and 78.11 of this chapter. Operations on these frequencies are subject to the technical provisions of part 74, subpart F, and part 78, subpart D of this chapter.
(c) [Reserved]
(d) Frequencies in the following bands are available for assignment to television STL stations in this service:
(1) This frequency band is shared with stations in the Point to Point Microwave Radio Service and, in United States Possessions in the Caribbean area, with stations in the International Fixed Radiocommunications Services.
(2) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's rules.
(3) This frequency band is shared with space stations (space to earth) in the fixed-satellite service.
(4) This frequency band is shared with Government stations.
(5) This frequency band is shared with earth stations (earth to space) in the fixed-satellite services.
(6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service.
(7) This frequency band is shared with space stations (space to earth) in the earth exploration satellite service.
(8) Assignments to common carriers in this band are normally made in the segments 21,200-21,800 MHz and 22,400-23,000 MHz and to operational fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. Assignments may be made otherwise only upon a showing that interference free frequencies are not available in the appropriate band segments.
(9) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from
(e) On the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations, persons holding valid station authorizations on July 15, 1963, to provide television nonbroadcast pickup service in the 6525-6575 MHz band may be authorized to continue use of the frequencies specified in their authorization for such operations until July 15, 1968.
(f)
(1) 1 MHz maximum authorized bandwidth channels.
(2) 8 MHz maximum authorized bandwidth channels.
(3) 25 MHz maximum authorized bandwidth channels.
(g) The frequency 27.255 MHz in the 27.23-27.28 MHz band is allocated for assignment to microwave auxiliary stations in this service on a shared basis with other radio services. Assignments to stations on this frequency will not be protected from such interference as may be experienced from the emissions of industrial, scientific and medical equipment operating on 27.12 MHz in accordance with § 2.106 of this chapter.
The assignment of frequencies to mobile stations in this service will not be limited to a single licensee within any area. However, geographical limits within which mobile units may operate may be imposed by the Commission.
Stations in this service will not be authorized to use transmitters having a rated power output in excess of the limits set forth in § 101.113(b) and a standby transmitter having a rated power output in excess of that of the main transmitter with which it is associated will not be authorized.
(a) Stations in this service operating on frequencies in the 27.23-27.28 MHz band will be authorized to employ only amplitude modulated or frequency modulated emission for radiotelephony. The authorization to use such emissions will be construed to include authority to employ unmodulated emission only for temporary or short periods necessary for equipment testing incident to the construction and maintenance of the station.
(b) Stations in the service operating on frequencies above 940 MHz may be authorized to use amplitude modulated, frequency modulated or pulse type of emission for radiotelephony and television. In addition, the use of unmodulated emission may be authorized in appropriate cases.
(c) The maximum bandwidths which will normally be authorized for single channel operation on frequencies below 500 MHz in this service must not exceed the limits set forth below:
(d) Maximum bandwidths in the following frequency bands must not exceed the limits set forth below:
(e) The bandwidths authorized on frequencies above 500 MHz must be appropriate to the type of operation in any particular case. An application requesting such authorization must fully describe the modulation, emission, and bandwidth desired and must specify the bandwidth to be occupied.
(a) The use of modulating frequencies higher than 3000 hertz for single channel radiotelephony or tone signaling on frequencies below 500 MHz is not authorized.
(b) When amplitude modulation is used, the modulation percentage must be sufficient to provide efficient communication and must normally be maintained above 70 percent on positive peaks, but may not exceed 100 percent on negative peaks.
(c) When phase or frequency modulation is used for single channel radiotelephony on frequencies below 500 MHz, the deviation arising from modulation may not exceed plus or minus 15 kHz from the unmodulated carrier.
(d) Each unmultiplexed radiotelephone transmitter having more than 3 watts plate power input to the final radio frequency stage and initially installed at the station in this service after September 4, 1956, must be provided with a device that will automatically prevent modulation in excess of that specified in paragraphs (b) and (c) of this section which may be caused by greater than normal audio level.
(a) Mobile television pickup stations (including nonbroadcast) may be operated by remote control from the fixed locations for periods not to exceed 6 months.
(b) The Commission may, upon adequate showing by the licensee as to why the television pickup operations should not be conducted under a fixed station authorization, renew the authority granted under the provisions of paragraph (a) of this section.
(c) Reference should be made to § 101.125 concerning mobile station antenna height restrictions and to paragraphs (c) and (f) of § 101.131 concerning control points.
(a) Authorizations may be issued upon proper application for the use of frequencies listed in § 101.803 by stations in the Local Television Transmission Service for rendition of temporary service to subscribers under the following conditions:
(1) When a fixed station is to remain at a single location for less than 6 months, the location is considered to be temporary. Services that are initially known to be of longer than 6 months’ duration may not be provided under a temporary fixed authorization but rendered pursuant to a regular license.
(2) When a fixed station authorized to operate at temporary locations is installed and it subsequently becomes necessary for the station to operate from such location for more than six months, an application for a station authorization to specify the permanent location must be filed at least thirty days prior to the expiration of the six month period.
(3) The station must be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable.
(4) The antenna structure height employed at any location may not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from
(5) Applications for such stations must comply with the provisions of § 101.21(f).
(b) Applications for authorizations to operate stations at temporary locations under the provisions of this section may be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters.
(c) Prior coordination of mobile assignments will be in accordance with the procedures in § 101.103(d) except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree.
(a) The licensee of stations authorized pursuant to § 101.813 must notify the Commission prior to each period of operation. This notification must include:
(1) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s);
(2) The maintenance location for the transmitter;
(3) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities;
(4) The exact frequency or frequencies to be used;
(5) The public interest, convenience and necessity to be served by operation of the proposed installation;
(6) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly must be given to the Commission;
(7) Where the notification contemplates initially a service that is to be rendered for a period longer than 90 days, the notification must contain a showing as to why application should not be made for regular authorization; and
(8) A notification must include compliance with the provisions of § 101.813(c).
(b) A copy of the notification must be kept with the station license.
In frequency bands shared with the communication-satellite service, applicants must also comply with the requirements of § 101.21.
Any entity, other than one precluded by § 101.7 and by § 101.1003, is eligible for authorization to provide Local Multipoint Distribution Service (LMDS) under this subpart. Authorization will be granted upon proper application filed under the rules in this part.
(a) The following frequencies are available for assignment to LMDS in two license blocks:
(b) In Block A licenses, the frequencies are authorized as follows:
(1) 27,500-28,350 MHz is authorized on a primary protected basis and is shared with Fixed Satellite Service (FSS) systems.
(2) 29,100-29,250 MHz is shared on a co-primary basis with feeder links for
(3) 31,075-31,225 MHz is authorized on a primary protected basis and is shared with private microwave point-to-point systems licensed prior to March 11, 1997, as provided in § 101.103(b).
(c) In Block B licenses, the frequencies are authorized as follows:
(1) On a primary protected basis if LMDS shares the frequencies with systems licensed as Local Television Transmission Service (LTTS) licensed prior to March 11, 1997, as provided in § 101.103(b).
(2) On a co-equal basis with systems not licensed as LTTS prior to March 11, 1997, as provided in § 101.103(g).
LMDS service areas are Basic Trading Areas (BTAs) as defined in the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, that identifies 487 BTAs based on the 50 States and as defined to include the BTA-like areas of the United States Virgin Islands, American Samoa, Guam, Mayaguez/Aguadilla-Ponce, Puerto Rico, San Juan, Puerto Rico, and the Commonwealth of Northern Marinas, for a total of 493 BTAs.
(a) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows:
(1) A station would be required to be individually licensed if:
(i) International agreements require coordination;
(ii) Submission of an Environmental Assessment is required under § 1.1307 of this chapter.
(iii) The station would affect the radio quiet zones under § 1.924 of this chapter.
(2) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter.
(b) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station.
(a) LMDS licensees must make a showing of “substantial service” in their license area within ten years of being licensed. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.
(b) A renewal applicant involved in a comparative renewal proceeding shall receive a preference, commonly referred to as a renewal expectancy, that is the most important comparative factor to be considered in the proceeding as long as the applicant's past record for the relevant license period demonstrates that:
(1) The renewal applicant has provided “substantial” service during its past license term; and
(2) The renewal applicant has substantially complied with applicable FCC rules, policies, and the Communications Act of 1934, as amended.
(c) In order to establish its right to a renewal expectancy, an LMDS 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:
(1) A description of its current service in terms of geographic coverage and population served:
(2) An explanation of its record of expansion, including a timetable of new construction to meet changes in demand for service:
(3) A description of its investments in its LMDS system; and
(4) 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.
(d) 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.
(a) Authorizations for stations in the Local Multipoint Distribution Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization.
(b) Stations may render any kind of communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis.
(c) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service.
(a)
(b)
(i) Change the carrier status requested, or
(ii) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license.
(2) Amendments to change, or add to, the carrier status in a pending application are minor amendments pursuant to § 1.927 of this chapter.
(c)
(i) Change the carrier status authorized, or
(ii) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license.
(2) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under § 1.927 of this chapter. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by § 101.305(b) or (c) and submits the application under § 1.927 of this chapter in conformance with the time frames and requirements of §§ 101.305 (b) or (c).
Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part.
The Commission will employ a simultaneous multiple round auction design when choosing from among mutually exclusive initial applications to provide LMDS, unless otherwise specified by the Wireless Telecommunications Bureau before the auction.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Each applicant to participate in competitive bidding for LMDS licenses must submit an application (FCC Forms 175 and 175-S) pursuant to the provisions of § 1.2105 of this chapter.
(a) Each applicant to participate in an LMDS auction will be required to submit an upfront payment in accordance with § 1.2106 of this chapter as announced by the Wireless Telecommunications Bureau by Public Notice.
(b) Winning bidders in LMDS auctions must submit a down payment to the Commission in an amount sufficient to bring their total deposits up to 20 percent of their winning bids within ten business days following the release of a Public Notice announcing the close of the auction. Winning bidders must pay the full balance of their winning bids within ten business days following the release of a Public Notice that the Commission is prepared to award the licenses.
(a) A winning bidder that qualifies as a very small business or a consortium of very small businesses pursuant to § 101.1112 may use a bidding credit of 45 percent to lower the cost of its winning bid.
(b) A winning bidder that qualifies as a small business or a consortium of small businesses pursuant to § 101.1112 may use a bidding credit of 35 percent to lower the cost of its winning bid.
(c) A winning bidder that qualifies as an entrepreneur or a consortium of entrepreneurs pursuant to § 101.1112 may use a bidding credit of 25 percent to lower the cost of its winning bid.
(d) The bidding credits referenced in paragraphs (a), (b) and (c) of this section are not cumulative.
(e)
(2) The amount of payments made pursuant to paragraph (e)(1) of this section will be reduced over time as follows:
(i) A transfer in the first two years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit (or the difference between the bidding credit obtained by the original licensee and the bidding credit for which the post-transfer licensee is eligible);
(ii) In year three of the license term the payment will be 75 percent;
(iii) In year four of the license term the payment will be 50 percent; and
(iv) In year five of the license term the payment will be 25 percent, after which there will be no required payment.
(a)
(1) The identities of the applicant's affiliates and controlling principals; and
(2) The applicant's gross revenues, computed in accordance with § 101.1112.
(b)
(1) Disclose separately and in the aggregate the gross revenues, computed in accordance with § 101.1112, for each of the following: the applicant, the applicant's affiliates, the applicant's controlling principals, and, if a consortium of very small businesses, small businesses or entrepreneurs, the members of the consortium;
(2) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a very small business, small business or entrepreneur, including the establishment of de facto and de jure control; such agreements and instruments include, but are not limited to, articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements including letters of intent, oral or written; and
(3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees.
(c)
(d)
(2) Consent to such audits is part of the certification included in the short-form application (FCC Form 175). Such consent shall include consent to the audit of the applicant's or licensee's books, documents and other material (including accounting procedures and practices) regardless of form or type, sufficient to confirm that such applicant's or licensee's representations are, and remain, accurate. Such consent shall include inspection at all reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed LMDS service, and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee.
Procedures regarding petitions to deny long-form applications in the LMDS service will be governed by § 1.2108 (b) through (d) of this chapter.
(a)
(b)
(2) Licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses.
(c)
(2)
(3)
(d)
(e)
(a)
(b)
(c)
(d)
(e) For purposes of determining whether an entity meets the definition of very small business, small business or entrepreneur, the gross revenues of the applicant, its affiliates and controlling principals shall be considered on a cumulative basis and aggregated.
(f)
(g)
(h)
(i) Directly or indirectly controls or has the power to control the applicant;
(ii) Is directly or indirectly controlled by the applicant;
(iii) Is directly or indirectly controlled by a third party or parties who also control or have the power to control the applicant; or
(iv) Has an “identity of interest” with the applicant.
(2)
An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting stock to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of director, officer, or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of her position in the concern, has a critical influence in or substantive control over the operations or management of the concern.
(iii) Control can arise through management positions if the voting stock is so widely distributed that no effective control can be established.
In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are controlling principals of the applicant, the other entity will be deemed an affiliate of the applicant.
(3)
(i)
(ii)
(A) The family members are estranged;
(B) The family ties are remote; or
(C) The family members are not closely involved with each other in business matters.
A owns a controlling interest in Corporation X. A's sister-in-law, B, has a controlling interest in an LMDS license application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.
(4)
(ii) An applicant is presumed to control or have the power to control a concern even though he owns, controls, or has the power to control less than 50 percent of the concern's voting stock, if the block of stock she owns, controls, or has the power to control is large as compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.
(5)
If company B holds an option to purchase a controlling interest in company A, which holds a controlling interest in an LMDS applicant, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant.
If a large company, BigCo, holds 70 percent (70 of 100 outstanding shares) of the voting stock of company A, who holds a controlling interest in an LMDS license applicant, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate of company A, and thus the applicant, until SmallCo actually exercises its options to purchase such shares. In order to prevent BigCo from circumventing the intent of the rule, which requires such options to be considered on a fully diluted basis, the option is not considered to have present effect in this case.
If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.
(6)
(ii) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.
(7)
(8)
(9)
(10)
(11)
Mutually exclusive 38.6-40.0 GHz initial applications are subject to competitive bidding. The general competitive bidding procedures found in 47 CFR Part 1, Subpart Q will apply unless otherwise provided in this part.
The following competitive bidding procedures generally will be used in 38.6-40.0 GHz auctions. Additional, specific procedures may be set forth by public notice. The Commission also may design and test alternative procedures. See 47 CFR §§ 1.2103 and 1.2104. The Commission will employ simultaneous multiple round bidding when choosing from among mutually exclusive initial applications to provide 38.6-40.0 GHz service, unless otherwise specified by the Wireless Telecommunications Bureau before the auction.
(a)
(b)
(c)
(d)
(e)
All applicants to participate in competitive bidding for 38.6-40.0 GHz licenses must submit applications on FCC Forms 175 pursuant to the provisions of § 1.2105 of this Chapter. The Wireless Telecommunications Bureau will issue a public notice announcing the availability of 38.6-40.0 GHz licenses and, in the event that mutually exclusive applications are filed, the date of the auction for those licenses. This public notice also will specify the date on or before which applicants intending to participate in a 38.6-40.0 auction must file their applications in order to be eligible for that auction, and it will contain information necessary for completion of the application as well as other important information such as the materials which must accompany the forms, any filing fee that must accompany the application or any upfront payment that need to be submitted, and the location where the application must be filed. In addition, each applicant must identify its status as a small business or rural telephone company.
(a) Each bidder in the 38.6-40.0 GHz auction will be required to submit an upfront payment. This upfront payment will be based upon a formula established by the Wireless Telecommunications Bureau and announced by public notice prior to the auction.
(b) Each winning bidder in the 38.6-40.0 GHz auction shall make a down
Each winning bidder will be required to submit a long-form application. Winning bidders must submit long-form applications within ten (10) business days after being notified by Public Notice that it is the winning bidder. Long-form applications shall be processed under the rules contained in parts 1 and 101 of the Commission's rules.
The applicable procedures for the filing of petitions to deny the long-form applications of winning bidders contained in § 1.2108 of the Commission's rules shall be followed by the applicant (see 47 CFR 1.2108).
(a) A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in § 101.1209(b)(1)(i) may use a bidding credit of 25 percent to lower the cost of its winning bid on any of the licenses in this part. A winning bidder that qualifies as a very small business or a consortium of very small businesses, (as defined in § 101.1209(b)(1)(ii) may use a bidding credit of 35 percent to lower the cost of its winning bid on any of the licenses in this part.
(b)
(2) If a small business that utilizes a bidding credit under this section seeks to assign or transfer control of its license to a small business meeting the eligibility standards for lower bidding credits or seeks to make any other change in ownership that would result in the licensee qualifying for a lower bidding credit under this section, the licensee must seek Commission approval and reimburse the government for the difference between the amount of the bidding credit obtained by the licensee and the bidding credit for which the assignee, transferee or licensee is eligible under this section as a condition of the approval of such assignment, transfer or other ownership change.
(a)
(b)
(ii) A very small business is an entity that together with its affiliates and persons or entities that hold attributable interests in such entity and their affiliates, has average gross revenues that are not more than $15 million for the preceding three years.
(2) For purposes of determining whether an entity meets either the small business or very small business definitions set forth in paragraph (b)(1) of this section, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated.
(3) A small business consortium is a conglomerate organization formed as a joint venture between or among mutually-independent business firms, each of which individually satisfies either definition of a small business in paragraphs (b)(1) and (b)(2) of this section.
(c)
(1) Provides common carrier service to any local exchange carrier study area that does not include either—
(i) Any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or
(ii) Any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census, as of August 10, 1993;
(2) Provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;
(3) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or
(4) Has less than 15 per cent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1996.
(d)
(e)
(i) Directly or indirectly controls or has the power to control the applicant, or
(ii) Is directly or indirectly controlled by the applicant, or
(iii) Is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or
(iv) Has an “identity of interest” with the applicant.
(2)
(i) Every business concern is considered to have one or more parties who directly or indirectly control or have the power to control it. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists.
An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.
(ii) Control can arise through stock ownership; occupancy of director, officer or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of his/her position in the concern, has a critical influence in or
(iii) Control can arise through management positions where a concern's voting stock is so widely distributed that no effective control can be established.
In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him or her control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are persons with attributable interests in the applicant, the other entity will be deemed an affiliate of the applicant.
(3)
Two shareholders in Corporation Y each have attributable interests in the same application. While neither shareholder has enough shares to individually control Corporation Y, together they have the power to control Corporation Y. The two shareholders with these common investments (or identity of interest) are treated as though they are one person and Corporation Y would be deemed an affiliate of the applicant.
One shareholder in Corporation Y, shareholder A, has an attributable interest in a SMR application. Another shareholder in Corporation Y, shareholder B, has a nonattributable interest in the same SMR application. While neither shareholder has enough shares to individually control Corporation Y, together they have the power to control Corporation Y. Through the common investment of shareholders A and B in the SMR application, Corporation Y would still be deemed an affiliate of the applicant.
(i)
(ii)
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other in business matters.
A owns a controlling interest in Corporation X. A's sister-in-law, B, has an attributable interest in an SMR application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.
(4)
(ii) An applicant is presumed to control or have the power to control a concern even though he or she owns, controls or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he or she owns, controls or has the power to control is large as compared with any other outstanding block of stock.
(iii) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or
(5)
If company B holds an option to purchase a controlling interest in company A, who holds an attributable interest in an SMR application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant.
If a large company, BigCo, holds 70% (70 of 100 outstanding shares) of the voting stock of company A, who holds an attributable interest in an SMR application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate of company, and thus the applicant, until SmallCo actually exercises its options to purchase such shares. In order to prevent BigCo from circumventing the intent of the rule which requires such options to be considered on a fully diluted basis, the option is not considered to have present effect in this case.
If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.
(6)
(ii) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.
(7)
(8)
(9)
(10)
(ii) The parties to a joint venture are considered to be affiliated with each other.
(11)
This subpart sets out the regulations governing the licensing and operation of Multiple AddressSystems (MAS). The rules in this subpart are to be used in conjunction with applicable requirements contained elsewhere in the Commission's rules, such as those requirements contained in parts 1 and 22 of this chapter.
Authorizations for stations in this service will be granted in cases where it is shown that:
(a) The applicant is legally, financially, technically and otherwise qualified to render the proposed service;
(b) There are frequencies available to enable the applicant to render a satisfactory service; and
(c) The public interest, convenience or necessity would be served by a grant thereof.
A private internal service is a service where entities utilize frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis.
MAS users may engage in terrestrial point-to-point and point-to-multi-point fixed and mobile operations.
(a) The Commission will rely on each applicant to specify on FCC Form 601 the type of service or services it intends to provide. Each application for authorization in the bands designated for private internal use must include a certification stating why the application satisfies the definition of private internal use.
(b) Any interested party may challenge the regulatory status granted an MAS licensee.
(a) Winning bidders must file an application (FCC Form 601) for an initial authorization in each market and frequency block.
(b) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted, except as specified in § 101.1329.
The license term for stations authorized under this subpart is ten years from the date of original issuance or renewal.
In the frequency bands not licensed on a site-by-site basis, the geographic service areas for MAS are Economic
Mutually exclusive initial applications for licenses in the portions of the MAS bands licensed on a geographic area basis are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part.
For the purpose of establishing eligibility requirements and bidding credits for competitive bidding for MAS licenses, pursuant to § 1.2110 of this chapter, the following definitions apply:
(a)
(2) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average gross revenues for the preceding three years not to exceed $3 million, as determined pursuant to § 1.2110 of this chapter.
(b)
(c)
(a) An MAS system license acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), together with all appurtenances may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.2111 of this chapter.
(b) An MAS system license obtained through site-based licensing procedures, together with all appurtenances may be transferred, assigned, sold, or given away, to any other entity in accordance with the provisions and procedures set forth in § 1.948 of this chapter.
(a)
(2) Eligible MAS licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. Eligible MAS licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license.
(b)
(ii) Spectrum licensed to MAS licensees does not count toward the CMRS spectrum cap discussed in § 20.6 of this chapter.
(2)
(3)
(4)
(c)
(d)
(2)
(3) All applications requesting partial assignments of license for partitioning or disaggregation must certify in the appropriate portion of the application which construction option is selected.
(4) Responsible parties must submit supporting documents showing compliance with the respective construction requirements within the appropriate construction benchmarks set forth in § 101.1325.
(e)
(a) Incumbent site-based licensees are subject to the construction requirements set forth in § 101.63 of subpart B (Applications and Licenses).
(b) Each MAS EA licensee must provide service to at least one-fifth of the population in its service area or “substantial service” within five years of the license grant. In addition, MAS EA licensees must make a showing of continued “substantial service” within ten years of the license grant. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.
(c) Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the initial license, and the licensee will be ineligible to regain it.
(a) A renewal applicant shall receive a renewal expectancy at the end of the license period as long as the applicant:
(1) Demonstrates that the licensee has provided continued “substantial service,”
(2) Demonstrates that the licensee has substantially complied with applicable Commission Rules, policies, and the Communications Act of 1934, as amended;
(3) Provides an explanation of the licensee's record of expansion, including a timetable of the construction of new facilities to meet changes in demand for services provided by the licensee; and (4) Provides a description of investments made by the licensee in its system.
(b) In determining whether a renewal applicant has complied with the “substantial service” requirement by the end of the ten-year initial license term, the Commission may consider factors such as:
(1) Whether the licensee is offering a specialized or technologically sophisticated service that does not require a high level of coverage to be of benefit to customers; and
(2) Whether the licensee's operations service niche markets or focus on serving populations outside of areas served by other licensees. The “substantial service” requirement can, however, be met in other ways, and the Commission will review each licensee's showing on a case-by-case basis.
(c) A “substantial service” assessment will be made at renewal pursuant to the procedures contained in § 1.949 of this chapter.
At 65 FR 17450, Apr. 3, 2000, subpart O, consisting of §§ 101.1301-101.1333 was added. Section 101.1327 contains an information collection requirement that is not effective until it has been approved by the Office of Management and Budget.
EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that:
(a) Requires the submission of an environmental assessment under § 1.1307 of this chapter;
(b) Requires international coordination; or
(c) Would affect the radio frequency quiet zones described in § 1.924 of this chapter.
(a) Any station licensed by the Commission prior to July 1, 1999, as well as any assignments or transfers of such station as of January 19, 2000, shall be considered incumbent.
(b) Incumbent operators in the 928.0-928.85/952.0-952.85/956.25-956.45 MHz bands are grandfathered as of January 19, 2000, and may continue to operate and expand their systems pursuant to the interference protection and co-channel spacing criteria contained in § 101.105.
(c) Incumbent operators in the 928.85-929.0/959.85-960.0 MHz bands are grandfathered as of January 19, 2000, and may expand their systems provided that the signal level of the additional transmitter(s) does not increase the composite contour that occurs at a 40.2 kilometer (25-mile) radius from the center of each master station transmitter site. Incumbent operators and geographic area licensees may negotiate alternative criteria.
(d) The frequencies associated with incumbent authorizations in the 928/959 MHz bands that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee.
(e) The frequencies associated with incumbent authorizations in the 928/952/956 MHz bands that have cancelled automatically will revert to the Commission.
(a)
(b) EA licensees are prohibited from exceeding a signal strength of 40 dB
(c) EA licensees are prohibited from exceeding a signal strength of 40 dBμV/
(d) In general, licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the applicable MAS frequencies.
(1)
(i) Within Lines A, B, C, and D, as defined in § 1.928(e) of this chapter, along the U.S./Canada border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis and may operate provided that they shall not transmit a power flux density (PFD) at the border greater than −100 dBW/m
(ii) Maximum antenna height above average terrain for master stations operating at a maximum power shall not exceed 150 meters. Above 150 meters, the power of master stations shall be in accordance with following table:
This information is from the
(2)
Between Lines A and B and between Lines C and D, as defined in § 1.928(e) of this chapter, along the U.S./Canada border, U.S. stations operating in the 928.50-928.75 MHz and 952.50-952.75 MHz bands are on an unprotected basis and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m
This information is from the
(3)
Within 113 kilometers of the U.S./Mexico border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis (non-interference to Mexican primary licensees) and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m
This information is from the
61 Stat. 496 (50 U.S.C. 401); 64 Stat. 798 (50 U.S.C. app. 2061); 64 Stat. 1245 (50 U.S.C. app. 2251); 90 Stat. 463 (42 U.S.C. 6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193); E.O. 12656, November 18, 1988 (53 FR 47491; 3 CFR, 1988 Comp., p. 585).
National policy with respect to the conservation, allocation and use of the Nation's telecommunications resources during crises and emergencies is set forth in Executive Order 12472. The following parts of this chapter address specific responsibilities with respect to management of telecommunications resources and related procedures which bear upon provision, restoration and continuity of telecommunications services during crises and emergencies. In doing so, the chapter encompasses both national security and emergency preparedness activities, consistent with Executive Order 12472. This concept of national security and emergency preparedness telecommunications services(as defined in § 201.2(g)) includes crises that do not necessarily entail serious degradation of, or serious threats to, national security. It therefore is a broader concept than the term “national security emergency preparedness activities” in Executive Order 12656, which concerns only national security emergencies, and preparedness activities necessarily related to such emergencies.
(a) Authorities and responsibilities related to and bearing upon national security and emergency preparedness telecommunications matters are set forth in:
(1) Section 706 of the Communications Act of 1934 (48 Stat. 1104, 47 U.S.C. 606), as amended.
(2) The National Security Act of 1947, as amended (61 Stat. 496, 50 U.S.C. 402).
(3) The Federal Civil Defense Act of 1950, as amended (50 U.S.C. app. 2251
(4) The Disaster Relief Act of 1974 (42 U.S.C. 5121
(5) The National Science and Technology Policy, Organization, and Priorities Act of 1976 (90 State. 463, 42 U.S.C. 6611).
(6) Executive Order 12046, “Relating to the Transfer of Telecommunications Functions,” March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158).
(7) Executive Order 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
(b) Authorities to be exercised in the execution and performance of emergency functions are subject to the provisions of the National Emergencies Act of 1976 (90 Stat. 1255, 50 U.S.C. 1601).
The following definitions apply herein:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(a) The Federal Government is responsible for resources mobilization, including determination of the need for and the extent of mobilization necessary in all crises and emergencies, wartime and non-wartime.
(b) The President has limited non-wartime NS/EP telecommunications functions, and wartime NS/EP functions under the Communications Act of 1934 (as amended), which have been delegated to Federal agencies under Executive Order 12472. Federal, State, and local governments share the responsibility for conservation of the Nation's telecommunications resources.
(1) The achievement of survival and recovery during a crisis or emergency would establish an unavoidable interdependence between and among Federal, State, and local authorities; therefore, there should be no barriers between Federal and State levels of authorities and between State and local levels of authorities which would impede, obstruct, or otherwise hinder effective conservation and equitable allocation of telecommunications resources and services to the needs of the Nation.
(2) The Federal Government will rely upon State governments and their telecommunications management organizations for management or control of intrastate carrier services and continuity of interconnectivity with interstate carriers to assure that national objectives and priorities are properly served. Applicable regulations of the Federal Communications Commission govern the extent of the allocation of responsibility between Federal and State authorities for the management of NS/EP intrastate carrier services and the interconnectivity of intrastate services for NS/EP telecommunications functions.
(c) A system of telecommunications service priorities will be established which facilitates the provisioning and early restoration of services considered vital to national interests during those events or crises which warrant NS/EP treatment.
(d) The President is authorized during, or in anticipation of, an emergency or major disaster (as defined in the Disaster Relief Act of 19/4) to establish temporary telecommunications systems and to make such telecommunications available to State and local government officials and such other persons as deemed appropriate (42 U.S.C. 5185).
(e) The President also is authorized, during war, when necessary in the interest of national defense and security, to direct or establish priorities for essential communications with any commercial or governmental carrier and to prevent obstruction of telecommunications. The President may also suspend or amend rules and regulations, close stations and facilities, and authorize U.S. government use and control of telecommunications resources with regard to:
(1) Radio communications (during war, or Presidentially declared threat of war, public peril, disaster or national emergency or a need to preserve the neutrality of the U.S.) and
(2) Wire communications (during war or threat of war).
(f) During an attack on the United States by an aggressor nation, and in an immediate postattack period, all decisions regarding the use of telecommunications resources will be directed to the objective of national survival and recovery. In order to achieve this objective, postattack resources will be assigned to activities concerned with the maintenance and saving of lives, immediate military defense and response, and economic activities essential to continued economic survival and recovery.
(g) The Director of the Office of Science and Technology Policy will serve as the central authority to control, coordinate, and direct the activities of the Nation's telecommunications facilities, systems, and services during periods of wartime emergency as determined under section 706 of the Communications Act of 1934 (47 U.S.C. 606), as amended.
(h) Telecommunications resources of the Federal Government will be employed, as required, to best serve the continuity of government and national interests.
(i) Federal agencies will, in the development of emergency operational plans, minimize, to the extent feasible, dependence upon telecommunications services for continuity of essential operations.
61 Stat. 496 (50 U.S.C. 401); 64 Stat. 798 (50 U.S.C. app. 2061); 64 Stat. 1245 (50 U.S.C. app. 2251); 90 Stat. 463 (42 U.S.C. 6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158); E.O. 11021, May 7, 1962 (27 FR 4409; 3 CFR, 1959-1963 Comp., p. 600); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
(a) During, or in anticipation of, a non-wartime emergency or natural disaster, a telecommunications capacity must exist to provide temporary telecommunications service to State and local government officials and other
(b) In the event of a general war and attack upon the Nation, a national telecommunications capability must exist that will support telecommunications requirements with respect to national security, survival and recovery. The development of survivable telecommunications to support essential functions (including an emergency broadcasting system), and technical compatibility of signaling methods, transmission modes, switching facilities, and terminal devices to permit exchange of communications over the surviving media of all systems, government or commercial, are crucial elements of such a national capability. In addition, a survivable national telecommunications management structure is necessary to manage initiation, coordination and restoration of telecommunications services. The management structure must include the following:
(1) Legal authority for telecommunications management.
(2) A control mechanism to manage the initiation, coordination and restoration of telecommunications services.
(3) Procedures to ensure timely damage assessment and allocation of residual resources and controlled restoration of services based on national policy/direction.
(4) The capability to execute a telecommunications recovery plan based on national policy/guidance.
(c) Notwithstanding any provision regarding NS/EP Planning and Execution, nothing in this part shall be deemed to affect the authorities or responsibilities of the Director of the Office of Management and Budget, or any Office or official thereof; or reassign any function assigned any agency under the Federal Property and Administrative Services Act of 1949, as amended, or under any other law, or any function vested by law in the Federal Communications Commission.
(a) The telecommunications resources of the Nation will be available for government use during crises and emergencies, wartime and non-wartime, and to satisfy the needs of the public welfare and safety.
(b) The National Plan for Telecommunications Support in Non-Wartime Emergencies provides procedures for planning and using National telecommunications assets and resources in support of non-wartime emergencies, including those covered by the Disaster Relief Act of 1974, in Presidentially declared Emergencies and Major Disasters, Extraordinary Situations, and other emergencies.
(c) An NS/EP Telecommunications Service Priority (TSP) System will provide procedures to authorize priority treatment for the provisioning and restoration of NS/EP telecommunications services for wartime and non-wartime emergencies.
(d) In wartime emergencies, facilities management will remain decentralized to the extent feasible to assure continued flexibility of operational response to critical needs, subject to the management direction and overriding authority of those officials delegated to act for and with the consent of the central point of authority within the Federal Government.
(1) Federally owned, leased, and/or operated telecommunications facilities, systems, and networks will be managed during such an emergency by the agency normally controlling the facility, system, or network except that all operations will be subject to the management direction and authority of the officials delegated overall management responsibility for Federal Government systems.
(2) Facilities other than those of the Federal Government, with the exception of radio stations in the Aviation Services and certain classes of radio stations in the Maritime Services, will be managed by the authorized common carrier or other person owning and operating such facilities subject to Federal Communications Commission (FCC) guidance and direction or in accordance with State or local plans if not subject to FCC jurisdiction.
(3) Radio stations in the Aviation Services and those aboard vessels in the Maritime Service will be subject to the control of the Secretary of Defense during a national emergency.
(e) The Director of the Office of Science and Technology Policy is the single point of authority within the Federal Government for the wartime emergency functions under section 706 of the Communications Act (47 U.S.C. 606) with respect to the allocation and use of surviving resources in support of national objectives enunciated by the President. Authority may be redelegated as necessary and when it can be exercised within boundaries established by Presidential authority.
(f) Radio frequency utilization during a wartime emergency will be in accordance with authorizations, assignments, and mobilization plans in existence at the onset of the emergency. Subject to the overriding control of the Director, OSTP, under the President's War Emergency Powers, spectrum management regarding the authorization and assignment of radio frequencies will be made by the National Telecommunications and Information Administration (NTLA) for the Federal Government, and the Director, OSTP, through the FCC, for all other entities subject to the Commission's jurisdiction. Radio stations are subject to closure if considered a threat to national security.
(g) Section 706 of the Communications Act of 1934, as amended, confers authority to the President in the matter of suspension of all rules and regulations pertaining to the use and operation of telecommunications facilities, public or private during wartime emergencies.
NS/EP planning in government and industry with respect to effective conservation and use of surviving telecommunications resources in a disaster, emergency or postattack period must provide for orderly and uninhibited restoration of services by the carriers and authoritative control of services allocation which will assure that priority will be afforded the most critical needs of government and the private sector with respect to these objectives.
(a) The preservation of the integrity of characteristics and capabilities of the Nation's telecommunications systems and networks during wartime or non-wartime emergencies is of the utmost importance. This can best be accomplished by centralized policy development, planning, and broad direction. Detailed operations management will remain decentralized in order to retain flexibility in the use of individual systems in responding to the needs of national security, survival and recovery. Each Federal agency responsible for telecommunications systems operations, and the carriers, are responsible for planning with respect to emergency operations. Guidance in this matter has been issued from a number of sources and contained in:
(1) Annex C-XI (Telecommunications), Federal Emergency Plan D (Classified).
(2) National Plan for Telecommunications Support in Non-wartime Emergencies.
(3) The National Communications System Management Plan for Annex
(b) The continuity of essential communications services will be maintained through the use of controls and operational procedures to assure that priority is given to vital services. NS/EP telecommunications services entail policies, procedures and responsibilities as described in parts 211 and 213 of this chapter.
(c) The Nation's telecommunications systems facilities are vulnerable to physical and radiological damage. Planning factors with respect to the resumption of services in a disaster or postattack period must consider the probable loss of facilities which formerly provided direct and/or alternate intercity services among surviving population centers. Since surviving areas and population centers would serve as the sources of support to crippled areas of the Nation, the resumption of services between and among surviving metropolitan areas will be a high priority with the carriers.
Federal authority, substantive provisions, and functional responsibilities of the executive office are summarized in the following:
(a) Wartime Emergency Functions. (1) The Assistant to the President for National Security Affairs (the National Security Advisor) shall provide general policy direction for the exercise of the war power functions of the President under section 706 of the Communications Act (47 U.S.C. 606), as amended, should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(2) The Director of the Office of Science and Technology Policy shall direct the exercise of the war power functions of the President under section 706(a), (c)-(e) of the Communications Act (47 U.S.C. 606), as amended, should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(b) Non-wartime Emergency Functions. (1) The National Security Advisor shall:
(i) Advise and assist the President in coordinating the development of policy, plans, programs and standards within the Federal Government for the identification, allocation and use of the Nation's telecommunications resources by the Federal Government, and by State and local governments, private industry and volunteer organizations, upon request, to the extent practicable and otherwise consistent with the law, during those crises or emergencies in which the exercise of the President's war power functions is not required or permitted by law.
(ii) Provide policy oversight and direction of the activities of the NCS.
(2) The Director of the Office of Science and Technology Policy shall:
(i) Provide information, advice, guidance and assistance, as appropriate, to the President and to those Federal departments and agencies with responsibilities for the provision, management or allocation of telecommunications resources during those crises or emergencies in which the exercise of the President's war power functions is not required or permitted by law.
(ii) Establish a Joint Telecommunications Resources Board (JTRB) to assist the Director in providing information, advice, guidance and assistance, as appropriate, to the President and to those Federal Departments and agencies with responsibilities for the provision, management, or allocation of telecommunications resources, during those crises or emergencies in which the exercise of the President's war power functions is not required or permitted by law.
(c) Planning and Oversight Responsibilities. (1) The National Security Advisor shall advise and assist the President in:
(i) Coordination and development of policy, plans, programs and standards for the mobilization and use of the Nation's commercial, government, and privately owned telecommunications resources to meet national security and emergency preparedness telecommunications requirements.
(ii) Providing policy oversight and direction of the activities of the NCS; and
(iii) Providing policy oversight and guidance for the execution of the responsibilities assigned to the Federal departments and agencies by Executive Order 12472.
(2) The Director of the Office of Science and Technology Policy (or a designee) shall:
(i) Advise and assist the President in the administration of a system of radio spectrum priorities for those spectrum dependent telecommunications resources of the Federal government which support national security and emergency preparedness telecommunications functions.
(ii) Certify or approve priorities for radio spectrum use by the Federal government, including the resolution of any conflicts in or among priorities under all conditions or crisis or emergency.
(3) The National Security Advisor, the Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget shall, in consultation with the Executive Agent for the NCS and the NCS Committee of Principals, determine what constitutes national security and emergency preparedness telecommunications requirements.
(4) The Director of the Office of Management and Budget, in consultation with the National Security Advisor and
(d) Performance of essential government and public services during a national emergency, as defined in section 706 of the Communications Act (47 U.S.C. 606), as amended, will require a means for communications between government and the private sector, communications essential to operations of elements of the national economy, and communications for national defense and civil defense purposes. The needs of the private sector and those of government should be properly coordinated to ensure that responses to each of these communities of interest, government and private sector, are appropriately balanced. For this reason, with regard to wartime emergency functions, the Director, Office of Science and Technology Policy (OSTP), has delegated the responsibility for the private sector to the Chairman, Federal Communications Commission (FCC), and responsibility for the needs of government to the Executive Agent, National Communications System (NCS). A parity of level of authority of these officials is established. They will coordinate and negotiate telecommunications conflicts with respect to the allocation and use of the Nation's telecommunications resources, reporting to the Director on unresolved issues which are within the domain of their respective responsibilities and authorities.
(e) In order to support the NS/EP telecommunications needs of the Federal government, State and local governments, private industry and volunteer organizations, under all circumstances, including those of crisis or emergency, the following functions shall be performed:
(1) The Secretary of Commerce, for all conditions of crisis or emergency, shall:
(i) Develop plans and procedures concerning radio spectrum assignments, priorities and allocations for use by Federal departments, agencies and entities; and
(ii) Develop, maintain and publish policy, plans and procedures for the control and assignment of radio frequencies, including the authority to amend, modify or revoke such assignments, in those parts of the electromagnetic spectrum allocated to the Federal Government.
(2) The Director of the Federal Emergency Management Agency shall:
(i) Plan for and provide, operate and maintain telecommunications services and facilities, as part of its National Emergency Management System, adequate to support its assigned emergency management responsibilities.
(ii) Advise and assist State and local governments and volunteer organizations, upon request and to the extent consistent with law, in developing plans and procedures for identifying and satisfying their NS/EP telecommunications requirements.
(iii) Ensure, to the maximum extent practicable, that national security and emergency preparedness telecommunications planning by State and local governments and volunteer organizations is mutually supportive of and consistent with the planning of the Federal Government.
(iv) Develop, upon request and to the extent consistent with law and in consonance with regulations promulgated by and agreements with the Federal Communications Commission, plans and capabilities for, and provide policy and management oversight of, the Emergency Broadcast System, and advise and assist private radio licensees of the Commission in developing emergency communications plans, procedures and capabilities.
(v) Act as sponsor for State and local governments’ requests for telecommunications service priority (TSP) in accordance with the Federal Communications Commissions regulations and with procedures in approved NCS issuances.
(3) The Secretary of State, in accordance with assigned responsibilities within the Diplomatic Telecommunications Service, shall plan for and provide, operate and maintain rapid, reliable and secure telecommunications services to those Federal entities represented at United States diplomatic missions and consular offices overseas.
(4) The Secretary of Defense shall:
(i) Plan for and provide, operate and maintain telecommunications services and facilities adequate to support the National Command Authorities and to execute responsibilities assigned by Executive Order 12333, December 4, 1981 (46 FR 59941; 3 CFR, 1981 Comp., p. 200).
(ii) Ensure that the Director of the National Security Agency provides the technical support necessary to develop and maintain plans adequate to provide for the security and protection of national security and emergency preparedness telecommunications.
(iii) Provide protection for interstate or foreign communication as directed by the President when the public interest requires under section 706(b) of the Communications Act (47 U.S.C. 606(b)).
(iv) In consultation with the Secretary of Transportation, develop policy, plans and procedures adequate to enable a transfer of control over radio stations in the Aviation Service and aboard vessels in the Maritime Service to the Department of Defense during a national emergency pursuant to § 202.1(b)(3) of these regulations.
(5) The Attorney General shall, as necessary, review for legal sufficiency, including consistency with the antitrust laws, all policies, plans or procedures developed pursuant to these regulations.
(6) The Director, Central Intelligence Agency, shall plan for and provide, operate and maintain telecommunications services adequate to support the Agency's assigned responsibilities, including the dissemination of intelligence within the Federal government.
(7) Except as otherwise assigned pursuant to these regulations, the Administrator of General Services shall ensure that Federally owned or managed domestic communications facilities and services meet the NS/EP requirements of Federal civilian departments, agencies and entities. The Administrator shall perform these responsibilities consistent with policy guidance of the Director of the Office of Management and Budget.
(8) The Secretary of the Interior shall develop and execute emergency plans with respect to the administration of telecommunications activities in the territorial and trusteeship areas under the jurisdiction of the United States and within the responsibility previously assigned to him by appropriate laws and other authority.
(9) The Federal Communications Commission, consistent with its statutory authority, shall:
(i) Review the policies, plans and procedures of all entities licensed or regulated by the Commission that are developed to provide national security and emergency preparedness telecommunications services to ensure that such policies, plans and procedures are consistent with the public interest, convenience and necessity.
(ii) Perform such functions as required by law with respect to all entities licensed or regulated by the Commission, including (but not limited to) the extension, discontinuance or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices and classifications; the construction, authorization, activation, deactivation or closing of radio stations, services and facilities; the assignment of radio frequencies to Commission licensees; the investigation of violations of pertinent law and regulation; and the initiation of appropriate enforcement actions.
(iii) Develop policy, plans and procedures adequate to execute the responsibilities assigned pursuant to these regulations under all conditions of crisis or emergency.
(iv) Consult as appropriate with authorized officials of the NCS to ensure continued coordination of their respective NCS activities.
(10) The National Communications System (comprised of the Executive Agent for the NCS, the NCS Committee of Principals, and the Manager, NCS) shall assist the President, the Director of the Office of Science and Technology Policy, National Security Advisor and
(11) The Executive Agent for the NCS shall:
(i) Ensure that the NCS conducts unified planning and operations, in order to coordinate the development and maintenance of an effective and responsive capability for meeting the domestic and international national security and emergency preparedness needs of the Federal government.
(ii) Ensure that the activities of the NCS are conducted in conjunction with the emergency management activities of the Federal Emergency Management Agency.
(12) The Manager, NCS shall:
(i) Develop for consideration by the NCS Committee of Principals and the Executive Agent:
(A) A recommended evolutionary telecommunications architecture designed to meet current and future Federal government national security and emergency preparedness telecommunications requirements.
(B) Plans and procedures for the management, allocation and use, including the establishment of priorities or preferences, of Federally owned or leased telecommunications assets under all conditions of crisis or emergency.
(C) Plans, procedures and standards for minimizing or removing technical impediments to the interoperability of government-owned and/or commercially provided telecommunications systems.
(D) Test and exercise programs and procedures for the evaluation of the capability of the Nation's telecommunications resources to meet national security and emergency preparedness telecommunications requirements.
(E) Alternative mechanisms for funding, through the budget review process, NS/EP telecommunications initiatives which benefit multiple Federal departments, agencies or entities. Those mechanisms recommended by the NCS Committee of Principals and the Executive Agent shall be submitted to the Executive Office of the President.
(ii) Implement and administer any approved plans or programs as assigned, including any system of priorities and preferences for the provision of telecommunications service, in consultation with the NCS Committee of Principals and the Federal Communications Commission, to the extent practicable or otherwise required by law or regulation.
(iii) Implement, with the assistance of appropriate Federal agencies, a decentralized National Telecommunications Management Structure (NTMS) capable of functioning independently in support of appropriate authority within the terms and guidelines delineated in the White House approved Implementation Concept.
(iv) Conduct technical studies or analyses, and examine research and development programs, for the purpose of identifying, for consideration by the NCS Committee of Principals and the Executive Agent, improved approaches which may assist Federal entities in fulfilling national security and emergency preparedness telecommunications objectives.
(v) Develop an NCS Issuance System of official documents to implement, establish, guide, describe or explain organizational responsibilities, authorities, policies and procedures.
(13) The NCS Committee of Principals shall:
(i) Serve as the forum in which each member of the Committee may review, evaluate and present views, information and recommendations concerning ongoing or prospective national security and emergency preparedness telecommunications programs of the NCS and the entities represented on the Committee.
(ii) Serve as the forum in which each member of the Committee shall report on and explain ongoing or prospective telecommunications plans and programs developed or designed to achieve national security and emergency preparedness telecommunications objectives.
(iii) Provide comments or recommendations, as appropriate, to the National Security Council, the Director of the Office of Science and Technology Policy, the Director of the Office of Management and Budget, the Executive Agent, or the Manager of the NCS, regarding ongoing or prospective activities of the NCS.
(14) All Federal departments and agencies shall:
(i) Prepare policies, plans and procedures concerning telecommunications facilities, services, or equipment under their management or operational control to maximize their capability to respond to the national security and emergency preparedness needs of the Federal Government. Such plans will be prepared, and the operations will be executed, in conjunction with the emergency management activities of the Federal Emergency Management Agency, and in regular consultation with the Executive Agent for the NCS and the NCS Committee of Principals.
(ii) Cooperate with and assist the Executive Agent for the NCS, the NCS Committee of Principals, the Manager of the NCS, and other departments and agencies in the execution of the functions set forth in this regulation, furnishing them such information, support and assistance as may be required.
84 Stat. 2083 and Executive Order 12046, 43 FR, 13349
This part establishes policies and procedures under which government and private entities will be furnished restoration priorities to insure that leased intercity private line telecommunications services vital to the national interest will be maintained during the continuance of a war in which the United States engaged. It supersedes the Director of Telecommunications Management Order of January 15, 1967 (32 FR 791, 47 CFR 201), which is hereby canceled. To assure the effective ability to implement its provisions, and also in order that government and industry resources may be used effectively under all conditions ranging from national emergencies to internationalcrises, including nuclear attack, a single set of rules and procedures is essential, and they must be applied on a day-to-day basis so that the priorities they establish can be implemented at once when the occasion arises. As provided for in part 18 of Executive Order 11490, as amended (3 CFR, 1966-1970 Comp., p. 820), policies, plans, and procedures developed pursuant to the Executive order shall be in consonance with the plans and policies contained in this part.
(a) Authority to direct priorities for the restoration of communications services in national emergencies is vested in the President, including authority conferred by section 103 of the National Security Act of 1947, as amended (50 U.S.C. 404), section 101 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2070), section 201 of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2281), section 1 of Reorganization Plan No. 1 of 1958, as amended (3 CFR, 1954-1958 Comp., p. 447), and section 606 of the Federal Communications Act of 1934, as amended. (47 U.S.C. 606).
(b) Authority to develop plans policies, and procedures for the establishment of such restoration priorities has been delegated to the National Security Council, by Executive Orders 11051, 11490, and by the President's Memorandum of August 21, 1963 (28 FR 9413, 3 CFR part 858 (1959-63 comp.)), all as amended by Executive Order 12046, (FR 43, 13349
The following definitions apply herein—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(a) The priority system and procedures established by this part are applicable to:
(1) U.S. domestic leased intercity private line services, including private line switched network services;
(2) U.S. international leased private line services to the point of foreign entry;
(3) Foreign extensions of U.S. international leased private line services to the extent possible through agreement between U.S. carriers and foreign correspondents;
(4) International leased private line services terminating in or transiting the United States;
(5) Federal Government-owned and leased circuits.
(b) The priority system and procedures established by this part are not applicable to operational circuits or order wires of the carriers needed for circuit reactivation and maintenance purposes, which shall have priority of restoration over all other circuits and shall be exempt from interruption for the purpose of restoring priority services.
During the continuance of a war in which the United States is engaged and when the provisions of this part are invoked, all communications common carriers shall comply with the following principles insofar as possible:
(a) Whenever necessary to maintain or restore a service having a designated priority, services having lower priority, lower subpriority, or no priority, will be interrupted in the reverse order of priority starting with nonpriority services.
(b) When services are interrupted to restore priority services, carriers will endeavor if feasible to notify users of the reason for the preemption.
(c) When public correspondence circuits are needed to satisfy requirements for priority services, idle circuits will be selected first. A minimum
(d) Communications common carriers will not interrupt conversations having priority classification except insofar as necessary to restore services of higher priority.
(e) It is recognized that as a practical matter in providing for the maintenance or restoration of a priority service or services operating within a multiple circuit-type facility (such as a carrier band, cable, or multiplex system), lower priority, lower subpriority, or nonpriority services on paralleled channels within a band or system may be restored concurrently with higher priority services. Such reactivation shall not, however, interfere with the expedited restoration of other priority services.
(f) The Executive Agent is authorized to instruct the carriers on the percentage of government-switched network intermachine trunks to be restored to provide capacity for priority access line traffic.
(g) The carriers are authorized to honor NCS-certified priorities from other authorized carriers for leased facilities.
(h) The carriers are authorized to honor restoration priorities certified by the Executive Agent.
(i) To ensure the effectiveness of the system of restoration priorities established by this part it is essential that rigorous standards be applied. Users are requested and directed to examine their private line service requirements in light of the criteria specified in this part and with regard to the availability of alternate communications facilities such as public correspondence message services, and Government-owned emergency communications systems.
There are hereby established four levels of restoration priority. Within each level, subpriorities may be established by the Executive Agent, with the concurrence of the National Security Council, for both government and nongovernment services. The subpriorities categories currently in use, which have been established by the Executive Agent will remain in effect until modified. Compatibility of subcategories applicable to government and nongovernment users is essential to achieve the objective of a single restoration priority system.
(a)
(1) Obtaining or disseminating critical intelligence concerning the attack, or immediately necessary to maintain the internal security of the United States;
(2) Conducting diplomatic negotiations critical to the arresting or limiting of hostilities;
(3) Executing military command and control functions essential to defense and retaliation;
(4) Giving warning to the U.S. population;
(5) Maintaining federal Government functions essential to national survival under nuclear attack conditions.
(b)
(1) Reducing significantly the preparedness of U.S. defense and retalitory forces;
(2) Affecting adversely the ability of the United States to conduct critical preattack diplomatic negotiations to reduce or limit the threat of war;
(3) Interfering with the effectual direction of the U.S. population in the interest of civil defense and survival;
(4) Weakening U.S. capability to accomplish critical national internal security functions;
(5) Inhibiting the provision of essential Federal Government functions necessary to meet a preattack situation.
(c)
(1) Insure performance of critical logistic functions, public utility services, and administrative-military support functions;
(2) Inform key diplomatic posts of the situation and of U.S. intentions;
(3) Secure and disseminate urgent intelligence;
(4) Distribute essential food and other supplies critical to health;
(5) Provide for critical damage control functions;
(6) Provide for hospitalization;
(7) Continue critical Government functions;
(8) Provide transportation for the foregoing activities.
(d)
(a) Except as otherwise provided below, all requests for restoration priority assignments will be submitted to the Executive Agent in the format prescribed by him for processing and certification.
(b) Priority 3 and 4 applications from county and municipal governments, quasi-state and local government agencies and private entites shall be forwarded to the Federal Communications Commission for its approval and for certification to the carriers. These submissions will be in the form prescribed by the Commission.
(c) Industrial/Commercial entities designated for prearranged voluntary participation with the Federal Government in a national emergency should submit separate applications to the Commission when requesting the assignment of priorities in category 1 or 2. Such assignments will require the approval of the National Security Council in order to continue to be effective during a war emergency. In all cases the justification for restoration priorities will contain a validation statement from the Government agency with whom participation is prearranged.
(d) Requests for restoration priority assignments made by Foreign Government agencies, except for NATO, NATO national military authority, and such other requests as the Executive Agent may be designated, will be submitted to the Department of State for initial
(e) Requests for restoration priority assignments made by NATO, NATO national military authority, and such other requests as the Executive Agent may designate, will be forwarded through established Allied Long Lines Agency (ALLA) channels to the Secretary of Defense. The Secretary will forward to the Executive Agent for processing and approval such of these requests as he finds acceptable pursuant to approved NATO/U.S. procedures.
(f) Requests for temporary upgrading of restoration priority assignments occasioned by special critical conditions, including natural disasters, heightened diplomatic and political tenseness, and tracking and control of manned space operations, may be submitted to the Executive Agent together with such information as he may require for expedited processing decision.
(g) All assignments, denials and changes of restoration priorities and subpriorities are subject to review and modification by the National Security Council.
(h) When requesting service from the carriers the user must include the certified restoration priority on the service authorization.
(a) During the continuance of a war in which the United States is engaged, and when the provisions of this part are invoked, all carriers shall accord restoration priority assignments certified pursuant to this part priority over all other circuits.
(b) To promote the national interest and defense preparedness, carriers shall:
(1) Maintain such records of restoration priority assignments certified pursuant to this part as may be necessary to enable prompt implementation;
(2) Enter into agreements, to the extent possible, with their foreign correspondents to effect restoration of the foreign portion of leased international services in accordance with this part;
(3) Notify the Executive Agent of foreign correspondent procedures affecting Federal Government services that are not reasonably consistent with the priority requirements of this part.
E.O. 12046, 43 FR 13349, Mar. 29, 1978 (3 CFR, 1978 Comp., p. 158); E.O. 12472, April 3, 1984, (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
(a) Authority to establish arrangements to ensure that the NS/EP telecommunications needs of all Federal government entities are met in a manner consistent, to the maximum extent practicable, with other telecommunications policies is contained in Executive Order 12472 and Executive Order 12046.
(b) These procedures are applicable to the communications common carriers and non-Federal Government users under the President's authority contained in subsection 706(a)-(d) of the Communications Act of 1934 (47 U.S.C. 606(a)-(d)), as amended. The authority under subsection 706(a) has been delegated by Executive Order 12472 to the Director of the Office of Science and Technology Policy, contingent upon issuance by the President of implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601). This authority may be exercised only during wartime emergencies.
The purpose of this part is to provide specific guidance to Government and private entities who may have requirements for international telecommunication service during wartime emergencies.
The procedures in this part provide guidance for the submission of emergency requirements for telecommunication channels from the United States to overseas or foreign points. Guidance on this subject was previously contained in Annex 2 of DMO 3000.1 and Mobilization Plan IX-3. Mobilization Plan IX-3 has been canceled.
(a) Executive departments and agencies of the United States, whether or not components of the National Communications System, (NCS), shall, to the extent permissible by law and consistent with national security, submit their international emergency telecommunications requirements to the Executive Agent, NCS, for coordination and consolidation of mobilization requirements.
(b) The Department of Defense shall coordinate NATO requirements in consonance with approved NATO/U.S. procedures for subsequent processing by the Executive Agent, NCS.
(c) The Department of State shall coordinate and approve foreign government telecommunications requirements and forward them to the Executive Agent, NCS, for further processing.
(a) Government, other than Executive departments and agencies of the United States, having need for emergency international telecommunication service, shall present their requirements through the appropriate sponsor to NCS.
(b) The private sector, including carriers, having need for emergency international telecommunication service, shall present their requirements to the Federal Communications Commission (FCC).
Sec. 606, 48 Stat. 1104; 47 U.S.C. 606, E.O. 10705, 3 CFR, 1954-1958 Comp. E.O. 10995, 3 CFR, 1959-1963 Comp., President's Memorandum of August 21, 1963; 3 CFR, 1959-1963 Comp., p. 858; E.O. 12046, 43 FR 13349, Mar. 29, 1978.
(a) The voice and message precedence procedures for departments and agencies of the Federal Government prescribed by this part are prescribed pursuant to Executive Order No. 12046 (43 FR 13349
(b) The procedures applicable to communications common carriers and non-Federal Government users prescribed by this part are prescribed by authority conferred upon the President by subsection 606(a) of the Communications Act of 1934, as amended, and delegated to the National Security Council by Executive Order 12046. That authority under section 606(a) may be exercised only during the continuance of a war in which the United States is engaged.
(a) The National Security Council and the Federal Communications Commission have agreed upon a precedence system for the expeditious handling of messages and calls transmitted over Government and public correspondence facilities in all types of situations from peacetime to massive nuclear attack. Effectuation of that system requires that the Director issue a circular and that the Commission concurrently issue an order prescribing the standards, procedures, policies, and regulations that together, constitute this single integrated precedence system.
(b) In conformity with that agreement the National Security Council is issuing this circular the purpose of
The precedence system contained herein is applicable to:
(a) Users of Government service facilities, whether owned or leased.
(b) Users of public correspondence service facilities of the communication common carriers, to U.S. domestic and international communication common carriers, and to the extent possible by agreement between the latter and their foreign correspondents.
This circular cancels:
(a) Attachments A and B to Annex 3 of DMO 3000.1, dated November 8, 1963 (28 FR 12273).
(b) That portion of the memorandum of the Special Assistant to the President for Telecommunications, dated August 27, 1964, pertaining to message precedences.
As used herein:
(a) Public correspondence services means those services offered to the general public for communications between all points served by a carrier or by interconnected carriers on a nonexclusive message by message or call by call basis, as differentiated from leased private line services.
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
(a) The following precedence designators are available for Government and public correspondence users:
(b) Government and non-Government users of public correspondence services will handle their international messages in accordance with current ITU Telegraph Regulations. Government users should note that, generally, the only precedence designator available for their use for international messages sent over public correspondence circuits if Etat Priorite. The ITU Regulations do not contain precedence designators which equate to Flash, Immediate, or Priority. Accordingly, Government messages whether Flash, Immediate, or Priority precedence when sent over international public correspondence circuits will be handled as Etat Priorite messages. Thus, Priority messages will receive the same treatment in transmission and processing as
(c) Domestic and International U.S. common carriers, insofar as practicable by agreement with their foreign correspondents, shall endeavor to arrange the proper level of precedence handling of international messages and calls originating, terminating in, or transiting the United States:
(d) The Government designators shall be used throughout the Federal Government. All messages and telephone calls sent via public correspondence services shall use domestic or international public correspondence des-ignators as appropriate. Thus, the responsibility is on Government and public correspondence users to recognize and use the appropriate designators when using public correspondence services.
(e) On international telephone calls the carrier's operator will convert to the appropriate international designator.
(a)
(2) Flash, or Flash Emergency telephone calls or messages shall be handled in the order received and ahead of all calls or messages except as indicated for international messages in ITU Regulations. When necessary to obtain a circuit for a Flash, or Flash Emergency call any call in progress of a lesser precedence will be interrupted, if feasible. Any message of a lesser precedence in the process of transmission will be halted, if feasible, to clear the channel for the Flash or Flash Emergency transmission. Flash or Flash Emergency precedence shall be reserved for calls and messages having an immediate bearing on:
(i) Command and control of military forces essential to defense and retaliation.
(ii) Critical intelligence essential to national survival.
(iii) Conduct of diplomatic negotiations critical to the arresting or limiting of hostilities.
(iv) Dissemination of critical civil alert information essential to national survival.
(v) Continuity of Federal governmental functions essential to national survival.
(vi) Fulfillment of critical U.S. internal security functions essential to national survival.
(vii) Catastrophic events of national or international significance, such as Presidential Action Notices essential to national survival during attack or preattack conditions.
(b)
(1) Situations which gravely affect the security of national and allied forces.
(2) Reconstitution of forces in a post-attack period.
(3) Intelligence essential to national security.
(4) Conduct of diplomatic negotiations to reduce or limit the threat of war.
(5) Implementation of Federal Government actions essential to national survival.
(6) Situations which gravely affect the internal security of the United States.
(7) Civil defense actions concerning direction of our population and its survival.
(8) Disasters or events of extensive seriousness having an immediate and detrimental effect on the welfare of the population.
(9) Vital information having an immediate effect on aircraft, spacecraft, or missile operations.
(c)
(1) Information on locations where attack is impending or where fire or air support will soon be placed.
(2) Air-ground integrated operations.
(3) Important intelligence.
(4) Important diplomatic information.
(5) Important information concerning the launch, operation, or recovery of spacecraft or missiles.
(6) Movement of naval, air, and ground forces.
(7) Coordination between governmental agencies concerning the performance of emergency preparedness functions.
(8) Major civil aircraft accidents.
(9) Maintaining the public health, safety, and the welfare of our population.
(10) Critical logistic functions, provisions of critical public utility services, and administrative military support functions.
(11) Distributing essential food and supplies critical to health.
(12) Accomplishing tasks necessary to insure critical damage control functions.
(13) Preparations for adequate hospitalization.
(14) Continuity of critical Government functions.
(15) Arranging minimum transportation for accomplishing the aforesaid functions.
(16) Continuing or reestablishing our more important financial, economic, health, and safety activities. Producing, procuring, and distributing food materials and supplies which are considered necessary to the immediate support of a war effort, the national defense, or for expediting the means of meeting the effects of natural disas-ters.
(17) Prompt delivery of information by press representatives to news media organizations and newspapers covering news of national or widespread disasters.
(d)
(a) Calls and messages in each precedence classification above shall have no precedence over others within the same classification, except where, within the same classification, they cannot be handled simultaneously. Then, they shall be handled in the order of their receipt.
(b) Individuals whose requirements qualify them to use the precedence system share the responsibility for insuring its effectiveness. Users must familiarize themselves with the purposes to be served by the use of each precedence designator. It must be remembered that the entire system will operate successfully only if the use of the precedence designator is limited strictly to the intended purposes. Each user must consider whether each message or call requires any special precedence and exercise care not to specify a higher precedence than circumstances require.
(c) For public correspondence message services, the domestic or international precedence designators shall be shown in full by the sender as the first word preceding the name of the addressee.
(d) For public correspondence call services, the user should first attempt to complete the call in the normal manner. In the event the user is unable to complete the call and the type of communication falls within one of the precedence categories listed herein the call should be filed with an operator for completion and the user must specify the required precedence handling by stating that this is a Flash Emergency,
(e) Any apparent misuse of precedence indicators by non-Federal Government activities brought to the attention of the communication common carriers shall be referred to the FCC on and after-the-fact basis.
(f) Any apparent misuse by Federal Government activities brought to the attention of the communication common carriers shall be referred to the Executive Agent, National Communications System. The Executive Agent will refer any matter which cannot be resolved with the cognizant Government activity to the National Security Council, for decision.
(g) It is essential to provide public message and call capability for the transmission of military, governmental, and essential non-Government precedence messages and calls. Private line services for military, governmental, and other essential users are protected under a Priority System for Intercity Private Line Services promulgated by the FCC (FCC Order 67-51) and the National Security Council. However, during national emergencies, military, governmental, and other essential users will have additional requirements for prompt completion of precedence traffic over public correspondence communication common carrier facilities. Therefore, notwithstanding the provisions of the above-described Priority System for Intercity Private Line Services, communication common carriers shall have available a minimum number of public correspondence circuits at all times so as to provide for the transmission of precedence type messages and calls. Normally, the communication common carriers shall use their judgment in determining this number of circuits required for public correspondence precedence traffic. However, the authority is reserved to the National Security Council or the Federal Communications Commission, as appropriate to the time and situation, to revise the decisions of the carriers respecting the allocation of circuits, and to resolve any questions which are referred to them by the carriers or the users.
Federal departments and agencies are authorized to issue such additional orders as are necessary to effect implementation of this circular.
84 Stat. 2083 and E.O. 12472, April 3, 1984, (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
The provisions of this part 214 are issued pursuant to Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as amended (5 U.S.C. appendix) and Executive Order 12472. This part 214 replaces Annex 1 of DMO 3000.1, dated November 8, 1963, 28 FR 12273.
The purpose of this part is to provide guidance for the use of the radio spectrum in a period of war, or a threat of war, or a state of public peril or other wartime emergency.
This part covers procedures for the use of radio frequencies upon proclamation by the President that there exists war, or a threat of war or a state of public peril or other wartime emergency or in order to preserve the neutrality of the United States. These procedures will be applied in the coordination, application for, and assignment of radio frequencies upon order of the Director, OSTP. These procedures are intended to be consistent with the provisions and procedures contained in emergency plans for use of the radio spectrum.
When the provisions of this part become operative, Presidential emergency authority, including Executive Order 12656, 12472, 12046 (3 CFR, 1966-1970 Comp., p. 820), and other emergency plans regarding the allocation and use of national resources will be in effect. During an attack, and in a postattack period, the Director, OSTP, will have authority to make new or revised assignments of radio frequencies in accordance with authority delegated by the President.
(a) Whenever it is determined necessary to exercise, in whole or in part, the President's emergency authority over telecommunications, the Director, OSTP, will exercise that authority as specified in Executive Order 12472 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
(b) In this connection, and concurrently with the war or national emergency proclamation by the President, the Director will:
(1) Authorize the continuance of all frequency authorizations issued by the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC), except as they may otherwise be modified or revoked by the Director, OSTP, in the national interest;
(2) Redelegate to the Secretary of Defense the authority necessary to control the use of the radio spectrum in areas of active combat, where such control is necessary to the support of U.S. military operations;
(3) Close all non-government radio stations in the international broadcasting service as defined in the FCC rules and regulations, except those carrying or scheduled to carry U.S. Government-controlled radio broadcasts.
(a) The Director, OSTP, will issue such policy guidance, rules, regulations, procedures, and directives as may be necessary to assure effective frequency usage during wartime emergency conditions.
(b) The FCC, in coordination with NTIA, shall issue appropriate rules, regulations, orders, and instructions and take such other actions not inconsistent with the actions of the Director, OSTP, and the NTIA Emergency Readiness Plan for Use of the Radio Spectrum as may be necessary to ensure the effective use of those portions of the radio spectrum shared by Government and non-governments users.
(c) The FCC shall assist the Director in the preparation of emergency plans pursuant to section 3(h)(3) of Executive Order 12472.
(d) Each Federal Government agency concerned shall develop and be prepared to implement its own plans, and shall make necessary preemergency arrangements with non-government entities for the provision of desired facilities or services, all subject to the guidance and control of the Director.
(a) The frequency management staff supporting the Director, OSTP, comprised of predesignated personnel from the frequency management staffs of the government user agencies, NTIA and the FCC, will have proceeded to the OSTP relocation site in accordance with alerting orders in force.
(b) Government agencies having need for new radio frequency assignments or for modification of existing assignments involving a change in the frequency usage pattern shall, unless otherwise provided, submit applications therefor to the Director, OSTP, by whatever means of communication are available and appropriate, together with a statement of any preapplication coordination accomplished. The Director, OSTP, will review such applications accomplish the necessary additional coordination insofar as practicable, consider all pertinent views and comments, and grant or deny, as he shall determine, the assignment of such frequencies. All concerned will be informed promptly of his decisions.
(c) Non-Government entities having need for new radio frequency assignments or for modifications of existing assignments will continue to submit applications therefor to the FCC, or in accordance with FCC instructions. Such applications shall be coordinated with the Director, OSTP, and granted subject to the approval of the Director, OSTP, or his delegate.
(d) All changes of radio frequency usage within U.S. military theaters of operation will be coordinated with the Director, OSTP, where harmful interference is likely to be caused to stations authorized to operate within the United States and its possessions.
(e) Where submission to the Director, OSTP, is impracticable, the applicant shall:
(1) Consult the NTIA Emergency Readiness Plan for use of the Radio Spectrum and the Government Master File;
(2) Accomplish such coordination as appropriate and possible;
(3) Act in such manner as to have a minimum impact upon established services, accepting the responsibility entailed in taking the temporary action required;
(4) Advise the Director, OSTP, as soon as possible of the action taken, and submit an application for retroactive approval.
84 Stat. 2083, and E.O. 12472, April 3, 1984 (49 FR 13471
The purpose of this part is to designate a focal point within the Federal Government for electromagnetic pulse (EMP) information concerning telecommunications. It is issued pursuant to the authority of Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as amended (5 U.S.C. appendix), Executive Order 12472, (49 FR 13471; 3 CFR, 1984 Comp., p. 193), “Assignment of National Security and Emergency Preparedness Telecommunications, April 3, 1984 and Executive Order 12046, 43 FR 13349, “Relating to the Transfer of Telecommunications Functions,” May 27, 1978, as amended by Executive Order 12472.
(a) The nuclear electromagnetic pulse (EMP) is part of the complex environment produced by nuclear explosions. It consists of transient voltages and currents which can cause malfunctioning and serious damage to electrical and electronic equipment.
(b) The Defense Nuclear Agency (DNA) is the overall technical coordinator for the Army, Navy, Air Force, and DOE laboratories on matters concerning nuclear weapons, nuclear weapons effects, and nuclear weapons testing. It acts as the focal point between the service laboratories and other agencies. The National Communications System (NCS), with the Defense Communications Agency (DCA), maintains a data base for telecommunications. DCA also provides the primary capability for the NCS to conduct telecommunications survivability studies for civil and military departments and agencies.
(c) In order to disseminate among affected Federal agencies information concerning the telecommunications effects of EMP and available protective measures, and in order to avoid duplication of research efforts, it is desirable to designate a focal point within the Federal Government for telecommunications EMP matters.
The Executive Agent, NCS, shall be the focal point within the Federal Government for all EMP technical data and studies concerning telecommunications. It shall provide such data and the results of such studies to all appropriate agencies requesting them. It shall coordinate and approve EMP telecommunications tests and studies, and shall keep the National Security Advisor informed regarding such tests and studies being conducted and planned.
E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
In accordance with § 202.3(c)(12)(v), the Manager, NCS, has developed a system of official documents of a referential nature. The documents include NCS Directives, which establish and implement organizational responsibilities, authorities, policies and procedures of a continuing nature. The Directives are issued by the Executive Office of the President after approval and/or consideration by the NCS Committee of Principals, the Executive Agent for the NCS and the Assistant to the President for National Security Affairs.
(a) We believe, for public awareness and internal administrative purposes, that publication of the current directives is worthwhile. The appendix to this part includes all current NCS Directives.
(b) The Directives are arranged numerically. The first of the hyphenated letters indicates the subject category: “1” for “Organization, Membership and Administration;” “2” for “Plans, Programs and Fiscal Management;” “3” for “Telecommunications Operations;” and “4” for “Technology and Standards.” The second number indicates the sequence of issuance.
(c) In some instances, the appendixes to the directives consist of documents readily accessible elsewhere in the public domain. In the interests of brevity, these documents are referenced rather than reprinted in full.
NCS Directives and their appendices are available from National Communications System Joint Secretariat (NCS-NJ), Defense Communications Agency, Washington, DC 20305-2000
1.
2.
3.
4.
5.
6.
a.
b.
c.
d.
e.
f.
g.
h.
i.
7.
8.
a. NCS member organizations:
(1) May propose subjects for and develop new issuances, and propose changes in existing issuances.
(2) May review and provide comments regarding proposed NCS directives, circulars, and manuals, as desired or authorized by paragraph 9e below.
(3) May consider and comment upon NCS handbooks and notices.
b. The NCS Committee of Principals and Executive Agent:
(1) May propose subjects for and develop new issuances, and propose changes in existing issuances.
(2) Will review and provide comments as needed to the Executive Office of the President regarding proposed NCS directives and circulars.
(3) Will consider and approve, and may comment upon, NCS manuals, as specified in paragraph 9 below.
(4) May consider and comment upon NCS handbooks and notices.
c. The Manager, NCS:
(1) Will maintain and administer the NCS Issuance System.
(2) May propose subjects for and develop new issuances, and propose changes in existing issuances.
(3) Will consider, issue, and comment upon, as needed, NCS manuals (as specified in paragraph 9 below), handbooks, notices, and OMNCS office orders.
(4) Will forward NCS issuances and any comments thereon to the NCS Committee of Principals; Executive Agent, NCS; and/or Executive Office of the President, as required.
9.
a. The NCS Committee of Principals and Executive Agent are hereby delegated the authority to approve NCS manuals, subject to the conditions specified below in paragraphs 9 d and e.
b. The Manager, NCS, is hereby delegated the authority to issue NCS manuals, handbooks, and notices.
c. The Manager, NCS, is hereby delegated the authority to approve and issue OMNCS office orders. The Manager may further delegate this authority.
d. NCS manuals will be issued 30 calendar days following notification to the NCS Committee of Principals of approval by the Committee of Principals and Executive Agent, but only (1) if authorized by an NCS directive or circular, and (2) subject to the condition specified in paragraph 9e below.
e. Upon either approval or disapproval of an NCS manual by the Committee of Principals and/or Executive Agent, the NCS Executive Agent, Manager, Committee of Principals, and member organizations may, within 30 calendar days after notification to the Committee of Principals of such action, submit a written request for review of the manual to the Director, Office of Science and Technology Policy; Director, Office of Management and Budget; or Assistant to the President for National Security Affairs. Any such request will include reasons. Copies of the request shall be provided concurrently to the NCS Committee of Principals, Executive Agent, and Manager, as necessary. For a period of 30 calendar days thereafter, any NCS entity may submit comments to the Director, Office of Science and Technology Policy; Director, Office of Management and Budget; or Assistant to the President for National Security Affairs. Any manual under such review may not be issued until resolution of the matter in question by (1) direction from the Director, Office of Science and Technology Policy, and/or Director, Office of Management and Budget, after consideration by the Assistant to the President for National Security Affairs; or (2) withdrawal of each request for review.
10.
11.
12.
Appendix A to NCS Directive 1-1, Executive Order No. 12472 of April 3, 1984, is not published in full in the appendix to part 216. The text of Executive Order 12472 appears in 49 FR 13471, April 5, 1984, and in 3 CFR, 1984 Comp., p. 193.
1.
2.
3.
4.
a. Executive Order No. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984, 49 FR 13471 (1984). (The text of this Executive Order is included as appendix A to NCS Directive 1-1, “National Communications System (NCS) Issuance System,” November 30, 1987.)
b. NCS Directive 1-1, “National Communications System (NCS) Issuance System,” November 30, 1987.
c. White House Memoranda, subject “The National Communications System,” dated July 13, 1984 (appendices A and B).
d. White House Memoranda, subject “Application of the Department of Health and Human Services (HHS) for Membership in the National Communications System (NCS),” dated May 7, 1987 (appendix C).
e. NCS Manual 1-2-1, “Bylaws of the National Communications System (NCS) Committee of Principals,” November 30, 1987.
5.
6.
a. Full Member. A representative on the NCS Committee of Principals of an organization entitled to unqualified participation, subject to Committee bylaws (reference 4e) and prevailing legal authority. Organizations represented by full members will be bound by rules and other legal authority governing the NCS.
b. Liaison member. A representative on the NCS Committee of Principals of an organization invited by the President to participate, without the right to vote on matters before the Committee.
7.
8.
9.
10.
a. Each organization represented by a full member on the NCS Committee of Principals:
(1) Will accredit the full member as the organization's authorized representative in matters before the Committee, including matters involving policy, budget, and resources.
(2) Will participate in all activities of the Committee.
(3) Should execute a Memorandum of Agreement with the Executive Agent or Manager, NCS, to provide personnel and staff support to the Office of the Manager, NCS, in accordance with section 3(i)(3) of Executive Order No. 12472 and policy established in this directive.
b. Each organization represented by a liaison member on the Committee of Principals:
(1) May participate as desired in Committee activities.
(2) Should execute a Memorandum of Agreement with the Executive Agent or Manager, NCS, describing the nature and extent of participation in the NCS.
c. The Executive Agent or Manager, NCS, will prepare and execute Memoranda of Agreement as described in paragraphs 10 a and b above.
11.
12.
13.
1.
2.
3.
4.
a. E.O. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984, 49 FR 13471 (1984).
b. NCS Directive 2-2, “National Level NSEP Telecommunications Program (NLP) Funding,” November 30, 1987.
c. “National Security Emergency Preparedness (NSEP) Telecommunications Planning Process,” March 27, 1986, NCS 326/8.
d. White House Memorandum, “National Communications System (NSEP) Telecommunications Planning Process,” October 11, 1986, (appendix).
5.
6.
a. The National Level NSEP Telecommunications Program (NLP). Those NSEP telecommunications programs benefiting multiple departments and agencies that are to be undertaken within the NCS structure, and the accompanying provisions for their shared funding and implementation.
b. Capability Objectives. That key Planning Process element which defines the set of capabilities needed to meet the NSEP telecommunication requirements of the Federal Government.
c. Deficiencies and Priorities. That key Planning Process element which identifies shortcomings or shortfalls in existing capabilities that inhibit or preclude the satisfaction of Federal NSEP telecommunications requirements.
d. Candidate Initiatives. That key Planning Process element which describes actions selected to mitigate identified deficiencies and achieve the overall enhancement of NSEP telecommunications capabilities.
e. Evolutionary NSEP Telecommunications Architecture. That Planning Process element which describes the overall structure of telecommunications capabilities and resources to support Federal government NSEP requirements and the framework for the design, evaluation, and integration of NSEP telecommunications initiatives.
7.
a. To support the performance of this mission, a unified planning process for NSEP telecommunications will be implemented to:
(1) Establish, on an evolutionary basis, a NSEP telecommunications planning mechanism that facilitates the integration of Federal government, commercial/private sector, and State/local government activities and capabilities;
(2) Define the capabilities required to support NSEP telecommunications needs;
(3) Identify a set of feasible near- and long-term national level NSEP telecommunications initiatives for the achievement of those capabilities; and
(4) Develop, and provide for the effective implementation of, approved national level NSEP telecommunications programs.
b. These planning functions will be carried out within the framework of an overall process involving the design and maintenance of an evolutionary NSEP telecommunications architecture, and the annual development, documentation, review, and approval of capability objectives, deficiencies and priorities, candidate initiatives, and a National Level Program.
8.
a. Executive Office of the President (EOP).
(1) Within the EOP, the NSC, in conjunction with OSTP and OMB, will:
(a) Provide overall policy and program direction for NSEP telecommunications planning;
(b) Provide, after appropriate consultation with the Director of Central Intelligence and the Attorney General, a definition of the threat for planning purposes;
(c) Review and validate Capability Objectives;
(d) Review and provide program planning guidance to the NCS regarding Deficiencies and Priorities and Candidate Initiatives; and
(e) Provide direction for the implementation of the National Level Program.
(2) In addition, the OSTP will also:
(a) Provide recommendations regarding, and the results of tests, exercises, and evaluations;
(b) Provide recommendations relating to the enhancement of plans and procedures for the management of Federal telecommunications resources in crises or emergencies.
(3) As provided for in E.O. 12472, OMB, “* * * will, in conjunction with the National Security Council, provide general guidelines and procedures for reviewing the financing of the NCS within the budgetary process and for preparation of budget estimates by participating organizations. These guidelines and procedures may provide for mechanisms for funding, through the budget review process, NSEP telecommunications initiatives which benefit multiple departments and agencies.
(4) The NSC, OSTP, OMB and the Executive Agent, NCS, will:
(a) Review and approve or modify the proposed National Level Program developed by the NCS.
b. The Executive Agent, NCS, will:
(1) Provide direction for the conduct of NSEP telecommunications planning activities and serve as the principal interface between the NCS and the EOP;
(2) Review the Capability Objectives, Deficiencies and Priorities, Candidate Initiatives, and the proposed National Level Program and forward them, with NCS COP and Executive Agent recommendations, for the consideration of the EOP;
(3) Transmit NSEP Telecommunications planning guidance and direction received from the EOP to the Manager, NCS; and
(4) Oversee the overall planning activities of the NCS.
c. Individual NCS member organizations *
* Certain NCS member organizations are also assigned special telecommunications planning responsibilities within the Federal Government, e.g., spectrum planning, telecommunications security and protection, and diplomatic and intelligence communications planning. These organizations will work with the Manager, NCS, to assure that their special areas of responsibility are reflected in the National Level Program to the maximum extent practicable. For example, FEMA will ensure that State/local NSEP telecommunications concerns, activities, and capabilities are considered, to the maximum extent practicable, within the Planning Process.
(1) Identify their essential emergency functions (EEFs) and NSEP telecommunications needs and requirements;
(2) Describe initiatives being implemented within their organizations to improve NSEP telecommunications capabilities;
(3) Provide any information **
** Such information from NCS members organizations will be provided to the extent permitted by law and regulation, and with due regard for the need to protect classified or otherwise sensitive national security or intelligence information.
(4) Recommend and provide budget estimates for candidate national level NSEP telecommunications initiatives.
d. The NCS Committee of Principals (COP) will:
(1) Review, consider, and provide recommendations regarding NSEP Telecommunications Requirements, Capability Objectives, Deficiencies and Priorities, Candidate Initiatives, and the proposed National Level Program to the Executive Agent and the EOP;
(2) Assist in the coordination of NSEP telecommunications planning activities with other related planning activities and processes; and
(3) Serve as forum for the evaluation of the National Level Program and assessment of the effectiveness of the NSEP Telecommunications Planning Process.
e. The Manager, NCS, will:
(1) Ensure the annual development and documentation for NSEP Telecommunications Planning Process elements based upon NSEP telecommunications requirements and threat and policy guidance provided by the EOP;
(2) Develop, for consideration by the NCS COP, the Capability Objectives, Deficiencies and Priorities, and Candidate Initiatives and forward them for the consideration of the Executive Agent and the EOP;
(3) Provide annually a proposed National Level Program for the consideration of the NCS COP and the Executive Agent;
(4) Design and maintain the evolutionary NSEP Telecommunications Architecture;
(5) Coordinate planning activities within the NCS structure and provide staff support and technical assistance for the overall planning effort; and
(6) Obtain the NSEP telecommunications recommendations of the U.S. telecommunications industry through the National Security Telecommunications Advisory Committee (NSTAC).
9.
a. Key NSEP Telecommunications Planning Process elements will be developed and considered on an annual basis as follows:
(1) Capability Objectives will be presented for NCS COP consideration by the Manager, NCS; forwarded with NCS COP recommendations to the Executive Agent, NCS; and
(2) Deficiencies and Priorities will be presented to the NCS COP by the Manager, NCS; forwarded with NCS COP recommendations to the Executive Agent, NCS; and transmitted with NCS COP and Executive Agent recommendations to the NSC, OSTP, and OMB for information and reference.
(3) Candidate Initiatives will be presented to the NCS COP by the Manager, NCS; forwarded with NCS COP recommendations to the Executive Agent, NCS, OSTP, and OMB for information and reference.
(4) A proposed National Level Program will be presented for NCS COP consideration in March by the Manager, NCS; forwarded with NCS COP recommendations to the Executive Agent, NCS; and transmitted with NCS and Executive Agent recommendations to the NSC, OSTP, and OMB for review in May.
b. Preparation of the final National Level Program completes the annual planning cycle. However, it does not complete the budgetary cycle, which continues until budget requests are submitted to OMB for inclusion in the President's Budget. It is anticipated that, following consideration and approval of the National Level Program by the EOP, approved recommendations will be provided to OMB and the NCS member organizations for use in preparation of the President's Budget.
c. As necessary, the EOP will also provide specific program funding and budgetary guidance to the NCS member organizations for the development of NSEP telecommunications budget requests.
10.
11.
12.
White House Memorandum, October 11, 1986
Dated: January 27, 1989.
Dated: January 19, 1989.
Dated: January 19, 1989.
1.
2.
3.
4.
5.
a. Executive Order No. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984, 49 FR 13471 (1984).
b. National Security Decision Directive (NSDD) 201, “National Security Emergency Preparedness Telecommunications (NSEP) Funding,” December 17, 1985 (appendix A).
c. NCS Directive 2-1, “National Security Emergency Preparedness (NSEP) Telecommunications Planning Process,” (presently in process).
6.
a. Shared Funding. The pro rata distribution among NCS member organizations of the implementation and recurring costs of
b. NSEP Telecommunications Requirements. Initially, those telecommunications requirements identified by NCS member organizations as part of the NSEP Telecommunications Requirements Analysis directed by the Executive Office of the President. Alternative methods for determining requirements may be used, subject to approval as prescribed in Executive Order No. 12472, section 2(c)(4).
c. The National Level NSEP Telecommunications Program (NLP). That document developed as part of the NSEP Telecommunications Planning Process that identifies national level NSEP telecommunications programs and accompanying provisions for their shared funding and implementation.
d. National Level NSEP Telecommunications Programs. Those programs that benefit multiple Federal departments, agencies, or entities and:
(1) Directly enhance national telecommunications infrastructure and service capabilities within the framework outlined in Executive Order No. 12472, and
(2) Are undertaken within the administrative structure of the NCS, i.e., by the Manager, NCS, NCS Committee of Principals (COP), and Executive Agent, NCS, via the NSEP Telecommunications Planning Process, and
(3) Involved acquisition and operations/maintenance costs of sufficient magnitude to warrant shared funding.
e. Development Costs. Those costs (e.g., research, pre-production engineering, proof of concept studies and demonstrations, and specification development) incurred prior to contract award leading to an operational capability.
f. Implementation Costs. Those costs (e.g., acquisition/procurement, production engineering, installation, and nonrecurring lease) incurred after contract award leading to an operational capability and prior to operational capability being achieved.
g. Recurring Costs. Those costs (e.g., recurring lease, maintenance, operational testing, and termination liability) incurred in support of the continuing operations and maintenance associated with national level programs.
h. NLP Funding Memorandum of Agreement (MOA). A memorandum of agreement developed between an NCS member organization and the Manager, NCS, to implement the provisions of this directive.
i. Funding Agreements. Funding documents, e.g., Interagency Funding Agreements and Vouchers, executed between the Manager, NCS, and NCS member organizations to provide for the payment of NLP funds to the Manager, NCS.
7.
a. The Office of Management and Budget will provide guidance annually to NCS member organizations regarding the incorporation of funding for approved national level NSEP telecommunications programs in the President's Budget.
b. The Department of Defense will provide funding for the development costs associated with approved national level NSEP telecommunications programs.
c. The Manager, NCS, will:
(1) Negotiate and execute NLP Funding Memoranda of Agreement and Interagency Funding Agreements with those NCS member organizations required to share the costs of approved national level NSEP telecommunications programs, and
(2) Oversee the program and financial management of approved national level NSEP telecommunications programs, reporting quarterly on program status and the expenditure of funds to the NCS Committee of Principals.
d. Each NCS member organization required to share the costs of the NLP will:
(1) Incorporate its respective funding share of approved national level NSEP telecommunications programs in its annual budget submission;
(2) Execute with the Manager, NCS, an NLP Funding Memorandum of Agreement after review by the organization's NCS Principal; and
(3) Execute with the Manager, NCS those funding agreements required for payment of funds for approved national level NSEP telecommunications programs to the Manager, NCS.
8.
a. NLP Funding Guidance. The NLP funding guidance required by paragraph 7a(1) of this directive will be provided to the NCS entities annually by August 1.
b. NLP Funding Agreements. The shared funding of approved national level NSEP telecommunications programs will be accomplished through the execution, between NCS member organizations and the Manager, NCS of the following:
(1) An NLP Funding Memorandum of Agreement that, as outlined in the model MOA at appendix B, provides for incorporation of the NLP funding share in an NCS member organization's budget submission; preparation and execution of an Interagency Funding Agreement; and reporting of the NLP status. Those NCS organizations required to share the costs of the NLP as of the effective date of this directive shall execute such Memoranda by September 30, 1987.
(2) An Interagency Funding Agreement that outlines the scope of work to be undertaken as part of the NLP, the associated period of performance, the estimated maximum costs, and procedures for submission
(3) Vouchers for Transfers Between Appropriations And/Or Funds (Standard Form 1080) forwarded by the Manager, NCS, to the NCS member organizations prior to the start of the fiscal year in which NLP funds are to be expended. Organizations will effect the payment of funds upon receipt of appropriated funds (or Continuing Resolution(s)), subject to OMB apportionment of those funds.
c. NLP Funding Shortfalls. If an NCS member organization is not authorized and appropriated the amount of funds necessary to pay its share of approved national level NSEP telecommunications programs, the Manager, NCS, should also be notified as soon as possible.
9.
10.
11.
A. NSDD 201, December 17, 1985
B. Model NLP MOA
Dated: November 17, 1987.
1.
2.
3.
a. The prescription, by the Office of Management and Budget (OMB) in consultation with the National Security Council (NSC) and the NCS, of general guidelines and procedures for reviewing the financing of the NCS within the budgetary process, and for the preparation of budget estimates by participating agencies.
b. The determination, by the NSC, the Office of Science and Technology Policy (OSTP), and OMB in consultation with the Executive Agent, NCS, and the NCS Committee of Principals (COP), of what constitutes NSEP telecommunications requirements, and
c. The determination, by Federal departments and agencies, of their NSEP telecommunications requirements and the provision, after consultation with the Office of Management and Budget (OMB), of resources to support their respective requirements for NSEP telecommunications.
To implement the provisions of Executive Order No. 12472, the President directed in National Security Decision Directive (NSDD) 201, that “implementation and recurring costs for national level NSEP telecommunications programs (i.e., those which benefit multiple Federal departments, agencies or entities) shall be shared on a pro rata basis determined by each organization's share of NSEP telecommunications requirements.” The Director, OMB, subsequently instructed the NCS member organizations to work with the Manager, NCS, to develop the necessary agreements for the payment of member funds to the Office of the Manager, NCS (OMNCS).
4.0
4.1
a. Serve as the Office of Primary Responsibility for the financial and program management of approved national level NSEP telecommunications programs.
b. Upon approval of national level NSEP telecommunications programs and receipt of funding guidance from the EOP, prepare an Interagency Funding Agreement necessary to effect the payment of (
c. Prepare and provide vouchers for transfers between appropriations and/or funds (Standard Form 1080) for (
d. Provide technical, programmatic, and financial management support for individual national level NSEP telecommunications programs, including the maintenance of financial records and accounting system and the update of program plans.
e. Report quarterly to the NCS COP on the programmatic and financial status of approved national level NSEP telecommunications programs.
f. Advise the (
4.2The (
a. Incorporate its respective funding share of approved national level NSEP telecommunications programs in its annual budget submission.
b. Execute with the Manager, NCS, by August 31 each year the Interagency Funding Agreement required for the transfer, payment and/or reimbursement of funds for the NLP.
c. Upon receipt of appropriations (or Continuing Resolution(s)) for each applicable fiscal year and subject to OMB apportionment of those funds, effect the payment of funds to the Manager, NCS, in accordance with Standard Form 1080.
5.0
Date:
Date:
1.
2.
a. This directive is binding upon the Executive Agency, NCS; Manager, NCS; NCS Committee of Principals and member organizations; and other affected Executive entities.
b. This directive applies to NSEP telecommunication services:
(1) For which initial or revised priority level assignments are requested pursuant to paragraph 12 of this directive.
(2) Which were assigned restoration priorities under the provisions of 47 CFR part 64, appendix A, “Priority System for the Restoration of Common Carrier Provided Intercity Private Line Services,” 47 CFR part 211, “Emergency Restoration Priority Procedures for Telecommunications Services,” and NCS Memorandum 1-68 and are being resubmitted for priority level assignments pursuant to paragraph 14 of this directive. (Such services will retain assigned restoration priorities until a resubmission for a TSP assignment is completed or until the existing RP rules are terminated.)
3.
4.
a. Communications Act of 1934,
b. Defense Production Act of 1950,
c. Disaster Relief Act (42 U.S.C. 5121
d. Foreign Intelligence Surveillance Act (50 U.S.C. 1801,
e. Title 47, Code of Federal Regulations, part 64, appendix A, “Priority System for the Restoration of Common Carrier Provided Intercity Private Line Services;” 47 CFR part 64, appendix A (1980).
f. Title 47, Code of Federal Regulations, part 64, appendix A, “Telecommunications Service Priority (TSP) System for National Security Emergency Preparedness (NSEP).”
g. Defense Priorities and Allocation System (15 CFR part 350).
h. Executive Order No. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984, 49 FR 13471 (1984).
i. NCS Memorandum 1-68, “National Communications System (NCS) Circuit Restoration Priority System,” July 18, 1968.
5.
6.
7.
a.
(1) Common carrier services which are:
(a) Interstate or foreign telecommunication services.
(b) Intrastate telecommunication services inseparable from interstate or foreign telecommunications services, and intrastate telecommunication services to which priority levels are assigned pursuant to paragraph 13 of this directive.
Initially, the NSEP TSP System's applicability to public switched services is limited to (a) provisioning of such services (e.g., business, centrex, cellular, foreign exchange, Wide Area Telephone Service (WATS) and other services that the selected vendor is able to provision), and (b) restoration of services that the selected vendor is able to restore.)
(2) Services which are provided by government and/or non-common carriers and are interconnected to common carrier services assigned a priority level pursuant to paragraph 13 of this directive.
b.
c.
(1) Government or non-common carrier services which are not connected to common carrier provided services assigned a priority level pursuant to paragraph 13 of this directive.
(2) Portions of U.S. international services which are provided by foreign correspondents. (Subject to pertinent law, including references 4a, 4c, and 4f, U.S. telecommunication service vendors are encouraged to ensure that relevant operating arrangements are consistent to the maximum extent practicable with the NSEP TSP System. If such agreements do not exist, U.S. telecommunication service vendors should handle service provisioning and/orrestoration in accordance with any system acceptable to their foreign correspondents which allows provisioning and restoration in the manner most comparable to the procedures established in this directive.) In addition, the U.S. government, acting through the Department of State, may enter into the following types of agreements to ensure that priority provisioning and restoration procedures consistent with those governing domestic services within the NSEP TSP System are in place: (a) Bilateral agreements for reciprocal priority treatment for critical foreign government telecommunication services in the U.S., and (b) multilateral agreements within such international telecommunication organizations as the North Atlantic Treaty Organization's Allied Long Lines Agency or Civil Communications Planning Committee, which have or are conducive to having a provisioning and restoration priority system.
d.
8.
9.
a.
b.
c.
d.
e.
10.
a.
(1) Provide regulatory oversight of implementation of the NSEP TSP System.
(2) Enforce NSEP TSP System rules and regulations which are contained in 47, CFR, part 64.
(3) Act as final authority for approval, revision, or disapproval of priority actions by the Manager, NCS, and adjudicate disputes regarding either priority actions or denials of requests for priority actions by the Manager, NCS, until superseded by the President's war emergency powers under section 706 of the Communications Act.
(4) Function (on a discretionary basis) as a sponsoring Federal organization. (See paragraph 10d below.)
b.
(1) During exercise of the President's war emergency powers under section 706 of the Communications Act, act as the final approval authority for priority actions or denials of requests for priority actions, adjudicating any disputes.
(2) Provide oversight of Executive branch activities associated with the NSEP TSP System, including assignment of priority levels for telecommunications service provisioning and restoration across all time periods.
(3) Function (on a discretionary basis) as a sponsoring Federal organization. (See paragraph 10d below.)
c.
(1) Implement the NSEP TSP System under the oversight of the FCC and Director, OSTP, in consultation with the NCS Committee of Principals.
(2) Administer the NSEP TSP System, which includes:
(a) Receiving, processing, and evaluating requests for priority actions from service
(b) Assigning, revising, revalidating, or revoking priority levels as necessary or upon request of service users concerned, and denying requests for priority actions as necessary, using paragraph 16 of this directive. Under circumstances short of exercise of Presidential war emergency powers under section 706 of the Communications Act and time permitting, coordinate such changes in priority level assignments in advance with requesting and/or affected parties. Action on such requests will be completed within 30 days of receipt.
(c) Maintaining data on priority level assignments.
(d) Periodically forwarding to the FCC and Director, OSTP, lists of priority actions for review and approval.
(e) Periodically initiating reconciliation.
(f) Testing and evaluating the NSEP TSP System for effectiveness.
(g) Conducting audits as necessary. Any Telecommunications Service Priority (TSP) System user may request the Manager, NCS to conduct an audit. (See the definition of an “audit” in appendix A.)
(h) Issuing, subject to review by the FCC, procedures supplemental to and consistent with this directive regarding operation and use of the NSEP TSP System.
(i) Serving as a centralized point-of-contact for collecting and disseminating to all interested parties (consistent with requirements for treatment of classified and proprietary material) information concerning use and abuse of the NSEP TSP System.
(j) Establishing and assisting a TSP System Oversight Committee to identify and review any problems developing in the system and recommending actions to correct them or prevent recurrence. In addition to representatives of the EOP, representatives from private industry (including telecommunication service vendors), state and local governments, the FCC, and other organizations may be appointed to the committee.
(k) Reporting at least quarterly to the FCC; Director, OSTP; and TSP System Oversight Committee, together with any recommendations for action, the operational status of and trends in the NSEP TSP System, including:
(i) Numbers of requests processed for the various priority actions, and the priority levels assigned.
(ii) Relative percentages of services assigned to each priority level under each NSEP category and subcategory.
(iii) Any apparent serious misassignment or abuse of priority level assignments.
(iv) Any existing or developing problem.
(l) Submitting semi-annually to the FCC; Director, OSTP; and TSP System Oversight Committee a summary report identifying the time and event associated with each invocation of NSEP treatment under paragraph 13c of this directive and section 10c of 47 CFR part 64; whether the NSEP service requirement was adequately handled; and whether any additional charges were incurred. These reports will be due by April 30th for the preceding July through December and by October 31st for the preceding January through June time periods.
(3) Function (on a discretionary basis) as a sponsoring Federal organization. (See paragraph 10d below.)
d.
(1) Review and decide whether to sponsor private industry (including telecommunication service vendors) requests for priority actions. Federal organizations will forward sponsored requests with recommendations for disposition to the Manager, NCS. Recommendations will be based on paragraph 16 of this directive.
(2) Forward notification of priority actions or denials of requests for priority actions to the requesting private industry entities, for disposition.
(3) Cooperate with the Manager, NCS, during reconciliation, revalidation, and audits.
e.
(1) Review and decide whether to sponsor requests for priority level assignments from foreign governments and forward sponsored requests to the Manager, NCS, with recommendations for disposition. Recommendations will be based on paragraph 16 of this directive and whether or not priority treatment is afforded to U.S. NSEP telecommunication service requirements in the foreign country concerned.
(2) Forward notification of priority actions or denials of requests for priority actions to the requesting foreign government entities, for disposition.
f.
(1) Review and decide whether to sponsor public and private interstate power utility company requests for priority actions and forward sponsored requests with recommendations for disposition to the Manager, NCS. Recommendations will be based on paragraph 16 of this directive. This does not preclude public and private power utility
(2) Forward notification of priority actions or denials of requests for priority actions to the requesting public and private power utility companies for disposition.
g.
(1) Review and decide whether to sponsor state and local government requests for priority actions and forward sponsored requests with recommendations for disposition to the Manager, NCS. Recommendations will be based on paragraph 16 of this directive.
(2) Forward notification of priority actions or denials of requests for priority actions to the requesting state and local government entities, for disposition.
h.
(1) Ensure that NSEP TSP System users within each organization comply with their obligations under the NSEP TSP System.
(2) Provision and restore government-provided services (which are interconnected with commercially provided services assigned a priority level pursuant to paragraph 13 of this directive) in accordance with NSEP TSP System rules and regulations. (See paragraph 7a(2) of this directive.)
(3) Function (on a discretionary basis) as sponsoring Federal organizations for private sector service users (e.g., government contractors).
(4) Cooperate with the Manager, NCS, during reconciliation, revalidation, and audits.
i.
(1) Identify services requiring priority level assignments and request and justify priority level assignments in accordance with this directive and any supplemental NCS issuances.
(2) Justify and revalidate all priority level assignments at least every three years.
(3) For services assigned priority levels, ensure (through contractual means or otherwise) availability of customer premises equipment and wiring necessary for end-to-end service operation by the service due date, and continued operation; and, for such services in the Emergency NSEP category, by the time that vendors are prepared to provide the services. Additionally, designate the organization responsible for the service on an end-to-end basis.
(4) Be prepared to accept services assigned priority levels by the service due dates or, for services in the Emergency NSEP category, when they are available.
(5) Pay vendors any authorized costs associated with services that are assigned priority levels.
(6) Report to vendors any failed or unusable services that are assigned priority levels.
(7) Designate a 24-hour point-of-contact for matters concerning each request for priority action and apprise the Manager, NCS.
(8) Upon termination of services that are assigned priority levels, or circumstances warranting revisions in priority level assignment (e.g., expansion of service), request and justify revocation or revision.
(9) When NSEP treatment is invoked under paragraph 13c of this directive, within 90 days following provisioning of the service involved, forward to the Manager, NCS complete information identifying the time and event associated with the invocation and regarding whether the NSEP service requirement was adequately handled and whether any additional charges were incurred.
(10) Cooperate with the Manager, NCS, during reconciliation, revalidation, and audits.
j.
11.
a. The sequence in which existing services may be preempted to provision NSEP services assigned a provisioning priority level “E” or restore NSEP services assigned a restoration priority level from “1” through “5”:
(1) Non-NSEP services: If suitable spare services are not available, then, based on the considerations in 47 CFR part 64 and the service vendor's best judgement, non-NSEP services will be preempted. After ensuring a sufficient number of public switched services will remain available for public use, based on the service vendor's best judgement, such services may be used to satisfy a requirement for provisioning or restoring NSEP services.
(2) NSEP Services: If no suitable spare or non-NSEP services are available, then existing NSEP services may be preempted to provision or restore NSEP services with higher priority level assignments. When this is necessary, NSEP services will be selected for preemption in the inverse order of priority level assignment.
(3) Service vendors who are preempting services will ensure their best effort to notify the service user of the preempted service and state the reason for and estimated duration of the preemption.
b. Service vendors may, based on their best judgement, determine the sequence in which existing services may be preempted to provision NSEP services assigned a provisioning priority of “1” through “5.” Preemption is not subject to the consent of the user whose service will be preempted.
12.
13.
a.
(1) Priority level assignments or other priority actions will be based upon section 16, NSEP TSP System Categories, Criteria, and Priority Levels, of this directive. A priority level assignment or other priority action made by the Manager, NCS, will serve as the recommendation of the Director, OSTP (on behalf of the EOP) to the FCC. If the Director, OSTP does not approve the priority level assignment or other priority action made by the Manager, NCS, then the Director can direct the Manager, NCS, to revise or revoke the priority level assignment or other priority action.
(2) Until the President's war emergency powers under Section 706 of the Communications Act are invoked, priority level assignments or other priority actions must be approved by the FCC. (If the FCC does not approve the priority level assignment or other priority action, then it can direct the Manager, NCS, to revise or revoke the priority level assignment or other priority action.) However, the FCC has instructed service vendors to implement any priority level assignments or other priority actions that are pending FCC approval.
(3) After invocation of the President's war emergency powers, the requirement for FCC approval of priority level assignments or other priority actions may be superseded by other procedures issued by the Director, OSTP.
b.
(1) All provisioning and restoration priority level assignments for services in the Emergency NSEP category will be included in initial service orders to vendors. Provision priority level assignments for Essential NSEP services, however, will not usually be included in initial service orders to vendors. NSEP treatment for Essential NSEP services will be invoked and provisioning priority level assignments will be conveyed to service vendors only if the vendors cannot meet needed service dates through the normal provisioning process.
(2) Any revision or revocation of either provisioning or restoration priority level assignments will also be transmitted to vendors.
(3) Service vendors shall accept priority levels and/or revisions only after assignment by the Manager, NCS. (
c.
14.
15.
16.
a.
(1) The Essential NSEP category has four subcategories (i.e., National Security Leadership; National Security Posture and U.S. Population Attack Warning; Public Health, Safety, and Maintenance of Law and Order; and Public Welfare and Maintenance of National Economic Posture). Each subcategory has its own criteria. Criteria are also shown for the Emergency NSEP category, which has no subcategories.
(2) Priority levels of “1,” “2,” “3,” “4,” and “5” may be assigned for provisioning and/or restoration of Essential NSEP telecommunication services. However, for Emergency NSEP telecommunication services, a priority level “E” is assigned for provisioning. A restoration priority level from “1” through “5” may be assigned if an Emergency NSEP service also qualifies for such a restoration priority level under the Essential NSEP category.
(3) The NSEP TSP System allows the assignment of priority levels to any NSEP telecommunications service across three time periods, or stress conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/Recovery. Priority levels will normally be assigned only for the first time period. These assigned priority levels will apply through the onset of any attack, but it is expected that they would later be revised by surviving authorized telecommunication resource managers within the Executive Office of the President based upon specific facts and circumstances arising during the Attack/War and Post-Attack/Recovery time periods.
(4) Service users may, for their own internal use, assign subpriorities to their services assigned priority levels. Receipt of and response to any such subpriorities is optional for service vendors.
(5) The following paragraphs provide a detailed explanation of the categories, subcategories, criteria, and priority level assignments, beginning with the Emergency NSEP category.
b.
(1) Criteria. To qualify under the Emergency NSEP category, the service must meet the criteria of directly supporting or resulting from at least one of the following NSEP functions:
(a) Federal government activity responding to a Presidentially declared disaster or emergency as defined in the Disaster Relief Act (42 U.S.C. 5122).
(b) State or local government activity responding to a Presidentially, state, or locally declared disaster or emergency.
(c) Response to a state of crisis declared by the National Command Authorities (e.g., exercise of presidential war emergency powers under Section 706 of the Communications Act, supra).
(d) Efforts to protect endangered U.S. personnel or property.
(e) Response to an enemy or terrorist action, civil disturbance, natural disaster, or any other unpredictable occurrence that has damaged facilities whose uninterrupted operation is critical to NSEP or the management of other ongoing crises.
(f) Certification by the head or director of a Federal agency, commander of a unified/specified command, chief of a military service, or commander of a major military command, that the telecommunications service is so critical to protection of life and property or to NSEP that it must be provided immediately.
(g) A request from an official authorized pursuant to the Foreign Intelligence Surveillance Act (50 U.S.C. 1801
(2) Priority Level Assignment.
(a) Services qualifying under the Emergency NSEP category are assigned priority level “E” for provisioning.
(b) After 30 days, assignments of provisioning priority level “E” for Emergency NSEP services are automatically revoked unless extended for another 30-day period. A notice of any such revocation will be sent to service vendors.
(c) For restoration, Emergency NSEP services may be assigned priority levels under
c.
(1) National Security Leadership. This subcategory will be strictly limited to only those telecommunication services essential to national survival if nuclear attack threatens or occurs, and critical orderwire and control services necessary to ensure the rapid and efficient provisioning or restoration of other NSEP telecommunication services. Services in this subcategory are those for which a service interruption of even a few minutes would have serious adverse impact upon the supported NSEP function.
(a) Criteria. To qualify under this subcategory, a service must be at least one of the following:
(i) Critical orderwire, or control service, supporting other NSEP functions.
(ii) Presidential communications service critical to continuity of government and national leadership during crisis situations.
(iii) National Command Authority communications service for military command and control critical to National survival.
(iv) Intelligence communications service critical to warning of potentially catastrophic attack.
(v) Communications service supporting the conduct of diplomatic negotiations critical to arresting or limiting hostilities.
(b) Priority Level Assignment. Services under this subcategory will normally be assigned, during Peacetime/Crisis/Mobilization, priority level “1” for provisioning and restoration.
(2) National Security Posture and U.S. Population Attack Warning. This subcategory covers those minimum additional telecommunication services essential to maintaining an optimum defense, diplomatic, or continuity-of-government posture before, during, and after crisis situations. Such situations are those ranging from national emergencies to international crises, including nuclear attack. Services in this subcategory are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP function.
(a) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions:
(i) Threat assessment and attack warning.
(ii) Conduct of diplomacy.
(iii) Collection, processing, and dissemination of intelligence.
(iv) Command and control of military forces.
(v) Military mobilization.
(vi) Continuity of Federal government before, during, and after crisis situations.
(vii) Continuity of state and local government functions supporting the Federal government during and after national emergencies.
(viii) Recovery of critical national functions after crisis situations.
(ix) National space operations.
(b) Priority Level Assignment. Services under this subcategory will normally be assigned, during Peacetime/Crisis/Mobilization, priority levels “2,” “3,” “4,” or “5” for provisioning and restoration.
(3) Public Health, Safety, and Maintenance of Law and Order. This subcategory covers the minimum number of telecommunication services necessary for giving civil alert to the U.S. population and maintaining law and order and the health and safety of the U.S. population in times of any national, regional, or serious local emergency. These services are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP functions.
(a) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions:
(i) Population warning (other than attack warning).
(ii) Law enforcement.
(iii) Continuity of critical state and local government functions (other than support of
(iv) Hospitals and distribution of medical supplies.
(v) Critical logistic functions and public utility services.
(vi) Civil air traffic control.
(vii) Military assistance to civil authorities.
(viii) Defense and protection of critical industrial facilities.
(ix) Critical weather services.
(x) Transportation to accomplish the foregoing NSEP functions.
(b) Priority Level Assignment. Services under this subcategory will normally be assigned, during Peacetime/Crisis/Mobilization, priority levels “3,” “4,” or “5” for provisioning and restoration.
(4) Public Welfare and Maintenance of National Economic Posture. This subcategory covers the minimum number of telecommunication services necessary for maintaining the public welfare and national economic posture during any national or regional emergency. These services are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP function.
(a) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions:
(i) Distribution of food and other essential supplies.
(ii) Maintenance of national monetary, credit, and financial systems.
(iii) Maintenance of price, wage, rent, and salary stabilization, and consumer rationing programs.
(iv) Control of production and distribution of strategic materials and energy supplies.
(v) Prevention and control of environmental hazards or damage.
(vii) Transportation to accomplish the foregoing NSEP functions.
(b) Priority Level Assignment. Services under this subcategory will normally be assigned, during Peacetime/Crisis/Mobilization, priority levels “4” or “5” for provisioning and restoration.
d.
e.
17.
18.
19.
A. Definitions
Dated: July 5, 1990.
Dated: July 5, 1990.
Dated: July 5, 1990.
For the purposes of this Directive:
The designation of priority level(s) for a defined NSEP telecommunications service for a specified time period.
A quality assurance review in response to identified problems.
As specified by Executive Order 12472, a committee consisting of representatives from those Federal departments, agencies or entities, designated by the President, which lease or own telecommunications facilities or services of significance to national security or emergency preparedness, and, to the extent permitted by law, other Executive entities which bear policy, regulatory or enforcement responsibilities of importance to national security or emergency preparedness telecommunications capabilities.
The Federal government or any foreign, state, county, municipal, or other local government agency or organization. Specific qualifications will be supplied whenever reference to a particular level of government is intended (e.g., “Federal government,” “state government”). “Foreign government” means any non-U.S. sovereign empire, kingdom, state, or independent political community, including foreign diplomatic and consular establishments and coalitions or associations of governments (e.g., North Atlantic Treaty
The National Communications System (NCS) is a confederation of Federal departments, agencies and entities established by Presidential Memorandum of August 21, 1963 and reaffirmed by Executive Order No. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984.
The joint telecommunications industry—Federal government operation established by the NCS to assist in the initiation, coordination, restoration and reconstitution of NSEP telecommunication services or facilities.
Telecommunication services that are used to maintain a state of readiness or to respond to and manage any event or crisis (local, national, or international) that causes or could cause injury or harm to the population, damage to or loss of property, or degrades or threatens the NSEP posture of the United States. These services fall into two specific categories. Emergency NSEP and Essential NSEP, and are assigned priority levels.
The provisioning of a telecommunications service before others based on the provisioning priority level assigned by the Manager, NCS, in accordance with this directive.
The assignment, revision, revocation, or revalidation by the Manager, NCS, in accordance with this directive, of a priority level associated with an NSEP telecommunications service.
The level that may be assigned to an NSEP telecommunications service specifying the order in which provisioning or restoration of the service is to occur relative to other NSEP and/or non-NSEP telecommunication services. Authorized priority levels are designated (highest to lowest) “E,. “1,” “2,” “3,” “4,” and “5” for provisioning and “1,” “2,” “3,” “4,” and “5” for restoration.
The priority level(s) designated for the provisioning and/or restoration of a particular NSEP telecommunications service.
Those non-common carrier telecommunication services including private line, virtual private line, and private switched network services.
The act of supplying telecommunications service to a user, including all associated transmission, wiring, and equipment. As used herein, “provisioning” and “initiation” are synonymous and include altering the state of an existing priority service or capability.
Those NSEP telecommunication services utilizing public switched networks. Such services may include both interexchange and intraexchange network facilities (e.g., switching systems, interoffice trunks and subscriber loops).
The comparison of NSEP service information and the resolution of identified discrepancies.
The repair or returning to service of one or more telecommunication services that have experienced a service outage or are unusable for any reason, including a damaged or impaired telecommunications facility. Such repair or returning to service may be done by patching, rerouting, substitution of component parts or pathways, and other means, as determined necessary by a service vendor.
The rejustification by a service user of a priority level assignment. This may result in extension by the Manager, NCS, in accordance with this directive, of the expiration date associated with the priority level assignment.
A change in priority level assignment for an NSEP telecommunications service. This includes any extension of an existing priority level assignment to an expanded NSEP service.
The elimination of a priority level assignment when it is no longer valid. All priority
Information uniquely identifying an NSEP telecommunications service to the service vendor and/or service user.
Any individual or organization (including a service vendor) supported by a telecommunications service for which a priority level has been requested or assigned.
Any person, association, partnership, corporation, organization, or other entity (including common carriers and government organizations) that offers to supply any telecommunication equipment, facilities, or services (including customer premises equipment and wiring) or combination thereof. The term includes resale carriers, prime contractors, subcontractors, and interconnecting carriers.
Circuits or services not being used or contracted for by any customer.
The transmission, emission, or reception of signals, signs, writing, images, sounds, or intelligence of any nature, by wire, cable, satellite, fiber optics, laser, radio, visual, or other electronic, electric, electromagnetic, or acoustically coupled means, or any combination thereof. The term can include necessary telecommunication facilities.
Any individual, organization, or activity that interacts with the TSP System.
1.
2.
3.
4.
a. Executive Order (E.0.) No. 12472, “Assignment of National Security and Emergency Preparedness Telecommunications Functions,” April 3, 1984, 49 FR 13471 (1984).
b. National Telecommunications & Information Administration (NTIA), “Manual of Regulations and Procedures for Federal Radio Frequency Management,” May, 1986 Edition as revised May, 1987 or current edition/revision.
5.
a. E.O. No. 12472 established national policy guidance in support of National Security Emergency Preparedness (NSEP) objectives. Executive Order No. 12472 mandates that action be taken to “. . . ensure that a national telecommunications infrastructure is developed . . .”. Consistent with the Executive Order, functionally similar government telecommunications networks should be designed to interchange traffic in support of national leadership requirements.
b. The SHARES HF Radio Program will provide a backup capability to exchange critical information among Federal entities to support NSEP. Federally controlled HF radio resources will be shared to establish a robust NSEP HF radio communications infrastructure. The program involves a collection of existing Federally controlled HF radio stations that inter-operate to transmit NSEP messages when normal means of communication are not available.
6.
a. Any participating Federal entity will accept, to the extent that acceptance does not interfere with the mission responsibilities of the entity, emergency messages of other Federal entities, or other components of the same entity, for transmission by HF radio to the addressee or to another participant for relay to the addressee.
b. A SHARES message is an emergency message to be sent via the SHARES network. It consists of information that must be communicated to a Federal entity and is of critical importance to the Federal Government, the entity's mission, and/or involves the preservation of life and the protection of property.
c. Transmission of SHARES messages will be guided by the policy of the agency accepting the message. Advice that a “SHARES Message” is to be transmitted will serve to notify operating personnel that a critical NSEP message requirement exists, and implicitly, that normal communication paths are not available.
7.
a. NCS entities participating in the SHARES HF Radio Program will, to the maximum extent possible:
(1) Identify HF stations under their control for participation in the SHARES Program.
(2) Maintain the operational readiness of their SHARES HF stations.
(3) Provide updated information as necessary for inclusion in a SHARES HF Radio Program Directory. Use of Federal frequencies for SHARES traffic shall be in accordance with National Telecommunications and Information Administration (NTIA) “Manual of Regulations and Procedures for Federal Radio Frequency Management.”
(4) Ensure participation of available stations in scheduled exercises.
(5) Provide representation, as required, at meetings, briefings, conferences, and other official SHARES HF Radio Program activities.
b. The Manager, NCS, will administer the SHARES HF Radio Program and perform the management functions defined below:
(1) Publish and periodically update, as NCS issuances, a User Manual, giving detailed procedures for using SHARES HF Radio Program capabilities, and HF Directory of participating Federally controlled HF radio stations.
(2) Develop, schedule, and administer periodic exercises of the SHARES HF Radio Program capabilities.
(3) Perform other functions, as necessary, to improve SHARES capabilities.
8.
9.
10.
47 U.S.C. 901
(a) The Manual of Regulations and Procedures for Federal Radio Frequency Management (hereinafter referred to as the NTIA Manual) is issued by the Assistant Secretary of Commerce for Communications and Information, and is specifically designed to cover the Assistant Secretary's frequency management responsibilities pursuant to delegated authority under 47 U.S.C. 901
(b) The Federal agencies shall comply with the requirements set forth in the May 1992 edition of the NTIA Manual, as revised through June 1993, which is incorporated by reference with approval of the Director, Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(c) The NTIA Manual is scheduled for revision in January, May, and September of each year and notices of these changes are printed in the
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Table of OMB Control Numbers
Redesignation Table
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
The OMB control numbers for chapter I of title 47 were consolidated into § 0.408 at 64 FR 55425, Oct. 13, 1999. Section 0.408 is reprinted below for the convenience of the user.
(a)
(b)
At 51 FR 31213, Sept. 2, 1986, parts 81 and 83 were removed and reorganized into new part 80. For the convenience of the user, the following redesignation table shows the summary of changes reflected as a result of the reissuance of the regulations, as reorganized into part 80.
All changes in this volume of the Code of Federal Regulations which were made by documents published in the
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