[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 47

Telecommunication


________________________

Parts 20 to 39

                         Revised as of October 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     549
      Alphabetical List of Agencies Appearing in the CFR......     569
      Table of OMB Control Numbers............................     579
      List of CFR Sections Affected...........................     587

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
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EFFECTIVE AND EXPIRATION DATES

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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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``[RESERVED]'' TERMINOLOGY

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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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Federal Register will approve an incorporation by reference only when 
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this volume.

[[Page vii]]

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INQUIRIES

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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    October 1, 2017.







[[Page ix]]



                               THIS TITLE

    Title 47--Telecommunication is composed of five volumes. The parts 
in these volumes are arranged in the following order: Parts 0-19, parts 
20-39, parts 40-69, parts 70-79, and part 80 to end. All five volumes 
contain chapter I--Federal Communications Commission. The last volume, 
part 80 to end, also includes chapter II--Office of Science and 
Technology Policy and National Security Council, chapter III--National 
Telecommunications and Information Administration, Department of 
Commerce, chapter IV--National Telecommunications and Information 
Administration, Department of Commerce, and National Highway Traffic 
Safety Administration, Department of Transportation, and chapter V--
First Responder Network Authority (FIRSTNET). The contents of these 
volumes represent all current regulations codified under this title of 
the CFR as of October 1, 2017.

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

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

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                       TITLE 47--TELECOMMUNICATION




                   (This book contains parts 20 to 39)

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

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

[[Page 3]]



        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)




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

                  SUBCHAPTER B--COMMON CARRIER SERVICES
Part                                                                Page
20              Commercial mobile services..................           5
22              Public mobile services......................          48
24              Personal communications services............         127
25              Satellite communications....................         164
27              Miscellaneous wireless communications 
                    services................................         321
30              Upper microwave flexible use service........         424
32              Uniform system of accounts for 
                    telecommunications companies............         436
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         507
37-39

[Reserved]

Supplementary Publications: Annual Reports of the Federal Communications 
  Commission to Congress.

  Federal Communications Commission Reports of Orders and Decisions.

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

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

[[Page 5]]



                  SUBCHAPTER B_COMMON CARRIER SERVICES





PART 20_COMMERCIAL MOBILE SERVICES--Table of Contents



Sec.
20.1 Purpose.
20.2 Other applicable rule parts.
20.3 Definitions.
20.5 Citizenship.
20.6 CMRS spectrum aggregation limit.
20.7 Mobile services.
20.9 Commercial mobile radio service.
20.11 Interconnection to facilities of local exchange carriers.
20.12 Resale and roaming.
20.13 State petitions for authority to regulate rates.
20.15 Requirements under Title II of the Communications Act.
20.18 911 Service.
20.19 Hearing aid-compatible mobile handsets.
20.20 Conditions applicable to provision of CMRS service by incumbent 
          Local Exchange Carriers.
20.21 Signal boosters.
20.22 Rules governing mobile spectrum holdings.
20.23 Contraband wireless devices in correctional facilities.

    Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 222, 
251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 
316(a), 332, 610, 615, 615a, 615b, 615c, unless otherwise noted.

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



Sec.  20.1  Purpose.

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



Sec.  20.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the commercial 
mobile radio services include the following:
    (a) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; competitive 
bidding procedures; and the environmental requirements that, together 
with the procedures specified in Sec.  17.4(c) of this chapter, if 
applicable, must be complied with prior to the initiation of 
construction. Subpart F includes the rules for the Wireless 
Telecommunications Services and the procedures for filing electronically 
via the ULS.
    (b) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.

[78 FR 21559, Apr. 11, 2013]



Sec.  20.3  Definitions.

    Appropriate local emergency authority. An emergency answering point 
that has not been officially designated as a Public Safety Answering 
Point (PSAP), but has the capability of receiving 911 calls and either 
dispatching emergency services personnel or, if necessary, relaying the 
call to another emergency service provider. An appropriate local 
emergency authority may include, but is not limited, to an existing 
local law enforcement authority, such as the police, county sheriff, 
local emergency medical services provider, or fire department.
    Automatic Number Identification (ANI). A system that identifies the 
billing account for a call. For 911 systems, the ANI identifies the 
calling party and may be used as a call back number.
    Automatic Roaming. With automatic roaming, under a pre-existing 
contractual agreement between a subscriber's home carrier and a host 
carrier, a roaming subscriber is able to originate or terminate a call 
in the host carrier's service area without taking any special actions.
    Commercial mobile data service. (1) Any mobile data service that is 
not interconnected with the public switched network and is:
    (i) Provided for profit; and
    (ii) Available to the public or to such classes of eligible users as 
to be effectively available to the public.
    (2) Commercial mobile data service includes services provided by 
Mobile

[[Page 6]]

Satellite Services and Ancillary Terrestrial Component providers to the 
extent the services provided meet this definition.
    Commercial mobile radio service. A mobile service that is:
    (a)(1) provided for profit, i.e., with the intent of receiving 
compensation or monetary gain;
    (2) An interconnected service; and
    (3) Available to the public, or to such classes of eligible users as 
to be effectively available to a substantial portion of the public; or
    (b) The functional equivalent of such a mobile service described in 
paragraph (a) of this section, including a mobile broadband Internet 
access service as defined in Sec.  8.2 of this chapter.
    Consumer Signal Booster: A bi-directional signal booster that is 
marketed and sold to the general public for use without modification.
    Designated PSAP. The Public Safety Answering Point (PSAP) designated 
by the local or state entity that has the authority and responsibility 
to designate the PSAP to receive wireless 911 calls.
    Fixed Consumer Signal Booster. A Consumer Signal Booster designed to 
be operated in a fixed location in a building.
    Handset-based location technology. A method of providing the 
location of wireless 911 callers that requires the use of special 
location-determining hardware and/or software in a portable or mobile 
phone. Handset-based location technology may also employ additional 
location-determining hardware and/or software in the CMRS network and/or 
another fixed infrastructure.
    Host Carrier. For automatic roaming, the host carrier is a 
facilities-based CMRS carrier on whose system another carrier's 
subscriber roams. A facilities-based CMRS carrier may, on behalf of its 
subscribers, request automatic roaming service from a host carrier.
    Incumbent Wide Area SMR Licensees. Licensees who have obtained 
extended implementation authorizations in the 800 MHz or 900 MHz 
service, either by waiver or under Section 90.629 of these rules, and 
who offer real-time, two-way voice service that is interconnected with 
the public switched network.
    Industrial Signal Booster: All signal boosters other than Consumer 
Signal Boosters.
    Interconnection or Interconnected. Direct or indirect connection 
through automatic or manual means (by wire, microwave, or other 
technologies such as store and forward) to permit the transmission or 
reception of messages or signals to or from points in the public 
switched network.
    Interconnected Service. A service:
    (a) That is interconnected with the public switched network, or 
interconnected with the public switched network through an 
interconnected service provider, that gives subscribers the capability 
to communicate to or receive communication from other users on the 
public switched network; or
    (b) For which a request for such interconnection is pending pursuant 
to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 
332(c)(1)(B). A mobile service offers interconnected service even if the 
service allows subscribers to access the public switched network only 
during specified hours of the day, or if the service provides general 
access to points on the public switched network but also restricts 
access in certain limited ways. Interconnected service does not include 
any interface between a licensee's facilities and the public switched 
network exclusively for a licensee's internal control purposes.
    Location-capable handsets. Portable or mobile phones that contain 
special location-determining hardware and/or software, which is used by 
a licensee to locate 911 calls.
    Manual Roaming. With manual roaming, a subscriber must establish a 
relationship with the host carrier on whose system he or she wants to 
roam in order to make a call. Typically, the roaming subscriber 
accomplishes this in the course of attempting to originate a call by 
giving a valid credit card number to the carrier providing the roaming 
service.
    Mobile Consumer Signal Booster. A Consumer Signal Booster designed 
to operate in a moving vehicle where both uplink and downlink 
transmitting antennas are at least 20 cm from the user or any other 
person.

[[Page 7]]

    Mobile Service. A radio communication service carried on between 
mobile stations or receivers and land stations, and by mobile stations 
communicating among themselves, and includes:
    (a) Both one-way and two-way radio communications services;
    (b) A mobile service which provides a regularly interacting group of 
base, mobile, portable, and associated control and relay stations 
(whether licensed on an individual, cooperative, or multiple basis) for 
private one-way or two-way land mobile radio communications by eligible 
users over designated areas of operation; and
    (c) Any service for which a license is required in a personal 
communications service under part 24 of this chapter.
    Network-based Location Technology. A method of providing the 
location of wireless 911 callers that employs hardware and/or software 
in the CMRS network and/or another fixed infrastructure, and does not 
require the use of special location-determining hardware and/or software 
in the caller's portable or mobile phone.
    Non-individual. A non-individual is a partnership and each partner 
is eighteen years of age or older; a corporation; an association; a 
state, territorial, or local government unit; or a legal entity.
    Private Mobile Radio Service. A mobile service that is neither a 
commercial mobile radio service nor the functional equivalent of a 
service that meets the definition of commercial mobile radio service. 
Private mobile radio service includes the following:
    (a) Not-for-profit land mobile radio and paging services that serve 
the licensee's internal communications needs as defined in part 90 of 
this chapter. Shared-use, cost-sharing, or cooperative arrangements, 
multiple licensed systems that use third party managers or users 
combining resources to meet compatible needs for specialized internal 
communications facilities in compliance with the safeguards of Sec.  
90.179 of this chapter are presumptively private mobile radio services;
    (b) Mobile radio service offered to restricted classes of eligible 
users. This includes entities eligible in the Public Safety Radio Pool 
and Radiolocation service.
    (c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring 
systems (part 90 of this chapter) that do not offer interconnected 
service or that are not-for-profit; and
    (d) Personal Radio Services under part 95 of this chapter (General 
Mobile Services, Radio Control Radio Services, and Citizens Band Radio 
Services); Maritime Service Stations (excluding Public Coast stations) 
(part 80 of this chapter); and Aviation Service Stations (part 87 of 
this chapter).
    Provider-Specific Consumer Signal Boosters. Provider-Specific 
Consumer Signal Boosters may only operate on the frequencies and in the 
market areas of the specified licensee(s). Provider-Specific Consumer 
Signal Boosters may only be certificated and operated with the consent 
of the licensee(s) whose frequencies are being amplified by the device.
    Pseudo Automatic Number Identification (Pseudo-ANI). A number, 
consisting of the same number of digits as ANI, that is not a North 
American Numbering Plan telephone directory number and may be used in 
place of an ANI to convey special meaning. The special meaning assigned 
to the pseudo-ANI is determined by agreements, as necessary, between the 
system originating the call, intermediate systems handling and routing 
the call, and the destination system.
    Public Safety Answering Point. A point that has been designated to 
receive 911 calls and route them to emergency service personnel.
    Public Switched Network. The network that includes any common 
carrier switched network, whether by wire or radio, including local 
exchange carriers, interexchange carriers, and mobile service providers, 
that uses the North American Numbering Plan, or public IP addresses, in 
connection with the provision of switched services.
    Signal booster. A device that automatically receives, amplifies, and 
retransmits on a bi- or unidirectional basis, the signals received from 
base, fixed, mobile, or portable stations, with no change in frequency 
or authorized bandwidth.
    Signal booster operator. The signal booster operator is the person 
or persons with control over the functioning

[[Page 8]]

of the signal booster, or the person or persons with the ability to 
deactivate it in the event of technical malfunctioning or harmful 
interference to a primary radio service.
    Statewide default answering point. An emergency answering point 
designated by the State to receive 911 calls for either the entire State 
or those portions of the State not otherwise served by a local PSAP.
    Wideband Consumer Signal Boosters. Wideband Consumer Signal Boosters 
may operate on the frequencies and in the market areas of multiple 
licensees.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996; 
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan. 
16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR 1648, Jan. 14, 2002; 72 FR 
50073, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, May 6, 
2011; 78 FR 21559, Apr. 11, 2013; 80 FR 19850, Apr. 13, 2015]



Sec.  20.5  Citizenship.

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

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



Sec.  20.6  CMRS spectrum aggregation limit.

    (a) Spectrum limitation. No licensee in the broadband PCS, cellular, 
or SMR services (including all parties under common control) regulated 
as CMRS (see 47 CFR 20.9) shall have an attributable interest in a total 
of more than 55 MHz of licensed broadband PCS, cellular, and SMR 
spectrum regulated as CMRS with significant overlap in any geographic 
area.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz and 900 MHz channels located at any SMR base station 
inside the geographic area (MTA or BTA) where there is significant 
overlap. All 800 MHz channels located on at least one of those 
identified base stations count as 50 kHz (25 kHz paired), and all 900 
MHz channels located on at least one of those identified base stations 
count as 25 kHz (12.5 kHz paired); provided that any discrete 800 or 900 
MHz channel shall be counted only once per licensee within the 
geographic area, even if the licensee in question utilizes the same 
channel at more than one location within the relevant geographic area. 
No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services 
will be attributed to an entity when determining compliance with the 
cap.
    (c) Significant overlap. (1) For purposes of paragraph (a) of this 
section, significant overlap of a PCS licensed service area and CGSA(s) 
(as defined in Sec.  22.911 of this chapter) or SMR service area(s) 
occurs when at least 10 percent of the population of the PCS licensed 
service area for the counties contained therein, as determined by the 
latest available decennial census figures as complied by the Bureau of 
the Census, is within the CGSA(s) and/or SMR service area(s).

[[Page 9]]

    (2) The Commission shall presume that an SMR service area covers 
less than 10 percent of the population of a PCS service area if none of 
the base stations of the SMR licensee are located within the PCS service 
area. For an SMR licensee's base stations that are located within a PCS 
service area, the channels licensed at those sites will be presumed to 
cover 10 percent of the population of the PCS service area, unless the 
licensee shows that its protected service contour for all of its base 
stations covers less than 10 percent of the population of the PCS 
service area.
    (d) Ownership attribution. For purposes of paragraph (a) of this 
section, ownership and other interests in broadband PCS licensees, 
cellular licensees, or SMR licensees will be attributed to their holders 
pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling interest 
means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (2) Partnership and other ownership interests and any stock interest 
amounting to 20 percent or more of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee 
shall be attributed, except that ownership will not be attributed unless 
the partnership and other ownership interests and any stock interest 
amount to at least 40 percent of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee if 
the ownership interest is held by a small business or a rural telephone 
company, as these terms are defined in Sec.  1.2110 of this chapter or 
other related provisions of the Commission's rules, or if the ownership 
interest is held by an entity with a non-controlling equity interest in 
a broadband PCS licensee or applicant that is a small business.
    (3) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have an attributable interest only 
if they hold 40 percent or more of the outstanding voting stock of a 
corporate broadband PCS, cellular or SMR licensee, or if any of the 
officers or directors of the broadband PCS, cellular or SMR licensee are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (4) Non-voting stock shall be attributed as an interest in the 
issuing entity if in excess of the amounts set forth in paragraph (d)(2) 
of this section.
    (5) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed unless and until 
converted, except that this provision does not apply in determining 
whether an entity is a small business, a rural telephone company, or a 
business owned by minorities and/or women, as these terms are defined in 
Sec.  1.2110 of this chapter or other related provisions of the 
Commission's rules.
    (6) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and losses.
    (7) Officers and directors of a broadband PCS licensee or applicant, 
cellular licensee, or SMR licensee shall be considered to have an 
attributable interest in the entity with which they are so associated. 
The officers and directors of an entity that controls a broadband PCS 
licensee or applicant, a cellular licensee, or an SMR licensee shall be 
considered to have an attributable interest in the broadband PCS 
licensee or applicant, cellular licensee, or SMR licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant attribution 
benchmark to the resulting

[[Page 10]]

product, except that if the ownership percentage for an interest in any 
link in the chain exceeds 50 percent or represents actual control, it 
shall be treated as if it were a 100 percent interest. (For example, if 
A owns 20% of B, and B owns 40% of licensee C, then A's interest in 
licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee 
C, then A's interest in licensee C would be 20% because B's ownership of 
C exceeds 50%.)
    (9) Any person who manages the operations of a broadband PCS, 
cellular, or SMR licensee pursuant to a management agreement shall be 
considered to have an attributable interest in such licensee if such 
person, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (10) Any licensee or its affiliate who enters into a joint marketing 
arrangements with a broadband PCS, cellular, or SMR licensee, or its 
affiliate shall be considered to have an attributable interest, if such 
licensee, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (e) Divestiture. (1) Divestiture of interests as a result of a 
transfer of control or assignment of authorization must occur prior to 
consummating the transfer or assignment, except that a licensee that 
meets the requirements set forth in paragraph (e)(2) of this section 
shall have 90 days from final grant to come into compliance with the 
spectrum aggregation limit.
    (2) An applicant with:
    (i) Controlling or attributable ownership interests in broadband 
PCS, cellular, and/or SMR licenses where the geographic license areas 
cover 20 percent or less of the applicant's service area population;
    (ii) Attributable interests in broadband PCS, cellular, and/or SMR 
licenses solely due to management agreements or joint marketing 
agreements; or
    (iii) Non-controlling attributable interests in broadband PCS, 
cellular, and/or SMR licenses, regardless of the degree to which the 
geographic license areas cover the applicant's service area population, 
shall be eligible to have its application granted subject to a condition 
that the licensee shall come into compliance with the spectrum 
limitation set out in paragraph (a) within ninety (90) days after final 
grant. For purposes of this paragraph, a ``non-controlling attributable 
interest'' is one in which the holder has less than a fifty (50) percent 
voting interest and there is an unaffiliated single holder of a fifty 
(50) percent or greater voting interest.
    (3) The applicant for a license that, if granted, would exceed the 
spectrum aggregation limitation in paragraph (a) of this section shall 
certify on its application that it and all parties to the application 
will come into compliance with this limitation. If such an applicant is 
a successful bidder in an auction, it must submit with its long-form 
application a signed statement describing its efforts to date and future 
plans to come into compliance with the spectrum aggregation limitation. 
A similar statement must also be included with any application for 
assignment of licenses or transfer of control that, if granted, would 
exceed the spectrum aggregation limit.
    (4)(i) Parties holding controlling interests in broadband PCS, 
cellular, and/or SMR licensees that conflict with the attribution 
threshold or geographic overlap limitations set forth in this section 
will be considered to have come into compliance if they have submitted 
to the Commission an application for assignment of license or transfer 
of control of the conflicting licensee (see Sec.  1.948 of this chapter; 
see also Sec.  24.839 of this chapter (PCS)) by which, if granted, such 
parties no longer would have an attributable interest in the conflicting 
license. Divestiture may be to an interim trustee if a buyer has not 
been secured in the required period of

[[Page 11]]

time, as long as the applicant has no interest in or control of the 
trustee, and the trustee may dispose of the license as it sees fit. 
Where parties to broadband PCS, cellular, or SMR applications hold less 
than controlling (but still attributable) interests in broadband PCS, 
cellular, or SMR licensee(s), they shall submit a certification that the 
applicant and all parties to the application have come into compliance 
with the limitations on spectrum aggregation set forth in this section.
    (ii) Applicants that meet the requirements of paragraph (e)(2) of 
this section must tender to the Commission within ninety (90) days of 
final grant of the initial license, such an assignment or transfer 
application or, in the case of less than controlling (but still 
attributable) interests, a written certification that the applicant and 
all parties to the application have come into compliance with the 
limitations on spectrum aggregation set forth in this section. If no 
such transfer or assignment application or certification is tendered to 
the Commission within ninety (90) days of final grant of the initial 
license, the Commission may consider the certification and the 
divestiture statement to be material, bad faith misrepresentations and 
shall invoke the condition on the initial license or the assignment or 
transfer, cancelling or rescinding it automatically, shall retain all 
monies paid to the Commission, and, based on the facts presented, shall 
take any other action it may deem appropriate.
    (f) Sunset. This rule section shall cease to be effective January 1, 
2003.

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

[64 FR 54574, Oct. 7, 1999, as amended at 67 FR 1642, Jan. 14, 2002]



Sec.  20.7  Mobile services.

    The following are mobile services within the meaning of sections 
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
    (a) Public mobile services (part 22 of this chapter), including 
fixed operations that support the mobile systems, but excluding Rural 
Radio Service and Basic Exchange Telecommunications Radio Service (part 
22, subpart H of this chapter);
    (b) Private land mobile services (part 90 of this chapter), 
including secondary fixed operations, but excluding fixed services such 
as call box operations and meter reading;
    (c) Mobile satellite services (part 25 of this chapter) including 
dual-use equipment, terminals capable of transmitting while a platform 
is moving, but excluding satellite facilities provided through a 
transportable platform that cannot move when the communications service 
is offered;
    (d) Marine and aviation services (parts 80 and 87 of this chapter), 
including fixed operations that support these marine and aviation mobile 
systems;
    (e) Personal radio services (part 95 of this chapter), but excluding 
218-219 MHz Service;
    (f) Personal communications services (part 24 of this chapter);
    (g) Auxiliary services provided by mobile service licensees, and 
ancillary fixed communications offered by personal communications 
service providers;
    (h) Unlicensed services meeting the definition of commercial mobile 
radio service in Sec.  20.3, such as the resale of commercial mobile 
radio services, but excluding unlicensed radio frequency devices under 
part 15 of this chapter

[[Page 12]]

(including unlicensed personal communications service devices).

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



Sec.  20.9  Commercial mobile radio service.

    (a) The following mobile services shall be treated as common 
carriage services and regulated as commercial mobile radio services 
(including any such service offered as a hybrid service or offered on an 
excess capacity basis to the extent it meets the definition of 
commercial mobile radio service, or offered as an auxiliary or ancillary 
service), pursuant to Section 332 of the Communications Act, 47 U.S.C. 
332:
    (1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal 
communications needs;
    (2) Stations that offer Industrial/Business Pool (Sec.  90.35 of 
this chapter) eligibles for-profit, interconnected service;
    (3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter), 
except services that are not-for-profit or do not offer interconnected 
service;
    (4) Specialized Mobile Radio services that provide interconnected 
service (part 90 of this chapter);
    (5) Public Coast Stations (part 80, subpart J of this chapter);
    (6) Paging and Radiotelephone Service (part 22, subpart E of this 
chapter).
    (7) Cellular Radiotelephone Service (part 22, subpart H of this 
chapter).
    (8) Air-Ground Radiotelephone Service (part 22, subpart G of this 
chapter).
    (9) Offshore Radiotelephone Service (part 22, subpart I of this 
chapter).
    (10) Any mobile satellite service involving the provision of 
commercial mobile radio service (by licensees or resellers) directly to 
end users, except that mobile satellite licensees and other entities 
that sell or lease space segment capacity, to the extent that it does 
not provide commercial mobile radio service directly to end users, may 
provide space segment capacity to commercial mobile radio service 
providers on a non-common carrier basis, if so authorized by the 
Commission;
    (11) Personal Communications Services (part 24 of this chapter), 
except as provided in paragraph (b) of this section;
    (12) Mobile operations in the 218-219 MHz Service (part 95, subpart 
F of this chapter) that provide for-profit interconnected service to the 
public;
    (13) For-profit subsidiary communications services transmitted on 
subcarriers within the FM baseband signal, that provide interconnected 
service (47 CFR 73.295 of this chapter); and
    (14) A mobile service that is the functional equivalent of a 
commercial mobile radio service.
    (i) A mobile service that does not meet the definition of commercial 
mobile radio service is presumed to be a private mobile radio service.
    (ii) Any interested party may seek to overcome the presumption that 
a particular mobile radio service is a private mobile radio service by 
filing a petition for declaratory ruling challenging a mobile service 
provider's regulatory treatment as a private mobile radio service.
    (A) The petition must show that: (1) The mobile service in question 
meets the definition of commercial mobile radio service; or
    (2) The mobile service in question is the functional equivalent of a 
service that meets the definition of a commercial mobile radio service.
    (B) A variety of factors will be evaluated to make a determination 
whether the mobile service in question is the functional equivalent of a 
commercial mobile radio service, including: consumer demand for the 
service to determine whether the service is closely substitutable for a 
commercial mobile radio service; whether changes in price for the 
service under examination, or for the comparable commercial mobile radio 
service would prompt customers to change from one service to the other; 
and market research information identifying the targeted market for the 
service under review.
    (C) The petition must contain specific allegations of fact supported 
by affidavit(s) of person(s) with personal knowledge. The petition must 
be served on the mobile service provider against whom it is filed and 
contain a certificate of service to this effect. The

[[Page 13]]

mobile service provider may file an opposition to the petition and the 
petitioner may file a reply. The general rules of practice and procedure 
contained in Sec. Sec.  1.1 through 1.52 of this chapter shall apply.
    (b) Licensees of a Personal Communications Service or applicants for 
a Personal Communications Service license, and VHF Public Coast Station 
geographic area licensees or applicants, and Automated Maritime 
Telecommunications System (AMTS) licensees or applicants, proposing to 
use any Personal Communications Service, VHF Public Coast Station, or 
AMTS spectrum to offer service on a private mobile radio service basis 
must overcome the presumption that Personal Communications Service, VHF 
Public Coast, and AMTS Stations are commercial mobile radio services.
    (1) The applicant or licensee (who must file an application to 
modify its authorization) seeking authority to dedicate a portion of the 
spectrum for private mobile radio service, must include a certification 
that it will offer Personal Communications Service, VHF Public Coast 
Station, or AMTS service on a private mobile radio service basis. The 
certification must include a description of the proposed service 
sufficient to demonstrate that it is not within the definition of 
commercial mobile radio service in Sec.  20.3. Any application 
requesting to use any Personal Communications Service, VHF Public Coast 
Station, or AMTS spectrum to offer service on a private mobile radio 
service basis will be placed on public notice by the Commission.
    (2) Any interested party may file a petition to deny the application 
within 30 days after the date of public notice announcing the acceptance 
for filing of the application. The petition shall contain specific 
allegations of fact supported by affidavit(s) of person(s) with personal 
knowledge to show that the applicant's request does not rebut the 
commercial mobile radio service presumption. The petition must be served 
on the applicant and contain a certificate of service to this effect. 
The applicant may file an opposition with allegations of fact supported 
by affidavit. The petitioner may file a reply. No additional pleadings 
will be allowed. The general rules of practice and procedure contained 
in Sec. Sec.  1.1 through 1.52 of this chapter and Sec.  22.30 of this 
chapter shall apply.
    (c) Any provider of private land mobile service before August 10, 
1993 (including any system expansions, modifications, or acquisitions of 
additional licenses in the same service, even if authorized after this 
date), and any private paging service utilizing frequencies allocated as 
of January 1, 1993, that meet the definition of commercial mobile radio 
service, shall, except for purposes of Sec.  20.5 (applicable August 10, 
1993 for the providers listed in this paragraph), be treated as private 
mobile radio service until August 10, 1996. After this date, these 
entities will be treated as commercial mobile radio service providers 
regulated under this part.

[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 
63 FR 40062, July 27, 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, Nov. 
3, 1999; 66 FR 10968, Feb. 21, 2001; 72 FR 31194, June 6, 2007]



Sec.  20.11  Interconnection to facilities of local exchange carriers.

    (a) A local exchange carrier must provide the type of 
interconnection reasonably requested by a mobile service licensee or 
carrier, within a reasonable time after the request, unless such 
interconnection is not technically feasible or economically reasonable. 
Complaints against carriers under section 208 of the Communications Act, 
47 U.S.C. 208, alleging a violation of this section shall follow the 
requirements of Sec. Sec.  1.711-1.734 of this chapter, 47 CFR 1.711-
1.734.
    (b) Local exchange carriers and commercial mobile radio service 
providers shall exchange Non-Access Telecommunications Traffic, as 
defined in Sec.  51.701 of this chapter, under a bill-and-keep 
arrangement, as defined in Sec.  51.713 of this chapter, unless they 
mutually agree otherwise.
    (c) Local exchange carriers and commercial mobile radio service 
providers shall also comply with applicable provisions of part 51 of 
this chapter.
    (d) Local exchange carriers may not impose compensation obligations 
for traffic not subject to access charges

[[Page 14]]

upon commercial mobile radio service providers pursuant to tariffs.
    (e) An incumbent local exchange carrier may request interconnection 
from a commercial mobile radio service provider and invoke the 
negotiation and arbitration procedures contained in section 252 of the 
Act. A commercial mobile radio service provider receiving a request for 
interconnection must negotiate in good faith and must, if requested, 
submit to arbitration by the state commission.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 45619, Aug. 29, 1996; 
70 FR 16145, Mar. 30, 2005; 76 FR 73852, Nov. 29, 2011; 77 FR 1640, Jan. 
11, 2012]



Sec.  20.12  Resale and roaming.

    (a)(1) Scope of manual roaming and resale. Paragraph (c) of this 
section is applicable to providers of Broadband Personal Communications 
Services (part 24, subpart E of this chapter), Cellular Radio Telephone 
Service (part 22, subpart H of this chapter), and specialized Mobile 
Radio Services in the 800 MHz and 900 MHz bands (included in part 90, 
subpart S of this chapter) if such providers offer real-time, two-way 
switched voice or data service that is interconnected with the public 
switched network and utilizes an in-network switching facility that 
enables the provider to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. The scope of paragraph (b) of this section, 
concerning the resale rule, is further limited so as to exclude from the 
requirements of that paragraph those Broadband Personal Communications 
Services C, D, E, and F block licensees that do not own and control and 
are not owned and controlled by firms also holding cellular A or B block 
licenses.
    (2) Scope of automatic roaming. Paragraph (d) of this section is 
applicable to CMRS carriers if such carriers offer real-time, two-way 
switched voice or data service that is interconnected with the public 
switched network and utilizes an in-network switching facility that 
enables the carrier to re-use frequencies and accomplish seamless hand-
offs of subscriber calls. Paragraph (d) of this section is also 
applicable to the provision of push-to-talk and text-messaging service 
by CMRS carriers.
    (3) Scope of offering roaming arrangements for commercial mobile 
data services. Paragraph (e) of this section is applicable to all 
facilities-based providers of commercial mobile data services.
    (b) Resale. The resale rule is applicable as follows:
    (1) Each carrier subject to paragraph (b) of this section shall not 
restrict the resale of its services, unless the carrier demonstrates 
that the restriction is reasonable.
    (2) The resale requirement shall not apply to customer premises 
equipment, whether or not it is bundled with services subject to the 
resale requirement in this paragraph.
    (3) This paragraph shall cease to be effective five years after the 
last group of initial licenses for broadband PCS spectrum in the 1850-
1910 and the 1930-1990 MHz bands is awarded; i.e., at the close of 
November 24, 2002.
    (c) Manual roaming. Each carrier subject to paragraph (a)(1) of this 
section must provide mobile radio service upon request to all 
subscribers in good standing to the services of any carrier subject to 
paragraph (a)(1) of this section, including roamers, while such 
subscribers are located within any portion of the licensee's licensed 
service area where facilities have been constructed and service to 
subscribers has commenced, if such subscribers are using mobile 
equipment that is technically compatible with the licensee's base 
stations.
    (d) Automatic roaming. Upon a reasonable request, it shall be the 
duty of each host carrier subject to paragraph (a)(2) of this section to 
provide automatic roaming to any technologically compatible, facilities-
based CMRS carrier on reasonable and not unreasonably discriminatory 
terms and conditions, pursuant to Sections 201 and 202 of the 
Communications Act, 47 U.S.C. 201 and 202. The Commission shall presume 
that a request by a technologically compatible CMRS carrier for 
automatic roaming is reasonable pursuant to Sections 201 and 202 of the 
Communications Act, 47 U.S.C. 201 and 202. This presumption may be 
rebutted on a case by case basis. The Commission will resolve automatic 
roaming disputes on a case-by-case basis, taking

[[Page 15]]

into consideration the totality of the circumstances presented in each 
case.
    (e) Offering roaming arrangements for commercial mobile data 
services. (1) A facilities-based provider of commercial mobile data 
services is required to offer roaming arrangements to other such 
providers on commercially reasonable terms and conditions, subject to 
the following limitations:
    (i) Providers may negotiate the terms of their roaming arrangements 
on an individualized basis;
    (ii) It is reasonable for a provider not to offer a data roaming 
arrangement to a requesting provider that is not technologically 
compatible;
    (iii) It is reasonable for a provider not to offer a data roaming 
arrangement where it is not technically feasible to provide roaming for 
the particular data service for which roaming is requested and any 
changes to the host provider's network necessary to accommodate roaming 
for such data service are not economically reasonable;
    (iv) It is reasonable for a provider to condition the effectiveness 
of a roaming arrangement on the requesting provider's provision of 
mobile data service to its own subscribers using a generation of 
wireless technology comparable to the technology on which the requesting 
provider seeks to roam.
    (2) A party alleging a violation of this section may file a formal 
or informal complaint pursuant to the procedures in Sec. Sec.  1.716 
through 1.718, 1.720, 1.721, and 1.723 through 1.735 of this chapter, 
which sections are incorporated herein. For purposes of Sec.  20.12(e), 
references to a ``carrier'' or ``common carrier'' in the formal and 
informal complaint procedures incorporated herein will mean a provider 
of commercial mobile data services. The Commission will resolve such 
disputes on a case-by-case basis, taking into consideration the totality 
of the circumstances presented in each case. The remedy of damages shall 
not be available in connection with any complaint alleging a violation 
of this section. Whether the appropriate procedural vehicle for a 
dispute is a complaint under this paragraph or a petition for 
declaratory ruling under Sec.  1.2 of this chapter may vary depending on 
the circumstances of each case.

[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000; 
72 FR 50074, Aug. 30, 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, May 
6, 2011]



Sec.  20.13  State petitions for authority to regulate rates.

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

[[Page 16]]

commercial mobile radio service provider;
    (iii) Rate information for each commercial mobile radio service 
provider, including trends in each provider's rates during the most 
recent annual period or other data covering another reasonable period if 
annual data is unavailable;
    (iv) An assessment of the extent to which services offered by the 
commercial mobile radio service providers the state proposes to regulate 
are substitutable for services offered by other carriers in the state;
    (v) Opportunities for new providers to enter into the provision of 
competing services, and an analysis of any barriers to such entry;
    (vi) Specific allegations of fact (supported by affidavit of person 
with personal knowledge) regarding anti-competitive or discriminatory 
practices or behavior by commercial mobile radio service providers in 
the state;
    (vii) Evidence, information, and analysis demonstrating with 
particularity instances of systematic unjust and unreasonable rates, or 
rates that are unjust or unreasonably discriminatory, imposed upon 
commercial mobile radio service subscribers. Such evidence should 
include an examination of the relationship between rates and costs. 
Additionally, evidence of a pattern of such rates, that demonstrates the 
inability of the commercial mobile radio service marketplace in the 
state to produce reasonable rates through competitive forces will be 
considered especially probative; and
    (viii) Information regarding customer satisfaction or 
dissatisfaction with services offered by commercial mobile radio service 
providers, including statistics and other information about complaints 
filed with the state regulatory commission.
    (3) Petitions must include a certification that the state agency 
filing the petition is the duly authorized state agency responsible for 
the regulation of telecommunication services provided in the state.
    (4) Petitions must identify and describe in detail the rules the 
state proposes to establish if the petition is granted.
    (5) States have the burden of proof. Interested parties may file 
comments in support or in opposition to the petition within 30 days 
after public notice of the filing of a petition by a state under this 
section. Any interested party may file a reply within 15 days after the 
expiration of the filing period for comments. No additional pleadings 
may be filed. Except for Sec.  1.45 of this chapter, practice and 
procedure rules contained in Sec. Sec.  1.42-1.52 of this chapter shall 
apply. The provisions of Sec. Sec.  1.771-1.773 of this chapter do not 
apply.
    (6) The Commission shall act upon any petition filed by a state 
under this paragraph not later than the end of the nine-month period 
after the filing of the petition.
    (7) If the Commission grants the petition, it shall authorize the 
state to regulate rates for commercial mobile radio services in the 
state during a reasonable period of time, as specified by the 
Commission. The period of time specified by the Commission will be that 
necessary to ensure that rates are just and reasonable, or not unjustly 
or unreasonably discriminatory.
    (b) States that regulated rates for commercial mobile services as of 
June 1, 1993, may petition the Commission under this section before 
August 10, 1994, to extend this authority.
    (1) The petition will be acted upon by the Commission in accordance 
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
    (2) The Commission shall act upon the petition (including any 
reconsideration) not later than the end of the 12-month period following 
the date of the filing of the petition by the state involved. Commercial 
mobile radio service providers offering such service in the state shall 
comply with the existing regulations of the state until the petition and 
any reconsideration of the petition are acted upon by the Commission.
    (3) The provisions of paragraph (a)(7) of this section apply to any 
petition granted by the Commission under this paragraph.
    (c) No sooner than 18 months from grant of authority by the 
Commission under this section for state rate regulations, any interested 
party may petition the Commission for an order to

[[Page 17]]

discontinue state authority for rate regulation.
    (1) Petitions to discontinue state authority for rate regulation 
must be based on recent empirical data or other significant evidence 
demonstrating that the exercise of rate authority by a state is no 
longer necessary to ensure that the rates for commercial mobile are just 
and reasonable or not unjustly or unreasonably discriminatory.
    (2) Any interested party may file comments in support of or in 
opposition to the petition within 30 days after public notice of the 
filing of the petition. Any interested party may file a reply within 15 
days after the time for filing comments has expired. No additional 
pleadings may be filed. Except for 1.45 of this chapter, practice and 
procedure rules contained in Sec.  1.42-1.52 of this chapter apply. The 
provisions of Sec. Sec.  1.771-1.773 of this chapter do not apply.
    (3) The Commission shall act upon any petition filed by any 
interested party under this paragraph within nine months after the 
filing of the petition.



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

    (a) Commercial mobile radio services providers, to the extent 
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 
of this chapter, 47 CFR part 68; and Sec. Sec.  1.701-1.748, and 1.815 
of this chapter, 47 CFR 1.701-1.748, 1.815.
    (b) Commercial mobile radio service providers are not required to:
    (1) File with the Commission copies of contracts entered into with 
other carriers or comply with other reporting requirements, or with 
Sec. Sec.  1.781 through 1.814 and 43.21 of this chapter; except that 
commercial radio service providers that offer broadband service, as 
described in Sec.  1.7001(a) of this chapter or mobile telephony are 
required to file reports pursuant to Sec. Sec.  1.7000 and 43.11 of this 
chapter. For purposes of this section, mobile telephony is defined as 
real-time, two-way switched voice service that is interconnected with 
the public switched network utilizing an in-network switching facility 
that enables the provider to reuse frequencies and accomplish seamless 
handoff of subscriber calls.
    (2) Seek authority for interlocking directors (section 212 of the 
Communications Act);
    (3) Submit applications for new facilities or discontinuance of 
existing facilities (section 214 of the Communications Act).
    (c) Commercial mobile radio service providers shall not file tariffs 
for international and interstate service to their customers, interstate 
access service, or international and interstate operator service. 
Sections 1.771 through 1.773 and part 61 of this chapter are not 
applicable to international and interstate services provided by 
commercial mobile radio service providers. Commercial mobile radio 
service providers shall cancel tariffs for international and interstate 
service to their customers, interstate access service, and international 
and interstate operator service.
    (d) Except as specified as in paragraphs (d)(1) and (2), nothing in 
this section shall be construed to modify the Commission's rules and 
policies on the provision of international service under part 63 of this 
chapter.
    (1) Notwithstanding the provisions of Sec.  63.21(c) of this 
chapter, a commercial mobile radio service provider is not required to 
comply with Sec.  42.10 of this chapter.
    (2) A commercial mobile radio service (CMRS) provider that is 
classified as dominant under Sec.  63.10 of this chapter due to an 
affiliation with a foreign carrier is required to comply with Sec.  
42.11 of this chapter if the affiliated foreign carrier collects 
settlement payments from U.S. carriers for terminating U.S. 
international switched traffic at the foreign end of the route. Such a 
CMRS provider is not required to comply with Sec.  42.11, however, if it 
provides service on the affiliated route solely through the resale of an 
unaffiliated facilities-based provider's international switched 
services.
    (3) For purposes of paragraphs (d)(1) and (2) of this section, 
affiliated and foreign carrier are defined in Sec.  63.09 of this 
Chapter.

[[Page 18]]

    (e) For obligations of commercial mobile radio service providers to 
provide local number portability, see Sec.  52.1 of this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 
63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, 
Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR 77938, Dec. 29, 2004]



Sec.  20.18  911 Service.

    (a) Scope of section. Except as described in paragraph (r) of this 
section, the following requirements are only applicable to CMRS 
providers, excluding mobile satellite service (MSS) operators, to the 
extent that they:
    (1) Offer real-time, two way switched voice service that is 
interconnected with the public switched network; and
    (2) Utilize an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. These requirements are applicable to entities that 
offer voice service to consumers by purchasing airtime or capacity at 
wholesale rates from CMRS licensees.
    (b) Basic 911 Service. CMRS providers subject to this section must 
transmit all wireless 911 calls without respect to their call validation 
process to a Public Safety Answering Point, or, where no Public Safety 
Answering Point has been designated, to a designated statewide default 
answering point or appropriate local emergency authority pursuant to 
Sec.  64.3001 of this chapter, provided that ``all wireless 911 calls'' 
is defined as ``any call initiated by a wireless user dialing 911 on a 
phone using a compliant radio frequency protocol of the serving 
carrier.''
    (c) Access to 911 services. CMRS providers subject to this section 
must be capable of transmitting 911 calls from individuals with speech 
or hearing disabilities through means other than mobile radio handsets, 
e.g., through the use of Text Telephone Devices (TTY). CMRS providers 
that provide voice communications over IP facilities are not required to 
support 911 access via TTYs if they provide 911 access via real-time 
text (RTT) communications, in accordance with 47 CFR part 67, except 
that RTT support is not required to the extent that it is not achievable 
for a particular manufacturer to support RTT on the provider's network.
    (d) Phase I enhanced 911 services. (1) As of April 1, 1998, or 
within six months of a request by the designated Public Safety Answering 
Point as set forth in paragraph (j) of this section, whichever is later, 
licensees subject to this section must provide the telephone number of 
the originator of a 911 call and the location of the cell site or base 
station receiving a 911 call from any mobile handset accessing their 
systems to the designated Public Safety Answering Point through the use 
of ANI and Pseudo-ANI.
    (2) When the directory number of the handset used to originate a 911 
call is not available to the serving carrier, such carrier's obligations 
under the paragraph (d)(1) of this section extend only to delivering 911 
calls and available call party information, including that prescribed in 
paragraph (l) of this section, to the designated Public Safety Answering 
Point.

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

    (e) Phase II enhanced 911 service. Licensees subject to this section 
must provide to the designated Public Safety Answering Point Phase II 
enhanced 911 service, i.e., the location of all 911 calls by longitude 
and latitude in conformance with Phase II accuracy requirements (see 
paragraph (h) of this section).
    (f) Phase-in for network-based location technologies. Licensees 
subject to this section who employ a network-based location technology 
shall provide Phase II 911 enhanced service to at least 50 percent of 
their coverage area or 50 percent of their population beginning October 
1, 2001, or within 6 months of a PSAP request, whichever is later; and 
to 100 percent of their coverage area or 100 percent of their population 
within 18 months of such a request or by October 1, 2002, whichever is 
later.
    (g) Phase-in for handset-based location technologies. Licensees 
subject to this

[[Page 19]]

section who employ a handset-based location technology may phase in 
deployment of Phase II enhanced 911 service, subject to the following 
requirements:
    (1) Without respect to any PSAP request for deployment of Phase II 
911 enhanced service, the licensee shall:
    (i) Begin selling and activating location-capable handsets no later 
than October 1, 2001;
    (ii) Ensure that at least 25 percent of all new handsets activated 
are location-capable no later than December 31, 2001;
    (iii) Ensure that at least 50 percent of all new handsets activated 
are location-capable no later than June 30, 2002; and
    (iv) Ensure that 100 percent of all new digital handsets activated 
are location-capable no later than December 31, 2002, and thereafter.
    (v) By December 31, 2005, achieve 95 percent penetration of 
location-capable handsets among its subscribers.
    (vi) Licensees that meet the enhanced 911 compliance obligations 
through GPS-enabled handsets and have commercial agreements with 
resellers will not be required to include the resellers' handset counts 
in their compliance percentages.
    (2) Once a PSAP request is received, the licensee shall, in the area 
served by the PSAP, within six months or by October 1, 2001, whichever 
is later:
    (i) Install any hardware and/or software in the CMRS network and/or 
other fixed infrastructure, as needed, to enable the provision of Phase 
II enhanced 911 service; and
    (ii) Begin delivering Phase II enhanced 911 service to the PSAP.
    (3) For all 911 calls from portable or mobile phones that do not 
contain the hardware and/or software needed to enable the licensee to 
provide Phase II enhanced 911 service, the licensee shall, after a PSAP 
request is received, support, in the area served by the PSAP, Phase I 
location for 911 calls or other available best practice method of 
providing the location of the portable or mobile phone to the PSAP.
    (4) Licensees employing handset-based location technologies shall 
ensure that location-capable portable or mobile phones shall conform to 
industry interoperability standards designed to enable the location of 
such phones by multiple licensees.
    (h) Phase II accuracy. Licensees subject to this section shall 
comply with the following standards for Phase II location accuracy and 
reliability, to be tested and measured either at the county or at the 
PSAP service area geographic level, based on outdoor measurements only:
    (1) Network-based technologies:
    (i) 100 meters for 67 percent of calls, consistent with the 
following benchmarks:
    (A) One year from January 18, 2011, carriers shall comply with this 
standard in 60 percent of counties or PSAP service areas. These counties 
or PSAP service areas must cover at least 70 percent of the population 
covered by the carrier across its entire network. Compliance will be 
measured on a per-county or per-PSAP basis using, at the carrier's 
election, either
    (1) Network-based accuracy data, or
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section.
    (B) Three years from January 18, 2011, carriers shall comply with 
this standard in 70 percent of counties or PSAP service areas. These 
counties or PSAP service areas must cover at least 80 percent of the 
population covered by the carrier across its entire network. Compliance 
will be measured on a per-county or per-PSAP basis using, at the 
carrier's election, either
    (1) Network-based accuracy data, or
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section.
    (C) Five years from January 18, 2011, carriers shall comply with 
this standard in 100% of counties or PSAP service areas covered by the 
carrier. Compliance will be measured on a per-county or per-PSAP basis, 
using, at the carrier's election, either
    (1) Network-based accuracy data,
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section, or
    (3) Handset-based accuracy data as provided in paragraph (h)(1)(v) 
of this section.
    (ii) 300 meters for 90 percent of calls, consistent with the 
following benchmarks:
    (A) Three years from January 18, 2011, carriers shall comply with 
this

[[Page 20]]

standard in 60 percent of counties or PSAP service areas. These counties 
or PSAP service areas must cover at least 70 percent of the population 
covered by the carrier across its entire network. Compliance will be 
measured on a per-county or per-PSAP basis using, at the carrier's 
election, either
    (1) Network-based accuracy data, or
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section.
    (B) Five years from January 18, 2011, carriers shall comply in 70 
percent of counties or PSAP service areas. These counties or PSAP 
service areas must cover at least 80 percent of the population covered 
by the carrier across its entire network. Compliance will be measured on 
a per-county or per-PSAP basis using, at the carrier's election, either
    (1) Network-based accuracy data, or
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section.
    (C) Eight years from January 18, 2011, carriers shall comply in 85 
percent of counties or PSAP service areas. Compliance will be measured 
on a per-county or per-PSAP basis using, at the carrier's election, 
either
    (1) Network-based accuracy data,
    (2) Blended reporting as provided in paragraph (h)(1)(iv) of this 
section, or
    (3) Handset-based accuracy data as provided in paragraph (h)(1)(v) 
of this section.
    (iii) County-level or PSAP-level location accuracy standards for 
network-based technologies will be applicable to those counties or PSAP 
service areas, on an individual basis, in which a network-based carrier 
has deployed Phase II in at least one cell site located within a 
county's or PSAP service area's boundary. Compliance with the 
requirements of paragraph (h)(1)(i) and paragraph (h)(1)(ii) of this 
section shall be measured and reported independently.
    (iv) Accuracy data from both network-based solutions and handset-
based solutions may be blended to measure compliance with the accuracy 
requirements of paragraph (h)(1)(i)(A) through (C) and paragraph 
(h)(1)(ii)(A) through (C) of this section. Such blending shall be based 
on weighting accuracy data in the ratio of assisted GPS (``A-GPS'') 
handsets to non-A-GPS handsets in the carrier's subscriber base. The 
weighting ratio shall be applied to the accuracy data from each solution 
and measured against the network-based accuracy requirements of 
paragraph (h)(1) of this section.
    (v) A carrier may rely solely on handset-based accuracy data in any 
county or PSAP service area if at least 85 percent of its subscribers, 
network-wide, use A-GPS handsets, or if it offers A-GPS handsets to 
subscribers in that county or PSAP service area at no cost to the 
subscriber.
    (vi) A carrier may exclude from compliance particular counties, or 
portions of counties, where triangulation is not technically possible, 
such as locations where at least three cell sites are not sufficiently 
visible to a handset. Carriers must file a list of the specific counties 
or portions of counties where they are utilizing this exclusion within 
90 days following approval from the Office of Management and Budget for 
the related information collection. This list must be submitted 
electronically into PS Docket No. 07-114, and copies must be sent to the 
National Emergency Number Association, the Association of Public-Safety 
Communications Officials-International, and the National Association of 
State 9-1-1 Administrators. Further, carriers must submit in the same 
manner any changes to their exclusion lists within thirty days of 
discovering such changes. This exclusion will sunset on [8 years after 
effective date].
    (2) Handset-based technologies:
    (i) Two years from January 18, 2011, 50 meters for 67 percent of 
calls, and 150 meters for 80 percent of calls, on a per-county or per-
PSAP basis. However, a carrier may exclude up to 15 percent of counties 
or PSAP service areas from the 150 meter requirement based upon heavy 
forestation that limits handset-based technology accuracy in those 
counties or PSAP service areas.
    (ii) Eight years from January 18, 2011, 50 meters for 67 percent of 
calls, and 150 meters for 90 percent of calls, on a per-county or per-
PSAP basis. However, a carrier may exclude up to 15 percent of counties 
or PSAP service areas from the 150 meter requirement based upon heavy 
forestation that limits handset-

[[Page 21]]

based technology accuracy in those counties or PSAP service areas.
    (iii) Carriers must file a list of the specific counties or PSAP 
service areas where they are utilizing the exclusion for heavy 
forestation within 90 days following approval from the Office of 
Management and Budget for the related information collection. This list 
must be submitted electronically into PS Docket No. 07-114, and copies 
must be sent to the National Emergency Number Association, the 
Association of Public-Safety Communications Officials-International, and 
the National Association of State 9-1-1 Administrators. Further, 
carriers must submit in the same manner any changes to their exclusion 
lists within thirty days of discovering such changes.
    (iv) Providers of new CMRS networks that meet the definition of 
covered CMRS providers under paragraph (a) of this section must comply 
with the requirements of paragraphs (h)(2)(i) through (iii) of this 
section. For this purpose, a ``new CMRS network'' is a CMRS network that 
is newly deployed subsequent to the effective date of the Third Report 
and Order in PS Docket No. 07-114 and that is not an expansion or 
upgrade of an existing CMRS network.
    (3) Latency (Time to First Fix). For purposes of measuring 
compliance with the location accuracy standards of this paragraph, a 
call will be deemed to satisfy the standard only if it provides the 
specified degree of location accuracy within a maximum latency period of 
30 seconds, as measured from the time the user initiates the 911 call to 
the time the location fix appears at the location information center: 
Provided, however, that the CMRS provider may elect not to include for 
purposes of measuring compliance therewith any calls lasting less than 
30 seconds.
    (i) Indoor location accuracy for 911 and testing requirements--(1) 
Definitions: The terms as used in this section have the following 
meaning:
    (i) Dispatchable location: A location delivered to the PSAP by the 
CMRS provider with a 911 call that consists of the street address of the 
calling party, plus additional information such as suite, apartment or 
similar information necessary to adequately identify the location of the 
calling party. The street address of the calling party must be validated 
and, to the extent possible, corroborated against other location 
information prior to delivery of dispatchable location information by 
the CMRS provider to the PSAP.
    (ii) Media Access Control (MAC) Address. A location identifier of a 
Wi-Fi access point.
    (iii) National Emergency Address Database (NEAD). A database that 
utilizes MAC address information to identify a dispatchable location for 
nearby wireless devices within the CMRS provider's coverage footprint.
    (iv) Nationwide CMRS provider: A CMRS provider whose service extends 
to a majority of the population and land area of the United States.
    (v) Non-nationwide CMRS provider: Any CMRS provider other than a 
nationwide CMRS provider.
    (vi) Test Cities. The six cities (San Francisco, Chicago, Atlanta, 
Denver/Front Range, Philadelphia, and Manhattan Borough) and surrounding 
geographic areas that correspond to the six geographic regions specified 
by the February 7, 2014 ATIS Document, ``Considerations in Selecting 
Indoor Test Regions,'' for testing of indoor location technologies.
    (2) Indoor location accuracy standards: CMRS providers subject to 
this section shall meet the following requirements:
    (i) Horizontal location. (A) Nationwide CMRS providers shall 
provide; dispatchable location, or ; x/y location within 50 meters, for 
the following percentages of wireless 911 calls within the following 
timeframes, measured from the effective date of the adoption of this 
rule:
    (1) Within 2 years: 40 percent of all wireless 911 calls.
    (2) Within 3 years: 50 percent of all wireless 911 calls.
    (3) Within 5 years: 70 percent of all wireless 911 calls.
    (4) Within 6 years: 80 percent of all wireless 911 calls.
    (B) Non-nationwide CMRS providers shall provide; dispatchable 
location or; x/y location within 50 meters, for the following 
percentages of wireless 911 calls within the following timeframes, 
measured from the effective date of the adoption of this rule:

[[Page 22]]

    (1) Within 2 years: 40 percent of all wireless 911 calls.
    (2) Within 3 years: 50 percent of all wireless 911 calls.
    (3) Within 5 years or within six months of deploying a commercially-
operating VoLTE platform in their network, whichever is later: 70 
percent of all wireless 911 calls.
    (4) Within 6 years or within one year of deploying a commercially-
operating VoLTE platform in their network, whichever is later: 80 
percent of all wireless 911 calls.
    (ii) Vertical location. CMRS providers shall provide vertical 
location information with wireless 911 calls as described in this 
section within the following timeframes measured from the effective date 
of the adoption of this rule:
    (A) Within 3 years: All CMRS providers shall make uncompensated 
barometric data available to PSAPs with respect to any 911 call placed 
from any handset that has the capability to deliver barometric sensor 
information.
    (B) Within 3 years: Nationwide CMRS providers shall develop one or 
more z-axis accuracy metrics validated by an independently administered 
and transparent test bed process as described in paragraph (i)(3)(i) of 
this section, and shall submit the proposed metric or metrics, supported 
by a report of the results of such development and testing, to the 
Commission for approval.
    (C) Within 6 years: In each of the top 25 CMAs, nationwide CMRS 
providers shall deploy either;) dispatchable location, or ; z-axis 
technology in compliance with any z-axis accuracy metric that has been 
approved by the Commission,
    (1) In each CMA where dispatchable location is used: nationwide CMRS 
providers must ensure that the NEAD is populated with a sufficient 
number of total dispatchable location reference points to equal 25 
percent of the CMA population.
    (2) In each CMA where z-axis technology is used: nationwide CMRS 
providers must deploy z-axis technology to cover 80 percent of the CMA 
population.
    (D) Within 8 years: In each of the top 50 CMAs, nationwide CMRS 
providers shall deploy either
    (1) Dispatchable location or;
    (2) Such z-axis technology in compliance with any z-axis accuracy 
metric that has been approved by the Commission.
    (E) Non-nationwide CMRS providers that serve any of the top 25 or 50 
CMAs will have an additional year to meet each of the benchmarks in 
paragraphs (i)(2)(ii)(C) and (D) of this section.
    (iii) Compliance. Within 60 days after each benchmark date specified 
in paragraphs (i)(2)(i) and (ii) of this section, CMRS providers must 
certify that they are in compliance with the location accuracy 
requirements applicable to them as of that date. CMRS providers shall be 
presumed to be in compliance by certifying that they have complied with 
the test bed and live call data provisions described in paragraph (i)(3) 
of this section.
    (A) All CMRS providers must certify that the indoor location 
technology (or technologies) used in their networks are deployed 
consistently with the manner in which they have been tested in the test 
bed. A CMRS provider must update certification whenever it introduces a 
new technology into its network or otherwise modifies its network, such 
that previous performance in the test bed would no longer be consistent 
with the technology's modified deployment.
    (B) CMRS providers that provide quarterly reports of live call data 
in one or more of the six test cities specified in paragraph (i)(1)(vi) 
of this section must certify that their deployment of location 
technologies throughout their coverage area is consistent with their 
deployment of the same technologies in the areas that are used for live 
call data reporting.
    (C) Non-nationwide CMRS providers that do not provide service or 
report quarterly live call data in any of the six test cities specified 
in paragraph (i)(1)(vi) of this section must certify that they have 
verified based on their own live call data that they are in compliance 
with the requirements of paragraphs (i)(2)(i)(B) and (ii) of this 
section.
    (iv) Enforcement. PSAPs may seek Commission enforcement within their 
geographic service area of the requirements of paragraphs (i)(2)(i) and 
(ii) of this section, but only so long as they

[[Page 23]]

have implemented policies that are designed to obtain all location 
information made available by CMRS providers when initiating and 
delivering 911 calls to the PSAP. Prior to seeking Commission 
enforcement, a PSAP must provide the CMRS provider with [30] days 
written notice, and the CMRS provider shall have an opportunity to 
address the issue informally. If the issue has not been addressed to the 
PSAP's satisfaction within 90 days, the PSAP may seek enforcement 
relief.
    (3) Indoor location accuracy testing and live call data reporting--
(i) Indoor location accuracy test bed. CMRS providers must establish the 
test bed described in this section within 12 months of the effective 
date of this rule. CMRS providers must validate technologies intended 
for indoor location, including dispatchable location technologies and 
technologies that deliver horizontal and/or vertical coordinates, 
through an independently administered and transparent test bed process, 
in order for such technologies to be presumed to comply with the 
location accuracy requirements of this paragraph. The test bed shall 
meet the following minimal requirements in order for the test results to 
be considered valid for compliance purposes:
    (A) Include testing in representative indoor environments, including 
dense urban, urban, suburban and rural morphologies;
    (B) Test for performance attributes including location accuracy 
(ground truth as measured in the test bed), latency (Time to First Fix), 
and reliability (yield); and
    (C) Each test call (or equivalent) shall be independent from prior 
calls and accuracy will be based on the first location delivered after 
the call is initiated.
    (D) In complying with paragraph (i)(3)(i)(B) of this section, CMRS 
providers shall measure yield separately for each individual indoor 
location morphology (dense urban, urban, suburban, and rural) in the 
test bed, and based upon the specific type of location technology that 
the provider intends to deploy in real-world areas represented by that 
particular morphology. CMRS providers must base the yield percentage 
based on the number of test calls that deliver a location in compliance 
with any applicable indoor location accuracy requirements, compared to 
the total number of calls that successfully connect to the testing 
network. CMRS providers may exclude test calls that are dropped or 
otherwise disconnected in 10 seconds or less from calculation of the 
yield percentage (both the denominator and numerator).
    (ii) Collection and reporting of aggregate live 911 call location 
data. CMRS providers providing service in any of the Test Cities or 
portions thereof must collect and report aggregate data on the location 
technologies used for live 911 calls in those areas.
    (A) CMRS providers subject to this section shall identify and 
collect information regarding the location technology or technologies 
used for each 911 call in the reporting area during the calling period.
    (B) CMRS providers subject to this section shall report Test City 
call location data on a quarterly basis to the Commission, the National 
Emergency Number Association, the Association of Public Safety 
Communications Officials, and the National Association of State 911 
Administrators, with the first report due 18 months from the effective 
date of rules adopted in this proceeding.
    (C) CMRS providers subject to this section shall also provide 
quarterly live call data on a more granular basis that allows evaluation 
of the performance of individual location technologies within different 
morphologies (e.g., dense urban, urban, suburban, rural). To the extent 
available, live call data for all CMRS providers shall delineate based 
on a per technology basis accumulated and so identified for:
    (1) Each of the ATIS ESIF morphologies;
    (2) On a reasonable community level basis; or
    (3) By census block. This more granular data will be used for 
evaluation and not for compliance purposes.
    (D) Non-nationwide CMRS providers that operate in a single Test City 
need only report live 911 call data from that city or portion thereof 
that they cover. Non-nationwide CMRS providers that operate in more than 
one Test City

[[Page 24]]

must report live 911 call data only in half of the regions (as selected 
by the provider). In the event a non-nationwide CMRS provider begins 
coverage in a Test City it previously did not serve, it must update its 
certification pursuant to paragraph (i)(2)(iii)(C) of this section to 
reflect this change in its network and begin reporting data from the 
appropriate areas. All non-nationwide CMRS providers must report their 
Test City live call data every 6 months, beginning 18 months from the 
effective date of rules adopted in this proceeding.
    (E) Non-nationwide CMRS providers that do not provide coverage in 
any of the Test Cities can satisfy the requirement of paragraph 
(i)(3)(ii) of this section by collecting and reporting data based on the 
largest county within its footprint. In addition, where a non-nationwide 
CMRS provider serves more than one of the ATIS ESIF morphologies, it 
must include a sufficient number of representative counties to cover 
each morphology.
    (iii) Data retention. CMRS providers shall retain testing and live 
call data gathered pursuant to this section for a period of 2 years.
    (4) Submission of plans and reports. The following reporting and 
certification obligations apply to all CMRS providers subject to this 
section, which may be filed electronically in PS Docket No. 07-114:
    (i) Initial implementation plan. No later than 18 months from the 
effective date of the adoption of this rule, nationwide CMRS providers 
shall report to the Commission on their plans for meeting the indoor 
location accuracy requirements of paragraph (i)(2) of this section. Non-
nationwide CMRS providers will have an additional 6 months to submit 
their implementation plans.
    (ii) Progress reports. No later than 18 months from the effective 
date of the adoption of this rule, each CMRS provider shall file a 
progress report on implementation of indoor location accuracy 
requirements. Non-nationwide CMRS providers will have an additional 6 
months to submit their progress reports. All CMRS providers shall 
provide an additional progress report no later than 36 months from the 
effective date of the adoption of this rule. The 36-month reports shall 
indicate what progress the provider has made consistent with its 
implementation plan, and the nationwide CMRS providers shall include an 
assessment of their deployment of dispatchable location solutions. For 
any CMRS provider participating in the development of the NEAD database, 
this progress report must include detail as to the implementation of the 
NEAD database described in paragraphs (i)(4)(iii) and (iv) of this 
section.
    (iii) NEAD privacy and security plan. Prior to activation of the 
NEAD but no later than 18 months from the effective date of the adoption 
of this rule, the nationwide CMRS providers shall file with the 
Commission and request approval for a security and privacy plan for the 
administration and operation of the NEAD. The plan must include the 
identity of an administrator for the NEAD, who will serve as a point of 
contact for the Commission and shall be accountable for the 
effectiveness of the security, privacy, and resiliency measures.
    (iv) NEAD use certification. Prior to use of the NEAD or any 
information contained therein to meet such requirements, CMRS providers 
must certify that they will not use the NEAD or associated data for any 
non-911 purpose, except as otherwise required by law.
    (j) Confidence and uncertainty data. (1) Except as provided in 
paragraphs (j)(2)-(3) of this section, CMRS providers subject to this 
section shall provide for all wireless 911 calls, whether from outdoor 
or indoor locations, x- and y-axis (latitude, longitude) confidence and 
uncertainty information (C/U data) on a per-call basis upon the request 
of a PSAP. The data shall specify
    (i) The caller's location with a uniform confidence level of 90 
percent, and;
    (ii) The radius in meters from the reported position at that same 
confidence level. All entities responsible for transporting confidence 
and uncertainty between CMRS providers and PSAPs, including LECs, CLECs, 
owners of E911 networks, and emergency service providers, must enable 
the transmission of confidence and uncertainty

[[Page 25]]

data provided by CMRS providers to the requesting PSAP.
    (2) Upon meeting the 3-year timeframe pursuant to paragraph 
(i)(2)(i) of this section, CMRS providers shall provide with wireless 
911 calls that have a dispatchable location the C/U data for the x- and 
y-axis (latitude, longitude) required under paragraph (j)(1) of this 
section.
    (3) Upon meeting the 6-year timeframe pursuant to paragraph 
(i)(2)(i) of this section, CMRS providers shall provide with wireless 
911 calls that have a dispatchable location the C/U data for the x- and 
y-axis (latitude, longitude) required under paragraph (j)(1) of this 
section.
    (k) Provision of live 911 call data for PSAPs. Notwithstanding other 
911 call data collection and reporting requirements in paragraph (i) of 
this section, CMRS providers must record information on all live 911 
calls, including, but not limited to, the positioning source method used 
to provide a location fix associated with the call. CMRS providers must 
also record the confidence and uncertainty data that they provide 
pursuant to paragraphs (j)(1) through (3) of this section. This 
information must be made available to PSAPs upon request, and shall be 
retained for a period of two years.
    (l) Reports on Phase II plans. Licensees subject to this section 
shall report to the Commission their plans for implementing Phase II 
enhanced 911 service, including the location-determination technology 
they plan to employ and the procedure they intend to use to verify 
conformance with the Phase II accuracy requirements by November 9, 2000. 
Licensees are required to update these plans within thirty days of the 
adoption of any change. These reports and updates may be filed 
electronically in a manner to be designated by the Commission.
    (m) Conditions for enhanced 911 services--(1) Generally. The 
requirements set forth in paragraphs (d) through (h)(2) and in paragraph 
(j) of this section shall be applicable only to the extent that the 
administrator of the applicable designated PSAP has requested the 
services required under those paragraphs and such PSAP is capable of 
receiving and utilizing the requested data elements and has a mechanism 
for recovering the PSAP's costs associated with them.
    (2) Commencement of six-month period. (i) Except as provided in 
paragraph (ii) of this section, for purposes of commencing the six-month 
period for carrier implementation specified in paragraphs (d), (f) and 
(g) of this section, a PSAP will be deemed capable of receiving and 
utilizing the data elements associated with the service requested, if it 
can demonstrate that it has:
    (A) Ordered the necessary equipment and has commitments from 
suppliers to have it installed and operational within such six-month 
period; and
    (B) Made a timely request to the appropriate local exchange carrier 
for the necessary trunking, upgrades, and other facilities.
    (ii) For purposes of commencing the six-month period for carrier 
implementation specified in paragraphs (f) and (g) of this section, a 
PSAP that is Phase I-capable using a Non-Call Path Associated Signaling 
(NCAS) technology will be deemed capable of receiving and utilizing the 
data elements associated with Phase II service if it can demonstrate 
that it has made a timely request to the appropriate local exchange 
carrier for the ALI database upgrade necessary to receive the Phase II 
information.
    (3) Tolling of six-month period. Where a wireless carrier has served 
a written request for documentation on the PSAP within 15 days of 
receiving the PSAP's request for Phase I or Phase II enhanced 911 
service, and the PSAP fails to respond to such request within 15 days of 
such service, the six-month period for carrier implementation specified 
in paragraphs (d), (f), and (g) of this section will be tolled until the 
PSAP provides the carrier with such documentation.
    (4) Carrier certification regarding PSAP readiness issues. At the 
end of the six-month period for carrier implementation specified in 
paragraphs (d), (f) and (g) of this section, a wireless carrier that 
believes that the PSAP is not capable of receiving and utilizing the 
data elements associated with the service requested may file a 
certification with the Commission. Upon filing and

[[Page 26]]

service of such certification, the carrier may suspend further 
implementation efforts, except as provided in paragraph (j)(4)(x) of 
this section.
    (i) As a prerequisite to filing such certification, no later than 21 
days prior to such filing, the wireless carrier must notify the affected 
PSAP, in writing, of its intent to file such certification. Any response 
that the carrier receives from the PSAP must be included with the 
carrier's certification filing.
    (ii) The certification process shall be subject to the procedural 
requirements set forth in sections 1.45 and 1.47 of this chapter.
    (iii) The certification must be in the form of an affidavit signed 
by a director or officer of the carrier, documenting:
    (A) The basis for the carrier's determination that the PSAP will not 
be ready;
    (B) Each of the specific steps the carrier has taken to provide the 
E911 service requested;
    (C) The reasons why further implementation efforts cannot be made 
until the PSAP becomes capable of receiving and utilizing the data 
elements associated with the E911 service requested; and
    (D) The specific steps that remain to be completed by the wireless 
carrier and, to the extent known, the PSAP or other parties before the 
carrier can provide the E911 service requested.
    (iv) All affidavits must be correct. The carrier must ensure that 
its affidavit is correct, and the certifying director or officer has the 
duty to personally determine that the affidavit is correct.
    (v) A carrier may not engage in a practice of filing inadequate or 
incomplete certifications for the purpose of delaying its 
responsibilities.
    (vi) To be eligible to make a certification, the wireless carrier 
must have completed all necessary steps toward E911 implementation that 
are not dependent on PSAP readiness.
    (vii) A copy of the certification must be served on the PSAP in 
accordance with Sec.  1.47 of this chapter. The PSAP may challenge in 
writing the accuracy of the carrier's certification and shall serve a 
copy of such challenge on the carrier. See Sec. Sec.  1.45 and 1.47 and 
Sec. Sec.  1.720 through 1.736 of this chapter.
    (viii) If a wireless carrier's certification is facially inadequate, 
the six-month implementation period specified in paragraphs (d), (f) and 
(g) of this section will not be suspended as provided for in paragraph 
(j)(4) of this section.
    (ix) If a wireless carrier's certification is inaccurate, the 
wireless carrier will be liable for noncompliance as if the 
certification had not been filed.
    (x) A carrier that files a certification under paragraph (j)(4) of 
this section shall have 90 days from receipt of the PSAP's written 
notice that it is capable of receiving and utilizing the data elements 
associated with the service requested to provide such service in 
accordance with the requirements of paragraphs (d) through (h) of this 
section.
    (5) Modification of deadlines by agreement. Nothing in this section 
shall prevent Public Safety Answering Points and carriers from 
establishing, by mutual consent, deadlines different from those imposed 
for carrier and PSAP compliance in paragraphs (d), (f), and (g)(2) of 
this section.
    (n) Dispatch service. A service provider covered by this section who 
offers dispatch service to customers may meet the requirements of this 
section with respect to customers who utilize dispatch service either by 
complying with the requirements set forth in paragraphs (b) through (e) 
of this section, or by routing the customer's emergency calls through a 
dispatcher. If the service provider chooses the latter alternative, it 
must make every reasonable effort to explicitly notify its current and 
potential dispatch customers and their users that they are not able to 
directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.
    (o) Non-service-initialized handsets. (1) Licensees subject to this 
section that donate a non-service-initialized handset for purposes of 
providing access to 911 services are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier,

[[Page 27]]

or any other identifier unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of non-service-
initialized handsets.
    (2) Manufacturers of 911-only handsets that are manufactured on or 
after May 3, 2004, are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of 911-only 
handsets.
    (3) Definitions. The following definitions apply for purposes of 
this paragraph.
    (i) Non-service-initialized handset. A handset for which there is no 
valid service contract with a provider of the services enumerated in 
paragraph (a) of this section.
    (ii) 911-only handset. A non-service-initialized handset that is 
manufactured with the capability of dialing 911 only and that cannot 
receive incoming calls.
    (p) Reseller obligation. (1) Beginning December 31, 2006, resellers 
have an obligation, independent of the underlying licensee, to provide 
access to basic and enhanced 911 service to the extent that the 
underlying licensee of the facilities the reseller uses to provide 
access to the public switched network complies with sections 20.18(d)-
(g).
    (2) Resellers have an independent obligation to ensure that all 
handsets or other devices offered to their customers for voice 
communications and sold after December 31, 2006 are capable of 
transmitting enhanced 911 information to the appropriate PSAP, in 
accordance with the accuracy requirements of section 20.18(i).
    (q) Text-to-911 Requirements--(1) Covered Text Provider: 
Notwithstanding any other provisions in this section, for purposes of 
this paragraph (n) of this section, a ``covered text provider'' includes 
all CMRS providers as well as all providers of interconnected text 
messaging services that enable consumers to send text messages to and 
receive text messages from all or substantially all text-capable U.S. 
telephone numbers, including through the use of applications downloaded 
or otherwise installed on mobile phones.
    (2) Automatic Bounce-back Message: an automatic text message 
delivered to a consumer by a covered text provider in response to the 
consumer's attempt to send a text message to 911 when the consumer is 
located in an area where text-to-911 service is unavailable or the 
covered text provider does not support text-to-911 service generally or 
in the area where the consumer is located at the time.
    (3) No later than September 30, 2013, all covered text providers 
shall provide an automatic bounce-back message under the following 
circumstances:
    (i) A consumer attempts to send a text message to a Public Safety 
Answering Point (PSAP) by means of the three-digit short code ``911''; 
and
    (ii) The covered text provider cannot deliver the text because the 
consumer is located in an area where:
    (A) Text-to-911 service is unavailable; or
    (B) The covered text provider does not support text-to-911 service 
at the time.
    (4)(i) A covered text provider is not required to provide an 
automatic bounce-back message when:
    (A) Transmission of the text message is not controlled by the 
provider;

[[Page 28]]

    (B) A consumer is attempting to text 911, through a text messaging 
application that requires CMRS service, from a non-service initialized 
handset;
    (C) When the text-to-911 message cannot be delivered to a PSAP due 
to failure in the PSAP network that has not been reported to the 
provider; or
    (D) A consumer is attempting to text 911 through a device that is 
incapable of sending texts via three digit short codes, provided the 
software for the device cannot be upgraded over the air to allow text-
to-911.
    (ii) The provider of a preinstalled or downloadable interconnected 
text application is considered to have ``control'' over transmission of 
text messages for purposes of paragraph (n)(4)(i)(A) of this section. 
However, if a user or a third party modifies or manipulates the 
application after it is installed or downloaded so that it no longer 
supports bounce-back messaging, the application provider will be 
presumed not to have control.
    (5) The automatic bounce-back message shall, at a minimum, inform 
the consumer that text-to-911 service is not available and advise the 
consumer or texting program user to use another means to contact 
emergency services.
    (6) Covered text providers that support text-to-911 must provide a 
mechanism to allow PSAPs that accept text-to-911 to request temporary 
suspension of text-to-911 service for any reason, including, but not 
limited to, network congestion, call taker overload, PSAP failure, or 
security breach, and to request resumption of text-to-911 service after 
such temporary suspension. During any period of suspension of text-to-
911 service, the covered text provider must provide an automatic bounce-
back message to any consumer attempting to text to 911 in the area 
subject to the temporary suspension.
    (7) Notwithstanding any other provisions in this section, when a 
consumer is roaming on a covered text provider's host network pursuant 
to Sec.  20.12, the covered text provider operating the consumer's home 
network shall have the obligation to originate an automatic bounce-back 
message to such consumer when the consumer is located in an area where 
text-to-911 service is unavailable, or the home provider does not 
support text-to-911 service in that area at the time. The host provider 
shall not impede the consumer's 911 text message to the home provider 
and/or any automatic bounce-back message originated by the home provider 
to the consumer roaming on the host network.
    (8) A software application provider that transmits text messages 
directly into the SMS network of the consumer's underlying CMRS provider 
satisfies the obligations of paragraph (n)(3) of this section provided 
it does not prevent or inhibit delivery of the CMRS provider's automatic 
bounce-back message to the consumer.
    (9) 911 text message. A 911 text message is a message, consisting of 
text characters, sent to the short code ``911'' and intended to be 
delivered to a PSAP by a covered text provider, regardless of the text 
messaging platform used.
    (10) Delivery of 911 text messages. (i) No later than December 31, 
2014, all covered text providers must have the capability to route a 911 
text message to a PSAP. In complying with this requirement, covered text 
providers must obtain location information sufficient to route text 
messages to the same PSAP to which a 911 voice call would be routed, 
unless the responsible local or state entity designates a different PSAP 
to receive 911 text messages and informs the covered text provider of 
that change. All covered text providers using device-based location 
information that requires consumer activation must clearly inform 
consumers that they must grant permission for the text messaging 
application to access the wireless device's location information in 
order to enable text-to-911. If a consumer does not permit this access, 
the covered text provider's text application must provide an automated 
bounce-back message as set forth in paragraph (n)(3) of this section.
    (ii) Covered text providers must begin routing all 911 text messages 
to a PSAP by June 30, 2015, or within six months of the PSAP's valid 
request for text-to-911 service, whichever is later, unless an alternate 
timeframe is agreed to by both the PSAP and the covered text provider. 
The covered text provider must notify the Commission of the dates and 
terms of the alternate

[[Page 29]]

timeframe within 30 days of the parties' agreement.
    (iii) Valid Request means that:
    (A) The requesting PSAP is, and certifies that it is, technically 
ready to receive 911 text messages in the format requested;
    (B) The appropriate local or state 911 service governing authority 
has specifically authorized the PSAP to accept and, by extension, the 
covered text provider to provide, text-to-911 service; and
    (C) The requesting PSAP has provided notification to the covered 
text provider that it meets the foregoing requirements. Registration by 
the PSAP in a database made available by the Commission in accordance 
with requirements established in connection therewith, or any other 
written notification reasonably acceptable to the covered text provider, 
shall constitute sufficient notification for purposes of this paragraph.
    (iv) The requirements set forth in paragraphs (n)(10)(i) through 
(iii) of this section do not apply to in-flight text messaging 
providers, MSS providers, or IP Relay service providers, or to 911 text 
messages that originate from Wi-Fi only locations or that are 
transmitted from devices that cannot access the CMRS network.
    (11) Access to SMS networks for 911 text messages. To the extent 
that CMRS providers offer Short Message Service (SMS), they shall allow 
access by any other covered text provider to the capabilities necessary 
for transmission of 911 text messages originating on such other covered 
text providers' application services. Covered text providers using the 
CMRS network to deliver 911 text messages must clearly inform consumers 
that, absent an SMS plan with the consumer's underlying CMRS provider, 
the covered text provider may be unable to deliver 911 text messages. 
CMRS providers may migrate to other technologies and need not retain SMS 
networks solely for other covered text providers' 911 use, but must 
notify the affected covered text providers not less than 90 days before 
the migration is to occur.
    (r) Contraband Interdiction System (CIS) requirement. CIS providers 
regulated as private mobile radio service (see Sec.  20.3) must transmit 
all wireless 911 calls without respect to their call validation process 
to a Public Safety Answering Point, or, where no Public Safety Answering 
Point has been designated, to a designated statewide default answering 
point or appropriate local emergency authority pursuant to Sec.  64.3001 
of this chapter, provided that ``all wireless 911 calls'' is defined as 
``any call initiated by a wireless user dialing 911 on a phone using a 
compliant radio frequency protocol of the serving carrier.'' This 
requirement shall not apply if the Public Safety Answering Point or 
emergency authority informs the CIS provider that it does not wish to 
receive 911 calls from the CIS provider.

[63 FR 2637, Jan. 16, 1998]

    Editorial Note: For Federal Register citations affecting Sec.  
20.18, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Notes: 1. At 68 FR 2918, Jan. 22, 2003, in Sec.  
20.18, paragraph (j) was revised. Paragraphs (j)(4) and (5) contain 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.
    2. At 82 FR 22760, May 18, 2017, in Sec.  20.18, paragraph (a) was 
revised and paragraph (r) was added. These paragraphs contain 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec.  20.19  Hearing aid-compatible mobile handsets.

    (a) Scope of section; definitions--(1) Service providers. (i) On or 
after January 1, 2018 for Tier I carriers and April 1, 2018 for service 
providers other than Tier I carriers, the hearing aid compatibility 
requirements of this section apply to providers of digital mobile 
service in the United States to the extent that they offer terrestrial 
mobile service that enables two-way real-time voice communications among 
members of the public or a substantial portion of the public, including 
both interconnected and non-interconnected VoIP services, and such 
service is provided over frequencies in the 698 MHz to 6 GHz bands.

[[Page 30]]

    (ii) Prior to January 1, 2018 for Tier I carriers and April 1, 2018 
for service providers other than Tier I carriers, the hearing aid 
compatibility requirements of this section apply to providers of digital 
CMRS in the United States to the extent that they offer real-time, two-
way switched voice or data service that is interconnected with the 
public switched network and utilizes an in-network switching facility 
that enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls, and such service is provided over 
frequencies in the 698 MHz to 6 GHz bands.
    (2) Manufacturers. On or after January 1, 2018, the requirements of 
this section also apply to the manufacturers of the wireless handsets 
that are used in delivery of the services specified in paragraph 
(a)(1)(i) of this section. Prior to January 1, 2018, the requirements of 
this section also apply to the manufacturers of the wireless handsets 
that are used in delivery of the services specified in paragraph 
(a)(1)(ii) of this section.
    (3) Definitions. For purposes of this section:
    (i) Handset refers to a device used in delivery of the services 
specified in paragraph (a)(1) of this section that contains a built-in 
speaker and is typically held to the ear in any of its ordinary uses.
    (ii) Manufacturer refers to a wireless handset manufacturer to which 
the requirements of this section apply.
    (iii) Model refers to a wireless handset device that a manufacturer 
has designated as a distinct device model, consistent with its own 
marketing practices. However, if a manufacturer assigns different model 
device designations solely to distinguish units sold to different 
carriers, or to signify other distinctions that do not relate to either 
form, features, or capabilities, such designations shall not count as 
distinct models for purposes of this section.
    (iv) Service provider refers to a provider of digital mobile service 
to which the requirements of this section apply.
    (v) Tier I carrier refers to a CMRS provider that offers such 
service nationwide.
    (b) Hearing aid compatibility; technical standards--(1) For radio 
frequency interference. A wireless handset submitted for equipment 
certification or for a permissive change relating to hearing aid 
compatibility must meet, at a minimum, the M3 rating associated with the 
technical standard set forth in either the standard document ``American 
National Standard Methods of Measurement of Compatibility Between 
Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-2007 or 
ANSI C63.19-2011. Any grants of certification issued before January 1, 
2010, under previous versions of ANSI C63.19 remain valid for hearing 
aid compatibility purposes.
    (2) For inductive coupling. A wireless handset submitted for 
equipment certification or for a permissive change relating to hearing 
aid compatibility must meet, at a minimum, the T3 rating associated with 
the technical standard set forth in either the standard document 
``American National Standard Methods of Measurement of Compatibility 
Between Wireless Communication Devices and Hearing Aids,'' ANSI C63.19-
2007 or ANSI C63.19-2011. Any grants of certification issued before 
January 1, 2010, under previous versions of ANSI C63.19 remain valid for 
hearing aid compatibility purposes.
    (3) Handsets operating over multiple frequency bands or air 
interfaces. (i) Except as provided in paragraph (b)(3)(ii) of this 
section, a wireless handset used for digital mobile service only over 
the 698 MHz to 6 GHz frequency bands is hearing aid-compatible with 
regard to radio frequency interference or inductive coupling if it meets 
the applicable technical standard set forth in paragraph (b)(1) or 
(b)(2) of this section for all frequency bands and air interfaces over 
which it operates, and the handset has been certified as compliant with 
the test requirements for the applicable standard pursuant to Sec.  
2.1033(d) of this chapter. A wireless handset that incorporates 
operations outside the 698 MHz to 6 GHz frequency bands is hearing aid-
compatible if the handset otherwise satisfies the requirements of this 
paragraph (b).
    (ii) A handset that is introduced by the manufacturer prior to July 
17, 2013,

[[Page 31]]

and that does not meet the requirements for hearing aid compatibility 
under paragraph (b)(3)(i) of this section, is hearing aid-compatible for 
radio frequency interference or inductive coupling only with respect to 
those frequency bands and air interfaces for which technical standards 
are stated in ANSI C63.19-2007 if it meets, at a minimum, an M3 rating 
(for radio frequency interference) or a T3 rating (for inductive 
coupling) under ANSI C63.19-2007 for all such frequency bands and air 
interfaces over which it operates, and the handset has been certified as 
compliant with the test requirements for the applicable standard 
pursuant to Sec.  2.1033(d) of this chapter.
    (4) All factual questions of whether a wireless handset meets the 
technical standard(s) of this paragraph shall be referred for resolution 
to the Chief, Office of Engineering and Technology, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
    (c) Phase-in of requirements relating to radio frequency 
interference. The following applies to each manufacturer and service 
provider that offers wireless handsets used in the delivery of the 
services specified in paragraph (a) of this section and that does not 
fall within the de minimis exception set forth in paragraph (e) of this 
section. However, prior to July 17, 2014 for manufacturers and Tier I 
carriers and October 17, 2014 for service providers other than Tier I 
carriers, the requirements of this section do not apply to handset 
operations over frequency bands and air interfaces for which technical 
standards are not stated in ANSI C63.19-2007.
    (1) Manufacturers--(i) Number of hearing aid-compatible handset 
models offered. For each digital air interface for which it offers 
wireless handsets in the United States or imported for use in the United 
States, each manufacturer of wireless handsets must offer handset models 
that comply with paragraph (b)(1) of this section. Prior to September 8, 
2011, handset models for purposes of this paragraph include only models 
offered to service providers in the United States.
    (A) If it offers four to six models, at least two of those handset 
models must comply with the requirements set forth in paragraph (b)(1) 
of this section.
    (B) If it offers more than six models, at least one-third of those 
handset models (rounded down to the nearest whole number) must comply 
with the requirements set forth in paragraph (b)(1) of this section.
    (C) Beginning October 3, 2018, at least sixty-six (66) percent of 
those handset models (rounded down to the nearest whole number) must 
comply with the requirements set forth in paragraphs (b)(1) and (2) of 
this section.
    (D) Beginning October 4, 2021, at least eighty-five (85) percent of 
those handset models (rounded down to the nearest whole number) must 
comply with the requirements set forth in paragraphs (b)(1) and (2) of 
this section.
    (ii) Refresh requirement. Beginning in calendar year 2009, and for 
each year thereafter that it elects to produce a new model, each 
manufacturer that offers any new model for a particular air interface 
during the calendar year must ``refresh'' its offerings of hearing aid-
compatible handset models by offering a mix of new and existing models 
that comply with paragraph (b)(1) of this section according to the 
following requirements:
    (A) For manufacturers that offer three models per air interface, at 
least one new model rated M3 or higher shall be introduced every other 
calendar year.
    (B) For manufacturers that offer four or more models operating over 
a particular air interface, the number of models rated M3 or higher that 
must be new models introduced during that calendar year is equal to one-
half of the minimum number of models rated M3 or higher required for 
that air interface (rounded up to the nearest whole number).
    (C) Beginning September 10, 2012, for manufacturers that together 
with their parent, subsidiary, or affiliate companies under common 
ownership or control, have had more than 750 employees for at least two 
years and that offer two models over an air interface for which they 
have been offering handsets for at least two years, at least one new 
model rated M3 or higher shall be introduced every other calendar year.

[[Page 32]]

    (2) Tier I carriers. For each digital air interface for which it 
offers wireless handsets to customers, each Tier I carrier must either:
    (i) Ensure that at least fifty (50) percent of the handset models it 
offers comply with paragraph (b)(1) of this section, calculated based on 
the total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (ii) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(1) of this 
section:
    (A) Prior to February 15, 2009, at least eight (8) handset models;
    (B) Beginning February 15, 2009, at least nine (9) handset models; 
and
    (C) Beginning February 15, 2010, at least ten (10) handset models.
    (iii) Beginning April 3, 2019, each Tier I carrier must ensure that 
at least sixty-six (66) percent of the handset models it offers comply 
with paragraphs (b)(1) and (2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide. Beginning April 4, 2022, each Tier I carrier must 
ensure that at least eighty-five (85) percent of the handset models it 
offers comply with paragraphs (b)(1) and (2) of this section, calculated 
based on the total number of unique digital wireless handset models the 
carrier offers nationwide.
    (3) Service providers other than Tier I carriers. For each digital 
air interface for which it offers wireless handsets to customers, each 
service provider other than a Tier I carrier must:
    (i) Prior to September 7, 2008, include in the handset models it 
offers at least two handset models that comply with paragraph (b)(1) of 
this section;
    (ii) Beginning September 7, 2008, either:
    (A) Ensure that at least fifty (50) percent of the handset models it 
offers comply with paragraph (b)(1) of this section, calculated based on 
the total number of unique digital wireless handset models the service 
provider offers nationwide; or
    (B) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(1) of this 
section:
    (1) Until May 15, 2009, at least eight (8) handset models;
    (2) Beginning May 15, 2009, at least nine (9) handset models; and
    (3) Beginning May 15, 2010, at least ten (10) handset models.
    (iii) Beginning April 3, 2020, ensure that at least sixty-six (66) 
percent of the handset models it offers comply with paragraphs (b)(1) 
and (2) of this section, calculated based on the total number of unique 
digital wireless handset models the carrier offers.
    (iv) Beginning April 3, 2023, ensure that at least eighty-five (85) 
percent of the handset models it offers comply with paragraphs (b)(1) 
and (2) of this section, calculated based on the total number of unique 
digital wireless handset models the carrier offers.
    (4) All service providers. The following requirements apply to Tier 
I carriers and all other service providers.
    (i) In-store testing. Each service provider must make available for 
consumers to test, in each retail store owned or operated by the 
provider, all of its handset models that comply with paragraph (b)(1) of 
this section.
    (ii) Offering models with differing levels of functionality. Each 
service provider must offer its customers a range of hearing aid-
compatible models with differing levels of functionality (e.g., 
operating capabilities, features offered, prices). Each provider may 
determine the criteria for determining these differing levels of 
functionality, and must disclose its methodology to the Commission 
pursuant to paragraph (i)(3)(vii) of this section.
    (d) Phase-in of requirements relating to inductive coupling 
capability. The following applies to each manufacturer and service 
provider that offers wireless handsets used in the delivery of the 
services specified in paragraph (a) of this section and that does not 
fall within the de minimis exception set forth in paragraph (e) of this 
section. However, prior to July 17, 2014 for manufacturers and Tier I 
carriers and October 17, 2014 for service providers other than Tier I 
carriers, the requirements of this section do not apply to handset 
operations over frequency bands and air interfaces for which technical 
standards are not stated in ANSI C63.19-2007.

[[Page 33]]

    (1) Manufacturers. Each manufacturer offering to service providers 
four or more handset models, and beginning September 8, 2011, each 
manufacturer offering four or more handset models, in a digital air 
interface for use in the United States or imported for use in the United 
States must ensure that it offers to service providers, and beginning 
September 8, 2011, must ensurel that it offers, at a minimum, the 
following number of handset models that comply with the requirements set 
forth in paragraph (b)(2) of this section, whichever number is greater 
in any given year.
    (i) At least two (2) handset models in that air interface; or
    (ii) At least the following percentage of handset models (rounded 
down to the nearest whole number):
    (A) Beginning February 15, 2009, at least twenty (20) percent of its 
handset models in that air interface, provided that, of any such models 
introduced during calendar year 2009, one model may be rated using ANSI 
C63.19-2006 (June 12, 2006), and all other models introduced during that 
year or subsequent years shall be rated using ANSI C63.19-2007 (June 8, 
2007) or subsequently adopted version as may be approved pursuant to 
paragraph (k);
    (B) Beginning February 15, 2010, at least twenty-five (25) percent 
of its handset models in that air interface; and
    (C) Beginning February 15, 2011, at least one-third of its handset 
models in that air interface.
    (D) Beginning October 3, 2018, at least sixty-six (66) percent of 
the handset models in that air interface, which must comply with 
paragraphs (b)(1) and (2) of this section.
    (E) Beginning October 4, 2021, at least eighty-five (85) percent of 
the handset models in that air interface, which must comply with 
paragraphs (b)(1) and (2) of this section.
    (2) Tier I carriers. For each digital air interface for which it 
offers wireless handsets to service providers, each Tier I carrier must:
    (i) Ensure that at least one-third of the handset models it offers 
comply with paragraph (b)(2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (ii) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(2) of this 
section:
    (A) Prior to February 15, 2009, at least three (3) handset models;
    (B) Beginning February 15, 2009, at least five (5) handset models;
    (C) Beginning February 15, 2010, at least seven (7) handset models; 
and
    (D) Beginning February 15, 2011, at least ten (10) handset models.
    (iii) Beginning April 3, 2019, each Tier I carrier must ensure that 
at least sixty-six (66) percent of the handset models it offers comply 
with paragraphs (b)(1) and (2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide. Beginning April 4, 2022, each Tier I carrier must 
ensure that at least eighty-five (85) percent of the handset models it 
offers comply with paragraphs (b)(1) and (2) of this section, calculated 
based on the total number of unique digital wireless handset models the 
carrier offers nationwide.
    (3) Service providers other than Tier I carriers. For each digital 
air interface for which it offers wireless handsets to customers, each 
service provider other than a Tier I carrier must:
    (i) Prior to September 7, 2008, include in the handset models it 
offers at least two handset models that comply with paragraph (b)(2) of 
this section;
    (ii) Beginning September 7, 2008, either:
    (A) Ensure that at least one-third of the handset models it offers 
comply with paragraph (b)(2) of this section, calculated based on the 
total number of unique digital wireless handset models the carrier 
offers nationwide; or
    (B) Ensure that it offers, at a minimum, the following specified 
number of handset models that comply with paragraph (b)(2) of this 
section:
    (1) Until May 15, 2009, at least three (3) handset models;
    (2) Beginning May 15, 2009, at least five (5) handset models;
    (3) Beginning May 15, 2010, at least seven (7) handset models; and
    (4) Beginning May 15, 2011, at least ten (10) handset models.

[[Page 34]]

    (iii) Beginning April 3, 2020, ensure that at least sixty-six (66) 
percent of the handset models it offers comply with paragraphs (b)(1) 
and (2) of this section, calculated based on the total number of unique 
digital wireless handset models the carrier offers;
    (iv) Beginning April 3, 2023, ensure that at least eighty-five (85) 
percent of the handset models it offers comply with paragraphs (b)(1) 
and (2) of this section, calculated based on the total number of unique 
digital wireless handset models the carrier offers.
    (4) All service providers. The following requirements apply to Tier 
I carriers and all other service providers.
    (i) In-store testing. Each service provider must make available for 
consumers to test, in each retail store owned or operated by the 
provider, all of its handset models that comply with paragraph (b)(2) of 
this section.
    (ii) Offering models with differing levels of functionality. Each 
service provider must offer its customers a range of hearing aid-
compatible models with differing levels of functionality (e.g., 
operating capabilities, features offered, prices). Each provider may 
determine the criteria for determining these differing levels of 
functionality, and must disclose its methodology to the Commission 
pursuant to paragraph (i)(3)(vii) of this section.
    (e) De minimis exception. (1)(i) Manufacturers or service providers 
that offer two or fewer digital wireless handsets in an air interface in 
the United States are exempt from the requirements of this section in 
connection with that air interface, except with regard to the reporting 
requirements in paragraph (i) of this section. Service providers that 
obtain handsets only from manufacturers that offer two or fewer digital 
wireless handset models in an air interface in the United States are 
likewise exempt from the requirements of this section other than 
paragraph (i) of this section in connection with that air interface.
    (ii) Notwithstanding paragraph (e)(1)(i) of this section, beginning 
September 10, 2012, manufacturers that have had more than 750 employees 
for at least two years and service providers that have had more than 
1500 employees for at least two years, and that have been offering 
handsets over an air interface for at least two years, that offer one or 
two digital wireless handsets in that air interface in the United States 
must offer at least one handset model compliant with paragraphs (b)(1) 
and (b)(2) of this section in that air interface, except as provided in 
paragraph (e)(1)(iii) of this section. Service providers that obtain 
handsets only from manufacturers that offer one or two digital wireless 
handset models in an air interface in the United States, and that have 
had more than 750 employees for at least two years and have offered 
handsets over that air interface for at least two years, are required to 
offer at least one handset model in that air interface compliant with 
paragraphs (b)(1) and (b)(2) of this section, except as provided in 
paragraph (e)(1)(iii) of this section. For purposes of this paragraph, 
employees of a parent, subsidiary, or affiliate company under common 
ownership or control with a manufacturer or service provider are 
considered employees of the manufacturer or service provider. 
Manufacturers and service providers covered by this paragraph must also 
comply with all other requirements of this section.
    (iii) Manufacturers and service providers that offer one or two 
digital handset models that operate over the GSM air interface in the 
1900 MHz band may satisfy the requirements of paragraph (e)(1)(ii) of 
this section by offering at least one handset model that complies with 
paragraph (b)(2) of this section and that either complies with paragraph 
(b)(1) of this section or meets the following conditions:
    (A) The handset enables the user optionally to reduce the maximum 
power at which the handset will operate by no more than 2.5 decibels, 
except for emergency calls to 911, only for GSM operations in the 1900 
MHz band;
    (B) The handset would comply with paragraph (b)(1) of this section 
if the power as so reduced were the maximum power at which the handset 
could operate; and
    (C) Customers are informed of the power reduction mode as provided 
in paragraph (f)(3) of this section. Manufacturers and service providers 
covered by this paragraph must also comply

[[Page 35]]

with all other requirements of this section.
    (2) Manufacturers or service providers that offer three digital 
wireless handset models in an air interface must offer at least one 
handset model compliant with paragraphs (b)(1) and (b)(2) of this 
section in that air interface. Service providers that obtain handsets 
only from manufacturers that offer three digital wireless handset models 
in an air interface in the United States are required to offer at least 
one handset model in that air interface compliant with paragraphs (b)(1) 
and (b)(2) of this section.
    (3) Beginning October 3, 2018, manufacturers that offer four or five 
digital wireless handset models in an air interface must offer at least 
two handset models compliant with paragraphs (b)(1) and (2) of this 
section in that air interface. Beginning April 3, 2019, Tier I carriers 
who offer four digital wireless handset models in an air interface must 
offer at least two handsets compliant with paragraphs (b)(1) and (2) of 
this section in that air interface and Tier I carriers who offer five 
digital wireless handset models in an air interface must offer at least 
three handsets compliant with paragraphs (b)(1) and (2) of this section 
in that air interface. Beginning April 3, 2020, service providers, other 
than Tier I carriers, who offer four digital wireless handset models in 
an air interface must offer at least two handset models compliant with 
paragraphs (b)(1) and (2) of this section in that air interface and 
service providers, other than Tier I carriers, who offer five digital 
wireless handset models in an air interface must offer at least three 
handsets compliant with paragraphs (b)(1) and (2) of this section in 
that air interface.
    (f) Labeling and disclosure requirements--(1) Labeling requirements. 
Manufacturers and service providers shall ensure that handsets that are 
hearing aid-compatible, as defined in paragraph (b) of this section, 
clearly display the rating, as defined in paragraphs (b)(1) and (b)(2) 
of this section, on the packaging material of the handset. In the event 
that a hearing aid-compatible handset achieves different radio 
interference or inductive coupling ratings over different air interfaces 
or different frequency bands, the RF interference reduction and 
inductive coupling capability ratings displayed shall be the lowest 
rating assigned to that handset for any air interface or frequency band. 
An explanation of the ANSI C63.19 rating system must also be included in 
the device's user's manual or as an insert in the packaging material for 
the handset.
    (2) Disclosure requirements relating to handsets treated as hearing 
aid-compatible over fewer than all their operations.
    (i) Each manufacturer and service provider shall ensure that, 
wherever it provides hearing aid compatibility ratings for a handset 
that is considered hearing aid-compatible under paragraph (b)(3)(ii) of 
this section only with respect to those frequency bands and air 
interfaces for which technical standards are stated in ANSI C63.19-2007 
and that has not been tested for hearing aid compatibility under ANSI 
C63.19-2011, or any handset that operates over frequencies outside of 
the 698 MHz to 6 GHz bands, it discloses to consumers, by clear and 
effective means (e.g., inclusion of call-out cards or other media, 
revisions to packaging materials, supplying of information on Web 
sites), that the handset has not been rated for hearing aid 
compatibility with respect to some of its operation(s). This disclosure 
shall include the following language:

    This phone has been tested and rated for use with hearing aids for 
some of the wireless technologies that it uses. However, there may be 
some newer wireless technologies used in this phone that have not been 
tested yet for use with hearing aids. It is important to try the 
different features of this phone thoroughly and in different locations, 
using your hearing aid or cochlear implant, to determine if you hear any 
interfering noise. Consult your service provider or the manufacturer of 
this phone for information on hearing aid compatibility. If you have 
questions about return or exchange policies, consult your service 
provider or phone retailer.

    (ii) However, service providers are not required to include this 
language in the packaging material for handsets that incorporate a Wi-Fi 
air interface and that were obtained by the service provider before 
March 8, 2011, provided that the service provider otherwise discloses by 
clear and effective means

[[Page 36]]

that the handset has not been rated for hearing aid compatibility with 
respect to Wi-Fi operation.
    (iii) Each manufacturer and service provider shall ensure that, 
wherever it provides hearing aid compatibility ratings for a handset 
that is considered hearing aid-compatible under paragraph (b)(3)(ii) of 
this section only with respect to those frequency bands and air 
interfaces for which technical standards are stated in ANSI C63.19-2007, 
and that the manufacturer has tested and found not to meet hearing aid 
compatibility requirements under ANSI C63.19-2011 for operations over 
one or more air interfaces or frequency bands for which technical 
standards are not stated in ANSI C63.19-2007, it discloses to consumers, 
by clear and effective means (e.g., inclusion of call-out cards or other 
media, revisions to packaging materials, supplying of information on Web 
sites), that the handset does not meet the relevant rating or ratings 
with respect to such operation(s).
    (3) Disclosure requirement relating to handsets that allow the user 
to reduce the maximum power for GSM operation in the 1900 MHz band. 
Handsets offered to satisfy paragraph (e)(1)(iii) of this section shall 
be labeled as meeting an M3 rating. Each manufacturer and service 
provider shall ensure that, wherever this rating is displayed, it 
discloses to consumers, by clear and effective means (e.g., inclusion of 
call-out cards or other media, revisions to packaging materials, 
supplying of information on Web sites), that user activation of a 
special mode is necessary to meet the hearing aid compatibility 
standard. In addition, each manufacturer or service provider shall 
ensure that the device manual or a product insert explains how to 
activate the special mode and that doing so may result in a reduction of 
coverage.
    (g) Model designation requirements. Where a manufacturer has made 
physical changes to a handset that result in a change in the hearing aid 
compatibility rating under paragraph (b)(1) or (b)(2) of this section, 
the altered handset must be given a model designation distinct from that 
of the handset prior to its alteration.
    (h) Web site requirements. Beginning January 15, 2009, each 
manufacturer and service provider subject to this section that operates 
a publicly-accessible Web site must make available on its Web site a 
list of all hearing aid-compatible models currently offered, the ratings 
of those models, and an explanation of the rating system. Each service 
provider must also specify on its Web site, based on the levels of 
functionality that the service provider has defined, the level that each 
hearing aid-compatible model falls under as well as an explanation of 
how the functionality of the handsets varies at the different levels.
    (i) Reporting requirements--(1) Reporting dates. Manufacturers shall 
submit reports on efforts toward compliance with the requirements of 
this section on January 15, 2009 and on July 15, 2009, and on an annual 
basis on July 15 thereafter. Service providers shall submit reports on 
efforts toward compliance with the requirements of this section on 
January 15, 2009, and annually thereafter. Information in the reports 
must be up-to-date as of the last day of the calendar month preceding 
the due date of the report.
    (2) Content of manufacturer reports. Reports filed by manufacturers 
must include:
    (i) Digital wireless handset models tested, since the most recent 
report, for compliance with the applicable hearing aid compatibility 
technical ratings;
    (ii) Compliant handset models offered to service providers since the 
most recent report, identifying each model by marketing model name/
number(s) and FCC ID number;
    (iii) For each compliant model, the air interface(s) and frequency 
band(s) over which it operates, the hearing aid compatibility ratings 
for each frequency band and air interface under ANSI Standard C63.19, 
the ANSI Standard C63.19 version used, and the months in which the model 
was available to service providers since the most recent report;
    (iv) Non-compliant models offered to service providers since the 
most recent report, identifying each model by marketing model name/
number(s) and FCC ID number;

[[Page 37]]

    (v) For each non-compliant model, the air interface(s) over which it 
operates and the months in which the model was available to service 
providers since the most recent report;
    (vi) Total numbers of compliant and non-compliant models offered to 
service providers for each air interface as of the time of the report;
    (vii) Any instance, as of the date of the report or since the most 
recent report, in which multiple compliant or non-compliant devices were 
marketed under separate model name/numbers but constitute a single model 
for purposes of the hearing aid compatibility rules, identifying each 
device by marketing model name/number and FCC ID number;
    (viii) Status of product labeling;
    (ix) Outreach efforts; and
    (x) If the manufacturer maintains a public Web site, the Web site 
address of the page(s) containing the information regarding hearing aid-
compatible handset models required by paragraph (h) of this section.

    Note to paragraph (i)(2): For reports due on January 15, 2009, 
information provided with respect to paragraphs (i)(2)(ii) 
through(i)(2)(v) and (i)(2)(vii) and (i)(2)(viii) need be provided only 
for the six-month period from July 1 to December 31, 2008.

    (3) Content of service provider reports. Reports filed by service 
providers must include:
    (i) Compliant handset models offered to customers since the most 
recent report, identifying each model by marketing model name/number(s) 
and FCC ID number;
    (ii) For each compliant model, the air interface(s) and frequency 
band(s) over which it operates, the hearing aid compatibility ratings 
for each frequency band and air interface under ANSI Standard C63.19, 
and the months in which the model was available since the most recent 
report;
    (iii) Non-compliant models offered since the most recent report, 
identifying each model by marketing model name/number(s) and FCC ID 
number;
    (iv) For each non-compliant model, the air interface(s) over which 
it operates and the months in which the model was available since the 
most recent report;
    (v) Total numbers of compliant and non-compliant models offered to 
customers for each air interface over which the service provider offers 
service as of the time of the report;
    (vi) Information related to the retail availability of compliant 
handset models;
    (vii) The levels of functionality into which the compliant handsets 
fall and an explanation of the service provider's methodology for 
determining levels of functionality;
    (viii) Status of product labeling;
    (ix) Outreach efforts; and
    (x) If the service provider maintains a public Web site, the Web 
site address of the page(s) containing the information regarding hearing 
aid-compatible handset models required by paragraph (h) of this section.

    Note to paragraph (i)(3): For reports due on January 15, 2009, 
information provided with respect to paragraphs (i)(3)(i) through 
(i)(3)(iv) and (i)(3)(vi) through (i)(3)(viii) need be provided only for 
the six-month period from July 1 to December 31, 2008.

    (4) Format. The Wireless Telecommunications Bureau is delegated 
authority to approve or prescribe formats and methods for submission of 
these reports. Any format that the Bureau may approve or prescribe shall 
be made available on the Bureau's Web site.
    (j) Enforcement. Enforcement of this section is hereby delegated to 
those states that adopt this section and provide for enforcement. The 
procedures followed by a state to enforce this section shall provide a 
30-day period after a complaint is filed, during which time state 
personnel shall attempt to resolve a dispute on an informal basis. If a 
state has not adopted or incorporated this section, or failed to act 
within six (6) months from the filing of a complaint with the state 
public utility commission, the Commission will accept such complaints. A 
written notification to the complainant that the state believes action 
is unwarranted is not a failure to act. The procedures set forth in part 
68, subpart E of this chapter are to be followed.
    (k) Delegation of rulemaking authority. (1) The Chief of the 
Wireless Telecommunications Bureau and the Chief

[[Page 38]]

of the Office of Engineering and Technology are delegated authority, by 
notice-and-comment rulemaking, to issue an order amending this section 
to the extent necessary to adopt technical standards for additional 
frequency bands and/or air interfaces upon the establishment of such 
standards by ANSI Accredited Standards Committee C63 \TM\, provided that 
the standards do not impose with respect to such frequency bands or air 
interfaces materially greater obligations than those imposed on other 
services subject to this section. Any new obligations on manufacturers 
and Tier I carriers pursuant to paragraphs (c) through (i) of this 
section as a result of such standards shall become effective no less 
than one year after release of the order adopting such standards and any 
new obligations on other service providers shall become effective no 
less than 15 months after the release of such order, except that any new 
obligations on manufacturers and service providers subject to paragraph 
(e)(1)(ii) of this section shall become effective no less than two years 
after the release of such order.
    (2) The Chief of the Wireless Telecommunications Bureau and the 
Chief of the Office of Engineering and Technology are delegated 
authority, by notice-and-comment rulemaking if required by statute or 
otherwise in the public interest, to issue an order amending this 
section to the extent necessary to approve any version of the technical 
standards for radio frequency interference or inductive coupling adopted 
subsequently to ANSI C63.19-2007 for use in determining whether a 
wireless handset meets the appropriate rating over frequency bands and 
air interfaces for which technical standards have previously been 
adopted either by the Commission or pursuant to paragraph (k)(1) of this 
section. This delegation is limited to the approval of changes to the 
technical standard that do not raise major compliance issues. Further, 
by such approvals, the Chiefs may only permit, and not require, the use 
of such subsequent versions of standard document ANSI C63.19 to 
establish hearing aid compatibility.
    (l) The standards required in this section are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than those specified in this section, the FCC must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the Federal Communications Commission (FCC), 445 12th St. 
SW., Reference Information Center, Room CY-A257, Washington, DC 20554 
and is available from the sources indicated below. It is also available 
for inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030 or go to http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (1) IEEE Operations Center, 445 Hoes Lane, Piscataway, NJ 08854-
4141, (732) 981-0060, http://www.ieee.org/portal/site.

(i) ANSI C63.19-2007, American National Standard Methods of Measurement 
    of Compatibility between Wireless Communication Devices and Hearing 
    Aids, June 8, 2007
(ii) ANSI C63.19-2011, American National Standard Methods of Measurement 
    of Compatibility between Wireless Communication Devices and Hearing 
    Aids, May 27, 2011
    (2) [Reserved]

[73 FR 25587, May 7, 2008, as amended at 75 FR 54522, Sept. 8, 2010; 77 
FR 41928, July 17, 2012; 81 FR 183, Jan. 5, 2016; 81 FR 60633, Sept. 2, 
2016]



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

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

[[Page 39]]

the provision of local exchange service in the same in-region market. 
Nothing in this section prohibits the affiliate from sharing personnel 
or other resources or assets with its affiliated incumbent LEC; and
    (3) The affiliate shall acquire any services from its affiliated 
incumbent LEC for which the affiliated incumbent LEC is required to file 
a tariff at tariffed rates, terms, and conditions. Other transactions 
between the affiliate and the incumbent LEC for services that are not 
acquired pursuant to tariff must be reduced to writing and must be made 
on a compensatory, arm's length basis. All transactions between the 
incumbent LEC and the affiliate are subject to part 32 of this chapter, 
including the affiliate transaction rules. Nothing in this section shall 
prohibit the affiliate from acquiring any unbundled network elements or 
exchange services for the provision of a telecommunications service from 
its affiliated incumbent LEC, subject to the same terms and conditions 
as provided in an agreement approved under section 252 of the 
Communications Act of 1934, as amended.
    (b) Independence. The affiliate required in paragraph (a) of this 
section shall be a separate legal entity from its affiliated incumbent 
LEC. The affiliate may be staffed by personnel of its affiliated 
incumbent LEC, housed in existing offices of its affiliated incumbent 
LEC, and use its affiliated incumbent LEC's marketing and other 
services, subject to paragraphs (a)(3) and (c) of this section.
    (c) Joint marketing. Joint marketing of local exchange and exchange 
access service and CMRS services by an incumbent LEC shall be subject to 
part 32 of this chapter. In addition, such agreements between the 
affiliate and the incumbent LEC must be reduced to writing and made 
available for public inspection upon request at the principle place of 
business of the affiliate and the incumbent LEC. The documentation must 
include a certification statement identical to the certification 
statement currently required to be included with all Automated Reporting 
and Management Information Systems (ARMIS) reports. The affiliate must 
also provide a detailed written description of the terms and conditions 
of the transaction on the Internet within 10 days of the transaction 
through the affiliate's home page.
    (d) Exceptions--(1) Rural telephone companies. Rural telephone 
companies are exempted from the requirements set forth in paragraphs 
(a), (b) and (c) of this section. A competing telecommunications 
carrier, interconnected with the rural telephone company, however, may 
petition the FCC to remove the exemption, or the FCC may do so on its 
own motion, where the rural telephone company has engaged in 
anticompetitive conduct.
    (2) Incumbent LECs with fewer than 2 percent of subscriber lines. 
Incumbent LECs with fewer than 2 percent of the nation's subscriber 
lines installed in the aggregate nationwide may petition the FCC for 
suspension or modification of the requirements set forth in paragraphs 
(a), (b) and (c) of this section. The FCC will grant such a petition 
where the incumbent LEC demonstrates that suspension or modification of 
the separate affiliate requirement is
    (i) Necessary to avoid a significant adverse economic impact on 
users of telecommunications services generally or to avoid a requirement 
that would be unduly economically burdensome, and
    (ii) Consistent with the public interest, convenience, and 
necessity.
    (e) Definitions. Terms used in this section have the following 
meanings:
    Affiliate. ``Affiliate'' means a person that (directly or 
indirectly) owns or controls, is owned or controlled by, or is under 
common ownership with, another person. For purposes of this section, the 
term ``own'' means to own an equity interest (or the equivalent thereof) 
of more than 10 percent.
    Broadband Commercial Mobile Radio Service (Broadband CMRS). For the 
purposes of this section, ``broadband CMRS'' means Cellular 
Radiotelephone Service (part 22, subpart H of this chapter), Specialized 
Mobile Radio (part 90, subpart S of this chapter), and broadband 
Personal Communications Services (part 24, subpart E of this chapter).
    Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC'' 
has

[[Page 40]]

the same meaning as that term is defined in Sec.  51.5 of this chapter.
    In-region. For the purposes of this section, an incumbent LEC's 
broadband CMRS service is considered ``in-region'' when 10 percent or 
more of the population covered by the CMRS affiliate's authorized 
service area, as determined by the 1990 census figures, is within the 
affiliated incumbent LEC's wireline service area.
    Rural Telephone Company. ``Rural Telephone Company'' has the same 
meaning as that term is defined in Sec.  51.5 of this chapter.
    (f) Sunset. This section will no longer be effective after January 
1, 2002.

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



Sec.  20.21  Signal boosters.

    (a) Operation of Consumer Signal Boosters. A subscriber in good 
standing of a commercial mobile radio service system may operate a 
Consumer Signal Booster for personal use under the authorization held by 
the licensee providing service to the subscriber provided that the 
subscriber complies with paragraphs (a)(1) through (6). Failure to 
comply with all applicable rules in this section and all applicable 
technical rules for the frequency band(s) of operation voids the 
authority to operate the Consumer Signal Booster.
    (1) Prior to operation, the subscriber obtains the consent of the 
licensee providing service to the subscriber;
    (2) Prior to operation, the subscriber registers the Consumer Signal 
Booster with the licensee providing service to the subscriber;
    (3) The subscriber only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (4) The subscriber operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services under 
parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E 
Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of 
this chapter. Operation on part 90 (Specialized Mobile Radio) 
frequencies is permitted upon the Commission's release of a public 
notice announcing the date Consumer Signal Boosters may be used in the 
band;
    (5) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (6) The subscriber may not deactivate any features of the Consumer 
Signal Booster which are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
    (b) De minimis operation of Consumer Signal Boosters. A third 
party's incidental use of a subscriber's Consumer Signal Booster 
operated under this paragraph is de minimis and shall be authorized 
under the authorization held by the licensee providing service to the 
third party.
    (c) Operation of Industrial Signal Boosters. An individual or non-
individual, other than a representative of a foreign government, may 
operate an Industrial Signal Booster provided that the individual or 
non-individual:
    (1) Has an FCC license or obtains the express consent of the 
licensee(s) whose frequencies are being retransmitted by the device on a 
regular basis, and
    (2) Uses an Industrial Signal Booster which complies with paragraph 
(f) of this section.
    (d) Operation on a secondary, non-interference basis. Operation of 
signal boosters under this section is on a secondary, non-interference 
basis to primary services licensed for the frequency bands on which they 
transmit, and to primary services licensed for the adjacent frequency 
bands that might be affected by their transmissions.
    (1) The operation of signal boosters must not cause harmful 
interference to the communications of any primary licensed service.
    (2) Upon request of an FCC representative or a licensee experiencing 
harmful interference, a signal booster operator must:
    (i) Cooperate in determining the source of the interference, and
    (ii) If necessary, deactivate the signal booster immediately, or as 
soon as practicable, if immediate deactivation is not possible.
    (e) Consumer Signal Booster Network Protection Standard. (1) All 
Consumer

[[Page 41]]

Signal Boosters must incorporate features to prevent harmful 
interference to wireless networks including but not limited to those 
enumerated in this section.
    (2) Certification requirements. (i) A Consumer Signal Booster can 
only be certificated and operated if it complies with all applicable 
rules in this subpart and all applicable technical rules for the 
frequency band(s) of operation including, but not limited to: Sec.  
22.355 of this chapter, Public Mobile Services, frequency tolerance; 
Sec.  22.913 of this chapter, Cellular Radiotelephone Service effective 
radiated power limits; Sec.  22.917 of this chapter, Cellular 
Radiotelephone Service, emission limitations for cellular equipment; 
Sec.  24.232 of this chapter, Broadband Personal Communications Service, 
power and antenna height limits; Sec.  24.238 of this chapter, Broadband 
Personal Communications Service, emission limitations for Broadband PCS 
equipment; Sec.  27.50 of this chapter, Miscellaneous Wireless 
Communications Services, power and antenna height limits; Sec.  27.53 of 
this chapter, Miscellaneous Wireless Communications Services, emission 
limits; Sec.  90.205 of this chapter, Private Land Mobile Radio 
Services, power and antenna height limits; Sec.  90.210 of this chapter, 
Private Land Mobile Radio Services, emission masks; and Sec.  90.247 of 
this chapter, Private Land Mobile Radio Services, mobile repeater 
stations.
    (ii) In case of any conflict between the rules set forth in this 
section and the rules set forth in parts 22, 24, 27, and 90 of title 47, 
chapter I of the Code of Federal Regulations, the rules in this section 
shall govern.
    (iii) The application for certification must satisfy the Commission 
that the Consumer Signal Boosters' features designed to prevent harmful 
interference and protect wireless networks cannot be easily defeated and 
must be enabled at all times.
    (3) Frequency Bands. Consumer Signal Boosters must be designed and 
manufactured such that they only operate on the frequencies used for the 
provision of subscriber-based services under parts 22 (Cellular), 24 
(Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper 
C Block), and 90 (Specialized Mobile Radio) of this chapter. The 
Commission will not certificate any Consumer Signal Boosters for 
operation on part 90 of this chapter (Specialized Mobile Radio) 
frequencies until the Commission releases a public notice announcing the 
date Consumer Signal Boosters may be used in the band.
    (4) Self-monitoring. Consumer Signal Boosters must automatically 
self-monitor their operation to ensure compliance with applicable noise 
and gain limits and either self-correct or shut down automatically if 
their operation exceeds those parameters.
    (5) Anti-oscillation. Consumer Signal Boosters must be able to 
detect and mitigate any unintended oscillations in uplink and downlink 
bands (such as may result from insufficient isolation between the 
antennas).
    (6) Power Down. Consumer Signal Boosters must automatically power 
down or cease amplification as they approach any affected base station.
    (7) Interference Avoidance for Wireless Subsystems. Consumer Signal 
Boosters using unlicensed (part 15 of this chapter) or other frequency 
bands for wireless transmissions between donor and server subsystems for 
their internal operations must employ interference avoidance methods to 
prevent interference transmitted into authorized CMRS spectrum bands.
    (8) Wideband Consumer Signal Boosters. A Wideband Consumer Signal 
Booster will meet the Consumer Signal Booster Network Protection 
Standard if it complies with paragraphs (e)(1) through (e)(7) of this 
section and the following:
    (i) Technical Requirements--(A) Noise Limits. (1) The transmitted 
noise power in dBm/MHz of consumer boosters at their uplink port shall 
not exceed -103 dBm/MHz--RSSI. RSSI (received signal strength indication 
expressed in negative dB units relative to 1 mW) is the downlink 
composite received signal power in dBm at the booster donor port for all 
base stations in the band of operation.
    (2) The transmitted maximum noise power in dBm/MHz of consumer 
boosters at their uplink and downlink ports shall not exceed the 
following limits:

[[Page 42]]

    (i) Fixed booster maximum noise power shall not exceed -102.5 dBm/
MHz + 20 Log10 (Frequency), where Frequency is the uplink 
mid-band frequency of the supported spectrum bands in MHz.
    (ii) Mobile booster maximum noise power shall not exceed-59 dBm/MHz.
    (iii) Compliance with Noise limits will use instrumentation 
calibrated in terms of RMS equivalent voltage, and with booster input 
ports terminated or without input signals applied within the band of 
measurement.
    (B) Bidirectional Capability. Consumer Boosters must be able to 
provide equivalent uplink and downlink gain and conducted uplink power 
output that is at least 0.05 watts. One-way consumer boosters (i.e., 
uplink only, downlink only, uplink impaired, downlink impaired) are 
prohibited. Spectrum block filtering may be used provided the uplink 
filter attenuation is not less than the downlink filter attenuation, and 
where RSSI is measured after spectrum block filtering is applied 
referenced to the booster's input port for each band of operation.
    (C) Booster Gain Limits. (1) The uplink gain in dB of a consumer 
booster referenced to its input and output ports shall not exceed -34 
dB--RSSI + MSCL.
    (i) Where RSSI is the downlink composite received signal power in 
dBm at the booster donor port for all base stations in the band of 
operation. RSSI is expressed in negative dB units relative to 1 mW.
    (ii) Where MSCL (Mobile Station Coupling Loss) is the minimum 
coupling loss in dB between the wireless device and input port of the 
consumer booster. MSCL must be calculated or measured for each band of 
operation and provided in compliance test reports.
    (2) The uplink and downlink maximum gain of a Consumer Booster 
referenced to its input and output ports shall not exceed the following 
limits:
    (i) Fixed Booster maximum gain shall not exceed 6.5 dB + 20 
Log10 (Frequency)
    (ii) Where, Frequency is the uplink mid-band frequency of the 
supported spectrum bands in MHz.
    (iii) Mobile Booster maximum gain shall not exceed 50 dB when using 
an inside antenna (e.g., inside a vehicle), 23 dB when using direct 
contact coupling (e.g., cradle-type boosters), or 15 dB when directly 
connected (e.g., boosters with a physical connection to the phone).
    (D) Power Limits. A booster's uplink power must not exceed 1 watt 
composite conducted power and equivalent isotropic radiated power (EIRP) 
for each band of operation. Composite downlink power shall not exceed 
0.05 watt (17 dBm) conducted and EIRP for each band of operation. 
Compliance with power limits will use instrumentation calibrated in 
terms of RMS equivalent voltage.
    (E) Out of Band Emission Limits. Booster out of band emissions 
(OOBE) shall be at least 6 dB below the FCC's mobile emission limits for 
the supported bands of operation. Compliance to OOBE limits will utilize 
high peak-to-average CMRS signal types.
    (F) Intermodulation Limits. The transmitted intermodulation products 
of a consumer booster at its uplink and downlink ports shall not exceed 
the power level of -19 dBm for the supported bands of operation. 
Compliance with intermodulation limits will use boosters operating at 
maximum gain and maximum rated output power, with two continuous wave 
(CW) input signals spaced 600 kHz apart and centered in the pass band of 
the booster, and with a 3 kHz measurement bandwidth.
    (G) Booster Antenna Kitting. All consumer boosters must be sold with 
user manuals specifying all antennas and cables that meet the 
requirements of this section. All consumer boosters must be sold 
together with antennas, cables, and/or coupling devices that meet the 
requirements of this section. The grantee is required to submit a 
technical document with the application for FCC equipment authorization 
that shows compliance of all antennas, cables and/or coupling devices 
with the requirements of this section, including any antenna or 
equipment upgrade options that may be available at initial purchase or 
as a subsequent upgrade.
    (H) Transmit Power Off Mode. When the consumer booster cannot 
otherwise

[[Page 43]]

meet the noise and gain limits defined herein it must operate in 
``Transmit Power Off Mode.'' In this mode of operation, the uplink and 
downlink noise power shall not exceed -70 dBm/MHz and both uplink and 
downlink gain shall not exceed the lesser of 23 dB or MSCL.
    (I) Uplink Inactivity. When a consumer booster is not serving an 
active device connection after 5 minutes the uplink noise power shall 
not exceed -70 dBm/MHz.
    (ii) Interference Safeguards. Consumer boosters must include 
features to prevent harmful interference including, at a minimum, those 
enumerated in this subsection. These features may not be deactivated by 
the operator and must be enabled and operating at all times the signal 
booster is in use.
    (A) Anti-Oscillation. Consumer boosters must be able to detect and 
mitigate (i.e., by automatic gain reduction or shut down), any 
oscillations in uplink and downlink bands. Oscillation detection and 
mitigation must occur automatically within 0.3 seconds in the uplink 
band and within 1 second in the downlink band. In cases where 
oscillation is detected, the booster must continue mitigation for at 
least one minute before restarting. After five such restarts, the 
booster must not resume operation until manually reset.
    (B) Gain Control. Consumer boosters must have automatic limiting 
control to protect against excessive input signals that would cause 
output power and emissions in excess of that authorized by the 
Commission.
    (C) Interference Avoidance for Wireless Subsystems. Consumer 
boosters using unlicensed (part 15) or other frequency bands for 
wireless transmissions between donor and server subsystems for its 
internal operations must employ interference avoidance methods to 
prevent interference transmitted into authorized CMRS spectrum bands and 
must meet applicable limits for radiofrequency exposure.
    (9) Provider-Specific Consumer Signal Boosters. A Provider-Specific 
Consumer Signal Booster will meet the Consumer Signal Booster Network 
Protection Standard if it complies with paragraphs (e)(1) through (e)(7) 
of this section and the following:
    (i) Technical Requirements--(A) Noise Limits. The transmitted noise 
power in dBm/MHz of frequency selective consumer boosters outside the 
licensee's spectrum blocks at their uplink and downlink ports shall not 
exceed the following limits:
    (1) -103 dBm/MHz-RSSI
    (i) Where RSSI is the downlink composite signal power received in 
dBm for frequencies in the band of operation outside the licensee's 
spectrum block as measured after spectrum block filtering is applied and 
is referenced to the booster's donor port for each band of operation. 
RSSI is expressed in negative dB units relative to 1 mW.
    (ii) Boosters with MSCL less than 40 dB, shall reduce the Noise 
output in (A) by 40 dB-MSCL, where MSCL is the minimum coupling loss in 
dB between the wireless device and booster's server port. MSCL must be 
calculated or measured for each band of operation and provided in 
compliance test reports.
    (2)(i) Fixed booster maximum downlink noise power shall not exceed -
102.5 dBm/MHz + 20 Log10 (Frequency), where Frequency is the 
uplink mid-band frequency of the supported spectrum bands in MHz.
    (ii) Mobile booster maximum noise power shall not exceed -59 dBm/
MHz.
    (iii) Compliance with Noise limits will use instrumentation 
calibrated in terms of RMS equivalent voltage, and with booster input 
ports terminated or without input signals applied within the band of 
measurement.
    (B) Bidirectional Capability. Consumer Boosters must be able to 
provide equivalent uplink and downlink gain and conducted uplink power 
output that is at least 0.05 watts. One-way consumer boosters (i.e., 
uplink only, downlink only, uplink impaired, downlink impaired) are 
prohibited. Spectrum block filtering used must provide uplink filter 
attenuation not less than the downlink filter attenuation, and where 
RSSI is measured after spectrum block filtering is applied referenced to 
the booster's input port for each band of operation.
    (C) Booster Gain Limits. The gain of the frequency selective 
consumer booster shall meet the limits below.

[[Page 44]]

    (1) The uplink and downlink gain in dB of a frequency selective 
consumer booster referenced to its input and output ports shall not 
exceed BSCL-28 dB-(40 dB-MSCL).
    (i) Where BSCL is the coupling loss between the booster's donor port 
and the base station's input port, and MSCL is the minimum coupling loss 
in dB between the wireless device and the booster's server port. MSCL 
must be calculated or measured for each band of operation and provided 
in compliance test reports.
    (ii) In order of preference, BSCL is determined as follows: 
determine path loss between the base station and the booster; such 
measurement shall be based on measuring the received forward pilot/
control channel power at the booster and reading the pilot/control 
channel transmit power from the base station as defined in the system 
information messages sent by the base station; estimate BSCL by assuming 
that the base station is transmitting at a level of + 25 dBm per channel 
(assume a small, lightly loaded cell) and measuring the total received 
signal power level within the channel in dBm (RPCH) received at the 
booster input port. BSCL is then calculated as 25-RPCH; or assume that 
the BSCL is 70 dB without performing any measurement.
    (2) The uplink and downlink maximum gain of a frequency selective 
consumer booster referenced to its input and output ports shall not 
exceed the following limits:
    (i) Fixed Booster maximum gain shall not exceed 19.5 dB + 20 
Log10 (Frequency), or 100 dB for systems having automatic 
gain adjustment based on isolation measurements between booster donor 
and server antennas.
    (ii) Where, Frequency is the uplink mid-band frequency of the 
supported spectrum bands in MHz.
    (iii) Mobile Booster maximum gain shall not exceed 15 dB when 
directly connected (e.g., boosters with a physical connection to the 
subscriber device), 23 dB when using direct contact coupling (e.g., 
cradle-type boosters), or 50 dB when using an inside antenna (e.g., 
inside a vehicle). For systems using an inside antenna that have 
automatic gain adjustment based on isolation measurements between 
booster donor and server antenna and automatic feedback cancellation, 
the mobile booster maximum gain shall not exceed 58 dB and 65 dB for 
frequencies below and above 1 GHz, respectively.
    (D) Power Limits. A booster's uplink power must not exceed 1 watt 
composite conducted power and equivalent isotropic radiated power (EIRP) 
for each band of operation. Downlink power shall not exceed 0.05 watt 
(17 dBm) composite and 10 dBm per channel conducted and EIRP for each 
band of operation. Compliance with power limits will use instrumentation 
calibrated in terms of RMS equivalent voltage.
    (E) Out of Band Gain Limits. (1) A frequency selective booster shall 
have the following minimum attenuation referenced to the gain in the 
center of the pass band of the booster:
    (i) -20 dB at the band edge, where band edge is the end of the 
licensee's allocated spectrum,
    (ii) -30 dB at 1 MHz offset from band edge,
    (iii) -40 dB at 5 MHz offset from band edge.
    (2) A frequency selective booster having maximum gain greater than 
80 dB (referenced to the center of the pass band) shall limit the out of 
band gain to 60 dB at 0.2 MHz offset from the band edge, and 45 dB at 1 
MHz offset from the band edge, where band edge is the end of the 
licensee's allocated spectrum.
    (F) Out of Band Emission Limits. Booster out of band emissions 
(OOBE) shall meet the FCC's mobile emission limits for the supported 
bands of operation. Compliance to OOBE limits will utilize high peak-to-
average CMRS signal types.
    (G) Intermodulation Limits. The transmitted intermodulation products 
of a consumer booster at its uplink and downlink ports shall not exceed 
the power level of -19 dBm for the supported bands of operation. 
Compliance with intermodulation limits will use boosters operating at 
maximum gain and maximum rated output power, with two continuous wave 
(CW) input signals spaced 600 kHz apart and centered in the pass band of 
the booster,

[[Page 45]]

and with a 3 kHz measurement bandwidth.
    (H) Booster Antenna Kitting. All consumer boosters must be sold with 
user manuals specifying all antennas and cables that meet the 
requirements of this section. All consumer boosters must be sold 
together with antennas, cables, and/or coupling devices that meet the 
requirements of this section. The grantee is required to submit a 
technical document with the application for FCC equipment authorization 
that shows compliance of all antennas, cables, and/or coupling devices 
with the requirements of this section, including any antenna or 
equipment upgrade options that may be available at initial purchase or 
as a subsequent upgrade.
    (I) Transmit Power Off Mode. When the consumer booster cannot 
otherwise meet the noise and gain limits defined herein it must operate 
in ``Transmit Power OFF Mode.'' In this mode of operation, the uplink 
and downlink noise power shall not exceed -70 dBm/MHz and uplink gain 
shall not exceed the lesser of 23 dB or MSCL.
    (J) Uplink Inactivity. When a consumer booster is not serving an 
active device connection after 5 seconds the uplink noise power shall 
not exceed -70 dBm/MHz.
    (ii) Interference Safeguards. Consumer boosters must include 
features to prevent harmful interference including, at a minimum, those 
enumerated in this subsection. These features may not be deactivated by 
the operator and must be enabled and operating at all times the signal 
booster is in use.
    (A) Anti-Oscillation. Consumer boosters must be able to detect and 
mitigate (i.e., by automatic gain reduction or shut down), any 
oscillations in uplink and downlink bands. Oscillation detection and 
mitigation must occur automatically within 0.3 seconds in the uplink 
band and within 1 second in the downlink band. In cases where 
oscillation is detected, the booster must continue mitigation for at 
least one minute before restarting. After five such restarts, the 
booster must not resume operation until manually reset.
    (B) Gain Control. Consumer boosters must have automatic limiting 
control to protect against excessive input signals that would cause 
output power and emissions in excess of that authorized by the 
Commission.
    (C) Interference Avoidance for Wireless Subsystems. Consumer 
boosters using unlicensed (part 15) or other frequency bands for 
wireless transmissions between donor and server subsystems for its 
internal operations must employ interference avoidance methods to 
prevent interference transmitted into authorized CMRS spectrum bands.
    (10) Equivalent Protections. Consumer Signal Boosters which do not 
meet the technical specifications enumerated in paragraphs (e)(1) 
through (e)(9) of this section may also meet the Network Protection 
Standard if they provide equivalent protections as determined by the 
Wireless Telecommunications Bureau.
    (f) Signal booster labeling requirements. (1) Signal booster 
manufacturers, distributors, and retailers must ensure that all signal 
boosters marketed on or after March 1, 2014 include the following 
advisories:
    (i) In on-line, point-of-sale marketing materials,
    (ii) In any print or on-line owner's manual and installation 
instructions,
    (iii) On the outside packaging of the device, and
    (iv) On a label affixed to the device:
    (A) For Consumer Signal Boosters:
    (1) This is a CONSUMER device.

    BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless 
provider and have your provider's consent. Most wireless providers 
consent to the use of signal boosters. Some providers may not consent to 
the use of this device on their network. If you are unsure, contact your 
provider.
    You MUST operate this device with approved antennas and cables as 
specified by the manufacturer. Antennas MUST be installed at least 20 cm 
(8 inches) from any person.
    You MUST cease operating this device immediately if requested by the 
FCC or a licensed wireless service provider.
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (2) The label for Consumer Signal Boosters certified for fixed 
indoor operation also must include the following language:
    This device may be operated ONLY in a fixed location for in-building 
use.

    (B) For Industrial Signal Boosters:

    WARNING. This is NOT a CONSUMER device. It is designed for 
installation by FCC

[[Page 46]]

LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or 
express consent of an FCC Licensee to operate this device. Unauthorized 
use may result in significant forfeiture penalties, including penalties 
in excess of $100,000 for each continuing violation.

    (2) A Consumer Signal Booster label may contain an acknowledgement 
that particular provider(s) have given their consent for all consumers 
to use the device. Such an acknowledgement would be inserted prior to, 
``Some wireless providers may not consent to the use of this device on 
their network. If you are unsure, contact your provider.'' The remaining 
language of the advisory shall remain the same.
    (g) Marketing and sale of signal boosters. Except as provided in 
Sec.  2.803 of this chapter, no person, manufacturer, distributor, or 
retailer may market, distribute or offer for sale or lease any Consumer 
Signal Booster that does not comply with the requirements of this 
section to any person in the United States or to any person intending to 
operate the Consumer Signal Booster within the United States at any time 
on or after March 1, 2014. Consumer Signal Boosters may only be sold to 
members of the general public for their personal use.
    (h) Registration. Each licensee consenting to the operation of a 
Consumer Signal Booster must establish a free registration mechanism for 
subscribers and register all Consumer Signal Boosters to which it 
consents. A licensee must establish a registration mechanism by the 
later of March 1, 2014 or within 90 days of consenting to the operation 
of a Consumer Signal Booster. At a minimum, a licensee must collect:
    (1) The name of the Consumer Signal Booster owner and/or operator, 
if different individuals;
    (2) The make, model, and serial number of the device;
    (3) The location of the device; and
    (4) The date of initial operation. Licensee consent is voluntary and 
may be withdrawn at the licensee's discretion.

[78 FR 21559, Apr. 11, 2013, as amended at 79 FR 70795, Nov. 28, 2014]



Sec.  20.22  Rules governing mobile spectrum holdings.

    (a) Applicants for mobile wireless licenses for commercial use, for 
assignment or transfer of control of such licenses, or for long-term de 
facto transfer leasing arrangements as defined in Sec.  1.9003 of this 
chapter and long-term spectrum manager leasing arrangements as 
identified in Sec.  1.9020(e)(1)(ii) must demonstrate that the public 
interest, convenience, and necessity will be served thereby. The 
Commission will evaluate any such license application consistent with 
the policies set forth in Policies Regarding Mobile Spectrum Holdings, 
Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 15, 2014.
    (b) Attribution of interests. (1) The following criteria will apply 
to attribute partial ownership and other interests in spectrum holdings 
for purposes of:
    (i) Applying a mobile spectrum holding limit to the licensing of 
spectrum through competitive bidding; and
    (ii) Applying the initial spectrum screen to secondary market 
transactions.
    (2) Controlling interests shall be attributable. Controlling 
interest means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (3) Non-controlling interests of 10 percent or more in spectrum 
shall be attributable. Interests of less than 10 percent in spectrum 
shall be attributable if such interest confers de facto control, 
including but not limited to partnership and other ownership interests 
and any stock interest in a licensee.
    (4) The following interests in spectrum shall also be attributable 
to holders:
    (i) Officers and directors of a licensee shall be considered to have 
an attributable interest in the entity with which they are so 
associated. The officers and directors of an entity that controls a 
licensee or applicant shall be considered to have an attributable 
interest in the licensee.
    (ii) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be

[[Page 47]]

determined by successive multiplication of the ownership percentages for 
each link in the vertical ownership chain and application of the 
relevant attribution benchmark to the resulting product, except that if 
the ownership percentage for an interest in any link in the chain 
exceeds 50 percent or represents actual control, it shall be treated as 
if it were a 100 percent interest. (For example, if A owns 20% of B, and 
B owns 40% of licensee C, then A's interest in licensee C would be 8%. 
If A owns 20% of B, and B owns 51% of licensee C, then A's interest in 
licensee C would be 20% because B's ownership of C exceeds 50%).
    (iii) Any person who manages the operations of a licensee pursuant 
to a management agreement shall be considered to have an attributable 
interest in such licensee if such person, or its affiliate, has 
authority to make decisions or otherwise engage in practices or 
activities that determine, or significantly influence, the nature or 
types of services offered by such licensee, the terms upon which such 
services are offered, or the prices charged for such services.
    (iv) Any licensee or its affiliate who enters into a joint marketing 
arrangement with another licensee or its affiliate shall be considered 
to have an attributable interest in the other licensee's holdings if it 
has authority to make decisions or otherwise engage in practices or 
activities that determine or significantly influence the nature or types 
of services offered by the other licensee, the terms upon which such 
services are offered, or the prices charged for such services.
    (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) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed unless and until 
converted or unless the Commission determines that these interests 
confer de facto control.
    (5) The following interests shall be attributable to holders, except 
to lessees and sublessees for the purpose of qualifying to bid on 
reserved licenses offered in the Incentive Auction, discussed in 
paragraph (c) of this section, on the basis of status as a non-
nationwide provider:
    (i) Long-term de facto transfer leasing arrangements as defined in 
Sec.  1.9003 of this chapter and long-term spectrum manager leasing 
arrangements as identified in Sec.  1.9020(e)(1)(ii) that enable 
commercial use shall be attributable to lessees, lessors, sublessees, 
and sublessors for purposes of this section.
    (ii) [Reserved]
    (c) 600 MHz Band holdings. (1) The Commission will reserve licenses 
for up to 30 megahertz of the 600 MHz Band, offered in the Incentive 
Auction authorized by Congress pursuant to 47 U.S.C. 309(j)(8)(G), for 
otherwise qualified bidders who do not hold an attributable interest in 
45 megahertz or more of the total 134 megahertz of below-1-GHz spectrum 
which consists of the cellular (50 megahertz), the 700 MHz (70 
megahertz), and the SMR (14 megahertz) spectrum in a Partial Economic 
Area (PEA), as calculated on a county by county population-weighted 
basis, utilizing 2010 U.S. Census data. The amount of reserved and 
unreserved 600 MHz Band licenses will be determined based on the market-
based spectrum reserve set forth in Policies Regarding Mobile Spectrum 
Holdings, Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 
15, 2014, as well as subsequent Public Notices. Nothing in this 
paragraph will limit, or may be construed to limit, an otherwise 
qualified bidder that is a non-nationwide provider of mobile wireless 
services from bidding on any reserved or unreserved license offered in 
the Incentive Auction.
    (2) For a period of six years, after initial licensing, no 600 MHz 
Band license, regardless of whether it is reserved or unreserved, may be 
transferred, assigned, partitioned, disaggregated, or long term leased 
to any entity that, after consummation of the transfer, assignment, or 
leased on a long term basis, would hold an attributable interest in one-
third or more of the total suitable and available below-1-GHz spectrum 
as calculated on a county by county population-weighted basis in

[[Page 48]]

the relevant license area, utilizing 2010 U.S. Census data.
    (3) For a period of six years, after initial licensing, no 600 MHz 
Band reserved license may be transferred, assigned, partitioned, 
disaggregated, or leased on a long term basis to an entity that was not 
qualified to bid on that reserved spectrum license under paragraph 
(c)(1) of this section at the time of the Incentive Auction short-form 
application deadline.

[79 FR 40002, July 11, 2014, as amended at 80 FR 61970, Oct. 14, 2015]



Sec.  20.23  Contraband wireless devices in correctional facilities.

    (a) Good faith negotiations. CMRS licensees must negotiate in good 
faith with entities seeking to deploy a Contraband Interdiction System 
(CIS) in a correctional facility. Upon receipt of a good faith request 
by an entity seeking to deploy a CIS in a correctional facility, a CMRS 
licensee must negotiate toward a lease agreement. If, after a 45 day 
period, there is no agreement, CIS providers seeking Special Temporary 
Authority (STA) to operate in the absence of CMRS licensee consent may 
file a request for STA with the Wireless Telecommunications Bureau 
(WTB), accompanied by evidence demonstrating its good faith, and the 
unreasonableness of the CMRS licensee's actions, in negotiating an 
agreement. The request must be served on the CMRS licensee no later than 
the filing of the STA request, and the CMRS licensee may file a response 
with WTB, with a copy served on the CIS provider at that time, within 10 
days of the filing of the STA request. If WTB determines that the CIS 
provider has negotiated in good faith, yet the CMRS licensee has not 
negotiated in good faith, WTB may issue STA to the entity seeking to 
deploy the CIS, notwithstanding lack of accompanying CMRS licensee 
consent.
    (b) [Reserved]

[82 FR 22761, May 18, 2017]

    Effectve Date Note: At 82 FR 22761, May 18, 2017, Sec.  20.23 was 
added. Paragraph (a) contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



PART 22_PUBLIC MOBILE SERVICES--Table of Contents



                      Subpart A_Scope and Authority

Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.9 Operation of certificated signal boosters.
22.99 Definitions.

             Subpart B_Licensing Requirements and Procedures

                     Applications and Notifications

22.107 General application requirements.
22.131 Procedures for mutually exclusive applications.
22.143 Construction prior to grant of application.
22.150 Standard pre-filing technical coordination procedure.
22.165 Additional transmitters for existing systems.
22.169 International coordination.

                     Competitive Bidding Procedures

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

            Subpart C_Operational and Technical Requirements

                        Operational Requirements

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

                         Technical Requirements

22.351 Channel assignment policy.
22.352 Protection from interference.
22.353 Blanketing interference.
22.355 Frequency tolerance.
22.357 Emission types.
22.359 Emission limitations.

[[Page 49]]

22.365 Antenna structures; air navigation safety.
22.377 Certification of transmitters.
22.383 In-building radiation systems.

Subpart D [Reserved]

               Subpart E_Paging and Radiotelephone Service

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

                            Paging Operation

22.531 Channels for paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.559 Paging application requirements.

                   One-way or Two-way Mobile Operation

22.561 Channels for one-way or two-way mobile operation.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station functions.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.

                        Point-to-Point Operation

22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.601 Existing microwave stations licensed under this part.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to 
          emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.

                      Point-to-Multipoint Operation

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

                  470-512 MHz Trunked Mobile Operation

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

                 Subpart F_Rural Radiotelephone Service

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

               Conventional Rural Radiotelephone Stations

22.721 Geographic area authorizations.
22.723 Secondary site-by-site authorizations.
22.725 Channels for conventional rural radiotelephone stations and basic 
          exchange telephone radio systems.
22.727 Power limits for conventional rural radiotelephone transmitters.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.

                 Basic Exchange Telephone Radio Systems

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

               Subpart G_Air-Ground Radiotelephone Service

22.801 Scope.

                  General Aviation Air-Ground Stations

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

[[Page 50]]

                 Commercial Aviation Air-Ground Systems

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

                Subpart H_Cellular Radiotelephone Service

22.900 Scope.
22.901 Cellular service requirements and limitations.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.917 Emission limitations for cellular equipment.
22.921 911 Call processing procedures; 911-only calling mode.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobile stations.
22.929-22.943 [Reserved]
22.946 Construction period for Unserved Area authorizations.
22.947 Discontinuance of service.
22.948 Geographic partitioning and spectrum disaggregation; spectrum 
          leasing.
22.949 Unserved Area licensing; minimum coverage requirements.
22.950 Provision of service in the Gulf of Mexico Service Area (GMSA).
22.951 [Reserved]
22.953 Content and form of applications for Cellular Unserved Area 
          authorizations.
22.955-22.957 [Reserved]
22.959 Rules governing processing of applications for initial systems.
22.960 Cellular operations in the Chambers, TX CMA (CMA672-A).
22.961 Cellular licenses subject to competitive bidding.
22.962-22.969 [Reserved]
22.970 Unacceptable interference to part 90 non-cellular 800 MHz 
          licensees from cellular radiotelephone or part 90-800 MHz 
          cellular systems.
22.971 Obligation to abate unacceptable interference.
22.972 Interference resolution procedures.
22.973 Information exchange.
22.983 Field strength limit.

                Subpart I_Offshore Radiotelephone Service

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

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

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



                      Subpart A_Scope and Authority



Sec.  22.1  Basis and purpose.

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

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



Sec.  22.3  Authorization required.

    Stations in the Public Mobile Services must be used and operated 
only in accordance with the rules in this part and with a valid 
authorization granted by the FCC under the provisions of this part.
    (a) The holding of an authorization does not create any rights 
beyond the terms, conditions and period specified in the authorization. 
Authorizations may be granted upon proper application, provided that the 
FCC finds that the applicant is qualified in regard to

[[Page 51]]

citizenship, character, financial, technical and other criteria, and 
that the public interest, convenience and necessity will be served. See 
47 U.S.C. 301, 308, and 309.
    (b) Authority for subscribers to operate mobile or fixed stations in 
the Public Mobile Services, except for certain stations in the Rural 
Radiotelephone Service, is included in the authorization held by the 
licensee providing service to them. Subscribers are not required to 
apply for, and the FCC does not accept applications from subscribers 
for, individual mobile or fixed station authorizations in the Public 
Mobile Services, except that individual authorizations are required to 
operate rural subscriber stations in the Rural Radiotelephone Service 
under certain circumstances. See Sec.  22.703.

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



Sec.  22.5  Citizenship.

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

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



Sec.  22.7  General eligibility.

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

[70 FR 19307, Apr. 13, 2005]



Sec.  22.9  Operation of certificated signal boosters.

    Individuals and non-individuals may operate certificated Consumer 
Signal Boosters on frequencies regulated under this part provided that 
such operation complies with all applicable rules under this part and 
Sec.  20.21 of this chapter. Failure to comply with all applicable rules 
voids the authority to operate a signal booster.

[78 FR 21563, Apr. 11, 2013]



Sec.  22.99  Definitions.

    Terms used in this part have the following meanings:
    Air-Ground Radiotelephone Service. A radio service in which 
licensees are authorized to offer and provide radio telecommunications 
service for hire to subscribers in aircraft.
    Airborne station. A mobile station in the Air-Ground Radiotelephone 
Service authorized for use on aircraft while in flight or on the ground.
    Antenna structure. A structure comprising an antenna, the tower or 
other structure that exists solely to support antennas, and any 
surmounting appurtenances (attachments such as beacons or lightning 
rods).
    Antenna. A device that converts radio frequency electrical energy to 
radiated electromagnetic energy and vice versa; in a transmitting 
station, the device from which radio waves are emitted.
    Authorized bandwidth. The necessary or occupied bandwidth of an 
emission, whichever is more.

[[Page 52]]

    Authorized spectrum. The spectral width of that portion of the 
electromagnetic spectrum within which the emission power of the 
authorized transmitter(s) must be contained, in accordance with the 
rules in this part. The authorized spectrum comprises one channel 
bandwidth or the bandwidths of two or more contiguous channels.
    Auxiliary test transmitter. A fixed transmitter used to test Public 
Mobile systems.
    Base transmitter. A stationary transmitter that provides radio 
telecommunications service to mobile and/or fixed receivers, including 
those associated with mobile stations.
    Blanketing interference. Disturbance in consumer receivers located 
in the immediate vicinity of a transmitter, caused by currents directly 
induced into the consumer receiver's circuitry by the relatively high 
field strength of the transmitter.
    Cardinal radials. Eight imaginary straight lines extending radially 
on the ground from an antenna location in the following azimuths with 
respect to true North: 0[deg], 45[deg], 90[deg], 135[deg], 180[deg], 
225[deg], 270[deg], 315[deg].
    Carrier frequency. The frequency of the unmodulated electrical wave 
at the output of an amplitude modulated (AM), frequency modulated (FM) 
or phase modulated (PM) transmitter.
    Cell. The service area of an individual transmitter location in a 
cellular system.
    Cellular Geographic Service Area (CGSA). The licensed geographic 
area within which a Cellular system is entitled to protection and 
adverse effects are recognized, for the purpose of determining whether a 
petitioner has standing, in the Cellular Radiotelephone Service, and 
within which the Cellular licensee is permitted to transmit, or consent 
to allow other Cellular licensees to transmit, electromagnetic energy 
and signals on the assigned channel block, in order to provide Cellular 
service. See Sec.  22.911.
    Cellular Market Area (CMA). A standard geographic area used by the 
FCC for administrative convenience in the licensing of Cellular systems; 
a more recent term for ``Cellular market'' (and includes Metropolitan 
Statistical Areas (MSAs) and Rural Service Areas (RSAs)). See Sec.  
22.909.
    Cellular markets. This term is obsolescent. See definition for 
``Cellular Market Area (CMA).''
    Cellular Radiotelephone Service. A radio service in which licensees 
are authorized to offer and provide cellular service for hire to the 
general public. This service was formerly titled Domestic Public 
Cellular Radio Telecommunications Service.
    Cellular repeater. In the Cellular Radiotelephone Service, a 
stationary transmitter or device that automatically re-radiates the 
transmissions of base transmitters at a particular cell site and mobile 
stations communicating with those base transmitters, with or without 
channel translation.
    Cellular service. Radio telecommunication services provided using a 
cellular system.
    Cellular system. An automated high-capacity system of one or more 
multi-channel base stations designed to provide radio telecommunication 
services to mobile stations over a wide area in a spectrally efficient 
manner. Cellular systems employ techniques such as automatic hand-off 
between base stations of communications in progress to enable channels 
to be re-used at relatively short distances.
    Center frequency. The frequency of the middle of the bandwidth of a 
channel.
    Central office transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that provides service to rural subscriber 
stations.
    CGSA. See Cellular Geographic Service Area.
    Channel. The portion of the electromagnetic spectrum assigned by the 
FCC for one emission. In certain circumstances, however, more than one 
emission may be transmitted on a channel.
    Channel bandwidth. The spectral width of a channel, as specified in 
this part, within which 99% of the emission power must be contained.
    Channel block. A group of channels that are assigned together, not 
individually.
    Channel pair. Two channels that are assigned together, not 
individually. In this part, channel pairs are indicated

[[Page 53]]

by an ellipsis between the center frequencies.
    Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber 
communications.
    Construction period. The period between the date of grant of an 
authorization and the date of required commencement of service.
    Control channel. In the Cellular Radiotelephone Service and the Air-
Ground Radiotelephone Service, a channel used to transmit information 
necessary to establish or maintain communications. In the other Public 
Mobile Services, a channel that may be assigned to a control 
transmitter.
    Control point. A location where the operation of a public mobile 
station is supervised and controlled by the licensee of that station.
    Control transmitter. A fixed transmitter in the Public Mobile 
Services that transmits control signals to one or more base or fixed 
stations for the purpose of controlling the operation of the base or 
fixed stations, and/or transmits subscriber communications to one or 
more base or fixed stations that retransmit them to subscribers.
    Dead spots. Small areas within a service area where the field 
strength is lower than the minimum level for reliable service. Service 
within dead spots is presumed.
    Dispatch service. A radiotelephone service comprising communications 
between a dispatcher and one or more mobile units. These communications 
normally do not exceed one minute in duration and are transmitted 
directly through a base station, without passing through mobile 
telephone switching facilities.
    Effective radiated power (ERP). The effective radiated power of a 
transmitter (with antenna, transmission line, duplexers etc.) is the 
power that would be necessary at the input terminals of a reference 
half-wave dipole antenna in order to produce the same maximum field 
intensity. ERP is usually calculated by multiplying the measured 
transmitter output power by the specified antenna system gain, relative 
to a half-wave dipole, in the direction of interest.
    Emission. The electromagnetic energy radiated from an antenna.
    Emission designator. An internationally accepted symbol for 
describing an emission in terms of its bandwidth and the characteristics 
of its modulation, if any. See Sec.  2.201 of this chapter for details.
    Emission mask. The design limits imposed, as a condition or 
certification, on the mean power of emissions as a function of frequency 
both within the authorized bandwidth and in the adjacent spectrum.
    Equivalent isotropically radiated power (EIRP). The equivalent 
isotropically radiated power of a transmitter (with antenna, 
transmission line, duplexers etc.) is the power that would be necessary 
at the input terminals of a reference isotropic radiator in order to 
produce the same maximum field intensity. An isotropic radiator is a 
theoretical lossless point source of radiation with unity gain in all 
directions. EIRP is usually calculated by multiplying the measured 
transmitter output power by the specified antenna system gain, relative 
to an isotropic radiator, in the direction of interest.
    Extension. In the Cellular Radiotelephone Service, an area within 
the service area boundary (calculated using the methodology of Sec.  
22.911) of a Cellular system but outside the licensed Cellular 
Geographic Service Area boundary. See Sec. Sec.  22.911 and 22.912.
    Facsimile service. Transmission of still images from one place to 
another by means of radio.
    Fill-in transmitters. Transmitters added to a station, in the same 
area and transmitting on the same channel or channel block as previously 
authorized transmitters, that do not expand the existing service area, 
but are established for the purpose of improving reception in dead 
spots.
    Fixed transmitter. A stationary transmitter that communicates with 
other stationary transmitters.
    Frequency. The number of cycles occurring per second of an 
electrical or electromagnetic wave; a number representing a specific 
point in the electromagnetic spectrum.
    Ground station. In the Air-Ground Radiotelephone Service, a 
stationary

[[Page 54]]

transmitter that provides service to airborne mobile stations.
    Gulf of Mexico Service Area (GMSA). The cellular market comprising 
the water area of the Gulf of Mexico bounded on the West, North and East 
by the coastline. Coastline, for this purpose, means the line of 
ordinary low water along that portion of the coast which is in direct 
contact with the open sea, and the line marking the seaward limit of 
inland waters. Inland waters include bays, historic inland waters and 
waters circumscribed by a fringe of islands within the immediate 
vicinity of the shoreline.
    Height above average terrain (HAAT). The height of an antenna above 
the average elevation of the surrounding area.
    In-building radiation systems. Supplementary systems comprising low 
power transmitters, receivers, indoor antennas and/or leaky coaxial 
cable radiators, designed to improve service reliability inside 
buildings or structures located within the service areas of stations in 
the Public Mobile Services.
    Initial cellular applications. Applications for authority to 
construct and operate a new cellular system, excluding applications for 
interim operating authority.
    Interfering contour. The locus of points surrounding a transmitter 
where the predicted median field strength of the signal from that 
transmitter is the maximum field strength that is not considered to 
cause interference at the service contour of another transmitter.
    Interoffice transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that communicates with other interoffice 
transmitters for the purpose of interconnecting rural central offices.
    Mobile station. One or more transmitters that are capable of 
operation while in motion.
    Necessary bandwidth. The calculated spectral width of an emission. 
Calculations are made using procedures set forth in part 2 of this 
chapter. The bandwidth so calculated is considered to be the minimum 
necessary to convey information at the desired rate with the desired 
accuracy.
    Occupied bandwidth. The measured spectral width of an emission. The 
measurement determines occupied bandwidth as the difference between 
upper and lower frequencies where 0.5% of the emission power is above 
the upper frequency and 0.5% of the emission power is below the lower 
frequency.
    Offshore central transmitter. A fixed transmitter in the Offshore 
Radiotelephone Service that provides service to offshore subscriber 
stations.
    Offshore Radiotelephone Service. A radio service in which licensees 
are authorized to offer and provide radio telecommunication services for 
hire to subscribers on structures in the offshore coastal waters of the 
Gulf of Mexico.
    Offshore subscriber station. One or more fixed and/or mobile 
transmitters in the Offshore Radiotelephone Service that receive service 
from offshore central transmitters.
    Pager. A small radio receiver designed to be carried by a person and 
to give an aural, visual or tactile indication when activated by the 
reception of a radio signal containing its specific code. It may also 
reproduce sounds and/or display messages that were also transmitted. 
Some pagers also transmit a radio signal acknowledging that a message 
has been received.
    Paging geographic area authorization. An authorization conveying the 
exclusive right to establish and expand one or more stations throughout 
a paging geographic area or, in the case of a partitioned geographic 
area, throughout a specified portion of a paging geographic area, on a 
specified channel allocated for assignment in the Paging and 
Radiotelephone Service. These are subject to the conditions that no 
interference may be caused to existing co-channel stations operated by 
other licensees within the paging geographic area and that no 
interference may be caused to existing or proposed co-channel stations 
of other licensees in adjoining paging geographic areas.
    Paging geographic areas. Standard geographic areas used by the FCC 
for administrative convenience in the licensing of stations to operate 
on channels allocated for assignment in the Paging

[[Page 55]]

and Radiotelephone Service. See Sec.  22.503(b).
    Paging and Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide paging and radiotelephone 
service for hire to the general public. This service was formerly titled 
Public Land Mobile Service.
    Paging service. Transmission of coded radio signals for the purpose 
of activating specific pagers; such transmissions may include messages 
and/or sounds.
    Power spectral density (PSD). The power of an emission in the 
frequency domain, such as in terms of ERP or EIRP, stated per unit 
bandwidth, e.g., watts/MHz.
    Public Mobile Services. Radio services in which licensees are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    Radio telecommunication services. Communication services provided by 
the use of radio, including radiotelephone, radiotelegraph, paging and 
facsimile service.
    Radiotelegraph service. Transmission of messages from one place to 
another by means of radio.
    Radiotelephone service. Transmission of sound from one place to 
another by means of radio.
    Repeater. A fixed transmitter that retransmits the signals of other 
stations.
    Roamer. A mobile station receiving service from a station or system 
in the Public Mobile Services other than one to which it is a 
subscriber.
    Rural Radiotelephone Service. A radio service in which licensees are 
authorized to offer and provide radio telecommunication services for 
hire to subscribers in areas where it is not feasible to provide 
communication services by wire or other means.
    Rural subscriber station. One or more fixed transmitters in the 
Rural Radiotelephone Service that receive service from central office 
transmitters.
    Service area. The geographic area considered by the FCC to be 
reliably served by a station in the Public Mobile Services.
    Service contour. The locus of points surrounding a transmitter where 
the predicted median field strength of the signal from that transmitter 
is the minimum field strength that is considered sufficient to provide 
reliable service to mobile stations.
    Service to subscribers. Service to at least one subscriber that is 
not affiliated with, controlled by or related to the providing carrier.
    Signal booster. A stationary device that automatically reradiates 
signals from base transmitters without channel translation, for the 
purpose of improving the reliability of existing service by increasing 
the signal strength in dead spots.
    Station. A station equipped to engage in radio communication or 
radio transmission of energy (47 U.S.C. 153(k)).
    Telecommunications common carrier. An individual, partnership, 
association, joint-stock company, trust or corporation engaged in 
rendering radio telecommunications services to the general public for 
hire.
    Temporary fixed station. One or more fixed transmitters that 
normally do not remain at any particular location for longer than 6 
months.
    Universal licensing system. The Universal Licensing System (ULS) is 
the consolidated database, application filing system, and processing 
system for all Wireless Radio Services. ULS supports electronic filing 
of all applications and related documents by applicants and licensees in 
the Wireless Radio Services, and provides public access to licensing 
information.
    Unserved Area. With regard to a channel block allocated for 
assignment in the Cellular Radiotelephone Service: Geographic area in 
the District of Columbia, or any State, Territory or Possession of the 
United States of America that is not within any Cellular Geographic 
Service Area of any Cellular system authorized to transmit on that 
channel block. With regard to a channel allocated for assignment in the 
Paging and Radiotelephone service: Geographic area within the District 
of Columbia, or any State, Territory or possession of the United States 
of America that is not within the service contour of any base 
transmitter in any station

[[Page 56]]

authorized to transmit on that channel.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996; 
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, 
July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 70 
FR 19307, Apr. 13, 2005; 79 FR 72150, Dec. 5, 2014; 82 FR 17581, Apr. 
12, 2017]



             Subpart B_Licensing Requirements and Procedures

                     Applications and Notifications



Sec.  22.107  General application requirements.

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



Sec.  22.131  Procedures for mutually exclusive applications.

    Two or more pending applications are mutually exclusive if the grant 
of one application would effectively preclude the grant of one or more 
of the others under Commission rules governing the Public Mobile 
Services involved. The Commission uses the general procedures in this 
section for processing mutually exclusive applications in the Public 
Mobile Services. Additional specific procedures are prescribed in the 
subparts of this part governing the individual Public Mobile Services 
(see Sec. Sec.  22.509, 22.717, and 22.949) and in part 1 of this 
chapter.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more applications 
should not include in the mutually exclusive application a request for 
other channels or facilities that would not, by themselves, render the 
application mutually exclusive with those other applications. Instead, 
the request for such other channels or facilities should be filed in a 
separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec.  1.945 of this chapter) any mutually 
exclusive application(s) whose filing date is outside of the date range 
for inclusion in the filing group. The types of filing groups used in 
day-to-day application processing are specified in paragraph (c)(3) of 
this section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed 
mutually exclusive competing applications (see Sec.  1.935 of this 
chapter).
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, which 
is normally the filing date of the first-filed application(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day window, the two dates are 
the

[[Page 57]]

same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing that are excluded by that grant, 
pursuant to Sec.  1.945 of this chapter.
    (1) Selection methods. In selecting the application to grant, the 
Commission will use competitive bidding.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec.  1.945 of this chapter, either before or after 
employing selection procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in the processing of two or more 
mutually exclusive applications depends upon the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used.
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group. (A) 
If all of the mutually exclusive applications in a 30-day notice and 
cut-off filing group are applications for initial authorization, the FCC 
administers competitive bidding procedures in accordance with Sec. Sec.  
22.201 through 22.227 and subpart Q of part 1 of this chapter, as 
applicable. After such procedures, the application of the successful 
bidder may be granted and the other applications may be dismissed 
without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day notice 
and cut-off filing group is an application for modification, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the FCC may designate all applications in the 
filing group for comparative consideration in a hearing. In this event, 
the result of the hearing disposes all of the applications in the filing 
group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the Commission may designate all applications 
in the filing group for comparative consideration in a hearing. In this 
event, the result of the hearing disposes of all of the applications in 
the filing group.
    (iv) Applications in a window filing group. Applications in a window 
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this 
section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The filing date of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major amendments 
in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;

[[Page 58]]

    (ii) The major amendment as received is defective or otherwise found 
unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major amendment.
    (2) An application for initial authorization is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking;
    (iii) Any application requesting authorization for a new transmitter 
at a location more than 2 kilometers (1.2 miles) from any existing 
transmitters of the applicant licensee on the requested channel or 
channel block; or
    (iv) Any application to expand the Cellular Geographic Service Area 
of an existing Cellular system. See Sec.  22.911.
    (v) Any ``short-form'' application (filed on FCC Form 175) 
requesting a new paging geographic area authorization.

[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997; 
63 FR 68943, Dec. 14, 1998; 79 FR 72150, Dec. 5, 2014]

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, effective Oct. 
2, 2017, Sec.  22.131 was amended by:
    a. Removing paragraph (b)(1);
    b. Redesignating paragraphs (b)(2) through (4) as paragraphs (b)(1) 
through (3);
    c. Removing paragraph (c)(3)(i);
    d. Redesignating paragraphs (c)(3)(ii) and (iii) as paragraphs 
(c)(3)(i) and (ii);
    e. Removing paragraph (c)(4)(i); and
    f. Redesignating paragraphs (c)(4)(ii) through (iv) as paragraphs 
(c)(4)(i) through (iii).



Sec.  22.143  Construction prior to grant of application.

    Applicants may construct facilities in the Public Mobile services 
prior to grant of their applications, subject to the provisions of this 
section, but must not operate such facilities until the FCC grants an 
authorization. If the conditions stated in this section are not met, 
applicants must not begin to construct facilities in the Public Mobile 
Services.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility 35 days after the date of the Public Notice 
listing the application for that facility as acceptable for filing.
    (b) Notification to stop. If the FCC for any reason determines that 
construction should not be started or should be stopped while an 
application is pending, and so notifies the applicant, orally (followed 
by written confirmation) or in writing, the applicant must not begin 
construction or, if construction has begun, must stop construction 
immediately.
    (c) Assumption of risk. Applicants that begin construction pursuant 
to this section before receiving an authorization do so at their own 
risk and have no recourse against the United States for any losses 
resulting from:
    (1) Applications that are not granted;
    (2) Errors or delays in issuing Public Notices;
    (3) Having to alter, relocate or dismantle the facility; or
    (4) Incurring whatever costs may be necessary to bring the facility 
into compliance with applicable laws, or FCC rules and orders.
    (d) Conditions. Except as indicated, all pre-grant construction is 
subject to the following conditions:
    (1) The application is not mutually exclusive with any other 
application, except for successful bidders and tentative selectees in 
the Cellular Radiotelephone Service;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more FCC rules;
    (4) For any construction or alteration that would exceed the 
requirements of Sec.  17.7 of this chapter, the licensee has notified 
the appropriate Regional Office of the Federal Aviation Administration 
(FAA Form 7460-1), secured a valid FAA determination of ``no hazard,'' 
and received antenna height clearance and obstruction marking and 
lighting specifications (FCC Form 854R) from the FCC for the proposed 
construction or alteration.

[[Page 59]]

    (5) The applicant has indicated in the application that the proposed 
facility would not have a significant environmental effect, in 
accordance with Sec. Sec.  1.1301 through 1.1319 of this chapter; and,
    (6) Under applicable international agreements and rules in this 
part, individual coordination of the proposed channel assignment(s) with 
a foreign administration is not required.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19308, Apr. 13, 2005; 
77 FR 3954, Jan. 26, 2012; 79 FR 72151, Dec. 5, 2014]



Sec.  22.150  Standard pre-filing technical coordination procedure.

    For operations on certain channels in the Public Mobile Services, 
carriers must attempt to coordinate the proposed use of spectrum with 
other spectrum users prior to filing an application for authority to 
operate a station. Rules requiring this procedure for specific channels 
and types of stations are contained in the subparts governing the 
individual Public Mobile Services.
    (a) Coordination comprises two steps--notification and response. 
Each step may be accomplished orally or in writing.
    (b) Notification must include relevant technical details of the 
proposal. At minimum, this should include the following:
    (1) Geographical coordinates of the antenna site(s).
    (2) Transmitting and receiving channels to be added or changed.
    (3) Transmitting power, emission type and polarization.
    (4) Transmitting antenna pattern and maximum gain.
    (5) Transmitting antenna height above ground level.
    (c) Applicants and licensees receiving notification must respond 
promptly, even if no channel usage conflicts are anticipated. If any 
notified party fails to respond within 30 days, the applicant may file 
the application without a response from that party.
    (d) The 30-day period begins on the date the notification is 
submitted to the Commission via the ULS. If the notification is by mail, 
this date may be ascertained by:
    (1) The return receipt on certified mail,
    (2) The enclosure of a card to be dated and returned by the party 
being notified, or
    (3) A reasonable estimate of the time required for the mail to reach 
its destination. In this case, the date when the 30-day period will 
expire must be stated in the notification.
    (e) All channel usage conflicts discovered during the coordination 
process should be resolved prior to filing of the application. If the 
applicant is unable or unwilling to resolve a particular conflict, the 
application may be accepted for filing if it contains a statement 
describing the unresolved conflict and a brief explanation of the 
reasons why a resolution was not achieved.
    (f) If a number of changes in the technical parameters of a proposed 
facility become necessary during the course of the coordination process, 
an attempt should be made to minimize the number of separate 
notifications. If the changes are incorporated into a completely revised 
notice, the items that were changed from the previous notice should be 
identified.
    (g) In situations where subsequent changes are not numerous or 
complex, the party receiving the changed notification should make an 
effort to respond in less than 30 days. If the applicant believes a 
shorter response time is reasonable and appropriate, it should so 
indicate in the notice and suggest a response date.
    (h) If a subsequent change in the technical parameters of a proposed 
facility could not affect the facilities of one or more of the parties 
that received an initial notification, the applicant is not required to 
coordinate that change with these parties. However, these parties must 
be advised of the change and of the opinion that coordination is not 
required.

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



Sec.  22.165  Additional transmitters for existing systems.

    A licensee may operate additional transmitters at additional 
locations on the same channel or channel block as its existing system 
without obtaining prior Commission approval provided:

[[Page 60]]

    (a) International coordination. The locations and/or technical 
parameters of the additional transmitters are such that individual 
coordination of the channel assignment(s) with a foreign administration, 
under applicable international agreements and rules in this part, is not 
required.
    (b) Antenna structure registration. Certain antenna structures must 
be registered with the Commission prior to construction or alteration. 
Registration requirements are contained in part 17 of this chapter.
    (c) Environmental. The additional transmitters must not have a 
significant environmental effect as defined by Sec. Sec.  1.1301 through 
1.1319 of this chapter.
    (d) Paging and Radiotelephone Service. The provisions in this 
paragraph apply for stations in the Paging and Radiotelephone Service.
    (1) The interfering contours of the additional transmitter(s) must 
be totally encompassed by the composite interfering contour of the 
existing station (or stations under common control of the applicant) on 
the same channel, except that this limitation does not apply to 
nationwide network paging stations or in-building radiation systems.
    (2) [Reserved]
    (3) The additional transmitters must not operate on control channels 
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz 
frequency ranges.
    (e) Cellular Radiotelephone Service. The service area boundaries 
(SABs) of the additional transmitters, as calculated by the method set 
forth in Sec.  22.911(a), must not cause an expansion of the Cellular 
Geographic Service Area (CGSA), and must not extend outside the CGSA 
boundary into Unserved Area unless such extension is less than 130 
contiguous square kilometers (50 contiguous square miles). The licensee 
must seek prior approval (using FCC Form 601) regarding any transmitters 
to be added under this section that would cause an expansion of the 
CGSA, or an SAB extension of 130 contiguous square kilometers (50 
contiguous square miles) or more, into Unserved Area. See Sec. Sec.  
22.912, 22.953.
    (f) Air-ground Radiotelephone Service. Ground stations may be added 
to Commercial Aviation air-ground systems at previously established 
ground station locations, pursuant to Sec.  22.859, subject to 
compliance with the applicable technical rules. This section does not 
apply to General Aviation air-ground stations.
    (g) Rural Radiotelephone Service. A ``service area'' and 
``interfering contours'' must be determined using the same method as for 
stations in the Paging and Radiotelephone Service. The service area and 
interfering contours so determined for the additional transmitter(s) 
must be totally encompassed by the similarly determined composite 
service area contour and predicted interfering contour, respectively, of 
the existing station on the same channel. This section does not apply to 
Basic Exchange Telecommunications Radio Systems.
    (h) Offshore Radiotelephone Service. This section does not apply to 
stations in the Offshore Radiotelephone Service.
    (i) Provision of information upon request. Upon request by the FCC, 
licensees must supply administrative or technical information concerning 
the additional transmitters. At the time transmitters are added pursuant 
to this section, licensees must make a record of the pertinent technical 
and administrative information so that such information is readily 
available. See Sec.  22.303.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994, as amended at 
62 FR 11629, Mar. 12, 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, 
Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002; 78 FR 25174, Apr. 29, 2013; 79 
FR 72151, Dec. 5, 2014]



Sec.  22.169  International coordination.

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

[82 FR 17582, Apr. 12, 2017]

                     Competitive Bidding Procedures

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

[[Page 61]]



Sec.  22.201  Paging geographic area authorizations are subject to 
competitive bidding.

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

[67 FR 45366, July 9, 2002]



Sec. Sec.  22.203-22.211  [Reserved]



Sec.  22.213  Filing of long-form applications.

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

[67 FR 45366, July 9, 2002]



Sec.  22.215  [Reserved]



Sec.  22.217  Bidding credit for small businesses.

    A winning bidder that qualifies as a small business, as defined in 
Sec.  22.223(b)(1), or a consortium of small businesses may use a 
bidding credit of thirty-five (35) percent to lower the cost of its 
winning bid. A winning bidder that qualifies as a small business, as 
defined in Sec.  22.223(b)(2), or consortium of small businesses may use 
a bidding credit of twenty-five (25) percent to lower the cost of its 
winning bid.

[68 FR 42998, July 21, 2003]



Sec.  22.221  Eligibility for partitioned licenses.

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

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



Sec.  22.223  Designated entities.

    (a) Scope. The definitions in this section apply to Sec. Sec.  
22.201 through 22.227, unless otherwise specified in those sections.
    (b) A small business is an entity that either:
    (1) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $3 million for the 
preceding three years; or
    (2) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $15 million for the 
preceding three years.

[68 FR 42998, July 21, 2003]



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

    (a) Records maintenance. All winning bidders qualifying as small 
businesses shall maintain at their principal place of business an 
updated file of ownership, revenue, and asset information, including any 
documents necessary to establish small businesses under Sec.  22.223. 
Licensees (and their successors-in-interest) shall maintain such files 
for the term of the license. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of

[[Page 62]]

the filing of their short-form application (FCC Form 175), whichever is 
earlier.
    (b) Definition. The term small business used in this section is 
defined in Sec.  22.223.

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



Sec.  22.227  Petitions to deny and limitations on settlements.

    (a) Procedures regarding petitions to deny long-form applications in 
the paging service will be governed by Sec.  1.939 of this chapter.
    (b) The consideration that an individual or an entity will be 
permitted to receive for agreeing to withdraw an application or petition 
to deny will be limited by the provisions set forth in Sec.  1.935 of 
this chapter.

[67 FR 45367, July 9, 2002]



Sec.  22.229  Designated entities.

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

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



            Subpart C_Operational and Technical Requirements

                        Operational Requirements



Sec.  22.301  Station inspection.

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

[59 FR 59955, Nov. 21, 1994]



Sec.  22.303  Retention of station authorizations; identifying
transmitters.

    The current authorization for each station, together with current 
administrative and technical information concerning modifications to 
facilities pursuant to Sec.  1.929 of this chapter, and added facilities 
pursuant to Sec.  22.165 must be retained as a permanent part of the 
station records. A clearly legible photocopy of the authorization must 
be available at each regularly attended control point of the station, or 
in lieu of this photocopy, licensees may instead make available at each 
regularly attended control point the address or location where the 
licensee's current authorization and other records may be found.

[70 FR 61058, Oct. 20, 2005]



Sec.  22.305  Operator and maintenance requirements.

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



Sec.  22.307  Operation during emergency.

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

[[Page 63]]

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



Sec.  22.313  Station identification.

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

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 
62 FR 11633, Mar. 12, 1997; 70 FR 19308, Apr. 13, 2005]



Sec.  22.317  Discontinuance of station operation.

    If the operation of a Public Mobile Services station is permanently 
discontinued, the licensee shall send authorization for cancellation by 
electronic filing via the ULS on FCC Form 601. For purposes of this 
section, any station that has not provided service to subscribers for 90 
continuous days is considered to have been permanently discontinued, 
unless the applicant notified the FCC otherwise prior to the end of the 
90 day period and provided a date on which operation will resume, which 
date must not be in excess of 30 additional days. This section does not

[[Page 64]]

apply to the Cellular Radiotelephone Service (see Sec.  22.947).

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996; 
63 FR 68944, Dec. 14, 1998; 82 FR 17582, Apr. 12, 2017]

    Effective Date Note 1.: At 82 FR 17582, Apr. 12, 2017, Sec.  22.317 
was amended by adding a sentence to the end. This amendment contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.

    Effective Date Note 2.: At 82 FR 41547, Sept. 1, 2017, Sec.  22.317 
was removed but will not become effective until approval has been given 
by the Office of Management and Budget.



Sec.  22.321  Equal employment opportunities.

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

[[Page 65]]

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

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

    (c) Report of complaints filed against licensees. Each licensee, 
regardless of how many employees it has, shall submit an annual report 
to the FCC no later than May 31st of each year indicating whether any 
complaints regarding violations by the licensee or equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before anybody having competent jurisdiction.
    (1) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (2) Any licensee who has filed such information with the EEOC may 
file a notification of such filing with the FCC in lieu of a report.
    (d) Complaints of violations of Equal Employment Programs. 
Complaints alleging employment discrimination against a common carrier 
licensee are considered by the FCC in the following manner:

[[Page 66]]

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



Sec.  22.325  Control points.

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

                         Technical Requirements



Sec.  22.351  Channel assignment policy.

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

[70 FR 19308, Apr. 13, 2005]



Sec.  22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with 
applicable FCC rules and the terms and conditions of their 
authorizations are normally considered to be non-interfering. If the FCC 
determines, however, that interference that significantly interrupts or 
degrades a radio service is being caused, it may, in accordance with the 
provisions of sections 303(f) and 316 of the Communications Act of 1934, 
as

[[Page 67]]

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

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997; 
63 FR 68944, Dec. 14, 1998; 70 FR 19308, Apr. 13, 2005]



Sec.  22.353  Blanketing interference.

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

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


The maximum effective radiated power in the pertinent direction, without 
consideration of the antenna's vertical radiation pattern or height, 
must be used in the formula.
    (c) Licensees are not required to resolve blanketing interference to 
mobile receivers or non-RF devices or blanketing interference occurring 
as a result of malfunctioning or mistuned receivers, improperly 
installed consumer antenna systems, or the use of high gain antennas or 
antenna booster amplifiers by consumers.
    (d) Licensees that install transmitting antennas at a location where 
there are already one or more transmitting antennas are responsible for 
resolving any new cases of blanketing interference in accordance with 
this section.
    (e) Two or more licensees that concurrently install transmitting 
antennas at the same location are jointly responsible for resolving 
blanketing interference cases, unless the FCC can readily determine 
which station is causing the interference, in which case

[[Page 68]]

the licensee of that station is held fully responsible.
    (f) After the one year period of responsibility to resolve 
blanketing interference, licensees must provide upon request technical 
information to complainants on remedies for blanketing interference.



Sec.  22.355  Frequency tolerance.

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

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


[61 FR 54099, Oct. 17, 1996]



Sec.  22.357  Emission types.

    Any authorized station in the Public Mobile Services may transmit 
emissions of any type(s) that comply with the applicable emission rule, 
i.e. Sec.  22.359, Sec.  22.861 or Sec.  22.917.

[70 FR 19308, Apr. 13, 2005]



Sec.  22.359  Emission limitations.

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

[70 FR 19308, Apr. 13, 2005]



Sec.  22.365  Antenna structures; air navigation safety.

    Licensees that own their antenna structures must not allow these 
antenna structures to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, each FCC permittee or licensee authorized to use an

[[Page 69]]

affected antenna structure will be held responsible by the FCC for 
ensuring that the antenna structure continues to meet the requirements 
of part 17 of this chapter. See Sec.  17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.

[61 FR 4365, Feb. 6, 1996]



Sec.  22.377  Certification of transmitters.

    Transmitters used in the Public Mobile Services, including those 
used with signal boosters, in-building radiation systems and cellular 
repeaters, must be certificated for use in the radio services regulated 
under this part. Transmitters must be certificated when the station is 
ready for service, not necessarily at the time of filing an application. 
The FCC may list as certificated only transmitters that are capable of 
meeting all technical requirements of the rules governing the service in 
which they will operate. The procedure for obtaining certification is 
set forth in part 2 of this chapter.

[78 FR 25174, Apr. 29, 2013]



Sec.  22.383  In-building radiation systems.

    Licensees may install and operate in-building radiation systems 
without applying for authorization or notifying the FCC, provided that 
the locations of the in-building radiation systems are within the 
protected service area of the licensee's authorized transmitter(s) on 
the same channel or channel block.

Subpart D [Reserved]



               Subpart E_Paging and Radiotelephone Service



Sec.  22.501  Scope.

    The rules in this subpart govern the licensing and operation of 
public mobile paging and radiotelephone stations. The licensing and 
operation of these stations are also subject to rules elsewhere in this 
part that apply generally to the Public Mobile Services. However, in 
case of conflict, the rules in this subpart govern.



Sec.  22.503  Paging geographic area authorizations.

    The FCC considers applications for and issues paging geographic area 
authorizations in the Paging and Radiotelephone Service in accordance 
with the rules in this section. Each paging geographic area 
authorization contains conditions requiring compliance with paragraphs 
(h) and (i) of this section.
    (a) Channels. The FCC may issue a paging geographic area 
authorization for any channel listed in Sec.  22.531 of this part or for 
any channel pair listed in Sec.  22.561 of this part.
    (b) Paging geographic areas. The paging geographic areas are as 
follows:
    (1) The Nationwide paging geographic area comprises the District of 
Columbia and all States, Territories and possessions of the United 
States of America.
    (2) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined 
below. EAs are defined by the Department of Commerce, Bureau of Economic 
Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114 
(March 10, 1995). MEAs are based on EAs. In addition to the Department 
of Commerce's 172 EAs, the FCC shall separately license Guam and the 
Northern Mariana Islands, Puerto Rico and the United States Virgin 
Islands, and American Samoa, which have been assigned FCC-created EA 
numbers 173-175, respectively, and MEA numbers 49-51, respectively.
    (3) The 51 MEAs are composed of one or more EAs as defined in the 
following table:

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

[[Page 70]]

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

    (c) Availability. The FCC may determine whether to issue a paging 
geographic area authorization for any specific channel or channel pair 
in any specific paging geographic area. The FCC may replace existing 
site specific authorizations for facilities on a channel or channel pair 
located in a paging geographic area with a paging geographic area 
authorization for that channel or channel pair, if in its sole 
discretion, the FCC determines that the public interest would be served 
by such replacement.
    (d) Filing windows. The FCC accepts applications for paging 
geographic area authorizations only during filing windows. The FCC 
issues Public Notices announcing in advance the dates of the filing 
windows, and the specific paging geographic areas and channels for which 
applications may be accepted.
    (e) One grant per geographic area. The FCC may grant one and only 
one application for a paging geographic area authorization for any 
specific channel or channel pair in any specific paging geographic area 
defined in paragraph (b) of this section. Selection from among mutually 
exclusive applications for a paging geographic area authorization will 
be made in accordance with the procedures in Sec. Sec.  22.131 and 
22.200 through 22.299. If after the selection process but prior to 
filing a ``long form'' application, a successful bidder decides to 
partition the paging geographic area, the FCC may require and accept 
multiple ``long form'' applications from the consortium members.
    (f) Exclusive right to expand. During the term of a paging 
geographic area authorization, the FCC does not accept, from anyone 
other than the paging geographic area licensee, any major application 
for authorization to operate a facility that would serve unserved area 
within the paging geographic area specified in that paging geographic 
area authorization, on the channel specified in that paging geographic 
area authorization, unless any extension of the interfering contour of 
the proposed facility falls:
    (1) Within the composite interfering contour of another licensee; 
or,
    (2) Into unserved area and the paging geographic area licensee 
consents to such extension.
    (g) Subsequent applications not accepted. During the term of a 
paging geographic area authorization, the FCC does not accept any 
application for authorization relating to a facility that is or would be 
located within the paging geographic area specified in that paging 
geographic area authorization, on the channel specified in that paging 
geographic area authorization, except in the following situations:

[[Page 71]]

    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
Sec.  1.1307 of this chapter. See Sec.  22.115(a)(5).
    (2) Specific international coordination procedures are required, 
prior to assignment of a channel to the facility, pursuant to a treaty 
or other agreement between the United States government and the 
government of Canada or Mexico. See Sec.  22.169.
    (3) The paging geographic area licensee or another licensee of a 
system within the paging geographic area applies to assign its 
authorization or for FCC consent to a transfer of control.
    (h) Adjacent geographic area coordination required. Before 
constructing a facility for which the interfering contour (as defined in 
Sec.  22.537 or Sec.  22.567 of this part, as appropriate for the 
channel involved) would extend into another paging geographic area, a 
paging geographic area licensee must obtain the consent of the relevant 
co-channel paging geographic area licensee, if any, into whose area the 
interfering contour would extend. Licensees are expected to cooperate 
fully and in good faith attempt to resolve potential interference 
problems before bringing matters to the FCC. In the event that there is 
no co-channel paging geographic area licensee from whom to obtain 
consent in the area into which the interfering contour would extend, the 
facility may be constructed and operated subject to the condition that, 
at such time as the FCC issues a paging geographic area authorization 
for that adjacent geographic area, either consent must be obtained or 
the facility modified or eliminated such that the interfering contour no 
longer extends into the adjacent geographic area.
    (i) Protection of existing service. All facilities constructed and 
operated pursuant to a paging geographic area authorization must provide 
co-channel interference protection in accordance with Sec.  22.537 or 
Sec.  22.567, as appropriate for the channel involved, to all authorized 
co-channel facilities of exclusive licensees within the paging 
geographic area. Non-exclusive licensees on the thirty-five exclusive 
929 MHz channels are not entitled to exclusive status, and will continue 
to operate under the sharing arrangements established with the exclusive 
licensees and other non-exclusive licensees that were in effect prior to 
February 19, 1997. MEA, EA, and nationwide geographic area licensees 
have the right to share with non-exclusive licensees on the thirty-five 
exclusive 929 MHz channels on a non-interfering basis.
    (j) Site location restriction. The transmitting antenna of each 
facility constructed and operated pursuant to a paging geographic area 
authorization must be located within the paging geographic area 
specified in the authorization.
    (k) Coverage requirements. Failure by an MEA or EA licensee to meet 
either the coverage requirements in paragraphs (k)(1) and (k)(2) of this 
section, or alternatively, the substantial service requirement in 
paragraph (k)(3) of this section, will result in automatic termination 
of authorizations for those facilities that were not authorized, 
constructed, and operating at the time the geographic area authorization 
was granted. MEA and EA licensees have the burden of showing when their 
facilities were authorized, constructed, and operating, and should 
retain necessary records of these sites until coverage requirements are 
fulfilled. For the purpose of this paragraph, to ``cover'' area means to 
include geographic area within the composite of the service contour(s) 
determined by the methods of Sec.  22.537 or Sec.  22.567 as appropriate 
for the particular channel involved. Licensees may determine the 
population of geographic areas included within their service contours 
using either the 1990 census or the 2000 census, but not both.
    (1) No later than three years after the initial grant of an MEA or 
EA geographic area authorization, the licensee must construct or 
otherwise acquire and operate sufficient facilities to cover one third 
of the population in the paging geographic area. The licensee must 
notify the FCC at the end of the three-year period pursuant to Sec.  
1.946 of this chapter, either that it has satisfied this requirement or 
that it plans to satisfy the alternative requirement to provide 
substantial service in accordance with paragraph (k)(3) of this section.

[[Page 72]]

    (2) No later than five years after the initial grant of an MEA or EA 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover two thirds of the 
population in the paging geographic area. The licensee must notify the 
FCC at the end of the five year period pursuant to Sec.  1.946 of this 
chapter, either that it has satisfied this requirement or that it has 
satisfied the alternative requirement to provide substantial service in 
accordance with paragraph (k)(3) of this section.
    (3) As an alternative to the coverage requirements of paragraphs 
(k)(1) and (k)(2) of this section, the paging geographic area licensee 
may demonstrate that, no later than five years after the initial grant 
of its paging geographic area authorization, it provides substantial 
service to the paging geographic area. ``Substantial service'' means 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.

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



Sec.  22.507  Number of transmitters per station.

    This section concerns the number of transmitters licensed under each 
station authorization in the Paging and Radiotelephone Service, other 
than paging geographic area authorizations.
    (a) Operationally related transmitters. Each station must have at 
least one transmitter. There is no limit to the number of transmitters 
that a station may comprise. However, transmitters within a station 
should be operationally related and/or should serve the same general 
geographical area. Operationally related transmitters are those that 
operate together as a system (e.g., trunked systems, simulcast systems), 
rather than independently.
    (b) Split of large systems. The FCC may split wide-area systems into 
two or more stations for administrative convenience. Except for 
nationwide paging and other operationally related transmitters, 
transmitters that are widely separated geographically are not licensed 
under a single authorization.
    (c) Consolidation of separate stations. The FCC may consolidate 
site-specific contiguous authorizations upon request (FCC Form 601) of 
the licensee, if appropriate under paragraph (a) of this section. Paging 
licensees may include remote, stand-alone transmitters under the single 
system-wide authorization, if the remote, stand-alone transmitter is 
linked to the system via a control/repeater facility or by satellite. 
Including a remote, stand-alone transmitter in a system-wide 
authorization does not alter the limitations provided under Sec.  
22.503(f) on entities other than the paging geographic area licensee. In 
the alternative, paging licensees may maintain separate site-specific 
authorizations for stand-alone or remote transmitters. The earliest 
expiration date of the authorizations that make up the single system-
wide authorization will determine the expiration date for the system-
wide authorization. Licensees must file timely renewal applications for 
site-specific authorizations included in a single system-wide 
authorization request until the request is approved. Renewal of the 
system-wide authorization will be subject to Sec.  1.949 of this 
chapter.
    (d) Replacement of site-by-site authorizations with single 
authorization. After a paging geographic area authorization for a 
channel has been issued, the FCC may, on its own motion, replace the 
authorization(s) of any other licensee (for facilities located within 
that paging geographic area on that channel) with a single replacement 
authorization.

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



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

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

[[Page 73]]

seek authorization to operate facilities on the same channel in the same 
area, or the technical proposals are otherwise in conflict. See Sec.  
22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to Sec.  
22.131(c)(3)(ii) and Sec.  22.131(c)(4).

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



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

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



Sec.  22.513  Partitioning and disaggregation.

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

[[Page 74]]

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

[64 FR 33784, June 24, 1999]

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, Sec.  22.513 was 
amended by removing paragraphs (f) and (g), effective Oct. 2, 2017.



Sec.  22.515  Permissible communications paths.

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



Sec.  22.527  Signal boosters.

    Licensees may install and operate signal boosters on channels listed 
in Sec.  22.531 only in accordance with the provisions of Sec.  22.165 
governing additional transmitters for existing systems. Licensees must 
not allow any signal booster that they operate to cause interference to 
the service or operation of any other authorized stations or systems.

[61 FR 31051, June 19, 1996]



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

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Paging and Radiotelephone 
Service contain required information as described in the instructions to 
the form. Site coordinates must be referenced to NAD83 and be correct to 
+ -1 second.
    (a) Administrative information. The following information, 
associated with Form 601, is required as indicated. Each application of 
any type, including applications for paging geographic area 
authorizations, must contain one and only one Schedule A.
    (1) The purpose of the filing is required for each application of 
any type.
    (2) The geographic area designator, channel and geographic area name 
are required only for each application for a paging geographic area 
authorization.
    (3) The FCC control point number, if any, the location (street 
address, city or town, state), the telephone number and an indication of 
the desired database action are required only for each application 
proposing to add or delete a control point.
    (4) The FCC location number, file number and location (street 
address, city or town, state) of authorized facilities that have not 
been constructed are required only for each application requesting an 
extension of time to construct those facilities.
    (b) Technical data. The following data, associated with FCC Form 
601, are required as indicated for each application. Applications for a 
paging geographic area authorization must not contain Schedule B. Other 
type of applications may contain as many Schedule Bs as are necessary 
for the intended purpose.
    (1) For each transmitting antenna site to be added, deleted or 
modified, the following are required: an indication of the desired 
database action, the Commission location number, if any, the street 
address or other description of the transmitting antenna site, the city, 
county and state, the geographic coordinates (latitude and longitude), 
correct to 1 second, of the transmitting antenna 
site (NAD83), and in the case of a proposed relocation of a transmitting 
antenna, the Commission location number and geographic coordinates, 
correct to 1 second, of the transmitting antenna 
site (NAD83) to which the geographic coordinates of the current location 
are referenced.
    (2) For each transmitting antenna site to be added, deleted or 
modified,

[[Page 75]]

the following supplementary information is required: An indication as to 
whether or not the transmitting antenna site is within 200 kilometers 
(124 miles) of the U.S.-Mexico border, and an indication as to whether 
or not the transmitting antenna site is North of Line A or East of Line 
C. Line A and Line C are defined in Sec.  2.1 of this chapter. For each 
adjacent geographic area within 200 kilometers (124 miles) of each 
transmitting antenna site to be added, deleted or modified, the 
geographic area designator and name, and the shortest distance (in 
kilometers) to the boundary of that geographic area.
    (3) The height (in meters) above average terrain of the center of 
radiation of the antenna, the beamwidth of the main lobe of the 
horizontal radiation pattern of the electric field of the antenna, the 
height (in meters) to the tip of the antenna above ground level, a polar 
plot of the horizontal gain pattern of the antenna, the antenna gain in 
the maximum lobe and the electric field polarization of the wave emitted 
by the antenna when installed as proposed.
    (i) The center frequency of the requested channel, the transmitter 
classification (e.g. base, fixed mobile), the designator for any non-
standard emission type to be used, including bandwidth and modulation 
type, and the maximum effective radiated power.
    (ii) For each of the eight cardinal radials, the antenna height 
above the average elevation along the radial, and the effective radiated 
power of each transmitter in the direction of the radial.
    (iii) For each transmitter proposed to transmit on a channel 
reserved for point-to-multipoint operation involving transmission to 
four or more points of communications (i.e. base transmitters), the 
following is required for each point of communication: an indication of 
the desired database action, the location (city or town, state), and the 
geographical coordinates (latitude and longitude, NAD 83).
    (c) Upon request by an applicant, licensee, or the Commission, a 
part 22 applicant or licensee of whom the request is made shall furnish 
the antenna type, model, and the name of the antenna manufacturer to the 
requesting party within ten (10) days of receiving written notification.

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

                            Paging Operation



Sec.  22.531  Channels for paging operation.

    The following channels are allocated for assignment to base 
transmitters that provide paging service, either individually or 
collectively under a paging geographic area authorization. Unless 
otherwise indicated, all channels have a bandwidth of 20 kHz and are 
designated by their center frequencies in MegaHertz.

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

    (a)-(b) [Reserved]
    (c) Upon application using FCC Form 601, common carriers may be 
authorized to provide one-way paging service using the leased subcarrier 
facilities of broadcast stations licensed under part 73 of this chapter.
    (d) Occasionally in case law and other formal and informal 
documents, the low VHF channels have been referred to as ``lowband'' 
channels, and the high VHF channels have been referred to as 
``guardband'' channels.
    (e) Pursuant to the U.S.-Canada Interim Coordination Considerations 
for 929-932 MHz, as amended, only the following UHF channels may be 
assigned in the continental United States North of Line A or in the 
State of Alaska

[[Page 76]]

East of Line C, within the indicated longitudes:
    (1) From longitude W.73[deg] to longitude W.75[deg] and from 
longitude W.78[deg] to longitude W.81[deg]:

931.0125           931.1125           931.1875          931.2625
931.0375           931.1375           931.2125          931.8625
931.0625           931.1625           931.2375
 

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

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

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

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

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

931.4375           931.8875           931.9125          931.9375
 

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

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
62 FR 11635, Mar. 12, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, 
June 24, 1999; 70 FR 19309, Apr. 13, 2005]



Sec.  22.535  Effective radiated power limits.

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

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

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed 500 
Watts.
    (c) Height-power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed the 
amount that would result in an average distance to the service contour 
of 32.2 kilometers (20 miles). The average distance to the service 
contour is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec.  22.537 for the eight 
cardinal radial directions, excluding cardinal radial directions for 
which 90% or more of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Transmitters are exempt 
from the basic power and height-power limits of this section if the area 
within their interfering contours is totally encompassed by the 
interfering contours of operating co-channel base transmitters 
controlled by the same licensee. For the purpose of this paragraph, 
operating transmitters are authorized transmitters that are providing 
service to subscribers.
    (e) Adjacent channel protection. The ERP of transmitters must not 
exceed 500 Watts if they:
    (1) Transmit on a channel in the 152-159 MHz frequency range and are 
located less than 5 kilometers (3.1 miles) from any station licensed in 
the Private Radio Services that receives on an adjacent channel; or,
    (2) Transmit on channel 158.10 or 158.70 MHz and are located less 
than 5 kilometers (3.1 miles) from any station licensed in the Public 
Mobile Services that receives on either of the following adjacent 
channels: 158.07 MHz or 158.67 MHz.
    (f) Signal boosters. The effective radiated power of signal boosters 
must not exceed 5 watts ERP under any normal operating condition.

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



Sec.  22.537  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the

[[Page 77]]

channels listed in Sec.  22.531. These criteria permit channel 
assignments to be made in a manner such that reception by public paging 
receivers of signals from base transmitters, within the service area of 
such base transmitters, is protected from interference caused by the 
operation of independent co-channel base transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless that carrier 
has agreed in writing to accept any interference that may result from 
operation of the proposed transmitter; and,
    (2) The service contour of the proposed transmitter does not overlap 
the interfering contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless the applicant 
agrees to accept any interference that may result from operation of the 
protected co-channel transmitter; and,
    (3) The area and/or population to which service would be provided by 
the proposed transmitter is substantial, and service gained would exceed 
that lost as a result of agreements to accept interference.
    (b) Protected transmitter. For the purposes of this section, 
protected transmitters are authorized transmitters for which there is a 
current FCC public record and transmitters proposed in prior-filed 
pending applications.
    (c) VHF service contour. For paging stations transmitting on the VHF 
channels, the distance from the transmitting antenna to the service 
contour along each cardinal radial is calculated as follows:

d = 1.243 x h\0.40\ x p\0.20\

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

    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (c) 
of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5[deg] intervals.
    (d) VHF interfering contour. For paging stations transmitting on the 
VHF channels, the distance from the transmitting antenna to the 
interfering contour along each cardinal radial is calculated as follows:

d = 6.509 x h\0.28\ x p\0.17\

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

    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. In resolving petitions to deny, however, the FCC may calculate 
the distance to the interfering contour using the formula in paragraph 
(d) of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5[deg] intervals.
    (e) 931 MHz service contour. For paging stations transmitting on the 
931 MHz channels, the service contour is a circle, centered on the 
transmitting antenna, with a radius determined from Table E-1 of this 
section.

[[Page 78]]



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

    (f) 931 MHz interfering contour. For paging stations transmitting on 
the 931 MHz channels, the interfering contour is a circle, centered on 
the transmitting antenna, with a radius determined from Table E-2 of 
this section.

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

    (g) In-building radiation systems. The locations of in-building 
radiation systems must be within the service contour(s) of the 
licensee's authorized transmitter(s) on the same channel. In-building 
radiation systems are not protected facilities, and therefore do not 
have service or interfering contours.
    (h) Signal boosters on 931 MHz channels. For the purpose of 
compliance with Sec.  22.165 and notwithstanding paragraphs (e) and (f) 
of this section, signal boosters operating on the 931 MHz channels with 
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as 
a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and 
as an interfering contour a circle with a radius of 10 kilometers (6.2 
miles).

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



Sec.  22.559  Paging application requirements.

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

[[Page 79]]

with Sec.  22.537 with regard to protected transmitters is required for 
applications to operate a transmitter on the VHF channels. This exhibit 
must:
    (1) Identify each protected transmitter located within 109 
kilometers (68 miles) of the proposed transmitter in directions in which 
the distance to the interfering contour is 76.5 kilometers (47.5 miles) 
or less, and within 178 kilometers (111 miles) of the proposed 
transmitter in directions in which the distance to the interfering 
contour exceeds 76.5 kilometers (47.5 miles).
    (2) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (b) Encompassment exhibit. An exhibit showing that the area within 
the interfering contour of the proposed transmitter would be totally 
encompassed by interfering contours of operating co-channel base 
transmitters controlled by the applicant is required for applications to 
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec.  22.535. For VHF transmitters, this encompassment 
exhibit may substitute for the interference exhibit required in 
paragraph (a) of this section.

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

                   One-way or Two-way Mobile Operation



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

    The following channels are allocated for paired assignment to 
transmitters that provide (or support other transmitters that provide) 
one-way or two-way public land mobile service, either individually or 
collectively under a paging geographic area authorization. The paging 
geographic areas used for these channels are the EAs (see Sec.  
22.503(b)(3)). These channels may be assigned for use by mobile or base 
transmitters as indicated, and or by fixed transmitters (including 
control, repeater or other fixed transmitters). The mobile channels may 
also be assigned for use by base or fixed transmitters under certain 
circumstances (see Sec.  22.567(h)). Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.

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


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



Sec.  22.565  Transmitting power limits.

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

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


[[Page 80]]

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of base transmitters must not exceed 500 Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of base transmitters must not exceed the amount that 
would result in an average distance to the service contour of 41.6 
kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for 
UHF channels. The average distance to the service contour is calculated 
by taking the arithmetic mean of the distances determined using the 
procedures specified in Sec.  22.567 for the eight cardinal radial 
directions, excluding cardinal radial directions for which 90% or more 
of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Base transmitters are 
exempt from the basic power and height-power limits of this section if 
the area within their interfering contours is totally encompassed by the 
interfering contours of operating co-channel based transmitters 
controlled by the same licensee. For the purpose of this paragraph, 
operating transmitters are authorized transmitters that are providing 
service to subscribers.
    (e) Adjacent channel protection. The ERP of base and fixed 
transmitters must not exceed 500 Watts if they transmit on channel 
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any 
Private Radio Services station receiving on adjacent channel 454.0000 
MHz.
    (f) Mobile transmitters. The transmitter output power of mobile 
transmitters must not exceed 60 watts.

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



Sec.  22.567  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec.  22.561. The criteria in paragraphs (a) 
through (f) of this section permit channel assignments to be made in a 
manner such that reception by public mobile receivers of signals from 
base transmitters, within the service area of such base transmitters, is 
protected from interference caused by the operation of independent co-
channel base and fixed transmitters in the Paging and Radiotelephone 
Service and central office stations, including Basic Exchange Telephone 
Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional 
criteria in paragraph (g) of this section permit channel assignments to 
be made in a manner such that BETRS communications are protected from 
interference caused by the operation of independent co-channel base and 
fixed transmitters in the Paging and Radiotelephone Service and other 
central office stations in the Rural Radiotelephone Service. Separate 
criteria in paragraph (h) of this section apply only to assignment of 
the channels designated in Sec.  22.561 as mobile channels to base and 
fixed transmitters, and permit these channel assignments to be made in a 
manner such that reception by public base and fixed receivers of signals 
from associated mobile and fixed transmitters is protected from 
interference caused by the operation of independent co-channel base and 
fixed transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base, fixed or central office 
station transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless that carrier 
has agreed in writing to accept any interference that may result from 
operation of the proposed transmitter; and
    (2) The service contour of the proposed transmitter does not overlap 
the interfering contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless the application 
contains a statement that the applicant agrees to accept any 
interference that may result from operation of the protected co-channel 
transmitter; and
    (3) The area and/or population to which service would be provided by 
the proposed transmitter is substantial, and service gained would exceed 
that lost as a result of agreements to accept interference.

[[Page 81]]

    (b) Protected transmitter. For the purposes of this section, 
protected transmitters are authorized transmitters for which there is a 
current FCC public record and transmitters proposed in prior-filed 
pending applications, in the Paging and Radiotelephone Service and the 
Rural Radiotelephone Service.
    (c) VHF service contour. For base stations transmitting on the VHF 
channels, the radial distance from the transmitting antenna to the 
service contour along each cardinal radial is calculated as follows:

d = 1.609 x h\0.40\ x p\0.20\

where:

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

    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (c) 
of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5[deg] intervals.
    (d) VHF interfering contour. For base and fixed stations 
transmitting on the VHF channels, the radial distance from the 
transmitting antenna to the interfering contour along each cardinal 
radial is calculated as follows:
    (1) If the radial antenna HAAT is less than 150 meters:

d = 8.577 x h\0.24\ x p\0.19\

where:

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

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula.
    (2) If the radial antenna HAAT is 150 meters or more:

d = 12.306 x h\0.23\ x p\0.14\

where:

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

    (3) The value used for p in the above formulas must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (4) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the interfering contour using the appropriate formula in 
paragraph (d) of this section with actual HAAT and ERP data for the 
inter-station radial and additional radials above and below the inter-
station radial at 2.5[deg] intervals.
    (e) UHF service contour. For base stations transmitting on the UHF 
channels, the radial distance from the transmitting antenna to the 
service contour along each cardinal radial is calculated as follows:

d = 1.726 x h\0.35\ x p\0.18\

where:

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

    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (e) 
of this section with actual HAAT and ERP data for the inter-station 
radial

[[Page 82]]

and addition radials above and below the below the inter-station radial 
at 2.5[deg] intervals.
    (f) UHF interfering contour. For base and fixed stations 
transmitting on the UHF channels, the radial distance from the 
transmitting antenna to the interfering contour along each cardinal 
radial is calculated as follows:
    (1) If the radial antenna HAAT is less than 150 meters:

d = 9.471 x h\0.23\ x p\0.15\

where:

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

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula.
    (2) If the radial antenna HAAT is 150 meters or more:

d = 6.336 x h\0.31\ x p\0.15\

where:

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

    (3) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (4) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the interfering contour using the appropriate formula in 
paragraph (f) of this section with actual HAAT and ERP data for the 
inter-station radial and additional radials above and below the inter-
station radial at 2.5[deg] intervals.
    (g) Protection for BETRS. In applying the provisions of paragraph 
(a) of this section, if either or both of the transmitters involved is a 
BETRS central office station, the following contour substitutions must 
be used:
    (1) The service contour of the BETRS central office station(s) is a 
circle, centered on the central office station antenna, with a radius of 
40 kilometers (25 miles).
    (2) The interfering contour of any station of any type, when 
determining whether it would overlap the service contour of a BETRS 
central office station, is calculated as follows:

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

where:

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

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula. The value used for p in 
the above formula must not be less than 27 dB less than the maximum ERP 
in any direction, or 0.1 Watt, whichever is more.
    (h) Assignment of mobile channels to base or fixed transmitters. 
Mobile channels may be assigned to base or fixed transmitters if the 
following criteria are met:
    (1) The paired base channel, as designated in Sec.  22.561, is 
assigned to base transmitters in the same geographical area operated by 
the same licensee.
    (2) The authorization is granted subject to the condition that no 
interference be caused to fixed receivers in use on or prior to the date 
of the grant.



Sec.  22.571  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a two-way 
service in the Paging and Radiotelephone Service, when receiving service 
from that station, are considered to be operating under the 
authorization of that station. Licensees are responsible for exercising 
effective operational control over mobile stations receiving service 
through their stations. Mobile stations that are subscribers in good 
standing to a two-way service in the Paging and Radiotelephone Service, 
while receiving service from a different station, are considered to be 
operating under the authorization of such different station. The 
licensee of such different station is responsible, during such temporary 
period, for exercising effective operational control over such mobile 
stations as if they were subscribers to it.

[[Page 83]]



Sec.  22.573  Use of base transmitters as repeaters.

    As an additional function, base transmitters may be used as 
repeaters. Licensees must be able to turn the base transmitter on or off 
from the control point regardless of whether a subscriber-operated 
transmitter is transmitting.



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

    Carriers may remotely control station functions (e.g. shut down or 
reactivate base transmitters, turn aviation obstruction warning lights 
on or off, etc.) using a control transmitter operating on a mobile 
channel, subject to the conditions in this section and in Sec.  
22.567(h).
    (a) The control transmitter must be capable of overriding 
transmissions from subscriber-operated transmitters if necessary. 
Subscriber-operated transmitters must not be capable of being used to 
deliberately or accidentally prevent the licensee from controlling the 
station.
    (b) The licensee must implement measures designed to prevent station 
functions from being controlled by persons not authorized by the 
licensee to control the station.
    (c) The control transmitter location must be within the composite 
service contour of the licensee's authorized station on the paired base 
channel.



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

    Mobile stations licensed by Canada may receive two-way service while 
in the United States from stations licensed under this part, after 
authorization has been granted by the FCC. Mobile stations that normally 
operate under the authority of base stations licensed under this part 
may receive two-way service while in Canada from stations licensed under 
this part or by Canada, upon authorization by Canada.



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

    In addition to information required by subparts B and D and Sec.  
22.529, applications for authorization to operate a paging transmitter 
on the channels listed in Sec.  22.531, other than applications for a 
paging geographic area authorization, must contain the applicable 
supplementary information described in this section.
    (a) Interference exhibit. Except as provided in paragraph (b) of 
this section, an exhibit demonstrating compliance with Sec.  22.567 with 
regard to protected transmitters is required. This exhibit must:
    (1) For UHF channels, identify each protected transmitter located 
within 108 kilometers (67 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 76.4 
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) 
of the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify 
each protected Basic Exchange Telephone Radio System central office 
transmitter in the Rural Radiotelephone Service within 231 kilometers 
(144 miles),
    (2) For VHF channels, identify each protected transmitter located 
within 135 kilometers (84 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 93.3 
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of 
the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (b) Encompassment exhibit. An exhibit showing that the area within 
the interfering contour of the proposed transmitter would be totally 
encompassed by interfering contours of operating co-channel base 
transmitters controlled by the applicant is required for applications to 
operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec.  22.565. This encompassment exhibit may substitute

[[Page 84]]

for the interference exhibit required in paragraph (a) of this section.

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

                        Point-to-Point Operation



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

    The following channels are allocated for assignment to fixed 
transmitters that support other transmitters that provide public mobile 
service. Unless otherwise indicated, all channels have a bandwidth of 20 
kHz and are designated by their center frequencies in MegaHertz.

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



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

    (a) The 72-76 MHz channels may be used in point-to-multipoint 
configurations. The 72-76 MHz channels are also allocated for assignment 
in the Private Radio Services (see part 90 of this chapter).
    (b) [Reserved]
    (c) Channels in the frequency ranges 488.250-490.750 and 491.250-
493.750 MHz may be assigned only to inter-island fixed stations located 
in the State of Hawaii.

[59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 70 
FR 19309, Apr. 13, 2005; 78 FR 25174, Apr. 29, 2013]



Sec.  22.593  Effective radiated power limits.

    The effective radiated power of fixed stations operating on the 
channels listed in Sec.  22.591 must not exceed 150 Watts. The 
equivalent isotropically radiated power of existing fixed microwave 
stations (2110-2130 and 2160-2180 MHz) licensed under this part 
(pursuant to former rules) must not exceed the applicable limits set 
forth in Sec.  101.113 of this chapter.

[70 FR 19309, Apr. 13, 2005]



Sec.  22.601  Existing microwave stations licensed under this part.

    Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed 
under this part (pursuant to former rules) are subject to the transition 
rules in Sec.  22.602. No new microwave systems will be authorized under 
this part.
    (a) Coordination required. Before filing applications for authority 
to modify existing stations on these channels or major amendments to 
such applications, carriers must coordinate the planned channel usage, 
using the procedure outlined in Sec.  22.150, with affected parties in 
this radio service and the Point-to-Point Microwave Service and the 
Multipoint Distribution Service. Affected parties are licensees and 
other applicants with previously filed pending applications whose 
stations could affect or be affected by the proposed modification of the 
existing station in terms of interference.
    (b) System parameters. In designing a system modification, the 
applicant must select sites, equipment and channels that will avoid 
harmful interference to other users. All parties must cooperate fully 
and make reasonable efforts to resolve technical problems and conflicts 
that may inhibit the most effective and efficient use of the radio 
spectrum; however, a party receiving notification is not obligated to 
suggest changes or re-design a proposal in cases involving conflicts. 
The applicant must identify in the application

[[Page 85]]

all parties with which the technical proposal was coordinated. In the 
event that technical problems are not resolved or if an affected party 
does not respond to coordination efforts within 30 days after 
notification, an explanation must be contained in the application. Where 
technical conflicts are resolved by an agreement between the parties 
that requires special procedures to reduce the likelihood of harmful 
interference (such as the use of artificial site shielding), or would 
result in a reduction of quality or capacity of either system, the 
details thereof must be contained in the application.
    (c) Bandwidth. Applicants must request the minimum emission 
bandwidth necessary. The FCC does not authorize bandwidths larger than 
800 kHz under this part.

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



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

    The 2110-2130 and 2160-2180 MHz microwave channels formerly listed 
in Sec.  22.591 have been re-allocated for use by emerging technologies 
(ET) services. No new systems will be authorized under this part. The 
rules in this section provide for a transition period during which 
existing Paging and Radiotelephone Service (PARS) licensees using these 
channels may relocate operations to other media or to other fixed 
channels, including those in other microwave bands. For PARS licensees 
relocating operations to other microwave bands, authorization must be 
obtained under part 101 of this chapter.
    (a) Licensees proposing to implement ET services may negotiate with 
PARS licensees authorized to use these channels, for the purpose of 
agreeing to terms under which the PARS licensees would--
    (1) Relocate their operations to other fixed microwave bands or 
other media, or alternatively,
    (2) Accept a sharing arrangement with the ET licensee that may 
result in an otherwise impermissible level of interference to the PARS 
operations.
    (b) [Reserved]
    (c) Relocation of fixed microwave licensees in the 2110-2130 MHz and 
2160-2180 MHz bands will be subject to mandatory negotiations only. A 
separate mandatory negotiation period will commence for each fixed 
microwave licensee when an ET licensee informs that fixed microwave 
licensee in writing of its desire to negotiate. Mandatory negotiation 
periods are defined as follows:
    (1) Non-public safety incumbents will have a two-year mandatory 
negotiation period; and
    (2) Public safety incumbents will have a three-year mandatory 
negotiation period.
    (d) The mandatory negotiation period is triggered at the option of 
the ET licensee. Once mandatory negotiations have begun, a PARS licensee 
may not refuse to negotiate and all parties are required to negotiate in 
good faith. Good faith requires each party to provide information to the 
other that is reasonably necessary to facilitate the relocation process. 
In evaluating claims that a party has not negotiated in good faith, the 
FCC will consider, inter alia, the following factors:
    (1) Whether the ET licensee has made a bona fide offer to relocate 
the PARS licensee to comparable facilities in accordance with Section 
101.75(b) of this chapter;
    (2) If the PARS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as system-wide relocations and analog-to-digital conversions, 
versus other types of premiums), and whether the value of the premium as 
compared to the cost of providing comparable facilities is 
disproportionate (i.e., whether there is a lack of proportion or 
relation between the two);
    (3) What steps the parties have taken to determine the actual cost 
of relocation to comparable facilities;
    (4) Whether either party has withheld information requested by the 
other party that is necessary to estimate relocation costs or to 
facilitate the relocation process. Any party alleging a violation of our 
good faith requirement must attach an independent estimate of the 
relocation costs in question to any documentation filed with the 
Commission in support of its claim. An

[[Page 86]]

independent cost estimate must include a specification for the 
comparable facility and a statement of the costs associated with 
providing that facility to the incumbent licensee.
    (e) Involuntary period. After the end of the mandatory negotiation 
period, ET licensees may initiate involuntary relocation procedures 
under the Commission's rules. ET licensees are obligated to pay to 
relocate only the specific microwave links to which their systems pose 
an interference problem. Under involuntary relocation, a PARS licensee 
is required to relocate, provided that:
    (1) The ET applicant, provider, licensee or representative 
guarantees payment of relocation costs, including all engineering, 
equipment, site and FCC fees, as well as any legitimate and prudent 
transaction expenses incurred by the PARS licensee that are directly 
attributable to an involuntary relocation, subject to a cap of two 
percent of the hard costs involved. Hard costs are defined as the actual 
costs associated with providing a replacement system, such as equipment 
and engineering expenses. ET licensees are not required to pay PARS 
licensees for internal resources devoted to the relocation process. ET 
licensees are not required to pay for transaction costs incurred by PARS 
licensees during the voluntary or mandatory periods once the involuntary 
period is initiated or for fees that cannot be legitimately tied to the 
provision of comparable facilities;
    (2) The ET applicant, provider, licensee or representative completes 
all activities necessary for implementing the replacement facilities, 
including engineering and cost analysis of the relocation procedure and, 
if radio facilities are involved, identifying and obtaining, on the 
incumbents behalf, new channels and frequency coordination; and,
    (3) The ET applicant, provider, licensee or representative builds 
the replacement system and tests it for comparability with the existing 
2 GHz system.
    (f) Comparable Facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing PARS system with respect to the following three factors:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. If 
analog facilities are being replaced with analog, the ET licensee is 
required to provide the PARS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the ET licensee must provide the PARS licensee with equivalent data 
loading bits per second (bps). ET licensees must provide PARS licensees 
with enough throughput to satisfy the PARS licensee's system use at the 
time of relocation, not match the total capacity of the PARS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. ET licensees must 
provide PARS licensees with reliability equal to the overall reliability 
of their system. For digital data systems, reliability is measured by 
the percent of time the bit error rate (BER) exceeds a desired value, 
and for analog or digital voice transmissions, it is measured by the 
percent of time that audio signal quality meets an established 
threshold. If an analog voice system is replaced with a digital voice 
system, only the resulting frequency response, harmonic distortion, 
signal-to-noise ratio and its reliability will be considered in 
determining comparable reliability.
    (3) Operating Costs. Operating costs are the cost to operate and 
maintain the PARS system. ET licensees must compensate PARS licensees 
for any increased recurring costs associated with the replacement 
facilities (e.g. additional rental payments, increased utility fees) for 
five years after relocation. ET licensees may satisfy this obligation by 
making a lump-sum payment based on present value using current interest 
rates. Additionally, the maintenance costs to the PARS licensee must be 
equivalent to the 2 GHz system in order for the replacement system to be 
considered comparable.
    (g) The PARS licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to make 
adjustments, determine

[[Page 87]]

comparability, and ensure a seamless handoff.
    (h) [Reserved]
    (i) After April 25, 1996, all major modifications and extensions to 
existing PARS systems operating on channels in the 2110-2130 and 2160-
2180 MHz bands will be authorized on a secondary basis to future ET 
operations. All other modifications will render the modified PARS 
license secondary to future ET operations unless the incumbent 
affirmatively justifies primary status and the incumbent PARS licensee 
establishes that the modification would not add to the relocation costs 
of ET licensees. Incumbent PARS licensees will maintain primary status 
for the following technical changes:
    (1) Decreases in power;
    (2) Minor changes (increases or decreases) in antenna height;
    (3) Minor location changes (up to two seconds);
    (4) Any data correction which does not involve a change in the 
location of an existing facility;
    (5) Reductions in authorized bandwidth;
    (6) Minor changes (increases or decreases) in structure height;
    (7) Changes (increases or decreases) in ground elevation that do not 
affect centerline height;
    (8) Minor equipment changes.
    (j) Sunset. PARS licensees will maintain primary status in the 2110-
2130 MHz and 2160-2180 MHz bands unless and until an ET licensee 
requires use of the spectrum. ET licensees are not required to pay 
relocation costs after the relocation rules sunset (i.e., for the 2110-
2130 MHz and 2160-2180 MHz bands, ten years after the first ET license 
is issued in the respective band). Once the relocation rules sunset, an 
ET licensee may require the incumbent to cease operations, provided that 
the ET licensee intends to turn on a system within interference range of 
the incumbent, as determined by TIA TSB 10-F or any standard successor. 
ET licensee notification to the affected PARS licensee must be in 
writing and must provide the incumbent with no less than six months to 
vacate the spectrum. After the six-month notice period has expired, the 
PARS licensee must turn its license back into the Commission, unless the 
parties have entered into an agreement which allows the PARS licensee to 
continue to operate on a mutually agreed upon basis. If the parties 
cannot agree on a schedule or an alternative arrangement, requests for 
extension will be accepted and reviewed on a case-by-case basis. The 
Commission will grant such extensions only if the incumbent can 
demonstrate that:
    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available), and;
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).
    (k) Reimbursement and relocation expenses in the 2110-2130 MHz and 
2160-2180 MHz bands. Whenever an ET licensee in the 2110-2130 MHz and 
2160-2180 MHz band relocates a paired PARS link with one path in the 
2110-2130 MHz band and the paired path in the 2160-2180 MHz band, the ET 
license will be entitled to reimbursement pursuant to the procedures 
described in Sec. Sec.  27.1160 through 27.1174 of this chapter.

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



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

    Before filing applications for authorization of inter-island control 
and/or repeater stations, applicants must coordinate the planned channel 
usage with existing licensees and other applicants with previously filed 
applications, using the procedure outlined in Sec.  22.150. Applicants 
and licensees shall cooperate fully and make reasonable efforts to 
resolve any channel usage conflicts. In situations where technical 
solutions to such conflicts cannot be devised, the FCC may select a 
channel or channels to assign or may designate the application(s) for 
hearing. To be acceptable for filing, applications and major technical 
amendments must contain a certification that coordination has been 
completed and an exhibit listing the name(s) of the licensees and 
applicants with which the planned channel usage has been coordinated.

[[Page 88]]

                      Point-to-Multipoint Operation



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

    The following channels are allocated for assignment to transmitters 
utilized within point-to-multipoint systems that support transmitters 
that provide public mobile service. Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz. No new licenses will be issued for any 900 MHz 
frequencies in this section. See part 101, subpart O of this chapter for 
treatment of incumbents and for new licensing procedures. Incumbents 
under part 22 are subject to the restrictions of part 101, subpart O of 
this chapter but may make permissible modifications, transfers, 
assignments, or renew their licenses using procedures, forms, fees, and 
filing requirements of part 22.

                           Public Mobile Pool
 
                           (25 kHz bandwidth)
 
928.8625........................  959.8625  928.9375..........  959.9375
928.8875........................  959.8875  928.9625..........  959.9625
928.9125........................  959.9125  928.9875..........  959.9875
 
                          (12.5 kHz bandwidth)
 
928.85625.......................  959.8562  928.93125.........  959.9312
                                   5                             5
928.86875.......................  959.8687  928.94375.........  959.9437
                                   5                             5
928.88125.......................  959.8812  928.95625.........  959.9562
                                   5                             5
928.89375.......................  959.8937  928.96875.........  959.9687
                                   5                             5
928.90625.......................  959.9062  928.98125.........  959.9812
                                   5                             5
928.91875.......................  959.9187  928.99375.........  959.9937
                                   5                             5
 
                    Private Radio General Access Pool
 
                           (25 kHz bandwidth)
 
956.2625........................  956.3125  956.3625..........  956.4125
956.2875........................  956.3375  956.3875..........  956.4375
 
928.0125........................  952.0125  928.1875..........  952.1875
928.0375........................  952.0375  928.2125..........  952.2125
928.0625........................  952.0625  928.2375..........  952.2375
928.0875........................  952.0875  928.2625..........  952.2625
928.1125........................  952.1125  928.2875..........  952.2875
928.1375........................  952.1375  928.3125..........  952.3125
928.1625........................  952.1625  928.3375..........  952.3375
 
                          (12.5 kHz bandwidth)
 
956.25625.......................  956.3062  956.35625.........  956.4062
                                   5                             5
956.26875.......................  956.3187  956.36875.........  956.4187
                                   5                             5
956.28125.......................  956.3312  956.38125.........  956.4312
                                   5                             5
956.29375.......................  956.3437  956.39375.........  956.4437
                                   5                             5
 
928.00625.......................  952.0062  928.18125.........  952.1812
                                   5                             5
928.01875.......................  952.0187  928.19375.........  952.1937
                                   5                             5
928.03125.......................  952.0312  928.20625.........  952.2062
                                   5                             5
928.04375.......................  952.0437  928.21875.........  952.2187
                                   5                             5
928.05625.......................  952.0562  928.23125.........  952.2312
                                   5                             5
928.06875.......................  952.0687  928.24375.........  952.2437
                                   5                             5
928.08125.......................  952.0812  928.25625.........  952.2562
                                   5                             5
928.09375.......................  952.0937  928.26875.........  952.2687
                                   5                             5
928.10625.......................  952.1062  928.28125.........  952.2812
                                   5                             5
928.11875.......................  952.1187  928.29375.........  952.2937
                                   5                             5
928.13125.......................  952.1312  928.30625.........  952.3062
                                   5                             5
928.14375.......................  952.1437  928.31875.........  952.3187
                                   5                             5
928.15625.......................  952.1562  928.33125.........  952.3312
                                   5                             5
928.16875.......................  952.1687  928.34375.........  952.3437
                                   5                             5
 
                        Private Radio Power Pool
 
                           (25 kHz bandwidth)
 
928.3625........................  952.3625  928.6125..........  952.6125
928.3875........................  952.3875  928.6375..........  952.6375
928.4125........................  952.4125  928.6625..........  952.6625
928.4375........................  952.4375  928.6875..........  952.6875
928.4625........................  952.4625  928.7125..........  952.7125
928.4875........................  952.4875  928.7375..........  952.7375
928.5125........................  952.5125  928.7625..........  952.7625
928.5375........................  952.5375  928.7875..........  952.7875
928.5625........................  952.5625  928.8125..........  952.8125
928.5875........................  952.5875  928.8375..........  952.8375
 
                          (12.5 kHz bandwidth)
 
928.35625.......................  952.3562  928.60625.........  952.6062
                                   5                             5
928.36875.......................  952.3687  928.61875.........  952.6187
                                   5                             5
928.38125.......................  952.3812  928.63125.........  952.6312
                                   5                             5
928.39375.......................  952.3937  928.64375.........  952.6437
                                   5                             5
928.40625.......................  952.4062  928.65625.........  952.6562
                                   5                             5
928.41875.......................  952.4187  928.66875.........  952.6687
                                   5                             5
928.43125.......................  952.4312  928.68125.........  952.6812
                                   5                             5
928.44375.......................  952.4437  928.69375.........  952.6937
                                   5                             5
928.45625.......................  952.4562  928.70625.........  952.7062
                                   5                             5
928.46875.......................  952.4687  928.71875.........  952.7187
                                   5                             5
928.48125.......................  952.4812  928.73125.........  952.7312
                                   5                             5
928.49375.......................  952.4937  928.74375.........  952.7437
                                   5                             5
928.50625.......................  952.5062  928.75625.........  952.7562
                                   5                             5
928.51875.......................  952.5187  928.76875.........  952.7687
                                   5                             5
928.53125.......................  952.5312  928.78125.........  952.7812
                                   5                             5
928.54375.......................  952.5437  928.79375.........  952.7937
                                   5                             5
928.55625.......................  952.5562  928.80625.........  952.8062
                                   5                             5
928.56875.......................  952.5687  928.81875.........  952.8187
                                   5                             5
928.58125.......................  952.5812  928.83125.........  952.8312
                                   5                             5
928.59375.......................  952.5937  928.84375.........  952.8437
                                   5                             5
 
                 Public, Private, Government Shared Pool
 
                          (12.5 kHz bandwidth)
 
932.00625.......................  941.0062  932.25625.........  941.2562
                                   5                             5
932.01875.......................  941.0187  932.26875.........  941.2687
                                   5                             5
932.03125.......................  941.0312  932.28125.........  941.2812
                                   5                             5
932.04375.......................  941.0437  932.29375.........  941.2937
                                   5                             5
932.05625.......................  941.0562  932.30625.........  941.3062
                                   5                             5
932.06875.......................  941.0687  932.31875.........  941.3187
                                   5                             5
932.08125.......................  941.0812  932.33125.........  941.3312
                                   5                             5
932.09375.......................  941.0937  932.34375.........  941.3437
                                   5                             5
932.10625.......................  941.1062  932.35625.........  941.3562
                                   5                             5
932.11875.......................  941.1187  932.36875.........  941.3687
                                   5                             5
932.13125.......................  941.1312  932.38125.........  941.3812
                                   5                             5
932.14375.......................  941.1437  932.39375.........  941.3937
                                   5                             5
932.15625.......................  941.1562  932.40625.........  941.4062
                                   5                             5
932.16875.......................  941.1687  932.41875.........  941.4187
                                   5                             5
932.18125.......................  941.1812  932.43125.........  941.4312
                                   5                             5
932.19375.......................  941.1937  932.44375.........  941.4437
                                   5                             5
932.20625.......................  941.2062  932.45625.........  941.4562
                                   5                             5
932.21875.......................  941.2187  932.46875.........  941.4687
                                   5                             5
932.23125.......................  941.2312  932.48125.........  941.4812
                                   5                             5
932.24375.......................  941.2437  932.49375.........  941.4937
                                   5                             5
 
                  UHF Channels in Specified Urban Areas
 
                                 Boston
 
470.0125........................  473.0125  482.0125..........  485.0125
470.0375........................  473.0375  482.0375..........  485.0375
470.0625........................  473.0625  482.0625..........  485.0625
470.0875........................  473.0875  482.0875..........  485.0875
470.1125........................  473.1125  482.1125..........  485.1125
470.1375........................  473.1375  482.1375..........  485.1375
470.1625........................  473.1625  482.1625..........  485.1625
470.1875........................  473.1875  482.1875..........  485.1875
470.2125........................  473.2125  482.2125..........  485.2125
470.2375........................  473.2375  482.2375..........  485.2375
470.2625........................  473.2625  482.2625..........  485.2625
470.2875........................  473.2875  482.2875..........  485.2875
 
                           Chicago, Cleveland
 
470.0125........................  473.0125  476.0125..........  479.0125
470.0375........................  473.0375  476.0375..........  479.0375
470.0625........................  473.0625  476.0625..........  479.0625

[[Page 89]]

 
470.0875........................  473.0875  476.0875..........  479.0875
470.1125........................  473.1125  476.1125..........  479.1125
470.1375........................  473.1375  476.1375..........  479.1375
470.1625........................  473.1625  476.1625..........  479.1625
470.1875........................  473.1875  476.1875..........  479.1875
470.2125........................  473.2125  476.2125..........  479.2125
470.2375........................  473.2375  476.2375..........  479.2375
470.2625........................  473.2625  476.2625..........  479.2625
470.2875........................  473.2875  476.2875..........  479.2875
 
                    New York-Northeastern New Jersey
 
470.0125........................  470.1625  476.0125..........  476.1625
470.0375........................  470.1875  476.0375..........  476.1875
470.0625........................  470.2125  476.0625..........  476.2125
470.0875........................  470.2375  476.0875..........  476.2375
470.1125........................  470.2625  476.1125..........  476.2625
470.1375........................  470.2875  476.1375..........  476.2875
 
                           Dallas-Forth Worth
 
482.0125........................  482.1625  485.0125..........  485.1625
482.0375........................  482.1875  485.0375..........  485.1875
482.0625........................  482.2125  485.0625..........  485.2125
482.0875........................  482.2375  485.0875..........  485.2375
482.1125........................  482.2625  485.1125..........  485.2625
482.1375........................  482.2875  485.1375..........  485.2875
 
                                 Detroit
 
476.0125........................  479.0125  482.0125..........  485.0125
476.0375........................  479.0375  482.0375..........  485.0375
476.0625........................  479.0625  482.0625..........  485.0625
476.0875........................  479.0875  482.0875..........  485.0875
476.1125........................  479.1125  482.1125..........  485.1125
476.1375........................  479.1375  482.1375..........  485.1375
476.1625........................  479.1625  482.1625..........  485.1625
476.1875........................  479.1875  482.1875..........  485.1875
476.2125........................  479.2125  482.2125..........  485.2125
476.2375........................  479.2375  482.2375..........  485.2375
476.2625........................  479.2625  482.2625..........  485.2625
476.2875........................  479.2875  482.2875..........  485.2875
 
                                 Houston
 
488.1625........................  491.1625  488.2375..........  491.2375
488.1875........................  491.1875  488.2625..........  491.2625
488.2125........................  491.2125  488.2875..........  491.2875
 
                               Los Angeles
 
470.0125........................  473.0125  506.0625..........  509.0625
470.0375........................  473.0375  506.0875..........  509.0875
506.0125........................  509.0125  506.1125..........  509.1125
506.0375........................  509.0375
 
                                  Miami
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              Philadelphia
 
500.0125........................  503.0125  506.0125..........  509.0125
500.0375........................  503.0375  506.0375..........  509.0375
500.0625........................  503.0625  506.0625..........  509.0625
500.0875........................  503.0875  506.0875..........  509.0875
500.1125........................  503.1125  506.1125..........  509.1125
500.1375........................  503.1375  506.1375..........  509.1375
500.1625........................  503.1625  506.1625..........  509.1625
500.1875........................  503.1875  506.1875..........  509.1875
500.2125........................  503.2125  506.2125..........  509.2125
500.2375........................  503.2375  506.2375..........  509.2375
500.2625........................  503.2625  506.2625..........  509.2625
500.2875........................  503.2875  506.2875..........  509.2875
 
                               Pittsburgh
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              San Francisco
 
482.0125........................  485.0125  488.0125..........  491.0125
482.0375........................  485.0375  488.0375..........  491.0375
482.0625........................  485.0625  488.0625..........  491.0625
482.0875........................  485.0875  488.0875..........  491.0875
482.1125........................  485.1125  488.1125..........  491.1125
482.1375........................  485.1375  488.1375..........  491.1375
482.1625........................  485.1625  488.1625..........  491.1625
482.1875........................  485.1875  488.1875..........  491.1875
482.2125........................  485.2125  488.2125..........  491.2125
482.2375........................  485.2375  488.2375..........  491.2375
482.2625........................  485.2625  488.2625..........  491.2625
482.2875........................  485.2875  488.2875..........  491.2875
 
                             Washington, DC
 
488.0125........................  491.0125  494.0125..........  497.0125
488.0375........................  491.0375  494.0375..........  497.0375
488.0625........................  491.0625  494.0625..........  497.0625
488.0875........................  491.0875  494.0875..........  497.0875
488.1125........................  491.1125  494.1125..........  497.1125
488.1375........................  491.1375  494.1375..........  497.1375
488.1625........................  491.1625  494.1625..........  497.1625
488.1875........................  491.1875  494.1875..........  497.1875
488.2125........................  491.2125  494.2125..........  497.2125
488.2375........................  491.2375  494.2375..........  497.2375
488.2625........................  491.2625  494.2625..........  497.2625
488.2875........................  491.2875  494.2875..........  497.2875
 


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



Sec.  22.623  System configuration.

    This section requires a minimum configuration for point-to-
multipoint systems using the channels listed in Sec.  22.621.
    (a) 928-960 MHz. The channels may be assigned, individually or 
paired, only to fixed transmitters in a system that controls at least 
four public mobile base transmitters that transmit on the same channel. 
If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a 
pair, the 941-942 MHz channel must be assigned only to control 
transmitters; the 932-933 MHz channel may be assigned to control or 
fixed relay transmitters.
    (b) 470-512 MHz. These channels may be assigned only individually 
(unpaired), to control transmitters that directly control at least four 
public mobile base transmitters that transmit on the same channel. Fixed 
relay transmitters are not authorized.
    (c) Selection and assignment. The FCC selects and assigns a channel 
when granting applications for authorization to operate a new station to 
transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. 
Applicants having a preference may request the assignment of a specific 
channel or channel pair, but the FCC may in some cases be unable to 
satisfy such requests.

[[Page 90]]



Sec.  22.625  Transmitter locations.

    This section governs where point-to-multipoint transmitters on the 
channels listed in Sec.  22.621 may be located.
    (a) 928-960 MHz. In this frequency range, the required minimum 
distance separation between co-channel fixed transmitters is 113 
kilometers (70 miles).
    (b) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this 
section is to define the areas in which the 470-512 MHz channels are 
allocated for public mobile use. The purpose of the rules in paragraphs 
(b)(2) and (b)(3) of this section is to reduce the likelihood that 
interference to television reception from public mobile operations on 
these channels will occur.
    (1) Control transmitter locations. Control transmitter locations 
must be within 80 kilometers (50 miles) of the designated locations in 
this paragraph.

------------------------------------------------------------------------
                 Urban area                  N. latitude   W. longitude
------------------------------------------------------------------------
Boston, MA.................................  42[deg]21[m  71[deg]03[min]
                                             in]24.4[sec       22.2[sec]
                                                       ]
Chicago, IL................................  41[deg]52[m  87[deg]38[min]
                                             in]28.1[sec       22.2[sec]
                                                       ]
Cleveland, OH..............................  41[deg]29[m  81[deg]41[min]
                                             in]51.2[sec       49.5[sec]
                                                       ]
Dallas, TX.................................  32[deg]47[m  96[deg]47[min]
                                             in]09.5[sec       38.0[sec]
                                                       ]
Detroit, MI................................  42[deg]19[m  83[deg]02[min]
                                             in]48.1[sec       56.7[sec]
                                                       ]
Houston, TX................................  29[deg]45[m  95[deg]21[min]
                                             in]26.8[sec       37.8[sec]
                                                       ]
Los Angeles, CA............................  34[deg]03[m  18[deg]14[min]
                                             in]15.0[sec       31.3[sec]
                                                       ]
Miami, FL..................................  25[deg]46[m  80[deg]11[min]
                                             in]38.6[sec       31.2[sec]
                                                       ]
New York, NY...............................  40[deg]45[m  73[deg]59[min]
                                             in]6.4[sec]       37.5[sec]
Philadelphia, PA...........................  39[deg]56[m  75[deg]09[min]
                                             in]58.4[sec       19.6[sec]
                                                       ]
Pittsburgh, PA.............................  40[deg]26[m  79[deg]59[min]
                                             in]19.2[sec       59.2[sec]
                                                       ]
San Francisco-Oakland, CA..................  37[deg]46[m  122[deg]24[min
                                             in]38.7[sec      ]43.9[sec]
                                                       ]
Washington, DC.............................  38[deg]53[m  77[deg]00[min]
                                             in]51.4[sec       31.9[sec]
                                                       ]
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).

    (2) Protection from intermodulation interference. Control 
transmitter locations must be at least 1.6 kilometers (1 mile) from the 
main transmitter locations of all TV stations transmitting on TV 
channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV 
channel containing the frequencies on which the control station will 
transmit. This requirement is intended to reduce the likelihood of 
intermodulation interference.
    (3) Co-channel protection from control transmitters with high 
antennas. This paragraph applies only to control transmitters that 
utilize an antenna height of more than 152 meters (500 feet) above 
average terrain. The distance between the location of such a control 
transmitter and the applicable protected TV station location specified 
in this paragraph must equal or exceed the sum of the distance from the 
control transmitter location to the radio horizon in the direction of 
the specified location and 89 kilometers (55 miles--representing the 
distance from the main transmitter location of the TV station to its 
Grade B contour in the direction of the control transmitter). The 
protected TV station locations in this paragraph are the locations of 
record as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (i) The protected TV station locations are as follows:

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

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

where

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

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68946, Dec. 14, 1998, 
70 FR 19309, Apr. 13, 2005]



Sec.  22.627  Effective radiated power limits.

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

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

    (b) 470-512 MHz limits. The purpose of the rules in paragraphs 
(b)(1) through (b)(3) of this section is to reduce the

[[Page 91]]

likelihood that interference to television receiption from public mobile 
operations on these channels will occur. The protected TV station 
locations specified in this section are the locations of record as of 
September 1974, and these do not change even though the TV stations may 
have been subsequently relocated.
    (1) Co-channel protection. The ERP of control transmitters must not 
exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) 
of this section. The limits depend upon the height above average terrain 
of the control transmitter antenna and the distance between the control 
transmitter and the nearest protected TV station location in paragraph 
(b)(1)(i) of this section.
    (i) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz...........................  Jacksonville, IL,
                                         39[deg]45[min]52.2[sec] N. Lat.
                                         90[deg]30[min]29.5[sec] W.
                                         Long.
                                        Mt. Pleasant, MI,
                                         43[deg]34[min]24.1[sec] N. Lat.
                                         84[deg]46[min]21.1[sec] W.
                                         Long.
476-482 MHz...........................  Oxford, OH,
482-488 MHz...........................   39[deg]30[min]26.2[sec] N. Lat.
488-494 MHz...........................   84[deg]44[min]8.8[sec] W. Long.
494-500 MHz...........................  Washington, DC,
500-506 MHz...........................   38[deg]57[min]17.4[sec] N. Lat.
506-512 MHz...........................   77[deg]00[min]15.9[sec] W.
                                         Long.
                                        Champaign, IL,
                                         40[deg]04[min]11.1[sec] N. Lat.
                                         87[deg]54[min]45.1[sec] W.
                                         Long.
                                        Madison, WI,
                                         43[deg]03[min]01.0[sec] N. Lat.
                                         89[deg]29[min]15.4[sec] W.
                                         Long.
                                        Parkersburg, WV,
                                         39[deg]20[min]50.3[sec] N. Lat.
                                         81[deg]33[min]55.5[sec] W.
                                         Long.
                                        Fort Wayne, IN,
                                         41[deg]05[min]35.2[sec] N. Lat.
                                         85[deg]10[min]41.9[sec] W.
                                         Long.
                                        Lancaster, PA,
                                         40[deg]15[min]45.3[sec] N. Lat.
                                         76[deg]27[min]47.9[sec] W.
                                         Long.
                                        South Bend, IN,
                                         41[deg]36[min]26.2[sec] N. Lat.
                                         86[deg]27[min]48.1[sec] W.
                                         Long.
                                        Philadelphia, PA,
                                         40[deg]02[min]30.4[sec] N. Lat.
                                         75[deg]14[min]22.6[sec] W.
                                         Long.
                                        None.
                                        Johnstown, PA,
                                         40[deg]19[min]47.3[sec] N. Lat.
                                         78[deg]53[min]44.1[sec] W.
                                         Long.
                                        Washington, DC,
                                         38[deg]57[min]49.4[sec] N. Lat.
                                         77[deg]06[min]16.9[sec] W.
                                         Long.
                                        Waterbury, CT,
                                         41[deg]31[min]2.3[sec] N. Lat.
                                         73[deg]00[min]58.4[sec] W.
                                         Long.
------------------------------------------------------------------------

    (ii) Table E-3 and E-4 apply to control transmitters in the New 
York-Northeastern New Jersey and Cleveland urban areas that transmit on 
channels in the 476-482 MHz range and to control transmitters in the 
Detroit urban area that transmit on channels in the 482-488 MHz range.
    (iii) Tables E-5 and E-6 apply to all control transmitters except 
those to which Tables E-3 and E-4 apply.
    (2) Adjacent channel protection. The ERP of control transmitters 
must not exceed the limits in Table E-7. The limits depend upon the 
height above average terrain of the control transmitter antenna and the 
distance between the control transmitter and the nearest protected TV 
station location listed in this paragraph. The protected TV station 
locations are as follows (all coordinates are referenced to North 
American Datum 1983 (NAD83)):

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

    (c) Los Angeles area. This paragraph applies only to control 
transmitters in the Los Angeles urban area that utilize an antenna 
height of 457 or more meters (1500 or more feet) above mean sea level. 
The ERP of such transmitters must not exceed the following limits:

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

[[Page 92]]

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


                                    Table E-3--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)                  30       46       61       76       91      107      122      137      152
                                                                15 (50)   (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.   22.627(b)(1)(ii). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those
  in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


               Table E-4--Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.   22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


                                    Table E-5--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna Height Above Average Terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)                  30       46       61       76       91      107      122      137      152
                                                                15 (50)   (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.   22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between
  those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


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

[[Page 93]]

 
193 (120).................................................       50       19        9        5        3       2
----------------------------------------------------------------------------------------------------------------
See Sec.   22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


                             Table E-7--Maximum ERP (Watts) for Control Transmitters
----------------------------------------------------------------------------------------------------------------
                                              Antenna height above average terrain in meters (feet)
    Distance to protected TV    --------------------------------------------------------------------------------
 station in kilometers (miles)      30       46       61       76       91      107      122      137      152
                                  (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
----------------------------------------------------------------------------------------------------------------
108 (67).......................     1000     1000     1000     1000     1000     1000     1000     1000     1000
106 (66).......................     1000     1000     1000     1000     1000     1000     1000     1000      750
105 (65).......................     1000     1000     1000     1000     1000     1000      825      650      600
103 (64).......................     1000     1000     1000     1000     1000      775      625      500      400
101 (63).......................     1000     1000     1000     1000      440      400      350      320      300
100 (62).......................     1000     1000     1000      525      375      250      200      150      125
98 (61)........................     1000      700      450      250      200      125      100       75       50
97 (60)........................     1000      425      225      125      100       75       50  .......  .......
----------------------------------------------------------------------------------------------------------------
See Sec.   22.627(b)(2). This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit,
  Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This
  table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights
  between those in the table, use the next higher antenna height. For distances between those in the table, use
  the next lower distance.


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

                  470-512 MHz Trunked Mobile Operation



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

    The following channels are allocated for assignment to transmitters 
providing trunked public mobile service within the specified urban 
areas. All channels have a bandwidth of 20 kHz and are designated by 
their center frequencies in MegaHertz.

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


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



Sec.  22.653  Eligibility.

    Only licensees already authorized to provide trunked mobile service 
or their successors in interest are eligible to apply for additional use 
of these channels for trunked mobile service, and then only in the urban 
areas already authorized.



Sec.  22.657  Transmitter locations.

    The purpose of the rules in paragraphs (a) and (b) of this section 
is to define the areas in which the 470-512 MHz channels are allocated 
for public mobile use. The purpose of the rules in paragraphs (c) 
through (f) of this section is to reduce the likelihood that 
interference to television reception from public mobile operations on 
these channels will occur. The protected TV station locations specified 
in paragraphs (d), (e)(1) and (f) of this section are the locations of 
record as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (a) Base transmitter locations. Base transmitter locations must be 
within 80 kilometers (50 miles) of the designated locations in this 
paragraph. Mobile transmitters must not be operated at locations more 
than 129 kilometers (80 miles) from the designated locations in this 
paragraph. Note: All coordinates are referenced to North American Datum 
1983 (NAD83).

[[Page 94]]



------------------------------------------------------------------------
                                                                  W.
                  Urban area                    N. latitude   longitude
------------------------------------------------------------------------
Houston, TX...................................  29[deg]45[m  95[deg]21[m
                                                in]26.8[sec  in]37.8[sec
                                                          ]            ]
New York, NY-NE NJ............................  40[deg]45[m  73[deg]59[m
                                                in]06.4[sec  in]37.5[sec
                                                          ]            ]
------------------------------------------------------------------------

    (b) Mobile area of operation. Mobile transmitters must not be 
operated at locations more than 48 kilometers (30 miles) from all 
associated base stations.
    (c) Protection from intermodulation interference. Base transmitter 
locations must be at least 1.6 kilometers (1 mile) from the current main 
transmitter locations of all TV stations transmitting on TV channels 
separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel 
containing the frequencies on which the base station will transmit. This 
requirement is intended to reduce the likelihood of intermodulation 
interference.
    (d) Adjacent channel protection from mobile transmitters. Base 
transmitter locations must be at least 145 kilometers (90 miles) from 
the applicable protected TV station locations specified in this 
paragraph. This requirement is intended to provide a 0 dB minimum 
desired to undesired signal strength ratio at the Grade B contour of an 
adjacent channel TV station. Note: All coordinates are referenced to 
North American Datum 1983 (NAD83).

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

    (e) Co-channel protection from mobile transmitters. Base transmitter 
locations must be at least the distance specified in paragraph (e)(2) of 
this section from the applicable protected TV station locations 
specified in paragraph (e)(1) of this section. This requirement is 
intended to provide a 40 dB minimum desired to undesired signal strength 
ratio at the Grade B contour of a co-channel TV station.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

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

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

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

    (f) Co-channel protection from base transmitters with high antennas. 
This paragraph applies only to base transmitter locations in the New 
York-Northeastern New Jersey urban area that utilize an antenna height 
of more than 152 meters (500 feet) above average terrain. The distance 
between the location of such a base transmitter and the applicable 
protected TV station location specified in this paragraph must equal or 
exceed the sum of the distance from the base transmitter location to the 
radio horizon in the direction of the specified location and 89 
kilometers (55 miles--representing the distance from the main 
transmitter location of the TV station to its Grade B contour in the 
direction of the base transmitter). The distance to the radio horizon is 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE98.026

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

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

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


[[Page 95]]

    (g) The FCC may waive specific distance separation requirements of 
paragraphs (d) through (f) of this section if the applicant submits an 
engineering analysis which demonstrates that terrain effects and/or 
operation with less effective radiated power would satisfy the 
applicable minimum desired to undesired signal strength ratios at the 
Grade B contours of the protected TV stations. For this purpose, the 
Grade B contour of a TV station is deemed to be a circle with a 89 
kilometer (55 mile) radius, centered on the protected TV station 
location, and along which the median TV signal field strength is 64 
dB[micro]V/m. In any showing intended to demonstrate compliance with the 
minimum desired to undesired signal ratio requirements of this section, 
all predicted field strengths must have been determined using the UHF TV 
propagation curves contained in part 73 of this chapter.

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



Sec.  22.659  Effective radiated power limits.

    The purpose of the rules in this section, which limit effective 
radiated power (ERP), is to reduce the likelihood that interference to 
television reception from public mobile operations on these channels 
will occur. The protected TV station locations specified in this section 
are the locations of record as of September 1974, and these do not 
change even though the TV stations may have been subsequently relocated.
    (a) Maximum ERP. The ERP of base transmitters must not exceed 100 
Watts under any circumstances. The ERP of mobile transmitters must not 
exceed 60 Watts under any circumstances.
    (b) Co-channel protection from base transmitters. The ERP of base 
transmitters in the New York-Northeastern New Jersey urban area must not 
exceed the limits in the tables referenced in paragraphs (b)(2) and 
(b)(3) of this section. The limits depend upon the height above average 
terrain of the base transmitter antenna and the distance between the 
base transmitter and the nearest protected TV station location in 
paragraph (b)(1) of this section.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

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

    (2) Tables E-8 and E-9 of this section apply to base transmitters in 
the New York-Northeastern New Jersey urban area that transmit on 
channels in the 476-482 MHz range.
    (3) Tables E-10 and E-11 of this section apply to base transmitters 
in the New York-Northeastern New Jersey urban area that transmit on 
channels in the 470-476 MHz range.
    (c) Adjacent channel protection from base transmitters. The ERP of 
base transmitters must not exceed the limits in Table E-12 of this 
section. The limits depend upon the height above average terrain of the 
base transmitter antenna and the distance between the base transmitter 
and the nearest protected TV station location specified in paragraph 
(c)(1) of this section.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

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

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

[[Page 96]]



                                     Table E-8--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)                  30       46       61       76       91      107      122      137      152
                                                                15 (50)   (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
201 (125).....................................................     1000     1000     1000     1000     1000     1000     1000      850      750      725
193 (120).....................................................     1000     1000     1000     1000      900      750      675      600      550      500
185 (115).....................................................     1000     1000      800      725      600      525      475      425      375      350
177 (110).....................................................      850      700      600      500      425      375      325      300      275      225
169 (105).....................................................      600      475      400      325      275      250      225      200      175      150
161 (100).....................................................      400      325      275      225      175      150      140      125      110      100
153 (95)......................................................      275      225      175      125      110       95       80       70       60       50
145 (90)......................................................      175      125      100       75       50  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.   22.659(b)(2). This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in
  the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


                Table E-9--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
209 (130).................................................     1000      447      219      117       71       46
193 (120).................................................      500      209       95       50       30       19
177 (110).................................................      225       91       35       19       11        8
161 (100).................................................      100       30       10        5        3        2
153 (95)..................................................       50       13        5        3        2        1
----------------------------------------------------------------------------------------------------------------
See Sec.   22.659(b)(2). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


                                     Table E-10--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Antenna height above average terrain in meters (feet)
                                                               -----------------------------------------------------------------------------------------
    Distance to protected TV station in kilometers (miles)                  30       46       61       76       91      107      122      137      152
                                                                15 (50)   (100)    (150)    (200)    (250)    (300)    (350)    (400)    (450)    (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
261 (162).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000     1000
257 (160).....................................................     1000     1000     1000     1000     1000     1000     1000     1000     1000      800
249 (155).....................................................     1000     1000     1000     1000     1000      875      775      700      625      575
241 (150).....................................................     1000     1000      950      775      725      625      550      500      450      400
233 (145).....................................................      850      750      650      575      500      440      400      350      320      300
225 (140).....................................................      600      575      465      400      350      300      275      250      230      225
217 (135).....................................................      450      400      335      300      255      240      200      185      165      150
209 (130).....................................................      350      300      245      200      185      160      145      125      120      100
201 (125).....................................................      225      200      170      150      125      110      100       90       80       75
193 (120).....................................................      175      150      125      105       90       80       70       60       55       50
--------------------------------------------------------------------------------------------------------------------------------------------------------
See Sec.   22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between
  those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.


                Table E-11--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
                                                               Antenna height above average terrain in meters
                                                                                   (feet)
  Distance to protected TV station in kilometers (miles)   -----------------------------------------------------
                                                              152      305      457      610      762      914
                                                             (500)    (1000)   (1500)   (2000)   (2500)   (3000)
----------------------------------------------------------------------------------------------------------------
261 (162).................................................     1000      501      282      170      110       71
241 (150).................................................      400      209      110       60       36       23
225 (140).................................................      225      102       50       28       16       10
209 (130).................................................      100       48       21       11        7        5
193 (120).................................................       50       19        9        5        3        2
----------------------------------------------------------------------------------------------------------------
See Sec.   22.659(b)(3). This table is for antenna heights of more than 152 meters (500 feet) above average
  terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
  permitted ERP.


[[Page 97]]


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


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



                 Subpart F_Rural Radiotelephone Service



Sec.  22.701  Scope.

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



Sec.  22.702  Eligibility.

    Existing and proposed communications common carriers are eligible to 
hold authorizations to operate conventional central office, interoffice 
and rural stations in the Rural Radiotelephone Service. Subscribers are 
also eligible to hold authorizations to operate rural subscriber 
stations in the Rural Radiotelephone Service.

[69 FR 75170, Dec. 15, 2004]



Sec.  22.703  Separate rural subscriber station authorization not required.

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



Sec.  22.705  Rural radiotelephone system configuration.

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



Sec.  22.709  Rural radiotelephone service application requirements.

    In addition to information required by Subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a station 
in the Rural Radiotelephone Service must contain the applicable 
supplementary information described in this section.
    (a) Interoffice stations. Applications for authority to operate a 
new interoffice station or to add transmitters or points of 
communications to an existing interoffice station must contain an 
exhibit demonstrating that the requested facilities would be used only

[[Page 98]]

for interconnecting central office stations and explaining why the use 
of alternative existing radio or wire facilities is not feasible.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description: city; county; state; geographic 
coordinates correct to 1 second, the datum used 
(NAD83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, the effective radiated power in each of the 
cardinal radial directions, any non-standard emission types to be used, 
including bandwidth and modulation type, the transmitter classification 
(e.g. central office), and the locations and call signs, if any, of any 
fixed points of communication.
    (c) No landline facilities. Each application for a central office 
station must contain an exhibit showing that it is impracticable to 
provide the required communication service by means of landline 
facilities.
    (d) Interference exhibit. Applications for central office, 
interoffice and relay stations must include an exhibit identifying co-
channel facilities and demonstrating, in accordance with Sec.  22.715 
that the proposed station, if authorized, would not cause interference 
to the service of those co-channel facilities. This exhibit must:
    (1) For UHF channels, identify each protected transmitter located 
within 108 kilometers (67 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 76.4 
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) 
of the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify 
each protected Basic Exchange Telephone Radio System central office 
transmitter in the rural Radiotelephone Service within 231 kilometers 
(144 miles).
    (2) For VHF channels, identify each protected transmitter located 
within 135 kilometers (84 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 93.3 
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of 
the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (e) Blocking probability. Applications for authority to operate 
basic exchange telephone radio systems (BETRS) that request more than 
two channel pairs must include an exhibit containing calculations 
showing that the number of channels requested is the minimum necessary 
to achieve the required grade of service (in terms of blocking 
probability), and that there will be adequate spectrum available in the 
area to meet realistic estimates of current and future demand for 
paging, two-way mobile and rural radiotelephone services (see Sec.  
22.719(c)). Applications for authority to operate new conventional rural 
radiotelephone systems that request more than two channel pairs must 
include a statement explaining why BETRS technology is not being 
proposed.
    (f) Antenna Information. Upon request by an applicant, licensee, or 
the Commission, a part 22 applicant or licensee of whom the request is 
made shall furnish the antenna type, model, and the

[[Page 99]]

name of the antenna manufacturer to the requesting party within ten (10) 
days of receiving written notification.

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



Sec.  22.711  Provision of information to applicants.

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

[59 FR 59954, Nov. 21, 1994]



Sec.  22.713  Construction period for rural radiotelephone stations.

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



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

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



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

    Mutually exclusive applications in the Rural Radiotelephone Service, 
including those that are mutually exclusive with applications in the 
Paging and Radiotelephone Service, are processed in accordance with 
Sec.  22.131 and with this section.
    (a) Applications in the Rural Radiotelephone Service may be mutually 
exclusive with applications in the Paging and Radiotelephone Service if 
they seek authorization to operate facilities on the same channel in the 
same area, or the technical proposals are otherwise in conflict. See 
Sec.  22.567.
    (b) A modification application in either service filed on the 
earliest filing date may cause all later-filed mutually exclusive 
applications of any type in either service to be ``cut off'' (excluded 
from a same-day filing group) and dismissed, pursuant to Sec.  
22.131(c)(3)(ii) and Sec.  22.131(c)(4).

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



Sec.  22.719  Additional channel policy for rural radiotelephone stations.

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

[[Page 100]]

available in the area to meet realistic estimates of current and future 
demand for paging, two-way mobile and rural radiotelephone services. In 
the case of conventional rural radiotelephone central office stations, 
an explanation must be provided as to why BETRS technology is not being 
used instead of additional channel pairs.

               Conventional Rural Radiotelephone Stations



Sec.  22.721  Geographic area authorizations.

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

[62 FR 11636, Mar. 12, 1997]



Sec.  22.723  Secondary site-by-site authorizations.

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

[62 FR 11636, Mar. 12, 1997]



Sec.  22.725  Channels for conventional rural radiotelephone stations and
basic exchange telephone radio systems.

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

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

    (a) The channels listed in this section are also allocated for 
assignment in the Paging and Radiotelephone Service.
    (b) In Puerto Rico and the Virgin Islands, channels in the 154.04-
154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to 
transmitters providing rural radiotelephone service; channels in these 
ranges are also allocated for assignment in the International Fixed 
Public and Aeronautical Fixed radio services.

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

[[Page 101]]



Sec.  22.727  Power limits for conventional rural radiotelephone transmitters.

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

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

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
500 Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
the amount that would result in an average distance to the ``service 
contour'' of 41.6 kilometers (26 miles) for VHF channels or 30.7 
kilometers (19 miles) for UHF channels. The average distance to the 
``service contour'' is calculated by taking the arithmetic mean of the 
distances determined using the procedures specified in Sec.  22.567 for 
the eight cardinal radial directions, excluding cardinal radial 
directions for which 90% or more of the distance so calculated is over 
water.
    (d) Encompassed interfering contour areas. Central office station 
transmitters are exempt from the basic power and height-power limits of 
this section if the area within their interfering contours is totally 
encompassed by the interfering contours of operating co-channel central 
office station transmitters controlled by the same licensee. For the 
purpose of this paragraph, operating transmitters are authorized 
transmitters that are providing service to subscribers.
    (e) Adjacent channel protection. The ERP of central office station 
transmitters must not exceed 500 Watts if they transmit on channel 
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any 
Private Radio Services station receiving on adjacent channel 454.000 
MHz.

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



Sec.  22.731  Emission limitations.

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



Sec.  22.733  Priority of service.

    Within the Rural Radiotelephone Service, the channels listed in 
Sec.  22.725 are intended primarily for use in rendition of public 
message service between rural subscriber and central office stations and 
to provide radio trunking facilities between central offices. The 
channels may also be used, however, for the rendition of private leased-
line communication service provided that such usage would not reduce or 
impair the extent or quality of communication service that would be 
available, in the absence of private leased-line service, to the general 
public receiving or subsequently requesting public message service from 
a central office.



Sec.  22.737  Temporary fixed stations.

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

[[Page 102]]

such communications should apply sufficiently in advance to allow for 
the time necessary to coordinate with Canada or Mexico.

                 Basic Exchange Telephone Radio Systems



Sec.  22.757  Channels for basic exchange telephone radio systems.

    The channels listed in Sec.  22.725 are also allocated for paired 
assignment to transmitters in basic exchange telephone radio systems.

[70 FR 19309, Apr. 13, 2005]



Sec.  22.759  Power limit for BETRS.

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

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

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

ERPw = 557,418 / hm2

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



               Subpart G_Air-Ground Radiotelephone Service



Sec.  22.801  Scope.

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

[70 FR 19309, Apr. 13, 2005]

                  General Aviation Air-Ground Stations



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

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

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


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

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



Sec.  22.807  General aviation air-ground application requirements.

    In addition to the information required by subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a general 
aviation air-ground station must contain the applicable supplementary 
information described in this section.
    (a) Administrative information. The following information is 
required by FCC Form 601.
    (1) The number of transmitter sites for which authorization is 
requested.

[[Page 103]]

    (2) The call sign(s) of other facilities in the same area that are 
ultimately controlled by the real party in interest to the application.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description, city, county, state, geographic 
coordinates (NAD83) correct to 1 second, site 
elevation above mean sea level, proximity to adjacent market boundaries 
and international borders;
    (2) Antenna height to tip above ground level, antenna gain in the 
maximum lobe, the electric field polarization of the wave emitted by the 
antenna when installed as proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, any non-standard emission types to be used, 
including bandwidth and modulation type and the transmitter 
classification (e.g. ground or signaling).

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999. Redesignated and 
amended at 70 FR 19309, Apr. 13, 2005]



Sec.  22.809  Transmitting power limits.

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



Sec.  22.813  Technical channel pair assignment criteria.

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



Sec.  22.815  Construction period for general aviation ground stations.

    The construction period (see Sec.  1.946 of this chapter) for 
general aviation ground stations is 12 months.

[70 FR 19310, Apr. 13, 2005]



Sec.  22.817  Additional channel policies.

    The rules in this section govern the processing of applications for 
authority to operate a ground station transmitter on any ground station 
communication channel listed in Sec.  22.805 when the applicant has 
applied or been granted an authorization for other ground station 
communication channels in the same area. The general policy of the FCC 
is to assign one ground station communication channel in an area to a 
carrier per application cycle, up to a maximum of six ground station 
communication channels per area. That is, a carrier must apply for one 
ground station communication channel, receive the authorization, 
construct the station, and notify the FCC of commencement of service 
before applying for an additional ground station communication channel 
in that area.
    (a) Air-ground transmitters in same area. Any transmitter on any of 
the ground station channels listed in Sec.  22.805 is considered to be 
in the same

[[Page 104]]

area as another transmitter on any ground station channel listed in 
Sec.  22.805 if it is located less than 350 kilometers (217 miles) from 
that transmitter.
    (b) Initial channel. The FCC will not assign more than one ground 
station communication channel for new ground stations. Ground stations 
are considered to be new if there are no authorized ground station 
transmitters on any channel listed in Sec.  22.805 controlled by the 
applicant in the same area.
    (c) Additional channel. Applications for ground transmitters to be 
located in the same area as an authorized ground station controlled by 
the applicant, but to operate on a different ground station 
communication channel, are considered as requesting an additional 
channel for the authorized station.
    (d) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a ground station transmitter to be 
located in the same area as a ground station transmitter proposed in a 
pending application previously filed by the applicant, but on a 
different ground station communication channel, the subsequent 
application is treated as a major amendment to change the technical 
proposal of the prior application. The filing date of any application so 
amended is the date the FCC received the subsequent application.
    (e) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional ground station 
communication channel for an authorized ground station prior to 
receiving notification that the station is providing service to 
subscribers on the authorized channel(s), the FCC may dismiss that 
application without prejudice.
    (f) Dismissal of applications for seventh channel. If the FCC 
receives an application requesting an additional ground station 
communication channel for an authorized ground station which would, if 
granted, result in that station being assigned more than six ground 
station communication channels in the same area, the FCC may dismiss 
that application without prejudice.

                 Commercial Aviation Air-Ground Systems



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

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

[70 FR 19310, Apr. 13, 2005]



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

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

[70 FR 19310, Apr. 13, 2005]



Sec.  22.859  Incumbent commercial aviation air-ground systems.

    This section contains rules concerning continued operation of 
commercial aviation air-ground systems that were originally authorized 
prior to January 1, 2004 to provide radiotelephone service using 
narrowband (6 kHz) channels, and that have been providing service 
continuously since the original commencement of service (hereinafter 
``incumbent systems'').
    (a) An incumbent system may continue to operate under its 
authorization, for the remaining term of such authorization, subject to 
the terms and conditions attached thereto. Wherever

[[Page 105]]

such technical and operational conditions differ from technical and 
operational rules in this subpart, those conditions shall govern its 
operations.
    (b) Notwithstanding any other provision in this chapter, the 
licensee of an incumbent system shall not be entitled to an expectation 
of renewal of said authorization.
    (c) During the period that an incumbent system continues to operate 
and provide service pursuant to paragraph (a) of this section, air-
ground systems of licensees holding a new authorization for the spectrum 
within which the incumbent system operates must not cause interference 
to the incumbent system. Protection from interference requires that the 
signals of the new systems must not exceed a ground station received 
power of -130 dBm within a 6 kHz receive bandwidth, calculated assuming 
a 0 dBi vertically polarized receive antenna.

[70 FR 19310, Apr. 13, 2005]



Sec.  22.861  Emission limitations.

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

[70 FR 19310, Apr. 13, 2005]



Sec.  22.863  Frequency stability.

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

[70 FR 19310, Apr. 13, 2005]



Sec.  22.867  Effective radiated power limits.

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

[[Page 106]]

    (b) The peak ERP of ground station transmitters must not exceed 500 
Watts.

[70 FR 19310, Apr. 13, 2005]



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

    Licensees authorized to use more than one megahertz (1 MHz) of the 
800 MHz commercial aviation air-ground spectrum allocation (see Sec.  
22.857) must make a showing of ``substantial service'' as set forth in 
this section. Failure by any such licensee to meet this requirement will 
result in forfeiture of the license and the licensee will be ineligible 
to regain it. Licensees authorized to use one megahertz or less of the 
800 MHz commercial aviation air-ground spectrum allocation are not 
subject to the requirements in this section.
    (a) ``Substantial service'' is defined as service that is sound, 
favorable, and substantially above a level of mediocre service that just 
might minimally warrant renewal.
    (b) Each commercial aviation air-ground system subject to the 
requirements of this section must demonstrate substantial service within 
5 years after grant of the authorization. Substantial service may be 
demonstrated by, but is not limited to, either of the following ``safe 
harbor'' provisions:
    (1) Construction and operation of 20 ground stations, with at least 
one ground station located in each of the 10 Federal Aviation 
Administration regions; or,
    (2) Provision of service to the airspace of 25 of the 50 busiest 
airports (as measured by annual passenger boardings).

[70 FR 19310, Apr. 13, 2005]



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

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

[70 FR 19311, Apr. 13, 2005]



Sec.  22.878  Obligation to abate unacceptable interference.

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

[[Page 107]]

    (2) Any licensee that can show that its signal does not directly or 
indirectly cause or contribute to causing unacceptable interference to a 
non-cellular part 90 licensee in the 800 MHz band, as defined in Sec.  
22.877, shall not be held responsible for resolving unacceptable 
interference. Notwithstanding, any licensee that receives an 
interference complaint from a public safety/CII licensee shall respond 
to such complaint consistent with the interference resolution procedures 
set forth in Sec.  22.879.

[70 FR 19411, Apr. 13, 2005]



Sec.  22.879  Interference resolution procedures.

    This section applies only to commercial aviation ground stations 
transmitting in the 849-851 MHz band, other than commercial aviation 
ground stations operating under the authority of a license originally 
granted prior to January 1, 2004.
    (a) Initial notification. Commercial aviation air-ground system 
licensees may receive initial notification of interference from non-
cellular part 90 licensees in the 800 MHz band pursuant to Sec.  
90.674(a) of this chapter.
    (1) Commercial aviation air-ground system licensees shall join with 
part 90 ESMR licensees and Cellular Radiotelephone Service licensees in 
utilizing an electronic means of receiving the initial notification 
described in Sec.  90.674(a) of this chapter. See Sec.  22.972.
    (2) Commercial aviation air-ground system licensees must respond to 
the initial notification described in Sec.  90.674(a) of this chapter as 
soon as possible and no later than 24 hours after receipt of 
notification from a part 90 public safety/CII licensee. This response 
time may be extended to 48 hours after receipt from other part 90 non-
cellular licensees provided affected communications on these systems are 
not safety related.
    (b) Interference analysis. Commercial aviation air-ground system 
licensees--who receive an initial notification described in Sec.  
90.674(a) of this chapter--shall perform a timely analysis of the 
interference to identify the possible source. Immediate on-site visits 
may be conducted when necessary to complete timely analysis. 
Interference analysis must be completed and corrective action initiated 
within 48 hours of the initial complaint from a part 90 public safety/
CII licensee. This response time may be extended to 96 hours after the 
initial complaint from other part 90 non-cellular licensees provided 
affected communications on these systems are not safety related. 
Corrective action may be delayed if the affected licensee agrees in 
writing (which may be, but is not required to be, recorded via e-mail or 
other electronic means) to a longer period.
    (c) Mitigation steps. Any commercial aviation air-ground system that 
is responsible for causing unacceptable interference to non-cellular 
part 90 licensees in the 800 MHz band shall take affirmative measures to 
resolve such interference.
    (1) Commercial aviation air-ground system licensees found to 
contribute to unacceptable interference, as defined in Sec.  22.877, 
shall resolve such interference in the shortest time practicable. 
Commercial aviation air-ground system licensees must provide all 
necessary test apparatus and technical personnel skilled in the 
operation of such equipment as may be necessary to determine the most 
appropriate means of timely eliminating the interference. However, the 
means whereby interference is abated or the technical parameters that 
may need to be adjusted is left to the discretion of the commercial 
aviation air-ground system licensee, whose affirmative measures may 
include, but not be limited to, the following techniques:
    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the commercial aviation air-ground 
system signal;
    (iii) Modifying the commercial aviation air-ground system antenna 
height;
    (iv) Modifying the commercial aviation air-ground system antenna 
characteristics;
    (v) Incorporating filters into the commercial aviation air-ground 
system transmission equipment;
    (vi) Changing commercial aviation air-ground system frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is

[[Page 108]]

used, in all circumstances, commercial aviation air-ground system 
licensees shall be responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 non-cellular licensee shall, consistent 
with but not compromising safety, make all necessary concessions to 
accepting interference until a longer-term remedy can be implemented.
    (3) When a part 90 public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear and imminent danger to life or property, 
must be made by written statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;
    (ii) Thoroughly describes the basis of the claim of clear and 
imminent danger;
    (iii) Was formulated on the basis of either personal knowledge or 
belief after due diligence;
    (iv) Is not proffered by a contractor or other third party; and,
    (v) Has been approved by the Chief of the Public Safety and Homeland 
Security Bureau or other designated Commission official. Prior to the 
authorized official making a determination that a clear and imminent 
danger exists, the associated written statement must be served by hand-
delivery or receipted fax on the applicable offending licensee, with a 
copy transmitted by the fastest available means to the Washington, DC 
office of the Commission's Public Safety and Homeland Security Bureau.

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



Sec.  22.880  Information exchange.

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

[70 FR 19312, Apr. 13, 2005]



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

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

[70 FR 76417, Dec. 27, 2005]

[[Page 109]]



Sec.  22.882  Designated entities.

    (a) Eligibility for small business provisions in the commercial Air-
Ground Radiotelephone Service.
    (1) A small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more than 
$40 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more than 
$15 million for the preceding three years.
    (b) Bidding credits in the commercial Air-Ground Radiotelephone 
Service.
    (1) A winning bidder that qualifies as a small business, as defined 
in this section, or a consortium of small businesses may use a bidding 
credit of 15 percent, as specified in Sec.  1.2110(f)(2)(iii) of this 
chapter, to lower the cost of its winning bid on a commercial Air-Ground 
Radiotelephone Service license.
    (2) A winning bidder that qualifies as a very small business, as 
defined in this section, or a consortium of very small businesses may 
use a bidding credit of 25 percent, as specified in Sec.  
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid 
on a commercial Air-Ground Radiotelephone Service license.

[70 FR 76417, Dec. 27, 2005]



                Subpart H_Cellular Radiotelephone Service



Sec.  22.900  Scope.

    The rules in this subpart govern the licensing and operation of 
cellular radiotelephone systems. Licensing and operation of these 
systems are also subject to rules elsewhere in this part that apply 
generally to the Public Mobile Services. In case of conflict, however, 
the rules in this subpart govern.



Sec.  22.901  Cellular service requirements and limitations.

    The licensee of each Cellular system is responsible for ensuring 
that its Cellular system operates in compliance with this section. Each 
Cellular system must provide either mobile service, fixed service, or a 
combination of mobile and fixed service, subject to the requirements, 
limitations and exceptions in this section. Mobile service provided may 
be of any type, including two-way radiotelephone, dispatch, one-way or 
two-way paging, and personal communications services (as defined in part 
24 of this chapter). Fixed service is considered to be primary service, 
as is mobile service. When both mobile and fixed services are provided, 
they are considered to be co-primary services. In providing Cellular 
service, each Cellular system may incorporate any technology that meets 
all applicable technical requirements in this part.

[79 FR 72151, Dec. 5, 2014]



Sec.  22.905  Channels for cellular service.

    The following frequency bands are allocated for assignment to 
service providers in the Cellular Radiotelephone Service.
    (a) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-
891.5 MHz paired with 845-846.5 MHz.
    (b) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-
894 MHz paired with 846.5-849 MHz.

[67 FR 77191, Dec. 17, 2002]



Sec.  22.907  Coordination of channel usage.

    Licensees in the Cellular Radiotelephone Service must coordinate, 
with the appropriate parties, channel usage at each transmitter location 
within 121 kilometers (75 miles) of any transmitter locations authorized 
to other licensees or proposed by other applicants, except those with 
mutually exclusive applications. Licensees utilizing systems employing a 
frequency re-use factor of 1 (universal re-use) are exempt from this 
requirement.
    (a) Licensees must cooperate and make reasonable efforts to resolve 
technical problems that may inhibit effective and efficient use of the 
cellular radio spectrum; however, licensees are not obligated to suggest 
extensive changes to or redesign other licensees' cellular systems. 
Licensees must make reasonable efforts to avoid blocking the growth of 
other cellular systems

[[Page 110]]

that are likely to need additional capacity in the future.
    (b) If technical problems are addressed by an agreement or operating 
agreement between the licensees that would result in a reduction of 
quality or capacity of either system, the licensees must notify the 
Commission by updating FCC Form 601.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998; 
82 FR 17582, Apr. 12, 2017]



Sec.  22.909  Cellular markets.

    Cellular Market Areas (CMAs) are standard geographic areas used by 
the FCC for administrative convenience in the licensing of Cellular 
systems. CMAs comprise Metropolitan Statistical Areas (MSAs) and Rural 
Service Areas (RSAs). All CMAs and the counties they comprise are listed 
in: ``Common Carrier Public Mobile Services Information, Cellular MSA/
RSA Markets and Counties,'' Public Notice, Rep. No. CL-92-40, 7 FCC Rcd 
742 (1992).
    (a) MSAs. Metropolitan Statistical Areas are 306 areas, including 
New England County Metropolitan Areas and the Gulf of Mexico Service 
Area (water area of the Gulf of Mexico, border is the coastline), 
defined by the Office of Management and Budget, as modified by the FCC.
    (b) RSAs. Rural Service Areas are 428 areas, other than MSAs, 
established by the FCC.

[59 FR 59507, Nov. 17, 1994, as amended at 79 FR 72151, Dec. 5, 2014]



Sec.  22.911  Cellular geographic service area.

    The Cellular Geographic Service Area (CGSA) of a Cellular system is 
the geographic area considered by the FCC to be served by the Cellular 
system and is the area within which cellular systems are entitled to 
protection and adverse effects for the purpose of determining whether a 
petitioner has standing are recognized. The CGSA is the composite of the 
service areas of all of the cells in the system, excluding any Unserved 
Area (even if it is served on a secondary basis) or area within the CGSA 
of another Cellular system. The service area of a cell is the area 
within its service area boundary (SAB). Licensees that use power 
spectral density (PSD) at cell sites within their licensed geographic 
area are subject to paragraph (c) of this section; all other licensees 
are subject to paragraph (a) (or, as applicable, paragraph (b)) of this 
section. If the calculation under paragraph (a), (b), or (c) of this 
section (as applicable) yields an SAB extension comprising at least 130 
contiguous square kilometers (50 contiguous square miles), the licensee 
must submit an application for major modification of the CGSA using FCC 
Form 601. See also Sec. Sec.  22.912, 22.949, and 22.953.
    (a) CGSA determination (non-PSD). For the purpose of calculating the 
SABs for cell sites and determining CGSA expansion areas for Cellular 
base stations that do not operate using PSD (as permitted under Sec.  
22.913), the distance to the SAB is calculated as a function of 
effective radiated power (ERP) and antenna center of radiation height 
above average terrain (HAAT), height above sea level (HASL), or height 
above mean sea level (HAMSL).
    (1) Except as provided in paragraphs (a)(2) and (b) of this section, 
the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d = 2.531 x h\0.34\ x p\0.17\

where:

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

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


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

Where:

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

    (3) The value used for h in the formula in paragraph (a)(2) of this 
section must not be less than 8 meters (26 feet) HASL (or HAMSL, as 
appropriate for the support structure). The value used for h in the 
formula in paragraph (a)(1) of this section must not be less than 30 
meters (98 feet) HAAT, except that for unserved area applications 
proposing a cell with an ERP not exceeding 10

[[Page 111]]

Watts, the value for h used in the formula in paragraph (a)(1) of this 
section to determine the service area boundary for that cell may be less 
than 30 meters (98 feet) HAAT, but not less than 3 meters (10 feet) 
HAAT.
    (4) The value used for p in the formulas in paragraphs (a)(1) and 
(a)(2) of this section must not be less than 0.1 Watt or 27 dB less than 
(1/500 of) the maximum ERP in any direction, whichever is more.
    (5) Whenever use of the formula in paragraph (a)(1) of this section 
pursuant to the exception contained in paragraph (a)(3) of this section 
results in a calculated distance that is less than 5.4 kilometers (3.4 
miles), the radial distance to the service area boundary is deemed to be 
5.4 kilometers (3.4 miles).
    (6) The distance from a cell transmitting antenna to the SAB along 
any radial other than the eight cardinal radials is calculated by linear 
interpolation of distance as a function of angle.
    (b) Alternative CGSA determination (non-PSD). If a carrier believes 
that the method described in paragraph (a) of this section produces a 
CGSA that departs significantly (20% in the 
service area of any cell) from the geographic area where reliable 
cellular service is actually provided, the carrier may submit, as an 
exhibit to an application for modification of the CGSA using FCC Form 
601, a depiction of what the carrier believes the CGSA should be. Such 
submissions must be accompanied by one or more supporting propagation 
studies using methods appropriate for the 800-900 MHz frequency range, 
including all supporting data and calculations, and/or by extensive 
field strength measurement data. For the purpose of such submissions, 
cellular service is considered to be provided in all areas, including 
``dead spots'', between the transmitter location and the locus of points 
where the predicted or measured median field strength finally drops to 
32 dB[micro]V/m (i.e. does not exceed 32 dB[micro]V/m further out). If, 
after consideration of such submissions, the FCC finds that adjustment 
to a CGSA is warranted, the FCC may grant the application.
    (1) The alternative CGSA determination must define the CGSA in terms 
of distances from the cell sites to the 32 dB[micro]V/m contour along 
the eight cardinal radials, with points in other azimuthal directions 
determined by the method given in paragraph (a)(6) of this section. The 
distances used must be representative of the coverage within the eight 
cardinal radials, as depicted by the alternative CGSA determination.
    (2) If an uncalibrated predictive model is used to depict the CGSA, 
the alternative CGSA determination must identify factors (e.g. terrain 
roughness or features) that could plausibly account for the difference 
between actual coverage and that defined by the formula in paragraph 
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact 
is disclosed in the alternative CGSA determination, it is not necessary 
to offer an explanation of the difference between actual coverage and 
that defined by the formula in paragraph (a)(1) of this section. If the 
formula in paragraph (a)(1) of this section is clearly inapplicable for 
the cell(s) in question (e.g. for microcells), this should be disclosed 
in the alternative CGSA determination.
    (3) The provision for alternative CGSA determinations was made in 
recognition that the formula in paragraph (a)(1) of this section is a 
general model that provides a reasonable approximation of coverage in 
most land areas, but may under-predict or over-predict coverage in 
specific areas with unusual terrain roughness or features, and may be 
inapplicable for certain purposes, e.g., cells with a coverage radius of 
less than 8 kilometers (5 miles). In such cases, alternative methods 
that utilize more specific models are appropriate. Accordingly, the FCC 
does not consider use of the formula in paragraph (a)(1) of this section 
with parameters outside of the limits in paragraphs (a)(3), (a)(4) and 
(a)(5) of this section or with data for radials other than the cardinal 
radials to be a valid alternative method for determining the CGSA of a 
cellular system.
    (c) CGSA determination (PSD). (1) For the purpose of calculating the 
SABs for cell sites and determining CGSA expansion areas for Cellular 
base stations

[[Page 112]]

that operate using PSD (as permitted under Sec.  22.913), the licensee 
must use a predictive propagation model that is appropriate for the 
service provided, taking into account terrain and local conditions. The 
SAB and CGSA boundary must be defined in terms of distances from the 
cell site to the 32 dB[micro]V/m contour along the eight cardinal 
radials, with points in other azimuthal directions determined by the 
method set forth in paragraph (a)(6) of this section. The distances used 
must be representative of the coverage within the eight cardinal 
radials.
    (2) An application for major modification of the CGSA under this 
paragraph (c) must include, as an exhibit, a depiction of the CGSA 
accompanied by one or more supporting propagation studies using methods 
appropriate for the 800-900 MHz frequency range, including all 
supporting data and calculations, and/or by extensive field strength 
measurement data. For the purpose of such submissions, Cellular service 
is considered to be provided in all areas, including ``dead spots,'' 
between the transmitter location and the locus of points where the 
predicted or measured median field strength finally drops to 32 
dB[micro]V/m (i.e., does not exceed 32 dB[micro]V/m further out). If, 
after consideration of such submissions, the FCC finds that adjustment 
to a CGSA is warranted, the FCC may grant the application.
    (d) Protection afforded. Cellular systems are entitled to protection 
only within the CGSA (as determined in accordance with this section) 
from co-channel and first-adjacent channel interference (see Sec.  
22.983). Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific 
cells or by other technical means.
    (e) [Reserved]

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. 
17, 2002; 68 FR 42295, July 17, 2003; 79 FR 72151, Dec. 5, 2014; 82 FR 
17582, Apr. 12, 2017]

    Effective Date Note: At 82 FR 17582, Apr. 12, 2017, Sec.  22.911 was 
amended in part by revising the introductory text, paragraph (a) heading 
and introductory text, paragraph (b) heading, and paragraph (b)(1) and 
adding paragraph (c). Paragraphs (a) through (c) contain information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec.  22.912  Service area boundary extensions.

    This section contains rules governing service area boundary (SAB) 
extensions. SAB extensions are areas (calculated using the methodology 
of Sec.  22.911) that extend outside of the licensee's Cellular 
Geographic Service Area (CGSA) boundary into Unserved Area or into the 
CGSA of a neighboring co-channel licensee. Service within SAB extensions 
is not protected from interference or capture under Sec.  22.911(d) 
unless and until the area within the SAB extension becomes part of the 
CGSA in compliance with all applicable rules.
    (a) Extensions into Unserved Area. Subject to paragraph (c) of this 
section, the licensee of a Cellular system may, at any time, extend its 
SAB into Unserved Area and provide service on a secondary basis only, 
provided that the extension area comprises less than 130 contiguous 
square kilometers (50 contiguous square miles). If more than one 
licensee of a Cellular system extends into all or a portion of the same 
Unserved Area under this section, all such licensees may provide service 
in such Unserved Area on a shared secondary (unprotected) basis only.
    (b) Contract extensions. The licensee of any Cellular system may, at 
any time, enter into a contract with an applicant for, or a licensee of, 
a Cellular system on the same channel block to allow one or more SAB 
extensions into its CGSA (not into Unserved Area).
    (c) Gulf of Mexico Service Area. Land-based Cellular system 
licensees may not extend their SABs into the Gulf of Mexico Exclusive 
Zone (GMEZ) absent written contractual consent of the co-channel GMEZ 
licensee. GMEZ licensees may not extend their SABs into the CGSA of a 
licensee on the same channel block in an adjacent CMA or the Gulf of 
Mexico Coastal Zone absent written contractual consent of the co-channel 
licensee.

[79 FR 72151, Dec. 5, 2014]

[[Page 113]]



Sec.  22.913  Effective radiated power limits.

    Licensees in the Cellular Radiotelephone Service are subject to the 
effective radiated power (ERP) limits and other requirements in this 
Section. See also Sec.  22.169.
    (a) Maximum ERP. The ERP of transmitters in the Cellular 
Radiotelephone Service must not exceed the limits in this section.
    (1) Except as described in paragraphs (a)(2), (3), and (4) of this 
section, the ERP of base stations and repeaters must not exceed--
    (i) 500 watts per emission; or
    (ii) 400 watts/MHz (PSD) per sector.
    (2) Except as described in paragraphs (a)(3) and (4) of this 
section, for systems operating in areas more than 72 kilometers (45 
miles) from international borders that:
    (i) Are located in counties with population densities of 100 persons 
or fewer per square mile, based upon the most recently available 
population statistics from the Bureau of the Census; or
    (ii) Extend coverage into Unserved Area on a secondary basis (see 
Sec.  22.949), the ERP of base transmitters and repeaters must not 
exceed--
    (A) 1000 watts per emission; or
    (B) 800 watts/MHz (PSD) per sector.
    (3) Provided that they also comply with paragraphs (b) and (c) of 
this section, licensees are permitted to operate their base transmitters 
and repeaters with an ERP greater than 400 watts/MHz (PSD) per sector, 
up to a maximum ERP of 1000 watts/MHz (PSD) per sector unless they meet 
the conditions in paragraph (a)(4) of this section.
    (4) Provided that they also comply with paragraphs (b) and (c) of 
this section, licensees of systems operating in areas more than 72 
kilometers (45 miles) from international borders that:
    (i) Are located in counties with population densities of 100 persons 
or fewer per square mile, based upon the most recently available 
population statistics from the Bureau of the Census; or
    (ii) Extend coverage into Unserved Area on a secondary basis (see 
Sec.  22.949), are permitted to operate base transmitters and repeaters 
with an ERP greater than 800 watts/MHz (PSD) per sector, up to a maximum 
of 2000 watts/MHz (PSD) per sector.
    (5) The ERP of mobile transmitters and auxiliary test transmitters 
must not exceed 7 watts.
    (b) Power flux density (PFD). Until May 12, 2024, each Cellular base 
station that operates at the higher ERP limits permitted under 
paragraphs (a)(3) and (4) of this section must be designed and deployed 
so as not to exceed a modeled PFD of 3000 microwatts/m\2\/MHz over at 
least 98% of the area within 1 km of the base station antenna, at 1.6 
meters above ground level. To ensure its compliance with this 
requirement, the licensee must perform predictive modeling of the PFD 
values within at least 1 km of each base station antenna prior to 
commencing such operations and, thereafter, prior to making any site 
modifications that may increase the PFD levels around the base station. 
The modeling tools must take into consideration terrain and other local 
conditions and must use good engineering practices for the 800 MHz band.
    (c) Advance notification requirement. At least 30 days but not more 
than 90 days prior to activating a base station at the higher ERP limits 
permitted under paragraphs (a)(3) and (4) of this section, the Cellular 
licensee must provide written advance notice to any public safety 
licensee authorized in the frequency range 806-816 MHz/851-861 MHz with 
a base station located within a radius of 113 km of the Cellular base 
station to be deployed. The written notice shall be required only one 
time for each such cell site and is for informational purposes only; the 
public safety licensees are not afforded the right to accept or reject 
the activation or to unilaterally require changes in the operating 
parameters. The written notification must include the base station's 
location, ERP level, height of the transmitting antenna's center of 
radiation above ground level, and the timeframe for activation, as well 
as the Cellular licensee's contact information. Additional information 
shall be provided by the Cellular licensee upon request of a public 
safety licensee required to be notified under this paragraph (c). See 
also Sec. Sec.  22.970 through 22.973.
    (d) Power measurement. Measurement of the ERP of Cellular base 
transmitters and repeaters must be made using

[[Page 114]]

an average power measurement technique. The peak-to-average ratio (PAR) 
of the transmission must not exceed 13 dB. Power measurements for base 
transmitters and repeaters must be made in accordance with either of the 
following:
    (1) A Commission-approved average power technique (see FCC 
Laboratory's Knowledge Database); or
    (2) For purposes of this section, peak transmit power must be 
measured over an interval of continuous transmission using 
instrumentation calibrated in terms of an rms-equivalent voltage. The 
measurement results shall be properly adjusted for any instrument 
limitations, such as detector response times, limited resolution 
bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true peak measurement for the 
emission in question over the full bandwidth of the channel.
    (e) Height-power limit. The ERP of base transmitters must not exceed 
the amount that would result in an average distance to the service area 
boundary of 79.1 kilometers (49 miles) for Cellular systems authorized 
to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all 
other Cellular systems. The average distance to the service area 
boundary is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec.  22.911 for the eight 
cardinal radial directions.
    (f) Exemptions from height-power limit. Licensees need not comply 
with the height-power limit in paragraph (e) of this section if either 
of the following conditions is met:
    (1) The proposed operation is coordinated with the licensees of all 
affected Cellular systems on the same channel block within 121 
kilometers (75 miles) and concurrence is obtained; or
    (2) The licensee's base transmitter or repeater is operated at the 
ERP limits (W/MHz) specified above in paragraph (a)(1)(ii), (a)(2)(ii), 
(a)(3), or (a)(4) of this section.

[82 FR 17582, Apr. 12, 2017]

    Effective Date Note: At 82 FR 17582, Apr. 12, 2017, Sec.  22.913 was 
revised. Paragraphs (a), (c), and (f) contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec.  22.917  Emission limitations for cellular equipment.

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

[[Page 115]]

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

[67 FR 77191, Dec. 17, 2002, as amended at 82 FR 17583, Apr. 12, 2017]



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

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

[67 FR 77192, Dec. 17, 2002]



Sec.  22.923  Cellular system configuration.

    Mobile stations communicate with and through base transmitters only. 
Base transmitters communicate with mobile stations directly or through 
cellular repeaters. Auxiliary test stations may communicate with base or 
mobile stations for the purpose of testing equipment.



Sec.  22.925  Prohibition on airborne operation of cellular telephones.

    Cellular telephones installed in or carried aboard airplanes, 
balloons or any other type of aircraft must not be operated while such 
aircraft are airborne (not touching the ground). When any aircraft 
leaves the ground, all cellular telephones on board that aircraft must 
be turned off. The following notice must be posted on or near each 
cellular telephone installed in any aircraft:
    ``The use of cellular telephones while this aircraft is airborne is 
prohibited by FCC rules, and the violation of this rule could result in 
suspension of service and/or a fine. The use of cellular telephones 
while this aircraft is on the ground is subject to FAA regulations.''



Sec.  22.927  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a cellular 
system, when receiving service from that cellular system, are considered 
to be operating under the authorization of that cellular system. 
Cellular system licensees are responsible for exercising effective 
operational control over mobile stations receiving service through their 
cellular systems. Mobile stations that are subscribers in good standing 
to a cellular system, while receiving service from a different cellular 
system, are considered to be operating under the authorization of such 
different system. The licensee of such different system is responsible, 
during such temporary period, for exercising effective operational 
control over such mobile stations as if they were subscribers to it.



Sec. Sec.  22.929-22.943  [Reserved]



Sec.  22.946  Construction period for Unserved Area authorizations.

    The construction period applicable to new or modified Cellular 
facilities for which an authorization is granted pursuant to the 
Unserved Area process is one year, beginning on the date the 
authorization is granted. To satisfy this requirement, a Cellular system 
must be providing service to mobile stations operated by subscribers and 
roamers. The licensee must notify the FCC (FCC Form 601) after the 
requirements of this section are met. See Sec.  1.946 of this chapter. 
See also Sec.  22.949.

[79 FR 72151, Dec. 5, 2014]



Sec.  22.947  Discontinuance of service.

    (a) Termination of authorization. (1) Except with respect to CMA672-
A (see paragraph (a)(2) of this section), a licensee's Cellular 
Geographic Service

[[Page 116]]

Area (CGSA) authorization will automatically terminate, without specific 
Commission action, if the licensee permanently discontinues service. A 
new-system licensee is not subject to this provision until after 
expiration of the construction period specified in Sec.  22.946.
    (2) The licensee's authorization for CMA672-A (Chambers, TX) will 
automatically terminate, without specific Commission action, if the 
licensee permanently discontinues service after meeting its interim 
construction requirement as specified in Sec.  22.961(b)(1).
    (b) Permanent discontinuance. Permanent discontinuance of service is 
defined as 180 consecutive days during which a Cellular licensee does 
not operate or, in the case of a commercial mobile radio service 
provider, does not provide service to at least one subscriber that is 
not affiliated with, controlled by, or related to the providing carrier.
    (c) Filing requirements. A licensee that permanently discontinues 
service as defined in this section must notify the Commission of the 
discontinuance within 10 days by filing, via the ULS, FCC Form 601 
requesting license cancellation. An authorization will automatically 
terminate, without specific Commission action, if service is permanently 
discontinued as defined in this section, even if a licensee fails to 
file the required form requesting license cancellation.

[82 FR 17583, Apr. 12, 2017]

    Effective Date Note: At 82 FR 17583, Apr. 12, 2017, Sec.  22.947 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, Sec.  22.947 was 
removed but will not become effective until approval has been given by 
the Office of Management and Budget.



Sec.  22.948  Geographic partitioning and spectrum disaggregation; 
spectrum leasing.

    Cellular licensees may apply to partition any portion of their 
licensed Cellular Geographic Service Area (CGSA) or to disaggregate 
their licensed spectrum at any time following the grant of their 
authorization(s). Parties seeking approval for partitioning and 
disaggregation shall request from the FCC an authorization for partial 
assignment of a license pursuant to Sec.  1.948 of this chapter. See 
also paragraph (d) of this section regarding spectrum leasing.
    (a) Partitioning, disaggregation, or combined partitioning and 
disaggregation. Applicants must file FCC Form 603 (``Assignment of 
Authorization and Transfer of Control'') pursuant to Sec.  1.948 of this 
chapter, as well as GIS map files and a reduced-size PDF map pursuant to 
Sec.  22.953 for both the assignor and assignee.
    (b) Field strength limit. For purposes of partitioning and 
disaggregation, Cellular systems must be designed so as to comply with 
Sec.  22.983.
    (c) License term. The license term for a partitioned license area 
and for disaggregated spectrum will be the remainder of the original 
license term.
    (d) Spectrum leasing. Cellular spectrum leasing is subject to all 
applicable provisions of subpart X of part 1 of this chapter as well as 
the provisions of paragraph (a) of this section, except that applicants 
must file FCC Form 608 (``Application or Notification for Spectrum 
Leasing Arrangement or Private Commons Arrangement''), not FCC Form 603.

[79 FR 72152, Dec. 5, 2014]



Sec.  22.949  Unserved Area licensing; minimum coverage requirements.

    (a) The Unserved Area licensing process described in this section is 
on-going and applications may be filed at any time, subject to the 
following coverage requirements:
    (1) Applicants for authority to operate a new Cellular system or 
expand an existing Cellular Geographic Service Area (CGSA) in Unserved 
Area must propose a CGSA or CGSA expansion of at least 130 contiguous 
square kilometers (50 contiguous square miles) using the methodology of 
Sec.  22.911.
    (2) Applicants for authority to operate a new Cellular system must 
not propose coverage of water areas only (or water areas and uninhabited 
islands or reefs only), except for Unserved Area in the Gulf of Mexico 
Service Area.
    (b) There is no limit to the number of Unserved Area applications 
that may

[[Page 117]]

be granted on each channel block of each CMA that is subject to the 
procedures of this section. Consequently, Unserved Area applications are 
mutually exclusive only if the proposed CGSAs would overlap. Mutually 
exclusive applications are processed using the general procedures under 
Sec.  22.131.
    (c) Unserved Area applications under this section may propose a CGSA 
covering more than one CMA. Each Unserved Area application must request 
authorization for only one CGSA and must not propose a CGSA overlap with 
an existing CGSA.
    (d) Settlements among some, but not all, applicants with mutually 
exclusive applications for Unserved Area (partial settlements) under 
this section are prohibited. Settlements among all applicants with 
mutually exclusive applications under this section (full settlements) 
are allowed and must be filed no later than the date that the FCC Form 
175 (short-form) is filed.

[79 FR 72152, Dec. 5, 2014]



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

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

[67 FR 9610, Mar. 4, 2002, as amended at 79 FR 72152, Dec. 5, 2014]



Sec.  22.951  [Reserved]



Sec.  22.953  Content and form of applications for Cellular Unserved 
Area authorizations.

    Applications for authority to operate a new Cellular system or to 
modify an existing Cellular system must comply with the specifications 
in this section.
    (a) New Systems. In addition to information required by subpart B of 
this part and by FCC Form 601, applications for an Unserved Area 
authorization to operate a Cellular system must comply with all 
applicable requirements set forth in part 1 of this chapter, including 
the requirements specified in

[[Page 118]]

Sec. Sec.  1.913, 1.923, and 1.924, and must include the information 
listed below. Geographical coordinates must be correct to 1 second using the NAD 83 datum.
    (1) Exhibit I--Geographic Information System (GIS) map files. 
Geographic Information System (GIS) map files must be submitted showing 
the entire proposed CGSA, the new cell sites (transmitting antenna 
locations), and the service area boundaries of additional and modified 
cell sites that extend into Unserved Area being claimed as CGSA. See 
Sec.  22.911. The FCC will specify the file format required for the GIS 
map files, which are to be submitted electronically via the Universal 
Licensing System (ULS).
    (2) Exhibit II--Reduced-size PDF map. This map must be 8\1/2\ x 11 
inches (if possible, a proportional reduction of a 1:500,000 scale map). 
The map must have a legend, a distance scale, and correctly labeled 
latitude and longitude lines. The map must be clear and legible. The map 
must accurately show the entire proposed CGSA, the new cell sites 
(transmitting antenna locations), the service area boundaries of 
additional and modified cell sites that extend beyond the CGSA, and the 
relevant portions of the CMA boundary. See Sec.  22.911.
    (3) Exhibit III--Technical Information. In addition, upon request by 
an applicant, licensee, or the FCC, a Cellular applicant or licensee of 
whom the request is made shall furnish the antenna type, model, the name 
of the antenna manufacturer, antenna gain in the maximum lobe, the beam 
width of the maximum lobe of the antenna, a polar plot of the horizontal 
gain pattern of the antenna, antenna height to tip above ground level, 
the height of the center of radiation of the antenna above the average 
terrain, the maximum effective radiated power, and the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed to the requesting party within ten (10) days of receiving 
written notification.
    (4)-(10) [Reserved]
    (11) Additional information. The FCC may request information not 
specified in FCC Form 601 or in paragraphs (a)(1) through (a)(3) of this 
section as necessary to process an application.
    (b) Existing systems--major modifications. Licensees making major 
modifications pursuant to Sec.  1.929(a) and (b) of this chapter must 
file FCC Form 601 and comply with the requirements of paragraph (a) of 
this section.
    (c) Existing systems--minor modifications. Licensees making minor 
modifications pursuant to Sec.  1.929(k) of this chapter must file FCC 
Form 601 or FCC Form 603, provided, however, that a resulting reduction 
in coverage within the CGSA is not subject to this requirement. See 
Sec.  1.947(b). See also Sec.  22.169. If the modification involves a 
contract SAB extension into or from the Gulf of Mexico Exclusive Zone, 
it must include a certification that the required written consent has 
been obtained. See Sec. Sec.  22.912(c) and 22.950.

[79 FR 72152, Dec. 5, 2014, as amended at 82 FR 17584, Apr. 12, 2017]

    Effective Date Note: At 82 FR 17584, Apr. 12, 2017, in Sec.  22.953, 
paragraph (c) was revised. This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. Sec.  22.955-22.957  [Reserved]



Sec.  22.959  Rules governing processing of applications for initial
systems.

    Pending applications for authority to operate the first cellular 
system on a channel block in an MSA or RSA market continue to be 
processed under the rules governing the processing of such applications 
that were in effect when those applications were filed, unless the 
Commission determines otherwise in a particular case.



Sec.  22.960  Cellular operations in the Chambers, TX CMA (CMA672-A).

    This section applies only to Cellular systems operating on channel 
block A of the Chambers, Texas CMA (CMA672-A).
    (a) The geographic boundary of CMA672-A is deemed to be the Cellular 
Geographic Service Area (CGSA) boundary. This CGSA boundary is not 
determined using the methodology of Sec.  22.911. The licensee of 
CMA672-A may not propose an expansion of this CGSA

[[Page 119]]

into another CMA unless and until it meets the construction requirement 
set forth in paragraph (b)(2) of this section.
    (b) A licensee that holds the license for CMA672-A must be providing 
signal coverage and offering service as follows (and in applying these 
geographic construction benchmarks, the licensee is to count total land 
area):
    (1) To at least 35% of the geographic area of CMA672-A within four 
years of the grant of such authorization; and
    (2) To at least 70% of the geographic area of its license 
authorization by the end of the license term.
    (c) After it has met each of the requirements of paragraphs (b)(1) 
and (b)(2), respectively, of this section, the licensee that holds the 
license for CMA672-A must notify the FCC that it has met the requirement 
by submitting FCC Form 601, including GIS map files and other supporting 
documents showing compliance with the requirement. See Sec.  1.946 of 
this chapter. See also Sec.  22.953.
    (d) Failure to meet the construction requirements set forth in 
paragraphs (b)(1) and (b)(2) of this section by each of the applicable 
deadlines will result in automatic termination of the license for 
CMA672-A and its return to the Commission for future re-licensing 
subject to competitive bidding procedures. The licensee that fails to 
meet each requirement of this section by the applicable deadline set 
forth in paragraphs (b)(1) and (b)(2) shall be ineligible to regain the 
license for CMA672-A.

[79 FR 72153, Dec. 5, 2014]



Sec.  22.961  Cellular licenses subject to competitive bidding.

    (a) The following applications for Cellular licensed area 
authorizations are subject to competitive bidding:
    (1) Mutually exclusive applications for Unserved Area filed after 
July 26, 1993; and
    (2) Mutually exclusive applications for the initial authorization 
for CMA672-A (Chambers, TX).
    (b) The competitive bidding procedures set forth in Sec.  22.229 and 
the general competitive bidding procedures set forth in subpart Q of 
part 1 of this chapter will apply.

[79 FR 72153, Dec. 5, 2014]



Sec. Sec.  22.962-22.969  [Reserved]



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

    (a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable 
interference to non-cellular part 90 licensees in the 800 MHz band from 
cellular radiotelephone or part 90-800 MHz cellular systems will be 
deemed to occur when the below conditions are met:
    (1) A transceiver at a site at which interference is encountered:
    (i) Is in good repair and operating condition, and is receiving:
    (A) A median desired signal of -104 dBm or higher, as measured at 
the R.F. input of the receiver of a mobile unit; or
    (B) A median desired signal of -101 dBm or higher, as measured at 
the R.F. input of the receiver of a portable i.e. hand-held unit; and, 
either
    (ii) Is a voice transceiver:
    (A) With manufacturer published performance specifications for the 
receiver section of the transceiver equal to, or exceeding, the minimum 
standards set out in paragraph (b) of this section, below; and;
    (B) Receiving an undesired signal or signals which cause the 
measured Carrier to Noise plus interference (C/(I + N)) ratio of the 
receiver section of said transceiver to be less than 20 dB, or,
    (iii) Is a non-voice transceiver receiving an undesired signal or 
signals which cause the measured bit error rate (BER) (or some 
comparable specification) of the receiver section of said transceiver to 
be more than the value reasonably designated by the manufacturer.
    (2) Provided, however, that if the receiver section of the mobile or 
portable voice transceiver does not conform to the standards set out in 
paragraph (b) of this section, then that transceiver shall be deemed 
subject to unacceptable interference only at sites where the median 
desired signal satisfies the applicable threshold measured signal

[[Page 120]]

power in paragraph (a)(1)(i) of this section after an upward adjustment 
to account for the difference in receiver section performance. The 
upward adjustment shall be equal to the increase in the desired signal 
required to restore the receiver section of the subject transceiver to 
the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. 
The adjusted threshold levels shall then define the minimum measured 
signal power(s) in lieu of paragraphs (a)(1)(i) of this section at which 
the licensee using such non-compliant transceiver is entitled to 
interference protection.
    (b) Minimum receiver requirements. Voice transceivers capable of 
operating in the 806-824 MHz portion of the 800 MHz band shall have the 
following minimum performance specifications in order for the system in 
which such transceivers are used to claim entitlement to full protection 
against unacceptable interference (See paragraph (a) (2) of this 
section).
    (1) Voice units intended for mobile use: 75 dB intermodulation 
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.
    (2) Voice units intended for portable use: 70 dB intermodulation 
rejection ratio; 70 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.

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



Sec.  22.971  Obligation to abate unacceptable interference.

    (a) Strict Responsibility. Any licensee who, knowingly or 
unknowingly, directly or indirectly, causes or contributes to causing 
unacceptable interference to a non-cellular part 90 of this chapter 
licensee in the 800 MHz band, as defined in Sec.  22.970, shall be 
strictly accountable to abate the interference, with full cooperation 
and utmost diligence, in the shortest time practicable. Interfering 
licensees shall consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec.  22.972(c). This 
strict responsibility obligation applies to all forms of interference, 
including out-of-band emissions and intermodulation.
    (b) Joint and several responsibility. If two or more licensees 
knowingly or unknowingly, directly or indirectly, cause or contribute to 
causing unacceptable interference to a non-cellular part 90 of this 
chapter licensee in the 800 MHz band, as defined in Sec.  22.970, such 
licensees shall be jointly and severally responsible for abating 
interference, with full cooperation and utmost diligence, in the 
shortest practicable time.
    (1) This joint and several responsibility rule requires interfering 
licensees to consider all feasible interference abatement measures, 
including, but not limited to, the remedies specified in the 
interference resolution procedures set forth in Sec.  22.972(c). This 
joint and several responsibility rule applies to all forms of 
interference, including out-of-band emissions and intermodulation.
    (2) Any licensee that can show that its signal does not directly or 
indirectly, cause or contribute to causing unacceptable interference to 
a non-cellular part 90 of this chapter licensee in the 800 MHz band, as 
defined in this chapter, shall not be held responsible for resolving 
unacceptable interference. Notwithstanding, any licensee that receives 
an interference complaint from a public safety/CII licensee shall 
respond to such complaint consistent with the interference resolution 
procedures set forth in this chapter.

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



Sec.  22.972  Interference resolution procedures.

    (a) Initial notification. (1) Cellular Radiotelephone licensees may 
receive initial notification of interference from non-cellular part 90 
of this chapter licensees in the 800 MHz band pursuant to Sec.  
90.674(a) of this chapter.
    (2) Cellular Radiotelephone licensees, in conjunction with part 90 
ESMR licensees, shall establish an electronic means of receiving the 
initial notification described in Sec.  90.674(a) of this chapter. The 
electronic system must be designed so that all appropriate Cellular 
Radiotelephone licensees and part 90 ESMR licensees can be contacted 
about the interference incident with a single notification. The 
electronic system for

[[Page 121]]

receipt of initial notification of interference complaints must be 
operating no later than February 22, 2005.
    (3) Cellular Radiotelephone licensees must respond to the initial 
notification described in Sec.  90.674(a) of this chapter, as soon as 
possible and no later than 24 hours after receipt of notification from a 
part 90 public safety/CII licensee. This response time may be extended 
to 48 hours after receipt from other part 90 non-cellular licensees 
provided affected communications on these systems are not safety 
related.
    (b) Interference analysis. Cellular Radiotelephone licensees--who 
receive an initial notification described in Sec.  90.674(a) of this 
chapter--shall perform a timely analysis of the interference to identify 
the possible source. Immediate on-site visits may be conducted when 
necessary to complete timely analysis. Interference analysis must be 
completed and corrective action initiated within 48 hours of the initial 
complaint from a part 90 of this chapter public safety/CII licensee. 
This response time may be extended to 96 hours after the initial 
complaint from other part 90 of this chapter non-cellular licensees 
provided affected communications on these systems are not safety 
related. Corrective action may be delayed if the affected licensee 
agrees in writing (which may be, but is not required to be, recorded via 
e-mail or other electronic means) to a longer period.
    (c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of 
this chapter--800 MHz cellular system licensees who are responsible for 
causing unacceptable interference shall take all affirmative measures to 
resolve such interference. Cellular Radiotelephone licensees found to 
contribute to unacceptable interference, as defined in Sec.  22.970, 
shall resolve such interference in the shortest time practicable. 
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz 
cellular system licensees must provide all necessary test apparatus and 
technical personnel skilled in the operation of such equipment as may be 
necessary to determine the most appropriate means of timely eliminating 
the interference. However, the means whereby interference is abated or 
the cell parameters that may need to be adjusted is left to the 
discretion of the Cellular Radiotelephone and/or part 90 of this 
chapter--800 MHz cellular system licensees, whose affirmative measures 
may include, but not be limited to, the following techniques:
    (i) Increasing the desired power of the public safety/CII signal;
    (ii) Decreasing the power of the part 90 ESMR and/or Cellular 
Radiotelephone system signal;
    (iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna height;
    (iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone 
system antenna characteristics;
    (v) Incorporating filters into part 90 ESMR and/or Cellular 
Radiotelephone transmission equipment;
    (vi) Permanently changing part 90 ESMR and/or Cellular 
Radiotelephone frequencies; and
    (vii) Supplying interference-resistant receivers to the affected 
public safety/CII licensee(s). If this technique is used, in all 
circumstances, Cellular Radiotelephone and/or part 90 of this chapter 
ESMR licensees shall be responsible for all costs thereof.
    (2) Whenever short-term interference abatement measures prove 
inadequate, the affected part 90 of this chapter non-cellular licensee 
shall, consistent with but not compromising safety, make all necessary 
concessions to accepting interference until a longer-term remedy can be 
implemented.
    (3) Discontinuing operations when clear imminent danger exists. When 
a part 90 of this chapter public safety licensee determines that a 
continuing presence of interference constitutes a clear and imminent 
danger to life or property, the licensee causing the interference must 
discontinue the associated operation immediately, until a remedy can be 
identified and applied. The determination that a continuing presence 
exists that constitutes a clear and imminent danger to life or property, 
must be made by written statement that:
    (i) Is in the form of a declaration, notarized affidavit, or 
statement under penalty or perjury, from an officer or executive of the 
affected public safety licensee;

[[Page 122]]

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

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



Sec.  22.973  Information exchange.

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

[69 FR 67834, Nov. 22, 2004]



Sec.  22.983  Field strength limit.

    (a) Subject to paragraphs (b) and (c) of this section, a licensee's 
predicted or measured median field strength limit must not exceed 40 
dB[micro]V/m at any given point along the Cellular Geographic Service 
Area (CGSA) boundary of a neighboring licensee on the same channel 
block, unless the affected licensee of the neighboring CGSA on the same 
channel block agrees to a different field strength. This also applies to 
CGSAs partitioned pursuant to Sec.  22.948.
    (b) Gulf of Mexico Service Area. Notwithstanding the field strength 
limit provision set forth in paragraph (a) of this section, licensees in 
or adjacent to the Gulf of Mexico Exclusive Zone are subject to Sec.  
22.912(c) regarding service area boundary extensions. See Sec.  
22.912(c).
    (c) Cellular licensees shall be subject to all applicable provisions 
and requirements of treaties and other international agreements between 
the United States government and the governments of Canada and Mexico, 
notwithstanding paragraphs (a) and (b) of this section.

[79 FR 72153, Dec. 5, 2014]



                Subpart I_Offshore Radiotelephone Service



Sec.  22.1001  Scope.

    The rules in this subpart govern the licensing and operation of 
offshore radiotelephone stations. The licensing and operation of these 
stations and systems is also subject to rules elsewhere in this part 
that apply generally to the public mobile services. However, in case of 
conflict, the rules in this subpart govern.

[[Page 123]]



Sec.  22.1003  Eligibility.

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

[70 FR 19312, Apr. 13, 2005]



Sec.  22.1005  Priority of service.

    Facilities in the Offshore Radiotelephone Service are intended 
primarily for rendition of public message service between offshore 
subscriber and central stations. However, they may also be used to 
render private leased line communication service, provided that such 
usage does not reduce or impair the extent or quality of communication 
service which would be available, in the absence of private leased line 
service, to the general public receiving or subsequently requesting 
public message service from an offshore central station.



Sec.  22.1007  Channels for offshore radiotelephone systems.

    The channels listed in this section are allocated for paired 
assignment to transmitters located in the specified geographical zones 
that provide offshore radiotelephone service. All channels have a 
bandwidth of 20 kHz and are designated by their center frequencies in 
MegaHertz.
    (a) Zone A--Southern Louisiana. The geographical area in Zone A is 
bounded as follows:

    From longitude W.87[deg]45[min] on the East to longitude 
W.94[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit 
along the Gulf of Mexico shoreline on the North to the limit of the 
Outer Continental Shelf on the South.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.025......................  491.025      488.225.........  491.225
488.050......................  491.050      488.250.........  491.250
488.075......................  491.075      488.275.........  491.275
488.100......................  491.100      488.300.........  491.300
488.125......................  491.125      488.325.........  491.325
488.150......................  491.150      488.350.........  491.350
488.175......................  491.175      488.375.........  491.375
488.200......................  491.200      488.400.........  491.400
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.425......................  491.425      488.575.........  491.575
488.450......................  491.450      488.600.........  491.600
488.475......................  491.475      488.625.........  491.625
488.500......................  491.500      488.650.........  491.650
488.525......................  491.525      488.675.........  491.675
488.550......................  491.550      488.700.........  491.700
------------------------------------------------------------------------

    (3) These channels may be assigned for use by relay stations in 
systems where it would be impractical to provide offshore radiotelephone 
service without the use of relay stations.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.725......................  491.725      488.775.........  491.775
488.750......................  491.750      488.800.........  491.800
------------------------------------------------------------------------

    (4) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency communications 
involving protection of life and property.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.825......................  491.825      488.875.........  491.875
488.850......................  491.850      488.900.........  491.900
------------------------------------------------------------------------

    (5) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                        Central              Subscriber
------------------------------------------------------------------------
                488.950................  491.950
------------------------------------------------------------------------

    (6) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency shut-off remote 
control telemetry, environmental data acquisition and disseminations, or 
facsimile transmissions.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.000......................  492.000      489.200.........  492.200

[[Page 124]]

 
489.025......................  492.025      489.225.........  492.225
489.050......................  492.050      489.250.........  492.250
489.075......................  492.075      489.275.........  492.275
489.100......................  492.100      489.300.........  492.300
489.125......................  492.125      489.325.........  492.325
489.150......................  492.150      489.350.........  492.350
489.175......................  492.175      489.375.........  492.375
------------------------------------------------------------------------

    (7) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.400......................  492.400      489.725.........  492.725
489.425......................  492.425      489.750.........  492.750
489.450......................  492.450      489.775.........  492.775
489.475......................  492.475      489.800.........  492.800
489.500......................  492.500      489.825.........  492.825
489.525......................  492.525      489.850.........  492.850
489.550......................  492.550      489.875.........  492.875
489.575......................  492.575      489.900.........  492.900
489.600......................  492.600      489.925.........  492.925
489.625......................  492.625      489.950.........  492.950
489.650......................  492.650      489.975.........  492.975
489.675......................  492.675      490.000.........  493.000
489.700......................  492.700
------------------------------------------------------------------------

    (8) Interstitial channels. Interstitial channels are those with 
center frequencies offset by 12.5 kHz from the 
listed center frequencies. The FCC may assign interstitial channels to 
offshore stations in Zone A subject to the following conditions:
    (i) Offshore stations transmitting on interstitial channels must be 
located east of W.92[deg] longitude.
    (ii) Operations on interstitial channels are considered to be 
secondary to operations on channels with the listed center frequencies.
    (iii) Offshore stations operating on interstitial channels must be 
used only for voice grade general communications or to provide for 
private line service.

    Note to paragraph (a) of Sec.  22.1007: These channels are contained 
in UHF TV Channel 17.

    (b) Zone B--Southern Louisiana--Texas. (1) The geographical area in 
Zone B is bounded as follows:

    From longitude W.87[deg]45[min] on the East to longitude 
W.95[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit 
along the Gulf of Mexico shoreline on the North to the limit of the 
Outer Continental Shelf on the South.

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
485.025......................  482.025      486.025.........  483.025
485.050......................  482.050      486.050.........  483.050
485.075......................  482.075      486.075.........  483.075
485.100......................  482.100      486.100.........  483.100
485.125......................  482.125      486.125.........  483.125
485.150......................  482.150      485.150.........  483.150
485.175......................  482.175      486.175.........  483.175
485.200......................  482.200      486.200.........  483.200
485.225......................  482.225      486.225.........  483.225
485.250......................  482.250      486.250.........  483.250
485.275......................  482.275      486.275.........  483.275
485.300......................  482.300      486.300.........  483.300
485.325......................  482.325      486.325.........  483.325
485.350......................  482.350      486.350.........  483.350
485.375......................  482.375      486.375.........  483.375
485.400......................  482.400      486.400.........  483.400
485.425......................  482.425      486.425.........  483.425
485.450......................  482.450      486.450.........  483.450
485.475......................  482.475      486.475.........  483.475
485.500......................  482.500      486.500.........  483.500
485.525......................  482.525      486.525.........  483.525
485.550......................  482.550      484.550.........  483.550
485.575......................  482.575      486.575.........  483.575
485.600......................  482.600      486.600.........  483.600
485.625......................  482.625      486.625.........  483.625
485.650......................  482.650      486.650.........  483.650
485.675......................  482.675      486.675.........  483.675
485.700......................  482.700      486.700.........  483.700
485.725......................  482.725      486.725.........  483.725
485.750......................  482.750      486.750.........  483.750
485.775......................  482.775      486.775.........  483.775
485.800......................  482.800      486.800.........  483.800
485.825......................  482.825      486.825.........  483.825
485.850......................  482.850      486.850.........  483.850
485.875......................  482.875      486.875.........  483.875
485.900......................  482.900      486.900.........  483.900
485.925......................  482.925      486.925.........  483.925
485.950......................  482.950      486.950.........  483.950
485.975......................  482.975      486.975.........  483.975
486.000......................  483.000      487.050.........  480.050
------------------------------------------------------------------------

    Note to paragraph (b) of Sec.  22.1007: These channels are contained 
in UHF TV Channel 16.

    (c) Zone C--Southern Texas. The geographical area in Zone C is 
bounded as follows:

    Longitude W.94[deg]00[min] on the East, the 4.8 kilometer (3 mile) 
limit on the North and West, a 282 kilometer (175 mile) radius from the 
reference point at Linares, N.L., Mexico on the Southwest, latitude 
N.26[deg]00[min] on the South, and the limits of the outer continental 
shelf on the Southeast.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency

[[Page 125]]

auto alarm and voice transmission pertaining to emergency conditions 
only.

------------------------------------------------------------------------
                        Central              Subscriber
------------------------------------------------------------------------
                476.950................  479.950
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

476.025                              479.025
476.050                              479.050
476.075                              479.075
476.100                              479.100
476.125                              479.125
476.150                              479.150
476.175                              479.175
476.200                              479.200
476.225                              479.225
476.250                              479.250
476.275                              479.275
476.300                              479.300
476.325                              479.325
476.350                              479.350
476.375                              479.375
476.400                              479.400
476.425                              479.425
476.450                              479.450
476.475                              479.475
476.500                              479.500
476.525                              479.525
476.550                              479.550
476.575                              479.575
476.600                              479.600
476.625                              479.625
476.650                              479.650
476.675                              479.675
476.700                              479.700
476.725                              479.725
476.750                              479.750
476.775                              479.775
476.800                              479.800
476.825                              479.825
476.850                              479.850
476.875                              479.875
476.900                              479.900
477.000                              480.000
477.025                              480.025
477.075                              480.075
477.100                              480.100
477.125                              480.125
477.150                              480.150
477.175                              480.175
477.200                              480.200
477.225                              480.225
477.250                              480.250
477.275                              480.275
477.300                              480.300
477.325                              480.325
477.350                              480.350
477.375                              480.375
477.400                              480.400
477.425                              480.425
477.450                              480.450
477.475                              480.475
477.500                              480.500
477.525                              480.525
477.550                              480.550
477.575                              480.575
477.600                              480.600
477.625                              480.625
477.650                              480.650
477.675                              480.675
477.700                              480.700
477.725                              480.725
477.750                              480.750
477.775                              480.775
477.800                              480.800
477.825                              480.825
477.850                              480.850
477.875                              480.875
477.900                              480.900
477.925                              480.925
477.950                              480.950
477.975                              480.975
 


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



Sec.  22.1009  Transmitter locations.

    The rules in this section establish limitations on the locations 
from which stations in the Offshore Radiotelephone Service may transmit.
    (a) All stations. Offshore stations must not transmit from locations 
outside the boundaries of the appropriate zones specified in Sec.  
22.1007. Offshore stations must not transmit from locations within 241 
kilometers (150 miles) of any full-service television station that 
transmits on the TV channel containing the channel on which the offshore 
station transmits.
    (b) Airborne subscriber stations. Airborne subscriber stations must 
not transmit from altitudes exceeding 305 meters (1000 feet) above mean 
sea level. Airborne mobile stations in Zone A must not transmit from 
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. 
Airborne mobile stations in Zone B must not transmit from locations 
within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne 
mobile stations in Zone C must not transmit from locations within 129 
kilometers (80 miles) of Corpus Christi or locations within 129 
kilometers (80 miles) of Houston, Texas.



Sec.  22.1011  Antenna height limitations.

    The antenna height of offshore stations must not exceed 61 meters 
(200

[[Page 126]]

feet) above mean sea level. The antenna height of offshore surface 
mobile stations must not exceed 10 meters (30 feet) above the waterline.



Sec.  22.1013  Effective radiated power limitations.

    The effective radiated power (ERP) of transmitters in the Offshore 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum power. The ERP of transmitters in this service must not 
exceed 1000 Watts under any circumstances.
    (b) Mobile transmitters. The ERP of mobile transmitters must not 
exceed 100 Watts. The ERP of mobile transmitters, when located within 32 
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not 
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 
Watt.
    (c) Protection for TV Reception. The ERP limitations in this 
paragraph are intended to reduce the likelihood that interference to 
television reception from offshore radiotelephone operations will occur.
    (1) Co-channel protection. The ERP of offshore stations must not 
exceed the limits in Table I-1 of this section. The limits depend upon 
the height above mean sea level of the offshore transmitting antenna and 
the distance between the antenna location of the offshore transmitter 
and the antenna location of the main transmitter of the nearest full-
service television station that transmits on the TV channel containing 
the channel on which the offshore station transmits.
    (2) Adjacent channel protection. The ERP of offshore stations 
located within 128.8 kilometers (80 miles) of the main transmitter 
antenna of a full service TV station that transmits on a TV channel 
adjacent to the TV channel which contains the channel on which the 
offshore station transmits must not exceed the limits in the Table I-2 
of Sec.  22.1015. The limits depend upon the height above mean sea level 
of the offshore transmitting antenna and the distance between the 
location of the offshore transmitter and the 4.8 kilometer (3 mile) 
limit.

                     Table I-1--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                  30       45       61
                                                meters   meters   meters
                   Distance                      (100     (150     (200
                                                feet)    feet)    feet)
------------------------------------------------------------------------
338 km (210 mi)..............................     1000     1000     1000
330 km (205 mi)..............................     1000      900      800
2 km (200 mi)................................      800      710      630
314 km (195 mi)..............................      590      520      450
306 km (190 mi)..............................      450      400      330
298 km (185 mi)..............................      320      280      240
290 km (180 mi)..............................      250      210      175
282 km (175 mi)..............................      180      150      130
274 km (170 mi)..............................      175      110      100
266 km (165 mi)..............................       95       80       70
258 km (160 mi)..............................       65       55       50
249 km (155 mi)..............................       50       40       35
241 km (150 mi)..............................       35       30       25
------------------------------------------------------------------------



Sec.  22.1015  Repeater operation.

    Offshore central stations may be used as repeater stations provided 
that the licensee is able to maintain control of the station, and in 
particular, to turn the transmitter off, regardless of whether 
associated subscriber stations are transmitting at the time.

                     Table I-2--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                           30       61
                                                         meters   meters
         Distance from the 4.8 km (3 mi) limit            (100     (200
                                                         feet)    feet)
------------------------------------------------------------------------
6.4 km (4 mi).........................................       25        6
8.0 km (5 mi).........................................       40       10
9.7 km (6 mi).........................................       65       15
11.3 km (7 mi)........................................      100       25
12.9 km (8 mi)........................................      150       35
14.5 km (9 mi)........................................      215       50
16.1 km (10 mi).......................................      295       70
17.7 km (11 mi).......................................      400      100
19.3 km (12 mi).......................................      530      130
20.9 km (13 mi).......................................      685      170
22.5 km (14 mi).......................................      870      215
24.1 km (15 mi).......................................     1000      270
25.7 km (16 mi).......................................     1000      415
27.4 km (17 mi).......................................     1000      505
29.0 km (18 mi).......................................     1000      610
30.6 km (19 mi).......................................     1000      730
32.2 km (20 mi).......................................     1000      865
33.8 km (21 mi).......................................     1000     1000
------------------------------------------------------------------------



Sec.  22.1025  Permissible communications.

    Offshore central stations must communicate only with subscriber 
stations (fixed, temporary-fixed, mobile and airborne). Offshore 
subscriber stations must normally communicate only with and through 
offshore central stations. Stations in the Offshore Radiotelephone 
Service may communicate through relay stations authorized in this 
service.

[[Page 127]]



Sec.  22.1031  Temporary fixed stations.

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



Sec.  22.1035  Construction period.

    The construction period (see Sec.  22.142) for offshore stations is 
18 months.



Sec.  22.1037  Application requirements for offshore stations.

    Applications for new Offshore Radiotelephone Service stations must 
contain an exhibit showing that:
    (a) The applicant has notified all licensees of offshore stations 
located within 321.8 kilometers (200 miles) of the proposed offshore 
station, by providing the following data, at least 30 days before filing 
the application:
    (1) The name, business address, channel coordinator, and telephone 
number of the applicant;
    (2) The location and geographical coordinates of the proposed 
station;
    (3) The channel and type of emission;
    (4) The height and type of antenna;
    (5) The bearing of the main lobe of the antenna; and,
    (6) The effective radiated power.
    (b) The proposed station will not interfere with the primary ORS 
channels by compliance with the following separations:
    (1) Co-channel to a distance of 241.4 kilometers (150 miles).
    (2) If interstitial channels are used, adjacent channels (12.5 kHz) to a distance of 80.5 kilometers (50 miles).
    (3) Third order intermodulation channels (12.5 
kHz) to a distance of 32.2 kilometers (20 miles).
    (4) If the proposed transmitting antenna site is located west of 
longitude W.93[deg]40[min], and within 32.2 kilometers (20 miles) of the 
shoreline, and proposed use of the channels listed in Sec.  22.1007(b), 
no third-order intermodulation interference would be caused to any base 
or mobile station using the channels between 488 and 494 MHz.



PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents



                      Subpart A_General Information

Sec.
24.1 Basis and purpose.
24.2 Other applicable rule parts.
24.3 Permissible communications.
24.5 Terms and definitions.
24.9 Operation of certificated signal boosters.

                   Subpart B_Applications and Licenses

                       General Filing Requirements

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

                      Subpart C_Technical Standards

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

                        Subpart D_Narrowband PCS

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

[[Page 128]]

                         Subpart E_Broadband PCS

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

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band

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

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

       Subpart F_Competitive Bidding Procedures for Narrowband PCS

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

   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

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

       Subpart H_Competitive Bidding Procedures for Broadband PCS

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

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

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

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

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



                      Subpart A_General Information



Sec.  24.1  Basis and purpose.

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

[[Page 129]]

only to stations authorized under those subparts.

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



Sec.  24.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the personal 
communications services include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, together with the procedures specified 
in Sec.  17.4(c) of this chapter, if applicable, must be complied with 
prior to the initiation of construction. Subpart F includes the rules 
for the Wireless Telecommunications Services and the procedures for 
filing electronically via the ULS.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 15. This part contains rules setting out the regulations 
under which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. It also contains the technical 
specifications, administrative requirements and other conditions 
relating to the marketing of part 15 devices. Unlicensed PCS devices 
operate under subpart D of part 15.
    (f) Part 17. This part contains requirements for the construction, 
marking and lighting of antenna towers, and the environmental 
notification process that must be completed before filing certain 
antenna structure registration applications.
    (g) Part 20 of this chapter governs commercial mobile radio 
services.
    (h) Part 21. This part contains rules concerning multipoint 
distribution service and multichannel multipoint distribution service.
    (i) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (j) Part 101. This part contains rules concerning common carrier and 
private services relating to fixed point-to-point and point-to-
multipoint microwave systems.

[58 FR 59183, Nov. 8, 1993. Redesignated and amended at 59 FR 18499, 
Apr. 19, 1994, as amended at 63 FR 68952, Dec. 14, 1998; 65 FR 38325, 
June 20, 2000; 77 FR 3954, Jan. 26, 2012]



Sec.  24.3  Permissible communications.

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

[61 FR 45356, Aug. 29, 1996]



Sec.  24.5  Terms and definitions.

    Assigned Frequency. The center of the frequency band assigned to a 
station.
    Authorized Bandwidth. The maximum width of the band of frequencies 
permitted to be used by a station. This is normally considered to be the 
necessary or occupied bandwidth, whichever is greater.
    Average Terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base Station. A land station in the land mobile service.
    Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-
1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands.
    Effective Radiated Power (e.r.p.) (in a given direction). The 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction.
    Equivalent Isotropically Radiated Power (e.i.r.p.). The product of 
the

[[Page 130]]

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

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



Sec.  24.9  Operation of certificated signal boosters.

    Individuals and non-individuals may operate certificated Consumer 
Signal Boosters on frequencies regulated under this part provided that 
such operation complies with all applicable rules under this part and 
Sec.  20.21 of this chapter. Failure to comply with all applicable rules 
voids the authority to operate a signal booster.

[78 FR 21564, Apr. 11, 2013]



                   Subpart B_Applications and Licenses

                       General Filing Requirements



Sec.  24.10  Scope.

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

[59 FR 32854, June 24, 1994]



Sec.  24.11  Initial authorization.

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

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

[[Page 131]]



Sec.  24.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to 
hold a license under this part.

[70 FR 61059, Oct. 20, 2005]



Sec.  24.15  License period.

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



Sec.  24.16  Criteria for comparative renewal proceedings.

    A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that the renewal applicant:
    (a) Has provided ``substantial'' service during its past license 
term. ``Substantial'' service is defined as service which is sound, 
favorable, and substantially above a level of mediocre service which 
might just minimally warrant renewal; and
    (b) Has substantially complied with applicable Commission rules, 
policies and the Communications Act.

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, Sec.  24.16 was 
removed, effective Oct. 2, 2017.



                      Subpart C_Technical Standards



Sec.  24.50  Scope.

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



Sec.  24.51  Equipment authorization.

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

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



Sec.  24.52  RF hazards.

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

[61 FR 41018, Aug. 7, 1996]



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

    (a) HAAT is determined by subtracting average terrain elevation from 
antenna height above mean sea level.
    (b) Average terrain elevation shall be calculated using elevation 
data from a 30 arc second or better Digital Elevation Models (DEMs). DEM 
data is available from United States Geological Survey (USGS). The data 
file shall

[[Page 132]]

be identified. If 30 arc second data is used, the elevation data must be 
processed for intermediate points using interpolation techniques; 
otherwise, the nearest point may be used. If DEM data is not available, 
elevation data from the Defense Mapping Agency's Digital Chart of the 
World (DCW) may be used.
    (c) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers 
extending radially from the antenna site. At least 50 evenly spaced data 
points for each radial shall be used in the computation.
    (d) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (e) The position location of the antenna site shall be determined to 
an accuracy of no less than 5 meters in both the 
horizontal (latitude and longitude) and vertical (ground elevation) 
dimensions with respect to the National Geodetic Reference System.

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



Sec.  24.55  Antenna structures; air navigation safety.

    Licensees that own their antenna structures must not allow these 
antenna structures to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, each FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17 of 
this chapter. See Sec.  17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.

[61 FR 4366, Feb. 6, 1996]



                        Subpart D_Narrowband PCS



Sec.  24.100  Scope.

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



Sec.  24.101  [Reserved]



Sec.  24.102  Service areas.

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

[[Page 133]]

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

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



Sec.  24.103  Construction requirements.

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

[[Page 134]]

service contours using either the 1990 census or the 2000 census, but 
not both.
    (1) For the purpose of this section, the service radius of a base 
station may be calculated using the following formula:

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

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

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

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



Sec.  24.104  Partitioning and disaggregation.

    Nationwide, regional, and MTA licensees may apply to partition their 
authorized geographic service area or disaggregate their authorized 
spectrum at any time following grant of their geographic area 
authorizations.
    (a) Application required. Parties seeking approval for partitioning 
and/or disaggregation shall apply for partial assignment of a license 
pursuant to Sec.  1.948 of this chapter.
    (b) Partitioning. In the case of partitioning, applicants and 
licensees must file FCC Form 603 pursuant to Sec.  1.948 of this chapter 
and describe the partitioned service area on a schedule to the 
application. The partitioned service area shall be defined by up to 120 
sets of geographic coordinates at points at every 3 degrees azimuth from 
a point within the partitioned service area along the partitioned 
service area boundary unless either an FCC-recognized service area is 
used (e.g., MEA or EA) or county lines are followed. The geographical 
coordinates must be specified in degrees, minutes, and seconds to the 
nearest second latitude and longitude, and must be based upon the 1983 
North American Datum (NAD83). In the case where FCC-recognized service 
areas or county lines are used, applicants need only list the specific 
area(s) through use of FCC designations or county names that constitute 
the partitioned area.
    (c) Disaggregation. Spectrum may be disaggregated in any amount.
    (d) Combined partitioning and disaggregation. Licensees may apply 
for partial assignment of authorizations that propose combinations of 
partitioning and disaggregation.
    (e) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec.  1.955 of this chapter.
    (f) Coverage requirements for partitioning. (1) Parties to a 
partitioning agreement must satisfy at least one of the following 
requirements:
    (i) The partitionee must satisfy the applicable coverage 
requirements set forth in Sec.  24.103 for the partitioned license area; 
or
    (ii) The original licensee must meet the coverage requirements set 
forth in Sec.  24.103 for the entire geographic area. In this case, the 
partitionee must meet only the requirements for renewal of its 
authorization for the partitioned license area.
    (2) Parties seeking authority to partition must submit with their 
partial assignment application a certification signed by both parties 
stating which of the options they select.
    (3) Partitionees must submit supporting documents showing compliance 
with their coverage requirements as set forth in Sec.  24.103.

[[Page 135]]

    (4) Failure by any partitionee to meet its coverage requirements 
will result in automatic cancellation of the partitioned authorization 
without further Commission action.
    (g) Coverage requirements for disaggregation. (1) Parties to a 
disaggregation agreement must satisfy at least one of the following 
requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec.  24.103 for the entire license 
area; or
    (ii) Parties must agree to share responsibility for meeting the 
coverage requirements set forth in Sec.  24.103 for the entire license 
area.
    (2) Parties seeking authority to disaggregate must submit with their 
partial assignment application a certification signed by both parties 
stating which of the requirements they select.
    (3) Disaggregatees must submit supporting documents showing 
compliance with their coverage requirements as set forth in Sec.  
24.103.
    (4) Parties that accept responsibility for meeting the coverage 
requirements and later fail to do so will be subject to automatic 
license cancellation without further Commission action.

[65 FR 35853, June 6, 2000]

    Effective Date Note: At 65 FR 35853, June 6, 2000, Sec.  24.104 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, Sec.  24.104 was 
amended by removing paragraphs (f) and (g), effective Oct. 2, 2017.



Sec.  24.129  Frequencies.

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

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

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

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

    (3) Two 50 kHz unpaired channels:

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

    (4) One 100 kHz unpaired channel:

Channel 18: 940.65-940.75 MHz.

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

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

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

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

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

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

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

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

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

Channel 26: 901.35-901.40 MHz;

[[Page 136]]

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

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

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

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

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

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

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

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

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

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

[66 FR 29920, June 4, 2001]



Sec.  24.130  [Reserved]



Sec.  24.131  Authorized bandwidth.

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



Sec.  24.132  Power and antenna height limits.

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

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

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

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

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

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

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



Sec.  24.133  Emission limits.

    (a) The power of any emission shall be attenuated below the 
transmitter power (P), as measured in accordance with Sec.  24.132(f), 
in accordance with the following schedule:
    (1) For transmitters authorized a bandwidth greater than 10 kHz:

[[Page 137]]

    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 40 kHz: at least 116 
Log10 ((fd + 10)/6.1) decibels or 50 plus 10 
Log10 (P) decibels or 70 decibels, whichever is the lesser 
attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 40 kHz: at least 43 + 10 
Log10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (2) For transmitters authorized a bandwidth of 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 20 kHz: at least 116 x 
Log10 ((fd + 5)/3.05) decibels or 50 + 10 x 
Log10 (P) decibels or 70 decibels, whichever is the lesser 
attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 20 kHz: at least 43 + 10 Log 
10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (b) The measurements of emission power can be expressed in peak or 
average values provided they are expressed in the same parameters as the 
transmitter power.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.
    (d) The following minimum spectrum analyzer resolution bandwidth 
settings will be used: 300 Hz when showing compliance with paragraphs 
(a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing 
compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.

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



Sec.  24.134  Co-channel separation criteria.

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



Sec.  24.135  Frequency stability.

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



                         Subpart E_Broadband PCS

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



Sec.  24.200  Scope.

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



Sec.  24.202  Service areas.

    Broadband PCS service areas are Major Trading Areas (MTAs) and Basic 
Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based 
on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd 
Edition, at pages 38-39 (``BTA/MTA Map''). Rand McNally organizes the 50 
states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/
MTA Map is available for public inspection at the Office of Engineering 
and Technology's Technical Information Center, 445 12th Street, SW, 
Washington, DC 20554.
    (a) The MTA service areas are based on the Rand McNally 1992 
Commercial

[[Page 138]]

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

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



Sec.  24.203  Construction requirements.

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

[[Page 139]]

the license and the licensee will be ineligible to regain it.

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



Sec.  24.229  Frequencies.

    The frequencies available in the Broadband PCS service are listed in 
this section in accordance with the frequency allocations table of Sec.  
2.106 of this chapter.
    (a) The following frequency blocks are available for assignment on 
an MTA basis:

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

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

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

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



Sec.  24.232  Power and antenna height limits.

    (a)(1) Base stations with an emission bandwidth of 1 MHz or less are 
limited to 1640 watts equivalent isotropically radiated power (EIRP) 
with an antenna height up to 300 meters HAAT, except as described in 
paragraph (b) below.
    (2) Base stations with an emission bandwidth greater than 1 MHz are 
limited to 1640 watts/MHz equivalent isotropically radiated power (EIRP) 
with an antenna height up to 300 meters HAAT, except as described in 
paragraph (b) below.
    (3) Base station antenna heights may exceed 300 meters HAAT with a 
corresponding reduction in power; see Tables 1 and 2 of this section.
    (4) The service area boundary limit and microwave protection 
criteria specified in Sec. Sec.  24.236 and 24.237 apply.

Table 1--Reduced Power for Base Station Antenna Heights Over 300 Meters,
                With Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<=300......................................................         1640
<=500......................................................         1070
<=1000.....................................................          490
<=1500.....................................................          270
<=2000.....................................................          160
------------------------------------------------------------------------


Table 2--Reduced Power for Base Station Antenna Heights Over 300 Meters,
               With Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                        EIRP watts/
                                                                 MHz
------------------------------------------------------------------------
<=300......................................................         1640
<=500......................................................         1070
<=1000.....................................................          490
<=1500.....................................................          270
<=2000.....................................................          160
------------------------------------------------------------------------

    (b)(1) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
with an emission bandwidth of 1 MHz or less are limited to 3280 watts 
equivalent isotropically radiated power (EIRP) with an antenna height up 
to 300 meters HAAT.
    (2) Base stations that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available

[[Page 140]]

population statistics from the Bureau of the Census, with an emission 
bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent 
isotropically radiated power (EIRP) with an antenna height up to 300 
meters HAAT.
    (3) Base station antenna heights may exceed 300 meters HAAT with a 
corresponding reduction in power; see Tables 3 and 4 of this section.
    (4) The service area boundary limit and microwave protection 
criteria specified in Sec. Sec.  24.236 and 24.237 apply.
    (5) Operation under this paragraph (b) at power limits greater than 
permitted under paragraph (a) of this section must be coordinated in 
advance with all broadband PCS licensees authorized to operate on 
adjacent frequency blocks within 120 kilometers (75 miles) of the base 
station and is limited to base stations located more than 120 kilometers 
(75 miles) from the Canadian border and more than 75 kilometers (45 
miles) from the Mexican border.

Table 3--Reduced Power for Base Station Antenna Heights Over 300 Meters,
                With Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                         EIRP watts
------------------------------------------------------------------------
<=300......................................................         3280
<=500......................................................         2140
<=1000.....................................................          980
<=1500.....................................................          540
<=2000.....................................................          320
------------------------------------------------------------------------


Table 4--Reduced Power for Base Station Antenna Heights Over 300 Meters,
               With Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                               Maximum
                       HAAT in meters                        EIRP watts/
                                                                 MHz
------------------------------------------------------------------------
<=300......................................................         3280
<=500......................................................         2140
<=1000.....................................................          980
<=1500.....................................................          540
<=2000.....................................................          320
------------------------------------------------------------------------

    (c) Mobile and portable stations are limited to 2 watts EIRP and the 
equipment must employ a means for limiting power to the minimum 
necessary for successful communications.
    (d) Power measurements for transmissions by stations authorized 
under this section may be made either in accordance with a Commission-
approved average power technique or in compliance with paragraph (e) of 
this section. In both instances, equipment employed must be authorized 
in accordance with the provisions of Sec.  24.51. In measuring 
transmissions in this band using an average power technique, the peak-
to-average ratio (PAR) of the transmission may not exceed 13 dB.
    (e) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement for the emission in question over the full bandwidth of the 
channel.

    Note to Sec.  24.232: Height above average terrain (HAAT) is to be 
calculated using the method set forth in Sec.  24.53 of this part.

[73 FR 24183, May 2, 2008]



Sec.  24.235  Frequency stability.

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



Sec.  24.236  Field strength limits.

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



Sec.  24.237  Interference protection.

    (a) All licensees are required to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees in the 1850-1990 MHz band. Coordination must occur before 
initiating operations from any base station. Problems that arise during 
the coordination process are to be resolved by the parties to the 
coordination. Licensees are required to coordinate with all users 
possibly affected, as determined by appendix I to this subpart E 
(Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, 
FCC 94-144; TIA Telecommunications Systems Bulletin

[[Page 141]]

10-F, ``Interference Criteria for Microwave Systems,'' May 1994, (TSB10-
F)); or an alternative method agreed to by the parties.
    (b) The results of the coordination process need to be reported to 
the Commission only if the parties fail to agree. Because broadband PCS 
licensees are required to protect fixed microwave licensees in the 1850-
1990 MHz band, the Commission will be involved in the coordination 
process only upon complaint of interference from a fixed microwave 
licensee. In such a case, the Commission will resolve the issues.
    (c) In all other respects, coordination procedures are to follow the 
requirements of Sec.  101.103(d) of this chapter to the extent that 
these requirements are not inconsistent with those specified in this 
part.
    (d) The licensee must perform an engineering analysis to assure that 
the proposed facilities will not cause interference to existing OFS 
stations within the coordination distance specified in Table 3 of a 
magnitude greater than that specified in the criteria set forth in 
paragraphs (e) and (f) of this section, unless there is prior agreement 
with the affected OFS licensee. Interference calculations shall be based 
on the sum of the power received at the terminals of each microwave 
receiver from all of the applicant's current and proposed PCS 
operations.

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

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

[[Page 142]]

authority will be acceptable to the Commission.

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



Sec.  24.238  Emission limitations for Broadband PCS equipment.

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

[67 FR 77192, Dec. 17, 2002]

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band



Sec.  24.239  Cost-sharing requirements for broadband PCS.

    Frequencies in the 1850-1990 MHz band listed in Sec.  101.147(c) of 
this chapter have been allocated for use by PCS. In accordance with 
procedures specified in Sec. Sec.  101.69 through 101.81 of this 
chapter, PCS entities (both licensed and unlicensed) are required to 
relocate the existing Fixed Microwave Services (FMS) licensees in these 
bands if interference to the existing FMS operations would occur. All 
PCS entities who benefit from spectrum clearance by other PCS entities 
or a voluntarily relocating microwave incumbent, must contribute to such 
relocation costs. PCS entities may satisfy this requirement by entering 
into private cost-sharing agreements or agreeing to terms other than 
those specified in Sec.  24.243. However, PCS entities are required to 
reimburse other PCS entities or voluntarily relocating microwave 
incumbents that incur relocation costs and are not parties to the 
alternative agreement. In addition, parties to a private cost-sharing 
agreement may seek reimbursement through the clearinghouse (as discussed 
in Sec.  24.241) from PCS entities that are not parties to the 
agreement. The cost-sharing plan is in effect during all phases of 
microwave relocation specified in Sec.  101.69 of this chapter. If a 
licensee in the Broadband PCS Service enters into a spectrum leasing 
arrangement (as set forth in part 1, subpart X of this chapter) and the 
spectrum lessee triggers a cost-sharing obligation, the licensee is the 
PCS entity responsible for satisfying the cost-sharing obligations under 
Sec. Sec.  24.239 through 24.253.

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

[[Page 143]]



Sec.  24.241  Administration of the Cost-Sharing Plan.

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

[61 FR 29691, June 12, 1996]



Sec.  24.243  The cost-sharing formula.

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

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link. Actual 
relocation costs include, but are not limited to, such items as: Radio 
terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/
Modems); towers and/or modifications; back-up power equipment; 
monitoring or control equipment; engineering costs (design/path survey); 
installation; systems testing; FCC filing costs; site acquisition and 
civil works; zoning costs; training; disposal of old equipment; test 
equipment (vendor required); spare equipment; project management; prior 
coordination notification under Sec.  101.103(d) of this chapter; site 
lease renegotiation; required antenna upgrades for interference control; 
power plant upgrade (if required); electrical grounding systems; Heating 
Ventilation and Air Conditioning (HVAC) (if required); alternate 
transport equipment; and leased facilities. C also includes voluntarily 
relocating microwave incumbent's independent third party appraisal of 
its compensable relocation costs and incumbent transaction expenses that 
are directly attributable to the relocation, subject to a cap of two 
percent of the ``hard'' costs involved. C may not exceed $250,000 per 
link, with an additional $150,000 permitted if a new or modified tower 
is required.
    (c) N equals the number of PCS entities that would have interfered 
with the link. For the PCS relocator, N = 1. For the next PCS entity 
that would have interfered with the link, N = 2, and so on. In the case 
of a voluntarily relocating microwave incumbent, N = 1 for the first PCS 
entity that would have interfered with the link. For the next PCS entity 
that would have interfered with the link, N = 2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the PCS relocator or voluntarily relocating microwave incumbent 
obtains reimbursement rights for the link and the month that the 
clearinghouse notifies a later-entrant of its reimbursement obligation 
for the link. A PCS relocator obtains reimbursement rights for the link 
on the date that it signs a relocation agreement with a microwave 
incumbent. A voluntarily relocating microwave incumbent obtains 
reimbursement rights for the link on the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec.  101.305 of the 
Commission's rules.

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



Sec.  24.245  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, a PCS relocator must submit documentation of the 
relocation agreement to the clearinghouse within ten business days of 
the date a relocation agreement is signed with an incumbent.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation of the link to the 
clearinghouse within ten business days of the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec.  101.305 of the 
Commission's rules.

[[Page 144]]

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

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



Sec.  24.247  Triggering a reimbursement obligation.

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

[[Page 145]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.041

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

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



Sec.  24.249  Payment issues.

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

[[Page 146]]

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

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



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

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

[61 FR 29693, June 12, 1996]



Sec.  24.253  Termination of cost-sharing obligations.

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

[61 FR 29693, June 12, 1996]



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

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

Prbi = 10Log (ptbi)-Lbi-UCi 
          + Gmwi-Ci-BPi
Prmi = 10Log (nmi x ptmi)-
          Lmi-UCi + Gmwi-Ci
Prpsi = 10Log (npsi x ptpsi)-
          Lpsi-UCi + Gmwi-Ci
Prpbi = 10Log (npbi x ptpbi)-
          Lpbi-UCi-(BPi-BHi) 
          + Gmwi-Ci
Prpri = 10Log (npri x ptpri)-
          Lpri-(UCi-BHi) + 
          Gmwi-Ci

where:

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

[[Page 147]]

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

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

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

    Base Stations. Interference from each base station to each microwave 
should normally be considered independently. A group of base stations 
having more or less (within 50 percent) the same 
height above average terrain, the same e.i.r.p., basically the same path 
to a microwave receiving site, and subtending an angle to that receiving 
site of less than 5 degrees, may be treated as a group, using the total 
power of the group and the average antenna height of the group to 
calculate path loss, L.
    Mobile Stations. The e.i.r.p. from mobile transmitters is weighted 
according to the number of base station channels expected to be devoted 
to mobile operation at any given time. The antenna height of mobiles 
used in calculating path loss, L, is assumed to be 2 meters.
    Portable Stations. The e.i.r.p. from the portable units associated 
with each base station is weighted according to the estimated portion of 
portables associated with that cell expected to be operated inside 
buildings at any given time and the portion which could be expected to 
be operating from elevated locations, such as balconies or building 
rooftops. For example, in the case of service intended for business use 
in an urban area, one might expect that perhaps 85 percent of the 
portables in use at any given time would be operating from within 
buildings and perhaps 5 percent might be operating from rooftops or 
balconies. The remaining 10 percent would be outside at street level.
    Calculation of an equivalent e.i.r.p. for cells in suburban areas 
will involve different weighting criteria.
    Urban Correction Factor. The urban correction factor (UC) depends on 
the height and density of buildings surrounding a base station. For the 
core area of large cities, it is assumed to be 35 dB. For medium size 
cities and fringe areas of large cities (4- to 6-story buildings with 
scattered taller buildings and lower buildings and open spaces) it is 
assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban 
residential areas (one- and two-story, single family

[[Page 148]]

houses with scattered multiple-story apartment buildings, shopping 
centers and open areas), 10 dB.
    The unadjusted urban correction factor, UC, should not be applied to 
base station antenna heights that are greater than 50 percent of the 
average building height for a cell.
    Building Height and Building Penetration Factors. The building 
height correction, BH, is a function of the average building height 
within the nominal coverage area of the base station. It is used in 
conjunction with the building penetration loss, BP, to adjust the 
expected interference contribution from that portion of the portables 
transmitting from within buildings. The adjustment is given by:

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

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

                               References:

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



       Subpart F_Competitive Bidding Procedures for Narrowband PCS

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

[[Page 149]]



Sec.  24.301  Narrowband PCS subject to competitive bidding.

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

[67 FR 45367, July 9, 2002]



Sec. Sec.  24.302-24.309  [Reserved]



Sec.  24.320  [Reserved]



Sec.  24.321  Designated entities.

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

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



   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

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



Sec.  24.403  Authorization required.

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



Sec.  24.404  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under the laws, including 
Sec.  24.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A narrowband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (1) Any alien or the representative of any alien.
    (2) Any corporation organized under the laws of any foreign 
government.
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of a foreign country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
or voted by aliens, their representatives, or by a foreign government or 
representative thereof, or by any corporation organized under the laws 
of a foreign country, if the Commission finds that the public interest 
will be served by the refusal or revocation of such license. A 
Narrowband PCS authorization to provide Private Mobile Radio Service may 
not be granted to or held by a foreign government or a representative 
thereof.

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

[[Page 150]]



Sec. Sec.  24.405-24.414  [Reserved]



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

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
public notice(s). Applications other than initial applications for a 
narrowband PCS license must also comply with all technical requirements 
of the rules governing the narrowband PCS (see subparts C and D as 
appropriate). The following paragraphs describe a number of general 
technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a radio station authorization for narrowband PCS must 
comply with the provisions of Sec. Sec.  24.129 through 24.135.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Narrowband PCS licensees must maintain a 
current list of all station locations, which must describe the 
transmitting antenna site by its geographical coordinates and also by 
conventional reference to street number, landmark, or the equivalent. 
All such coordinates shall be specified in terms of degrees, minutes, 
and seconds to the nearest second of latitude and longitude.

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



Sec. Sec.  24.416-24.429  [Reserved]



Sec.  24.430  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec.  1.2108 of this chapter and must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Sec. Sec.  1.41 through 1.52 
of this chapter except where otherwise provided in Sec.  1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest; and
    (4) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) Parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.

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



Sec.  24.431  Mutually exclusive applications.

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

[[Page 151]]

    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.



Sec. Sec.  24.432-24.444  [Reserved]



       Subpart H_Competitive Bidding Procedures for Broadband PCS

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



Sec.  24.701  Broadband PCS subject to competitive bidding.

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

[67 FR 45367, July 9, 2002]



Sec. Sec.  24.702-24.708  [Reserved]



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

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

[[Page 152]]

closed bidding in any reauction of frequency block C spectrum that 
begins within two years of March 23, 1999.
    (ii) In cases of merger, acquisition, or other business combination 
of entities, where each of the entities is eligible to bid for C block 
licenses offered in closed bidding in any reauction of C block spectrum 
on the basis of the eligibility exception set forth in paragraph 
(a)(5)(i) of this section, the resulting entity will also be eligible 
for the exception specified in paragraph (a)(5)(i) of this section.
    (iii) In cases of merger, acquisition, or other business combination 
of entities, where one or more of the entities are ineligible for the 
exception set forth in paragraph (a)(5)(i) of this section, the 
resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of 
this section unless an eligible entity possesses de jure and de facto 
control over the resulting entity.
    (iv) The following restrictions will apply for any reauction of 
frequency block C spectrum conducted after March 24, 1998:
    (A) Applicants that elected to disaggregate and surrender to the 
Commission 15 MHz of spectrum from any or all of their frequency block C 
licenses, as provided in Amendment of the Commission's Rules Regarding 
Installment Payment Financing for Personal Communications Services (PCS) 
Licensees, Second Report and Order and Further Notice of Proposed Rule 
Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by 
the Order on Reconsideration of the Second Report and Order, WT Docket 
No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply 
for such disaggregated spectrum until 2 years from the start of the 
reauction of that spectrum.
    (B) Applicants that surrendered to the Commission any of their 
frequency block C licenses, as provided in Amendment of the Commission's 
Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and 
Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 
16,436 (1997), as modified by the Order on Reconsideration of the Second 
Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), 
will not be eligible to apply for the licenses that they surrendered to 
the Commission until 2 years from the start of the reauction of those 
licenses if they elected to apply a credit of 70% of the down payment 
they made on those licenses toward the prepayment of licenses they did 
not surrender.
    (b) Exceptions to general rule--(1) Scope. The following provisions 
apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant 
to Sec.  24.839(a)(2) or (a)(3) prior to October 30, 2000.
    (i) Small business consortia. Where an applicant (or licensee) is a 
consortium of small businesses, the gross revenues and total assets of 
each small business shall not be aggregated.
    (ii) Publicly-traded corporations. Where an applicant (or licensee) 
is a publicly traded corporation with widely dispersed voting power, the 
gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not 
be considered.
    (iii) 25 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 25 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(v) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(v) of this 
section, and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (iv) 49.9 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:

[[Page 153]]

    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 49.9 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(vi) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(vi) of this 
section and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (v) Control group minimum 25 percent equity requirement. In order to 
be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iii) of this section, and 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licensee) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of 
this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 25 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 15 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options exercisable, at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group, 
and must have de facto control of the control group and of the 
applicant;
    (3) The remaining 10 percent of the applicant's (or licensee's) 
total equity may be owned, either unconditionally or in the form of 
stock options, by any of the following entities, which may not comply 
with Sec.  24.720(g)(1):
    (i) Institutional Investors;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management; or
    (iv) Qualifying investors, as specified in Sec.  24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(v)(A) of this section, qualifying investors must 
continue to own at least 10 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(v)(A)(1) of this section. The 
restrictions specified in paragraphs (b)(1)(v)(A)(3)(i) through 
(b)(1)(v)(A)(3)(iv) of this section no longer apply to the remaining 
equity after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 25 percent minimum 
equity requirements set forth in paragraph (b)(1)(v)(A) of this section 
shall apply, except that only 10 percent of the applicant's (or 
licensee's) total equity must be held in qualifying investors, and that 
the remaining 15 percent of the applicant's (or licensee's) total equity 
may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 15 percent of the licensee's 
total equity no longer apply after termination of the three-year period 
specified in paragraph (b)(1)(v)(A) of this section.
    (vi) Control group minimum 50.1 percent equity requirement. In order 
to be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iv) of this section, an 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licenses) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) 
of this section, at the time the applicant's short-form application 
(Form 175) is filed and until at least three years following the date

[[Page 154]]

of initial license grant, the applicant's (or licensee's) control group 
must own at least 50.1 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 30 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options, exercisable at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group and 
must have de facto control of the control group and of the applicant;
    (3) The remaining 20.1 percent of the applicant's (or licensee's) 
total equity may be owned by qualifying investors, either 
unconditionally or in the form of stock options not subject to the 
restrictions of paragraph (b)(1)(vi)(A)(1) of this section, or by any of 
the following entities which may not comply with Sec.  24.720(g)(1):
    (i) Institutional investors, either unconditionally or in the form 
of stock options;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group, either unconditionally or in the 
form of stock options;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management, either unconditionally or in the form of stock 
options; or
    (iv) Qualifying investors, as specified in Sec.  24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(vi)(A) of this section, qualifying investors must 
continue to own at least 20 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(vi)(A)(1) of this section. The 
restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through 
(b)(1)(vi)(A)(3)(iv) of this section no longer apply to the remaining 
equity after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 50.1 percent minimum 
equity requirements set forth in paragraph (b)(1)(vi)(A) of this section 
shall apply, except that only 20 percent of the applicant's (or 
licensee's) total equity must be held by qualifying investors, and that 
the remaining 30.1 percent of the applicant's (or licensee's) total 
equity may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 30.1 percent of the 
licensee's total equity no longer apply after termination of the three-
year period specified in paragraph (b)(1)(vi)(A) of this section.
    (vii) Calculation of certain interests. Except as provided in 
paragraphs (b)(1)(v) and (b)(1)(vi) of this section, ownership interests 
shall be calculated on a fully diluted basis; all agreements such as 
warrants, stock options and convertible debentures will generally be 
treated as if the rights thereunder already have been fully exercised, 
except that such agreements may not be used to appear to terminate or 
divest ownership interests before they actually do so, in order to 
comply with the nonattributable equity requirements in paragraphs 
(b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
    (viii) Aggregation of affiliate interests. Persons or entities that 
hold interest in an applicant (or licensee) that are affiliates of each 
other or have an identify of interests identified in Sec.  
1.2110(c)(5)(iii) will be treated as though they were one person or 
entity and their ownership interests aggregated for purposes of 
determining an applicant's (or licensee's) compliance with the 
nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and 
(b)(1)(iv)(A) of this section.

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

[[Page 155]]

    Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC 
Corp., of which it holds a controlling 51 percent of the stock. If ABC 
Corp. and BC Corp., both invest in DE Corp., their separate interests in 
DE Corp. must be aggregated because ABC Corp. and BC Corp. are 
affiliates of each other.

    (2) The following provisions apply to licenses acquired pursuant to 
Sec.  24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition 
to the eligibility requirements set forth at 24.709(a) and (b), 
applicants and/or licensees seeking to acquire C and/or F block licenses 
pursuant to 24.839(a)(2) or (a)(3) will be subject to the controlling 
interest standard in 1.2110(c)(2) of this chapter for purposes of 
determining unjust enrichment payment obligations. See Sec.  1.2111 of 
this chapter.
    (c) Short-form and long-form applications: Certifications and 
disclosure--(1) Short-form application. In addition to certifications 
and disclosures required by part 1, subpart Q of this chapter, each 
applicant to participate in closed bidding for frequency block C or 
frequency block F shall certify on its short-form application (Form 175) 
that it is eligible to bid on and obtain such license(s), and (if 
applicable) that it is eligible for designated entity status pursuant to 
this section and Sec.  24.720, and shall append the following 
information as an exhibit to its Form 175:
    (i) For all applicants: The applicant's gross revenues and total 
assets, computed in accordance with paragraphs (a) of this section and 
Sec.  1.2110(b)(1) through (b)(2) of this chapter.
    (ii) For all applicants that participated in Auction Nos. 5, 10, 11, 
and/or 22:
    (A) The identity of each member of the applicant's control group, 
regardless of the size of each member's total interest in the applicant, 
and the percentage and type of interest held;
    (B) The status of each control group member that is an institutional 
investor, an existing investor, and/or a member of the applicant's 
management;
    (C) The identity of each affiliate of the applicant and each 
affiliate of individuals or entities identified pursuant to paragraphs 
(C)(1)(ii)(A) and (c)(1)(ii)(B) of this section;
    (D) A certification that the applicant's sole control group member 
is a preexisting entity, if the applicant makes the election in either 
paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and
    (E) For an applicant that is a publicly traded corporation with 
widely disbursed voting power:
    (1) A certified statement that such applicant complies with the 
requirements of the definition of publicly traded corporation with 
widely disbursed voting power set forth in Sec.  24.720(f);
    (2) The identity of each affiliate of the applicant.
    (iii) For each applicant claiming status as a small business 
consortium, the information specified in paragraph (c)(1)(ii) of this 
section, for each member of such consortium.
    (2) Long-form application. In addition to the requirements in 
subpart I of this part and other applicable rules (e.g., Sec. Sec.  
20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-
form application for a license(s) for frequency block C or F shall in an 
exhibit to its long-form application:
    (i) Disclose separately and in the aggregate the gross revenues and 
total assets, computed in accordance with paragraphs (a) and (b) of this 
section, for each of the following: The applicant; the applicant's 
affiliates, the applicant's control group members; the applicant's 
attributable investors; and affiliates of its attributable investors;
    (ii) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility for 
a license(s) for frequency block C or frequency block F and its 
eligibility under Sec. Sec.  24.711, 24.712, 24.714 and 24.720, 
including the establishment of de facto and de jure control; such 
agreements and instruments include articles of incorporation and bylaws, 
shareholder agreements, voting or other trust agreements, partnership 
agreements, management agreements, joint marketing agreements, franchise 
agreements, and any other relevant agreements (including letters of 
intent), oral or written; and
    (iii) List and summarize any investor protection agreements and 
identify specifically any such provisions in those agreements identified 
pursuant

[[Page 156]]

to paragraph (c)(2)(ii) of this section, including rights of first 
refusal, supermajority clauses, options, veto rights, and rights to hire 
and fire employees and to appoint members to boards of directors or 
management committees.
    (3) Records maintenance. All applicants, including those that are 
winning bidders, shall maintain at their principal place of business an 
updated file of ownership, revenue and asset information, including 
those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of 
this section and any other documents necessary to establish eligibility 
under this section and any other documents necessary to establish 
eligibility under this section or under the definition of small 
business. Licensees (and their successors in interest) shall maintain 
such files for the term of the license. Applicants that do not obtain 
the license(s) for which they applied shall maintain such files until 
the grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (Form 175), whichever is earlier.
    (d) Definitions. The terms control group, existing investor, 
institutional investor, nonattributable equity, preexisting entity, 
publicly traded corporation with widely dispersed voting power, 
qualifying investor, and small business used in this section are defined 
in Sec.  24.720.

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



Sec.  24.710  [Reserved]



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

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

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



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

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

[[Page 157]]

reauction of block C spectrum that began on July 3, 1996.

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



Sec.  24.713  [Reserved]



Sec.  24.714  Partitioned licenses and disaggregated spectrum.

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

[[Page 158]]

the outstanding balance and shall receive new financing documents 
(promissory note, security agreement) with a revised payment obligation, 
based on the remaining amount of time on the original installment 
payment schedule. These financing documents will replace the licensee's 
existing financing documents, which shall be marked ``superseded'' and 
returned to the licensee upon receipt of the new financing documents. 
The original interest rate, established pursuant to Sec.  
1.2110(g)(3)(i) of this chapter at the time of the grant of the initial 
license in the market, shall continue to be applied to the licensee's 
portion of the remaining government obligation. The Commission will 
require, as a further condition to approval of the partial assignment 
application, that the licensee execute and return to the U.S. Treasury 
the new financing documents within 30 days of the Public Notice 
conditionally granting the partial assignment application. Failure to 
meet this condition will result in the automatic cancellation of the 
grant of the partial assignment application.
    (iv) A default on the licensee's payment obligation will only affect 
the licensee's portion of the market.
    (3) Parties qualified for installment payment plans. (i) Where both 
parties to a partitioning or disaggregation agreement qualify for 
installment payments, the partitionee or disaggregatee will be permitted 
to make installment payments on its portion of the remaining government 
obligations, as calculated according to Sec.  24.714(c)(1).
    (ii) Each party will be required, as a condition to approval of the 
partial assignment application, to execute separate financing documents 
(promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based 
upon the installment payment terms for which they qualify under the 
rules. The financing documents must be returned to the U.S. Treasury 
within thirty (30) days of the Public Notice conditionally granting the 
partial assignment application. Failure by either party to meet this 
condition will result in the automatic cancellation of the grant of the 
partial assignment application. The interest rate, established pursuant 
to Sec.  1.2110(g)(3)(i) of this chapter at the time of the grant of the 
initial license in the market, shall continue to be applied to both 
parties' portion of the balance due. Each party will receive a license 
for their portion of the partitioned market or disaggregated spectrum.
    (iii) A default on an obligation will only affect that portion of 
the market area held by the defaulting party.
    (iv) Partitionees and disaggregatees that qualify for installment 
payment plans may elect to pay some of their pro rata portion of the 
balance due in a lump sum payment to the U.S. Treasury and to pay the 
remaining portion of the balance due pursuant to an installment payment 
plan.
    (d) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec.  24.15.
    (e) Construction requirements--(1) Requirements for partitioning. 
Parties seeking authority to partition must meet one of the following 
construction requirements:
    (i) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec.  24.203 for the partitioned 
license area; or
    (ii) The original licensee may certify that it has or will meet its 
five-year construction requirement and will meet the ten-year 
construction requirement, as set forth in Sec.  24.203, for the entire 
license area. In that case, the partitionee must only satisfy the 
requirements for ``substantial service,'' as set forth in Sec.  
24.16(a), for the partitioned license area by the end of the original 
ten-year license term of the licensee.
    (iii) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above construction options they select.
    (iv) Partitionees must submit supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year construction benchmarks set forth in 
Sec.  24.203.

[[Page 159]]

    (v) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned or disaggregated license without further Commission action.
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate must submit with their partial assignment application a 
certification signed by both parties stating which of the parties will 
be responsible for meeting the five- and ten-year construction 
requirements for the PCS market as set forth in Sec.  24.203. Parties 
may agree to share responsibility for meeting the construction 
requirements. Parties that accept responsibility for meeting the 
construction requirements and later fail to do so will be subject to 
license forfeiture without further Commission action.

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

    Effective Date Note: At 82 FR 41547, Sept. 1, 2017, Sec.  24.714 was 
amended by removing paragraph (e), effective Oct. 2, 2017.



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

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

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



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

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

[68 FR 42999, July 21, 2003]



Sec.  24.720  Definitions.

    (a) Scope. The definitions in this section apply to Sec. Sec.  
24.709 through 24.717, unless otherwise specified in those sections.
    (b) Small and very small business. (1) A small business is an entity 
that, together with its affiliates and persons or entities that hold 
interest in such entity and their affiliates, has average annual gross 
revenues that are not more

[[Page 160]]

than $40 million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and persons or entities that hold interests in such entity 
and their affiliates, has average annual gross revenues that are not 
more than $15 million for the preceding three years.
    (c) Institutional Investor. An institutional investor is an 
insurance company, a bank holding stock in trust accounts through its 
trust department, or an investment company as defined in 15 U.S.C. 80a-
3(a), including within such definition any entity that would otherwise 
meet the definition of investment company under 15 U.S.C. 80a-3(a) but 
is excluded by the exemptions set forth in 15 U.S.C. 80a-3(b) and (c), 
without regard to whether such entity is an issuer of securities; 
provided that, if such investment company is owned, in whole or in part, 
by other entities, such investment company, such other entities and the 
affiliates of such other entities, taken as a whole, must be primarily 
engaged in the business of investing, reinvesting or trading in 
securities or in distributing or providing investment management 
services for securities.
    (d) Nonattributable Equity--(1) Nonattributable equity shall mean:
    (i) For corporations, voting stock or non-voting stock that includes 
no more than twenty-five percent of the total voting equity, including 
the right to vote such stock through a voting trust or other 
arrangement;
    (ii) For partnerships, joint ventures and other non-corporate 
entities, limited partnership interests and similar interests that do 
not afford the power to exercise control of the entity.
    (2) For purposes of assessing compliance with the equity limits in 
Sec.  24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests are 
not held directly in the applicant, the total equity held by a person or 
entity shall be determined by successive multiplication of the ownership 
percentages for each link in the vertical ownership chain.
    (e) Control Group. A control group is an entity, or a group of 
individuals or entities, that possesses de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's or 
licensee's charters, bylaws, agreements and any other relevant documents 
(and amendments thereto) provide:
    (1) That the entity and/or its members own unconditionally at least 
50.1 percent of the total voting interests of a corporation;
    (2) That the entity and/or its members receive at least 50.1 percent 
of the annual distribution or any dividends paid on the voting stock of 
a corporation;
    (3) That, in the event of dissolution or liquidation of a 
corporation, the entity and/or its members are entitled to receive 100 
percent of the value of each share of stock in its possession and a 
percentage of the retained earnings of the concern that is equivalent to 
the amount of equity held in the corporation; and
    (4) That, for other types of businesses, the entity and/or its 
members have the right to receive dividends, profits and regular and 
liquidating distributions from the business in proportion to the amount 
of equity held in the business.

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

    (f) Publicly Traded Corporation with Widely Dispersed Voting Power. 
A publicly traded corporation with widely dispersed voting power is a 
business entity organized under the laws of the United States:
    (1) Whose shares, debt, or other ownership interests are traded on 
an organized securities exchange within the United States;
    (2) In which no person:
    (i) Owns more than 15 percent of the equity; or
    (ii) Possesses, directly or indirectly, through the ownership of 
voting securities, by contract or otherwise, the power to control the 
election of more than 15 percent of the members of the board of 
directors or other governing body of such publicly traded corporation; 
and
    (3) Over which no person other than the management and members of 
the board of directors or other governing

[[Page 161]]

body of such publicly traded corporation, in their capacities as such, 
has de facto control.
    (4) The term person shall be defined as in section 13(d) of the 
Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and 
shall also include investors that are commonly controlled under the 
indicia of control set forth in the definition of affiliate in Sec.  
1.2110(c)(5) of the Commission's rules.
    (g) Qualifying investor. (1) A qualifying investor is a person who 
is (or holds an interest in) a member of the applicant's (or licensee's) 
control group and whose gross revenues and total assets, when aggregated 
with those of all other attributable investors and affiliates, do not 
exceed the gross revenues and total assets limits specified in Sec.  
24.709(a), or, in the case of an applicant (or licensee) that is a small 
business, do not exceed the gross revenues limit specified in paragraph 
(b) of this section.
    (2) For purposes of assessing compliance with the minimum equity 
requirements of Sec.  24.709(b)(1)(v) and (b)(1)(vi), where such equity 
interests are not held directly in the applicant, interests held by 
qualifying investors shall be determined by successive multiplication of 
the ownership percentages for each link in the vertical ownership chain.
    (3) For purposes of Sec.  24.709(b)(1)(v)(A)(3) and 
(b)(1)(vi)(A)(3), a qualifying investor is a person who is (or holds an 
interest in) a member of the applicant's (or licensee's) control group 
and whose gross revenues and total assets do not exceed the gross 
revenues and total assets limits specified in Sec.  24.709(a).
    (h) Preexisting entity; Existing investor. A preexisting entity is 
an entity that was operating and earning revenues for at least two years 
prior to December 31, 1994. An existing investor is a person or entity 
that was an owner of record of a preexisting entity's equity as of 
November 10, 1994, and any person or entity acquiring de minimis equity 
holdings in a preexisting entity after that date.

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

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



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

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



Sec. Sec.  24.801-24.803  [Reserved]



Sec.  24.804  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under all applicable laws and 
Commission regulations, policies and decisions;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A broadband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (1) Any alien or the representative of any alien.
    (2) Any corporation organized under the laws of any foreign 
government.
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of another country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such a 
license.

[[Page 162]]

    (c) A broadband PCS authorization to provide Private Mobile Radio 
Service may not be granted to or held by a foreign government or a 
representative thereof.

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



Sec. Sec.  24.805-24.814  [Reserved]



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

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



Sec. Sec.  24.816-24.829  [Reserved]



Sec.  24.830  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec.  1.2108 of this chapter and must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Sec. Sec.  1.41 through 1.52 
of this chapter except where otherwise provided in Sec.  1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously-filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying 
previously-filed application. This subsection does not apply, however, 
to petitioners who gain standing because of the major amendment.



Sec.  24.831  Mutually exclusive applications.

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

[[Page 163]]

    (d)-(j) [Reserved]



Sec.  24.832  [Reserved]



Sec.  24.833  Post-auction divestitures.

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

[59 FR 53371, Oct. 24, 1994]



Sec. Sec.  24.834-24.838  [Reserved]



Sec.  24.839  Transfer of control or assignment of license.

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

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



Sec. Sec.  24.840-24.844  [Reserved]



[[Page 164]]



PART 25_SATELLITE COMMUNICATIONS--Table of Contents



                            Subpart A_General

Sec.
25.101 Basis and scope.
25.102 Station authorization required.
25.103 Definitions.
25.104 Preemption of local zoning of earth stations.
25.105 Citizenship.
25.106-25.107 [Reserved]
25.108 Incorporation by reference.
25.109 Cross-reference.

                   Subpart B_Applications and Licenses

                 General Application Filing Requirements

25.110 Filing of applications, fees, and number of copies.
25.111 Additional information, ITU filings, and ITU cost recovery.
25.112 Dismissal and return of applications.
25.113 Station construction, deployment approval, and operation of spare 
          satellites.
25.114 Applications for space station authorizations.
25.115 Applications for earth station authorizations.
25.116 Amendments to applications.
25.117 Modification of station license.
25.118 Modifications not requiring prior authorization.
25.119 Assignment or transfer of control of station authorization.
25.120 Application for special temporary authorization.
25.121 License term and renewals.
25.129 Equipment authorization for portable earth-station transceivers.

                             Earth Stations

25.130 Filing requirements for transmitting earth stations.
25.131 Filing requirements and registration for receive-only earth 
          stations.
25.132 Verification of earth station antenna performance.
25.133 Period of construction; certification of commencement of 
          operation.
25.134 [Reserved]
25.135 Licensing provisions for earth station networks in the non-voice, 
          non-geostationary Mobile-Satellite Service.
25.136 Earth Stations in the 27.5-28.35 GHz and 37.5-40 GHz bands.
25.137 Requests for U.S. market access through non-U.S.-licensed space 
          stations.
25.138 Licensing requirements for GSO FSS earth stations in the 
          conventional Ka-band.
25.139 NGSO FSS coordination and information sharing between MVDDS 
          licensees in the 12.2 GHz to 12.7 GHz band.

                             Space Stations

25.140 Further requirements for license applications for GSO space 
          station operation in the FSS and the 17/24 GHz BSS.
25.142 Licensing provisions for the non-voice, non-geostationary Mobile-
          Satellite Service.
25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite Service 
          and 2 GHz Mobile-Satellite Service.
25.144 Licensing provisions for the 2.3 GHz satellite digital audio 
          radio service.
25.145 Licensing provisions for the FSS in the 18.3-20.2 GHz and 28.35-
          30.0 GHz bands.
25.146 Licensing and operating rules for the NGSO FSS in the 10.7-14.5 
          GHz bands.
25.147 [Reserved]
25.148 Licensing provisions for the Direct Broadcast Satellite Service.
25.149 Application requirements for ancillary terrestrial components in 
          Mobile-Satellite Service networks operating in the 1.5./1.6 
          GHz and 1.6/2.4 GHz Mobile-Satellite Service.

                       Processing of Applications

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

   Forfeiture, Termination, and Reinstatement of Station Authorization

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

           Reporting Requirements For Space Station Operators

25.170 Annual reporting requirements.
25.171 Contact information reporting requirements.
25.172 Requirements for reporting space station control arrangements.
25.173 Results of in-orbit testing.

                      Subpart C_Technical Standards

25.201 [Reserved]

[[Page 165]]

25.202 Frequencies, frequency tolerance, and emission limits.
25.203 Choice of sites and frequencies.
25.204 Power limits for earth stations.
25.205 Minimum antenna elevation angle.
25.206 Station identification.
25.207 Cessation of emissions.
25.208 Power flux density limits.
25.209 Earth station antenna performance standards.
25.210 Technical requirements for space stations in the Fixed-Satellite 
          Service.
25.211 Analog video transmissions in the FSS.
25.212 Narrowband analog transmissions and digital transmissions in the 
          GSO FSS.
25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz 
          Mobile-Satellite Service.
25.214 Technical requirements for space stations in the Satellite 
          Digital Audio Radio Service and associated terrestrial 
          repeaters.
25.215 [Reserved]
25.216 Limits on emissions from mobile earth stations for protection of 
          aeronautical radionavigation-satellite service.
25.217 Default service rules.
25.218 Off-axis EIRP density envelopes for FSS earth stations 
          transmitting in certain frequency bands.
25.219 [Reserved]
25.220 Non-routine transmit/receive earth station operations.
25.221 Blanket licensing provisions for ESVs operating with GSO FSS 
          space stations in the 3700-4200 MHz and 5925-6425 MHz bands.
25.222 Blanket licensing provisions for ESVs operating with GSO FSS 
          space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
          12.2 GHz, and 14.0-14.5 GHz bands.
25.223 Alternative licensing rules for feeder-link earth stations in the 
          17/24 GHz BSS.
25.224 Protection of receive-only earth stations in the 17/24 GHz BSS.
25.225 Geographic Service Requirements for 17/24 GHz Broadcasting 
          Satellite Service.
25.226 Blanket licensing provisions for domestic, U.S. VMESs operating 
          with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 
          GHz, 11.7-12.2 GHz, and 14.0-14.5 GHz bands.
25.227 Blanket licensing provisions for ESAAs operating with GSO FSS 
          space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-
          12.2 GHz, and 14.0-14.5 GHz bands.
25.228-25.249 [Reserved]
25.250 Sharing between NGSO MSS Feeder links Earth Stations in the 19.3-
          19.7 GHz and 29.1-29.5 GHz Bands.
25.251 Special requirements for coordination.
25.252 [Reserved]
25.253 Special requirements for ancillary terrestrial components 
          operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
25.254 Special requirements for ancillary terrestrial components 
          operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
25.255 Procedures for resolving harmful interference related to 
          operation of ancillary terrestrial components operating in the 
          1.5/1.6 GHz and 1.6/2.4 GHz bands.
25.256 Special Requirements for operations in the 3.65-3.7 GHz band.
25.257 Special requirements for NGSO MSS operations in the 29.1-29.25 
          GHz band regarding LMDS.
25.258 Sharing between NGSO MSS feeder-link stations and GSO FSS 
          services in the 29.25-29.5 GHz band.
25.259 Time sharing between NOAA meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 137-138 
          MHz band.
25.260 Time sharing between DoD meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 400.15-
          401 MHz band.
25.261 Procedures for avoidance of in-line interference events for Non 
          Geostationary Satellite Orbit (NGSO) Satellite Network 
          Operations in the Fixed-Satellite Service (FSS) Bands.
25.262 Licensing and domestic coordination requirements for 17/24 GHz 
          BSS space stations.
25.263 Information sharing requirements for SDARS terrestrial repeater 
          operators.
25.264 Requirements to facilitate reverse-band operation in the 17.3-
          17.8 GHz band of 17/24 GHz BSS and DBS Service space stations.
25.265 Acceptance of interference in 2000-2020 MHz.

                     Subpart D_Technical Operations

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

[[Page 166]]

25.285 Operation of MSS and ATC transmitters or transceivers on board 
          civil aircraft.
25.286 Antenna painting and lighting.
25.287 Requirements pertaining to operation of mobile stations in the 
          NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Satellite 
          Service bands.
25.288 Obligation to remedy interference caused by NGSO MSS feeder 
          downlinks in the 6700-6875 MHz band.

                         Subpart E_Miscellaneous

25.301 Satellite Emergency Notification Devices (SENDs).

            Subpart F_Competitive Bidding Procedures for DARS

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

Subparts G-H [Reserved]

                Subpart I_Equal Employment Opportunities

25.601 Equal employment opportunities.

                  Subpart J_Public Interest Obligations

25.701 Other DBS Public interest obligations.
25.702 Other SDARS Public interest obligations.

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 
309, 310, 319, 332, 605, and 721, unless otherwise noted.



                            Subpart A_General



Sec.  25.101  Basis and scope.

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

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



Sec.  25.102  Station authorization required.

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

[56 FR 24016, May 28, 1991]



Sec.  25.103  Definitions.

    Terms with definitions including the ``(RR)'' designation are 
defined in the same way in Sec.  2.1 of this chapter and in the Radio 
Regulations of the International Telecommunication Union.
    1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service 
provided in any portion of the 1525-1559 MHz space-to-Earth band and the 
1626.5-1660.5 MHz Earth-to-space band, which are referred to in this 
rule part as the ``1.5/1.6 GHz MSS bands.''
    1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in 
any portion thereof.
    2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that 
operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any portion 
thereof.
    17/24 GHz Broadcasting-Satellite Service (17/24 GHz BSS). A 
radiocommunication service involving transmission from one or more 
feeder-link earth stations to other earth stations via geostationary 
satellites, in the 17.3-17.7 GHz (space-to-Earth) (domestic allocation), 
17.3-17.8 GHz (space-to-Earth) (international allocation) and 24.75-
25.25 GHz (Earth-to-space) bands. For purposes of the application 
processing provisions of this part, the 17/24 GHz BSS is a GSO-like 
service. Unless specifically stated otherwise, 17/24 GHz

[[Page 167]]

BSS systems are subject to the rules in this part applicable to FSS.
    Ancillary Terrestrial Component (ATC). A terrestrial communications 
network used in conjunction with a qualifying satellite network system 
authorized pursuant to these rules and the conditions established in the 
Orders issued in IB Docket No. 01-185, Flexibility for Delivery of 
Communications by Mobile-Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
    Ancillary Terrestrial Component (ATC) base station. A terrestrial 
fixed facility used to transmit communications to or receive 
communications from one or more ancillary terrestrial component mobile 
terminals.
    Ancillary Terrestrial Component (ATC) mobile terminal. A terrestrial 
mobile facility used to transmit communications to or receive 
communications from an ancillary terrestrial component base station or a 
space station.
    Blanket license. A license for multiple fixed or mobile earth 
stations or SDARS terrestrial repeaters that may be operated anywhere 
within a geographic area specified in the license, or for multiple non-
geostationary-orbit space stations.
    Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-
6425 MHz (Earth-to-space) FSS frequency bands.
    Conventional Ka-band. The 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 
GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 
GHz (Earth-to-space) frequency bands, which the Commission has 
designated as primary for GSO FSS operation.
    Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-
14.5 GHz (Earth-to-space) FSS frequency bands.
    Coordination distance. When determining the need for coordination, 
the distance on a given azimuth from an earth station sharing the same 
frequency band with terrestrial stations, or from a transmitting earth 
station sharing the same bidirectionally allocated frequency band with 
receiving earth stations, beyond which the level of permissible 
interference will not be exceeded and coordination is therefore not 
required. (RR)
    Direct Broadcast Satellite (DBS) Service. A radiocommunication 
service in which signals transmitted or retransmitted by Broadcasting-
Satellite Service space stations in the 12.2-12.7 GHz band are intended 
for direct reception by subscribers or the general public. For the 
purposes of this definition, the term direct reception includes 
individual reception and community reception.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (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. (RR)
    Earth Station on Vessel (ESV). An earth station onboard a craft 
designed for traveling on water, receiving from and transmitting to 
geostationary-orbit Fixed-Satellite Service space stations.
    Earth Stations Aboard Aircraft (ESAA). Earth stations operating 
aboard aircraft that receive from and transmit to geostationary-orbit 
Fixed-Satellite Service space stations pursuant to the requirements in 
Sec.  25.227.
    Emergency Call Center. A facility that subscribers of satellite 
commercial mobile radio services call when in need of emergency 
assistance by dialing ``911'' on their mobile earth station terminals.
    Equivalent diameter. When circular aperture reflector antennas are 
employed, the size of the antenna is generally expressed as the diameter 
of the antenna's main reflector. When non-reflector or non-circular-
aperture antennas are employed, the equivalent diameter is the diameter 
of a hypothetical circular-aperture antenna with the same aperture area 
as the actual antenna. For example, an elliptical aperture antenna with 
major axis a and minor axis b will have an equivalent diameter of [a x 
b]1/2. A rectangular aperture antenna with length l and width 
w will have an equivalent diameter of [4(l x w)/[pi]]1/2.
    Equivalent Power Flux Density (EPFD). The sum of the power flux 
densities

[[Page 168]]

produced at a geostationary-orbit receive earth or space station on the 
Earth's surface or in the geostationary orbit, as appropriate, by all 
the transmit stations within a non-geostationary-orbit Fixed-Satellite 
Service system, taking into account the off-axis discrimination of a 
reference receiving antenna assumed to be pointing in its nominal 
direction. The equivalent power flux density, in dB(W/m\2\) in the 
reference bandwidth, is calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TR12FE14.001

Where:

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

    Extended C-band. The 3600-3700 MHz (space-to-Earth), 5850-5925 MHz 
(Earth-to-space), and 6425-6725 MHz (Earth-to-space) FSS frequency 
bands.
    Extended Ku-band. The 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 
GHz (space-to-Earth), and 13.75-14.0 GHz bands (Earth-to-space) FSS 
frequency bands.
    Feeder link. A radio link from a fixed earth station at a given 
location to a space station, or vice versa, conveying information for a 
space radiocommunication service other than the Fixed-Satellite Service. 
The given location may be at a specified fixed point or at any fixed 
point within specified areas. (RR)
    Fixed earth station. An earth station intended to be used at a fixed 
position. The position may be a specified fixed point or any fixed point 
within a specified area.
    Fixed-Satellite Service (FSS). A radiocommunication service between 
earth stations at given positions, when one or more satellites are used; 
the given position may be a specified fixed point or any fixed point 
within specified areas; in some cases this service includes satellite-
to-satellite links, which may also be operated in the inter-satellite 
service; the Fixed-Satellite Service may also include feeder links of 
other space radiocommunication services. (RR)
    Geostationary-orbit (GSO) satellite. A geosynchronous satellite 
whose circular and direct orbit lies in the plane of the Earth's equator 
and which thus remains fixed relative to the Earth; by extension, a 
geosynchronous satellite which remains approximately fixed relative to 
the Earth.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Ku band. In this rule part, the terms ``Ku band'' and ``conventional 
Ku band'' refer to the 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz 
(Earth-to-

[[Page 169]]

space) bands. These paired bands are allocated to the Fixed-Satellite 
Service and are also referred to as the 12/14 GHz bands.
    Land earth station. An earth station in the Fixed-Satellite Service 
or, in some cases, in the Mobile-Satellite Service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the Mobile-Satellite Service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Mobile Earth Station. An earth station in the Mobile-Satellite 
Service intended to be used while in motion or during halts at 
unspecified points. (RR)
    Mobile-Satellite Service (MSS). (1) A radiocommunication service:
    (i) Between mobile earth stations and one or more space stations, or 
between space stations used by this service; or
    (ii) Between mobile earth stations, by means of one or more space 
stations.
    (2) This service may also include feeder links necessary for its 
operation. (RR)
    NGSO. Non-geostationary orbit.
    NGSO FSS gateway earth station. An earth station or complex of 
multiple earth station antennas that supports the routing and switching 
functions of an NGSO FSS system and that does not originate or terminate 
communication traffic. An NGSO FSS gateway earth station may also be 
used for telemetry, tracking, and command transmissions and is not for 
the exclusive use of any customer.
    Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A 
Mobile-Satellite Service reserved for use by non-geostationary 
satellites in the provision of non-voice communications which may 
include satellite links between land earth stations at fixed locations.
    Permitted Space Station List. A list of all U.S.-licensed 
geostationary-orbit space stations providing Fixed-Satellite Service in 
the conventional C band, the conventional Ku band, or the 18.3-18.8 GHz, 
19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands, as well as non-
U.S.-licensed geostationary-orbit space stations approved for U.S. 
market access to provide Fixed-Satellite Service in the conventional C 
band, conventional Ku band, or 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 
GHz, and 29.25-30.0 GHz bands.
    Plane perpendicular to the GSO arc. The plane that is perpendicular 
to the ``plane tangent to the GSO arc,'' as defined below, and includes 
a line between the earth station in question and the GSO space station 
that it is communicating with.
    Plane tangent to the GSO arc. The plane defined by the location of 
an earth station's transmitting antenna and a line in the equatorial 
plane that is tangent to the GSO arc at the location of the GSO space 
station that the earth station is communicating with.
    Power flux density (PFD). The amount of power flow through a unit 
area within a unit bandwidth. The units of power flux density are those 
of power spectral density per unit area, namely watts per hertz per 
square meter. These units are generally expressed in decibel form as 
dB(W/Hz/m\2\), dB(W/m\2\) in a 4 kHz band, or dB(W/m\2\) in a 1 MHz 
band.
    Power Spectral Density (PSD). The amount of an emission's 
transmitted carrier power applied at the antenna input falling within 
the stated bandwidth. The units of power spectral density are watts per 
hertz and are generally expressed in decibel form as dB(W/Hz) when 
measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz 
bandwidth, or dB(W/MHz) when measured in a 1 MHz bandwidth.
    Protection areas. The geographic regions where U.S. Department of 
Defense meteorological satellite systems or National Oceanic and 
Atmospheric Administration meteorological satellite systems, or both 
such systems, receive signals from low earth orbiting satellites. Also, 
areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz 
Mobile-Satellite Service determined in the manner specified in Sec.  
25.203(j).
    Radiodetermination-Satellite Service. A radiocommunication service 
for the purpose of radiodetermination involving the use of one of more 
space stations. This service may also include feeder links necessary for 
its own operation. (RR)

[[Page 170]]

    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations that satisfy the criteria in Sec.  25.138(a), Sec.  25.211(d), 
Sec.  25.212(c), Sec.  25.212(d), Sec.  25.212(e), Sec.  25.212(f), 
Sec.  25.218, or Sec.  25.223(b), include all required information, are 
consistent with all Commission rules, and do not raise any policy 
issues. Some, but not all, routine earth station applications are 
eligible for an autogrant procedure under Sec.  25.115(a)(3).
    Satellite Digital Audio Radio Service (SDARS). A radiocommunication 
service in which audio programming is digitally transmitted by one or 
more space stations directly to fixed, mobile, and/or portable stations, 
and which may involve complementary repeating terrestrial transmitters 
and telemetry, tracking and command facilities.
    Satellite system. A space system using one or more artificial earth 
satellites. (RR)
    Selected assignment. A spectrum assignment voluntarily identified by 
a 2 GHz MSS licensee at the time that the licensee's first 2 GHz Mobile-
Satellite Service satellite reaches its intended orbit.
    Shapeable antenna beam. A satellite transmit or receive antenna 
beam, the gain pattern of which can be modified at any time without 
physically repositioning a satellite antenna reflector.
    Skew angle. The angle between the minor axis of an axially 
asymmetric antenna beam and the plane tangent to the GSO arc.
    Space radiocommunication. Any radiocommunication involving the use 
of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere. (RR)
    Space system. Any group of cooperating earth stations and/or space 
stations employing space radiocommunication for specific purposes. (RR)
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere. (RR)
    Terrestrial radiocommunication. Any radiocommunication other than 
space radiocommunication or radio astronomy. (RR)
    Terrestrial station. A station effecting terrestrial 
radiocommunication.
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, or the conventional Ka-band within the limits on 
downlink EIRP density or PFD specified in Sec.  25.140(a)(3) and 
communicating only with earth stations operating in conformance with 
routine uplink parameters specified in Sec.  25.138(a), Sec.  25.211(d), 
Sec.  25.212(c), (d), or (f), Sec.  25.218, Sec.  25.221(a)(1) or 
(a)(3), Sec.  25.222(a)(1) or (a)(3), Sec.  25.226(a)(1) or (a)(3), or 
Sec.  25.227(a)(1) or (a)(3).
    Vehicle-Mounted Earth Station (VMES). An earth station, operating 
from a motorized vehicle that travels primarily on land, that receives 
from and transmits to geostationary orbit Fixed-Satellite Service space 
stations and operates within the United States pursuant to the 
requirements set out in Sec.  25.226.

[79 FR 8311, Feb. 12, 2014, as amended at 79 FR 26868, May 12, 2014; 81 
FR 55324, Aug. 18, 2016]



Sec.  25.104  Preemption of local zoning of earth stations.

    (a) Any state or local zoning, land-use, building, or similar 
regulation that materially limits transmission or reception by satellite 
earth station antennas, or imposes more than minimal costs on users of 
such antennas, is preempted unless the promulgating authority can 
demonstrate that such regulation is reasonable, except that nonfederal 
regulation of radio frequency emissions is not preempted by this 
section. For purposes of this paragraph (a), reasonable means that the 
local regulation:
    (1) Has a clearly defined health, safety, or aesthetic objective 
that is stated in the text of the regulation itself; and
    (2) Furthers the stated health, safety or aesthetic objective 
without unnecessarily burdening the federal interests in ensuring access 
to satellite services and in promoting fair and effective

[[Page 171]]

competition among competing communications service providers.
    (b)(1) Any state or local zoning, land-use, building, or similar 
regulation that affects the installation, maintenance, or use of a 
satellite earth station antenna that is two meters or less in diameter 
and is located or proposed to be located in any area where commercial or 
industrial uses are generally permitted by non-federal land-use 
regulation shall be presumed unreasonable and is therefore preempted 
subject to paragraph (b)(2) of this section. No civil, criminal, 
administrative, or other legal action of any kind shall be taken to 
enforce any regulation covered by this presumption unless the 
promulgating authority has obtained a waiver from the Commission 
pursuant to paragraph (e) of this section, or a final declaration from 
the Commission or a court of competent jurisdiction that the presumption 
has been rebutted pursuant to paragraph (b)(2) of this section.
    (2) Any presumption arising from paragraph (b)(1) of this section 
may be rebutted upon a showing that the regulation in question:
    (i) Is necessary to accomplish a clearly defined health or safety 
objective that is stated in the text of the regulation itself;
    (ii) Is no more burdensome to satellite users than is necessary to 
achieve the health or safety objective; and
    (iii) Is specifically applicable on its face to antennas of the 
class described in paragraph (b)(1) of this section.
    (c) Any person aggrieved by the application or potential application 
of a state or local zoning or other regulation in violation of paragraph 
(a) of this section may, after exhausting all nonfederal administrative 
remedies, file a petition with the Commission requesting a declaration 
that the state or local regulation in question is preempted by this 
section. Nonfederal administrative remedies, which do not include 
judicial appeals of administrative determinations, shall be deemed 
exhausted when:
    (1) The petitioner's application for a permit or other authorization 
required by the state or local authority has been denied and any 
administrative appeal and variance procedure has been exhausted;
    (2) The petitioner's application for a permit or other authorization 
required by the state or local authority has been on file for ninety 
days without final action;
    (3) The petitioner has received a permit or other authorization 
required by the state or local authority that is conditioned upon the 
petitioner's expenditure of a sum of money, including costs required to 
screen, pole-mount, or otherwise specially install the antenna, greater 
than the aggregate purchase or total lease cost of the equipment as 
normally installed; or
    (4) A state or local authority has notified the petitioner of 
impending civil or criminal action in a court of law and there are no 
more nonfederal administrative steps to be taken.
    (d) Procedures regarding filing of petitions requesting declaratory 
rulings and other related pleadings will be set forth in subsequent 
Public Notices. All allegations of fact contained in petitions and 
related pleadings must be supported by affidavit of a person or persons 
with personal knowledge thereof.
    (e) Any state or local authority that wishes to maintain and enforce 
zoning or other regulations inconsistent with this section may apply to 
the Commission for a full or partial waiver of this section. Such 
waivers may be granted by the Commission in its sole discretion, upon a 
showing by the applicant that local concerns of a highly specialized or 
unusual nature create a necessity for regulation inconsistent with this 
section. No application for waiver shall be considered unless it 
specifically sets forth the particular regulation for which waiver is 
sought. Waivers granted in accordance with this section shall not apply 
to later-enacted or amended regulations by the local authority unless 
the Commission expressly orders otherwise.
    (f) A satellite earth station antenna that is designed to receive 
direct broadcast satellite service, including direct-to-home satellite 
services, that is one meter or less in diameter or is

[[Page 172]]

located in Alaska is covered by the regulations in Sec.  1.4000 of this 
chapter.

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

    Effective Date Note: At 61 FR 46562, Sept. 4, 1996, Sec.  25.104 was 
amended by revising paragraph (b)(1) and adding paragraph (f). These 
paragraphs contain information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.



Sec.  25.105  Citizenship.

    The rules that establish the requirements and conditions for 
obtaining the Commission's prior approval of foreign ownership in common 
carrier licensees that would exceed the 20 percent limit in section 
310(b)(3) of the Communications Act (47 U.S.C. 310(b)(3)) and/or the 25 
percent benchmark in section 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) 
are set forth in Sec. Sec.  1.5000 through 1.5004 of this chapter.

[81 FR 86613, Dec. 1, 2016]



Sec. Sec.  25.106-25.107  [Reserved]



Sec.  25.108  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Commission must publish a document in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at the Federal 
Communications Commission, 445 12th Street SW., Reference Information 
Center, Room CY-A257, Washington, DC 20554, 202-418-0270, and is 
available from the sources listed below. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (b) European Telecommunications Standards Institute (ETSI), 650 
Route des Lucioles, 06921 Sophia-Antipolis Cedex, France; http://
www.etsi.org; Voice: +33 (0)4 92 94 42 00; Fax: +33 (0)4 93 65 47 16; 
email: [email protected]
    (1) ETSI TS 103 129 V1.1.2 (2014-03), ``Digital Video Broadcasting 
(DVB); Framing structure, channel coding and modulation of a carrier 
identification system (DVB-CID) for satellite transmission,'' Version 
1.1.2, March 2014. Incorporation by reference approved for Sec.  
25.281(b).
    (2) [Reserved]
    (c) International Telecommunication Union (ITU), Place des Nations, 
1211 Geneva 20 Switzerland; www.itu.int; Voice: +41 22 730 5111; Fax: 
+41 22 733 7256; email: [email protected]
    (1) ITU Radio Regulations, Volume 1: Articles, Article 9, 
``Procedure for effecting coordination with or obtaining agreement of 
other administrations,'' Section II, ``Procedure for effecting 
coordination,'' Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec.  25.111(e).
    (2) ITU Radio Regulations, Volume 2: Appendices, Appendix 7, 
``Methods for the determination of the coordination areas around an 
earth station in the frequency bands between 100 MHz and 105 GHz,'' 
Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. Incorporation by 
reference approved for Sec.  25.203(m).
    (3) ITU Radio Regulations, Volume 2: Appendices, Appendix 30, 
``Provisions for all services and associated Plans and List for the 
broadcasting-satellite service in the frequency bands 11.7-12.2 GHz (in 
Region 3), 11.7-12.5 GHz (in Region 1) and 12.2-12.7 GHz (in Region 
2),'' Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec. Sec.  25.117(h) and 
25.118(e).
    (4) ITU Radio Regulations, Volume 2: Appendices, Appendix 30A, 
``Provisions and associated Plans and List for feeder links for the 
broadcasting-satellite service (11.7-12.5 GHz in Region 1, 12.2-12.7 GHz 
in Region 2 and 11.7-12.2 GHz in Region 3) in the frequency bands 14.5-
14.8 GHz and 17.3-18.1 GHz in Regions 1 and 3, and 17.3-17.8 GHz in 
Region 2,'' Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012. 
Incorporation by reference approved for Sec. Sec.  25.110(b), 25.117(h), 
and 25.118(e).

[[Page 173]]

    (5) ITU Radio Regulations, Volume 2: Appendices, Appendix 30B, 
``Provisions and associated Plan for the fixed-satellite service in the 
frequency bands 4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz, 11.2-
11.45 GHz and 12.75-13.25 GHz,'' Edition of 2012, http://www.itu.int/
pub/R-REG-RR-2012. Incorporation by reference approved for Sec. Sec.  
25.110(b) and 25.140(a).
    (6) Recommendation ITU-R S.1503-2, ``Functional description to be 
used in developing software tools for determining conformity of non-
geostationary-satellite orbit fixed-satellite system networks with 
limits contained in Article 22 of the Radio Regulations,'' December 
2013, http://www.itu.int/rec/R-REC-S.1503-2-201312-I. Incorporation by 
reference approved for Sec.  25.146(a).

[81 FR 55324, Aug. 18, 2016, as amended at 82 FR 37029, Aug. 8, 2017; 82 
FR 40494, Aug. 25, 2017]



Sec.  25.109  Cross-reference.

    (a) Space and earth stations in the Amateur Satellite Service are 
licensed under 47 CFR part 97.
    (b) Ship earth stations in the Maritime Mobile-Satellite Service 
transmitting in the 1626.5-1646.5 MHz band are subject to licensing 
under 47 CFR part 80.
    (c) Earth stations in the Aeronautical Mobile-Satellite (Route) 
Service are subject to licensing under 47 CFR part 87.
    (d) Space and earth stations in the Experimental Radio Service may 
be subject to licensing under 47 CFR part 5.

[78 FR 8420, Feb. 6, 2013]



                   Subpart B_Applications and Licenses

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

                 General Application Filing Requirements



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

    (a) Applications may be filed by going online at licensing.fcc.gov/
myibfs and submitting the application through the International Bureau 
Filing System (IBFS).
    (b) Submitting your application. (1) All earth station license 
applications must be filed electronically on FCC Form 312 in accordance 
with the applicable provisions of part 1, subpart Y of this chapter.
    (2) Except as provided in paragraph (b)(3) of this section, 
applications for space station licenses must be filed electronically on 
FCC Form 312 in accordance with the applicable provisions of part 1, 
subpart Y of this chapter and include all information required by Sec.  
25.114.
    (3) A license application for 17/24 GHz BSS space station operation 
or for GSO FSS space station operation not subject to the provisions in 
Appendix 30A of the ITU Radio Regulations (incorporated by reference, 
see Sec.  25.108) may be submitted in two steps, as follows:
    (i) An application for 17/24 GHz BSS space station operation or for 
GSO FSS space station operation not subject to the provisions in 
Appendix 30B of the ITU Radio Regulations (incorporated by reference, 
see Sec.  25.108) may be initiated by filing with the Commission, in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter, a draft Coordination Request and simplified Form 312 for the 
proposed operation and a declaration of acceptance of ITU cost-recovery 
responsibility in accordance with Sec.  25.111(d). The simplified Form 
312, Main Form submission must include the information required by items 
1-17, 43, 45, and 46.
    (ii) An application for GSO FSS space station operation subject to 
the provisions in Appendix 30B of the ITU Radio Regulations 
(incorporated by reference, see Sec.  25.108) may be initiated by 
submitting to the Commission, in accordance with the applicable 
provisions of part 1, subpart Y of this chapter, a draft ITU filing to 
convert an allotment into an assignment, to introduce an additional 
system, or to modify an assignment in the Appendix 30B List accompanied 
by a simplified Form 312 and a declaration of acceptance of ITU cost-
recovery responsibility in accordance with Sec.  25.111(d). The 
simplified Form 312, Main Form submission must include the information 
required by

[[Page 174]]

items 1-17, 43, 45, and 46. In addition, the applicant must submit the 
results of an analysis demonstrating that no U.S. filing under Appendix 
30B would be deemed affected by the proposed operation under the 
relevant ITU criteria or, for any affected filings, a letter signed by 
the affected operator that it consents to the new filing.
    (iii) An application initiated pursuant to paragraphs (b)(3)(i) or 
(b)(3)(ii) of this section will be considered completed by the filing of 
an FCC Form 312 and the remaining information required in a complete 
license application, including the information required by Sec.  25.114, 
within two years of the date of submission of the initial application 
materials.
    (c) All correspondence concerning any application must identify:
    (1) The applicant's name,
    (2) The call sign of the space station or earth station, and
    (3) The file number of the application.
    (d) Copies. Applications must be filed electronically though IBFS. 
The Commission will not accept any paper version of any application.
    (e) Signing. Upon filing an application electronically, the 
applicant must print out the filed application, obtain the proper 
signatures, and keep the original in its files.
    (f) An applicant must pay the appropriate filing fee in accordance 
with part 1, subpart G of this chapter, at the time when it files a FCC 
Form 312.

[69 FR 47793, Aug. 6, 2004, as amended at 78 FR 8420, Feb. 6, 2013; 81 
FR 55325, Aug. 18, 2016]



Sec.  25.111  Additional information, ITU filings, and ITU cost recovery.

    (a) The Commission may request from any party at any time additional 
information concerning any application, or any other submission or 
pleading regarding an application, filed under this part.
    (b) Applicants and licensees of radio stations governed by this part 
must provide the Commission with the information required for Advance 
Publication, Coordination, and Notification of frequency assignment 
filings, including due diligence information, pursuant to the Radio 
Regulations of the International Telecommunication Union. No protection 
from interference caused by radio stations authorized by other 
Administrations is guaranteed unless ITU procedures are timely completed 
or, with respect to individual Administrations, coordination agreements 
are successfully completed. A license for which such procedures have not 
been completed may be subject to additional terms and conditions 
required for coordination of the frequency assignments with other 
Administrations.
    (c) In the Direct Broadcast Satellite service, applicants and 
licensees shall also provide the Commission with all information it 
requires in order to modify the plans for the Broadcasting-Satellite 
Service (BSS) in Appendix 30 of the ITU Radio Regulations (RR) and 
associated feeder-link plans in Appendix 30A of the ITU RR, if the 
system has technical characteristics differing from those specified in 
the Appendix 30 BSS Plans, the Appendix 30A feederlink Plans, Annex 5 to 
Appendix 30, or Annex 3 to Appendix 30A. For such systems, no protection 
from interference caused by radio stations authorized by other 
Administrations is guaranteed until the agreement of all affected 
Administrations is obtained and the frequency assignment becomes a part 
of the appropriate Region 2 BSS and feeder-link Plans. Authorizations 
for which coordination is not completed and/or for which the necessary 
agreements under Appendices 30 and 30A have not been obtained may be 
subject to additional terms and conditions as required to effect 
coordination or obtain the agreement of other Administrations. 
Applicants and licensees shall also provide the Commission with the 
information required by Appendix 4 of the ITU RR for advance publication 
and notification or coordination of the frequencies to be used for 
tracking, telemetry and control functions of DBS systems.
    (d) The Commission will submit filings to the ITU on behalf of an 
applicant, licensee, or other requesting party only after the party has 
filed a signed declaration of unconditional acceptance of all consequent 
ITU cost-recovery responsibility. Applicants and licensees must file the 
declaration electronically in the ``Other Filings''

[[Page 175]]

tab of the application file in the IBFS database, and must also mail a 
paper copy to the International Bureau, Satellite Division. In addition, 
applicants and licensees must reference the call sign and name of the 
satellite network in the declaration. All cost-recovery declarations 
must include the name(s), address(es), email address(es), and telephone 
number(s) of a contact person, or persons, responsible for cost recovery 
inquiries and ITU correspondence and filings. Supplements must be filed 
as necessary to apprise the Commission of changes in the contact 
information until the ITU cost-recovery responsibility is discharged. 
The applicant, licensee, or other party must remit payment of any 
resultant cost-recovery fee to the ITU by the due date specified in the 
ITU invoice, unless an appeal is pending with the ITU that was filed 
prior to the due date. A license granted in reliance on such a 
commitment will be conditioned upon discharge of any such cost-recovery 
obligation. Where an applicant or licensee has an overdue ITU cost-
recovery fee and does not have an appeal pending with the ITU, the 
Commission will dismiss any application associated with that satellite 
network.
    (e) The Commission will process and forward to the ITU up to five 
Advance Publication filings by an entity that are not accompanied by a 
complete space station license application or by an application pursuant 
to Sec.  25.110(b)(3)(i) or (b)(3)(ii). Such Advance Publication filing 
requests not contained in an application must be accompanied by a letter 
request and a signed ITU cost-recovery declaration pursuant to paragraph 
(d) of this section. A request for filing of Advance Publication 
information will be attributed to an entity in the same manner as a 
space station license application under the criteria set forth in Sec.  
25.159(c).

    Note to paragraph (e): After June 30, 2016, the Commission will not 
forward Advance Publication information for satellite networks or 
systems subject to Article 9, Section II of the ITU Radio Regulations 
(incorporated by reference, see Sec.  25.108).

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002; 68 
FR 63997, Nov. 12, 2003; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 
2014; 81 FR 55325, Aug. 18, 2016]



Sec.  25.112  Dismissal and return of applications.

    (a) An application will be unacceptable for filing and will be 
returned to the applicant with a brief statement identifying the 
omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, internal inconsistencies, 
execution, or other matters of a formal character; or
    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.
    (3) The application requests authority to operate a space station in 
a frequency band that is not allocated internationally for such 
operations under the Radio Regulations of the International 
Telecommunication Union.
    (4) The application is identical to a pending application that was 
timely filed pursuant to Sec.  25.157 or Sec.  25.158.
    (b) Applications for space station authority found defective under 
paragraph (a)(3) or (a)(4) of this section will not be considered. 
Applications for authority found defective under paragraphs (a)(1) or 
(a)(2) of this section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict;
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (c) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be

[[Page 176]]

without prejudice unless the application is mutually exclusive pursuant 
to Sec.  25.155, in which case it will be dismissed with prejudice.
    (d) An application will be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003; 79 
FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 2016]



Sec.  25.113  Station construction, deployment approval, and operation of
spare satellites.

    (a) Construction permits are not required for earth stations. 
Construction of such stations may commence prior to grant of an earth 
station license at the applicant's own risk, subject to the requirements 
of Sec.  1.1312 and part 17 of this chapter concerning environmental 
processing and construction, marking, and lighting of antenna 
structures.
    (b) Construction permits are not required for Ancillary Terrestrial 
Component (ATC) stations. A party with licenses issued under this part 
for launch and operation of 1.5/1.6 GHz or 1.6/2.4 GHz GHz Mobile-
Satellite Service space stations and operation of associated ATC 
facilities may commence construction of ATC base stations at its own 
risk after commencing physical construction of the space stations, 
subject to the requirements of Sec.  1.1312 and part 17 of this chapter. 
Such an MSS/ATC licensee may also conduct equipment tests for the 
purpose of making adjustments and measurements necessary to ensure 
compliance with the terms of its ATC license, applicable rules in this 
part, and technical design requirements. Prior to commencing such 
construction and pre-operational testing, an MSS/ATC licensee must 
notify the Commission of the commencement of physical satellite 
construction and the licensee's intention to construct and test ATC 
facilities. This notification must be filed electronically in the 
appropriate file in the International Bureau Filing System database. The 
notification must specify the frequencies the licensee proposes to use 
for pre-operational testing and the name, address, and telephone number 
of a representative for the reporting and mitigation of any interference 
resulting from such testing. MSS/ATC licensees engaging in pre-
operational testing must comply with Sec. Sec.  5.83, 5.85(c), 5.111, 
and 5.117 of this chapter regarding experimental operations. An MSS/ATC 
licensee may not offer ATC service to the public for compensation during 
pre-operational testing.
    (c)-(e) [Reserved]
    (f) Construction permits are not required for U.S.-licensed space 
stations, except for stations that the applicant proposes to operate to 
disseminate program content to be received by the public at large, 
rather than only by subscribers. Construction of a station for which a 
construction permit is not required may commence, at the applicant's own 
risk, prior to grant of a license.
    (g) Except as set forth in paragraphs (h) and (i) of this section, 
approval for orbital deployment and a station license (i.e., operating 
authority) must be applied for and granted before a space station may be 
deployed and operated in orbit. Approval for orbital deployment may be 
requested in an application for a space station license. However, an 
application for authority to deploy and operate an on-ground spare 
satellite will be considered pursuant to the following procedures:
    (1) Applications for deployment and operation of an on-ground spare 
NGSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.157, except as provided in paragraph (g)(3) of this 
section.
    (2) Applications for deployment and operation of an on-ground spare 
GSO-like satellite will be considered pursuant to the procedures set 
forth in Sec.  25.158, except as provided in paragraph (g)(3) of this 
section.
    (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply 
in cases where the space station to be deployed is determined to be an 
emergency replacement for a previously authorized space station that has 
been lost as a result of a launch failure or a catastrophic in-orbit 
failure.
    (h) An operator of NGSO space stations under a blanket license 
granted by the Commission need not apply for license modification to 
operate technically identical in-orbit spare satellites in an authorized 
orbit. However,

[[Page 177]]

the licensee must notify the Commission within 30 days of bringing an 
in-orbit spare into service and certify that its activation has not 
exceeded the number of space stations authorized to provide service and 
that the licensee has determined by measurement that the activated spare 
is operating within the terms of the license.
    (i) An operator of NGSO space stations under a blanket license 
granted by the Commission need not apply for license modification to 
deploy and operate technically identical replacement satellites in an 
authorized orbit within the term of the system authorization. However, 
the licensee must notify the Commission of the intended launch at least 
30 days in advance and certify that its operation of the additional 
space station(s) will not increase the number of space stations 
providing service above the maximum number specified in the license.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4366, Feb. 6, 1996; 61 
FR 9951, Mar. 12, 1996; 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, 
1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, Aug. 27, 2003; 69 FR 
47794, Aug. 6, 2004; 70 FR 32253, June 2, 2005; 77 FR 3954, Jan. 26, 
2012; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; 79 FR 27503, 
May 14, 2014; 81 FR 55326, Aug. 18, 2016]

    Effective Date Note: At 79 FR 27503, May 14, 2014, in Sec.  25.113, 
in the second sentence in paragraph (b), ``1.5/1.6 GHz, 1.6/2.4 GHz, or 
2 GHz Mobile-Satellite Service'' was corrected to read ``1.5/1.6 GHz or 
1.6/2.4 GHz GHz Mobile-Satellite Service''. This amendment contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec.  25.114  Applications for space station authorizations.

    (a)(1) A license application filed pursuant to Sec.  25.110(b)(2) 
for a GSO space station or NGSO space station or space-station 
constellation must comprise a comprehensive proposal and must be 
submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits required by paragraph (d) of this section.
    (2) An application for blanket authority for an NGSO constellation 
of space stations that are not all technically identical must provide 
the information required by paragraphs (c) and (d) of this section for 
each type of station in the constellation.
    (3) For an application filed pursuant to the two-step procedure in 
Sec.  25.110(b)(3), the filing pursuant to Sec.  25.110(b)(3)(iii) must 
be submitted on FCC Form 312, Main Form and Schedule S, with attached 
exhibits as required by paragraph (d) of this section, and must 
constitute a comprehensive proposal.
    (b) Each application for a new or modified space station 
authorization must contain the formal waiver required by 47 U.S.C. 304.
    (c) The following information shall be filed on FCC Form 312, Main 
Form and Schedule S:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, station 
license, modification of authorization);
    (4)(i) For each space station transmitting and receiving antenna 
beam (including telemetry and tracking beams but not command beams), 
specify channel center frequencies and bandwidths and polarization plan. 
For command beams, specify each of the center frequencies within a 5 MHz 
range or a range of 2 percent of the assigned bandwidth, whichever is 
smaller, and the polarization plan. If the space station can vary 
channel bandwidth in a particular frequency band with on-board 
processing, specify only the range of frequencies in that band over 
which the beam can operate and the polarization plan.
    (ii) Specify maximum EIRP and maximum EIRP density for each space 
station transmitting antenna beam. If the satellite uses shapeable 
antenna beams, as defined in Sec.  25.103, specify instead maximum 
possible EIRP and maximum possible EIRP density within each shapeable 
beam's proposed coverage area. Provide this information for each 
frequency band in which the transmitting antenna would operate. For 
bands below 15 GHz, specify EIRP density in dBW/4 kHz; for bands at and 
above 15 GHz, specify EIRP density in dBW/MHz. If the EIRP density 
varies

[[Page 178]]

over time, specify the maximum possible EIRP density.
    (iii)-(iv) [Reserved]
    (v) For each space station receiving beam other than command beams, 
specify the gain-to-temperature ratio at beam peak. For receiving beams 
fed into transponders, also specify the minimum and maximum saturation 
flux density at beam peak. If the satellite uses shapeable beams, 
specify the minimum and maximum gain-to-temperature ratio within each 
shapeable beam's proposed coverage area, and for shapeable receiving 
beams fed into transponders, specify the minimum and maximum saturation 
power flux density within the 0 dB relative antenna gain isoline. 
Provide this information for each frequency band in which the receiving 
beam can operate. For command beams, specify the beam peak flux density 
at the command threshold;
    (vi)(A) For space stations in geostationary orbit, specify predicted 
space station antenna gain contour(s) for each transmit and receive 
antenna beam, except for beams where the contour at 8 dB below peak 
falls entirely beyond the edge of the visible Earth. These contour(s) 
should be plotted on an area map at 2 dB intervals down to 10 dB below 
the peak gain and at 5 dB intervals between 10 dB and 20 dB below the 
peak gain. Applicants must present this information in a GIMS-readable 
format.
    (B) For space stations in non-geostationary orbits, specify for each 
unique orbital plane the predicted antenna gain contour(s) for each 
transmit and receive antenna beam for one space station if all space 
stations are identical in the constellation. If individual space 
stations in the constellation have different antenna beam 
configurations, specify the predicted antenna gain contours for each 
transmit and receive beam for each space station type and orbit or 
orbital plane requested. The contours should be plotted on an area map 
with the beam depicted on the surface of the earth with the space 
stations' peak antenna gain pointed at nadir to a latitude and longitude 
within the proposed service area. The contour(s) should be plotted at 2 
dB intervals down to 10 dB below the peak gain and at 5 dB intervals 
between 10 dB and 20 dB below the peak gain. For intersatellite links, 
specify the peak antenna gain and 3 dB beamwidth.
    (C) For space stations with shapeable antenna beams, specify the 
contours, as defined in paragraph (c)(4)(vi)(A) or (B) of this section, 
for the transmitting beam configuration that results in the highest EIRP 
density for the beams listed in paragraph (c)(4)(ii) of this section and 
for the receiving beam configuration with the smallest gain-to-
temperature ratio and the highest required saturation power flux density 
for the beams listed in paragraph (c)(4)(v) of this section. If the 
shapeable beams are also steerable, include the contours that would 
result from moving the beam peak around the limit of the effective beam 
peak area and the 0 dB relative antenna gain isoline. The proposed 
maximum coverage area must be clearly specified.
    (D) For a space station with steerable beams that are not shapeable, 
specify the applicable contours, as defined in paragraph (c)(4)(vi)(A) 
or (c)(4)(vi)(B) of this section, with a description of a proposed 
coverage area for each steerable beam or provide the contour information 
described in paragraph (c)(4)(vi)(C) of this section for each steerable 
beam.
    (vii) For geostationary satellites with large numbers of identical 
fixed spot beams, other than DBS satellites, applicants may, as an 
alternative to submitting the information described in paragraph 
(c)(4)(vi) of this section with respect to these beams, provide the 
predicted antenna gain contours for one transmit and receive antenna 
beam, together with one of the following:
    (A) An area map showing all of the spot beams depicted on the 
surface of the Earth;
    (B) A table identifying the maximum antenna gain point(s) in 
latitude and longitude to the nearest 0.1 degree; or
    (C) A map of the isolines formed by combining all of the spot beams 
into one or more composite beams. For non-geostationary satellites with 
large numbers of identical fixed beams on each satellite, applicants 
may, as an alternative to submitting the information described in 
paragraph (c)(4)(vi) of this section with respect to those

[[Page 179]]

beams, specify the predicted antenna gain contours for one transmit and 
receive beam pointed to nadir, together with an area map showing all of 
the spot beams depicted on the surface of the earth with the satellites' 
peak antenna gain pointed to a selected latitude and longitude within 
the service area.
    (5) For space stations in geostationary orbit:
    (i) Orbital location requested,
    (ii) [Reserved]
    (iii) East-west station-keeping range,
    (iv) North-south station-keeping range, and
    (v) Accuracy to which antenna axis attitude will be maintained;
    (6) For space stations in non-geostationary orbits:
    (i) The number of orbital planes and the number of space stations in 
each plane,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s),
    (viii) Right ascension of the ascending node(s), and
    (ix) For each satellite in each orbital plane, the initial phase 
angle at the reference time;
    (7) The frequency bands, types of service, and coverage areas;
    (8) Calculated maximum power flux density levels within each 
coverage area and energy dispersal bandwidths, if any, needed for 
compliance with Sec.  25.208, for the angles of arrival specified in the 
applicable paragraph(s) of Sec.  25.208;
    (9) [Reserved]
    (10) Estimated operational lifetime;
    (11) Whether the space station is to be operated on a common carrier 
basis;
    (12) [Reserved]
    (13) And the polarization information necessary to determine 
compliance with Sec.  25.210(i).
    (d) The following information in narrative form shall be contained 
in each application:
    (1) Overall description of system facilities, operations and 
services and explanation of how uplink frequency bands would be 
connected to downlink frequency bands;
    (2)-(5) [Reserved]
    (6) Public interest considerations in support of grant;
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/24 
GHz Broadcasting-Satellite Service must also include the information 
specified in Sec.  25.140(b)(3), (b)(4), (b)(5), or (b)(6);
    (8) Applications for authorizations in the Mobile-Satellite Service 
in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide 
all information necessary to comply with the policies and procedures set 
forth in Rules and Policies Pertaining to the Use of Radio Frequencies 
in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at 
address in Sec.  0.445 of this chapter.);
    (9) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec.  25.142; and
    (10) An application for space station authorization in the 1.6/2.4 
GHz or 2 GHz Mobile-Satellite Service must include information required 
by Sec.  25.143(b);
    (11) Applications for space stations in the Direct Broadcast 
Satellite Service must include a clear and detailed statement of whether 
the space station is to be operated on a broadcast or non-broadcast 
basis;
    (12) Applications for authorizations in the non-geostationary orbit 
Fixed-Satellite Service in the 10.7-14.5 GHz bands must also provide all 
information specified in Sec.  25.146.
    (13) For satellite applications in the Direct Broadcast Satellite 
Service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the ITU 
Radio Regulations, each applicant must provide:
    (i) The information requested in Appendix 4 of the ITU Radio 
Regulations.

[[Page 180]]

Further, applicants must provide sufficient technical showing that the 
proposed system could operate satisfactorily if all assignments in the 
BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations.
    (14) A description of the design and operational strategies that 
will be used to mitigate orbital debris, including the following 
information:
    (i) A statement that the space station operator has assessed and 
limited the amount of debris released in a planned manner during normal 
operations, and has assessed and limited the probability of the space 
station becoming a source of debris by collisions with small debris or 
meteoroids that could cause loss of control and prevent post-mission 
disposal;
    (ii) A statement that the space station operator has assessed and 
limited the probability of accidental explosions during and after 
completion of mission operations. This statement must include a 
demonstration that debris generation will not result from the conversion 
of energy sources on board the spacecraft into energy that fragments the 
spacecraft. Energy sources include chemical, pressure, and kinetic 
energy. This demonstration should address whether stored energy will be 
removed at the spacecraft's end of life, by depleting residual fuel and 
leaving all fuel line valves open, venting any pressurized system, 
leaving all batteries in a permanent discharge state, and removing any 
remaining source of stored energy, or through other equivalent 
procedures specifically disclosed in the application;
    (iii) A statement that the space station operator has assessed and 
limited the probability of the space station becoming a source of debris 
by collisions with large debris or other operational space stations. 
Where a space station will be launched into a low-Earth orbit that is 
identical, or very similar, to an orbit used by other space stations, 
the statement must include an analysis of the potential risk of 
collision and a description of what measures the space station operator 
plans to take to avoid in-orbit collisions. If the space station 
operator is relying on coordination with another system, the statement 
must indicate what steps have been taken to contact, and ascertain the 
likelihood of successful coordination of physical operations with, the 
other system. The statement must disclose the accuracy--if any--with 
which orbital parameters of non-geostationary satellite orbit space 
stations will be maintained, including apogee, perigee, inclination, and 
the right ascension of the ascending node(s). In the event that a system 
is not able to maintain orbital tolerances, i.e., it lacks a propulsion 
system for orbital maintenance, that fact should be included in the 
debris mitigation disclosure. Such systems must also indicate the 
anticipated evolution over time of the orbit of the proposed satellite 
or satellites. Where a space station requests the assignment of a 
geostationary-Earth orbit location, it must assess whether there are any 
known satellites located at, or reasonably expected to be located at, 
the requested orbital location, or assigned in the vicinity of that 
location, such that the station keeping volumes of the respective 
satellites might overlap. If so, the statement must include a statement 
as to the identities of those parties and the measures that will be 
taken to prevent collisions;
    (iv) A statement detailing the post-mission disposal plans for the 
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For 
geostationary-Earth orbit space stations, the statement must disclose 
the altitude selected for a post-mission disposal orbit and the 
calculations that are used in deriving the disposal altitude. The 
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In 
general, an assessment should include an estimate as to whether portions 
of the spacecraft will survive re-entry and reach the surface of the 
Earth, as well as an estimate of the resulting probability of human 
casualty. Applicants for space stations to be used only for commercial 
remote

[[Page 181]]

sensing may, in lieu of submitting detailed post-mission disposal plans 
to the Commission, certify that they have submitted such plans to the 
National Oceanic and Atmospheric Administration for review.
    (v) For non-U.S.-licensed space stations, the requirement to 
describe the design and operational strategies to minimize orbital 
debris risk can be satisfied by demonstrating that debris mitigation 
plans for the space station(s) for which U.S. market access is requested 
are subject to direct and effective regulatory oversight by the national 
licensing authority.
    (15) Each applicant for a space station license in the 17/24 GHz 
broadcasting-satellite service shall include the following information 
as an attachment to its application:
    (i) If the applicant proposes to operate in the 17.3-17.7 GHz 
frequency band, a demonstration that the proposed space station will 
comply with the power flux density limits in Sec.  25.208(w) unless the 
applicant provides a certification under paragraph (d)(15)(ii) of this 
section.
    (ii) In cases where the proposed space station will not comply with 
the power flux density limits set forth in Sec.  25.208(w) of this part, 
the applicant will be required to provide a certification that all 
potentially affected parties acknowledge and do not object to the use of 
the applicant's higher power flux densities. The affected parties with 
whom the applicant must coordinate are those GSO 17/24 GHz BSS satellite 
networks located up to 6[deg] away for excesses of 
up to 3 dB above the power flux-density levels specified in Sec.  
25.208(w) of this part, and up to 10[deg] away 
greater for excesses greater than 3 dB above those levels.
    (iii) If the applicant proposes to provide international service in 
the 17.7-17.8 GHz frequency band, a certification that the proposed 
space station will comply with the power flux density limits in Sec.  
25.208(c).
    (iv) Any information required by Sec.  25.264(a)(6), 25.264(b)(4), 
or 25.264(d).
    (16) In addition to the requirements of paragraph (d)(15) of this 
section, each applicant for a license to operate a 17/24 GHz BSS space 
station that will be used to provide video programming directly to 
consumers in the United States, that will not meet the requirements of 
Sec.  25.225 of this part, must include as an attachment to its 
application a technical analysis demonstrating that providing video 
programming service to consumers in Alaska and Hawaii that is comparable 
to the video programming service provided to consumers in the 48 
contiguous United States (CONUS) is not feasible as a technical matter 
or that, while technically feasible, such service would require so many 
compromises in satellite design and operation as to make it economically 
unreasonable.
    (17) An applicant seeking to operate a space station in the 17/24 
GHz broadcasting-satellite service pursuant to the provisions of Sec.  
25.262(b) of this part, at an offset location no greater than one degree 
offset from an orbital location specified in Appendix F of the Report 
and Order adopted May 2, 2007, IB Docket No. 06-123, FCC 07-76, must 
submit a written request to that effect as part of the narrative portion 
of its application.
    (18) For space stations in the Direct Broadcast Satellite service or 
the 17/24 GHz broadcasting-satellite service, maximum orbital 
eccentricity.

[68 FR 63997, Nov. 12, 2003, as amended at 69 FR 29901, May 26, 2004; 69 
FR 47794, Aug. 6, 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, Aug. 
29, 2007; 72 FR 60278, Oct. 24, 2007; 76 FR 50431, Aug. 15, 2011; 78 FR 
8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, 
2016]



Sec.  25.115  Applications for earth station authorizations.

    (a)(1) Transmitting earth stations. Commission authorization must be 
obtained for authority to operate a transmitting earth station. 
Applications shall be filed electronically on FCC Form 312, Main Form 
and Schedule B, and include the information specified in Sec.  25.130, 
except as set forth in paragraph (a)(2) of this section.
    (2) Applicants for licenses for transmitting earth stations in the 
FSS may file on FCC Form 312EZ if all of the following criteria are met:
    (i) The application is for a single station that will transmit to an 
FSS GSO space station, or stations, in the 5925-6425 MHz band, or for 
single or multiple

[[Page 182]]

stations that will transmit to an FSS GSO space station, or stations, in 
the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or 29.5-30.0 GHz band;
    (ii) The earth station(s) will not be installed or operated on 
ships, aircraft, or other moving vehicles;
    (iii) The application meets all relevant criteria in Sec.  25.211 or 
Sec.  25.212 or includes information filed pursuant to paragraph (g)(1) 
of this section indicating that off-axis EIRP density from the proposed 
earth stations will not exceed relevant levels specified in Sec.  
25.138(a) or Sec.  25.218;
    (iv) Operation of the proposed station has been successfully 
coordinated with terrestrial systems, if the station would transmit in 
the 5925-6425 MHz band;
    (v) The application includes an environmental impact statement 
pursuant to Sec.  1.1311 of this chapter, if required;
    (vi) The applicant does not propose to communicate via non-U.S.-
licensed space stations not on the Permitted Space Station List; and
    (vii) If the proposed station(s) will receive in the 18.3-18.8 GHz 
and/or 19.7-20.2 GHz bands, the applicant proposes to communicate only 
via satellites for which coordination has been completed pursuant to 
Footnote US334 of the U.S. Table of Frequency Allocations with respect 
to Federal Government systems authorized on a primary basis, under an 
agreement previously approved by the Commission and the National 
Telecommunications and Information Administration, and the applicant 
certifies that it will operate consistently with the agreement.
    (3) Unless the Commission orders otherwise, an application filed on 
FCC Form 312EZ in accordance with paragraph (a)(2) of this section will 
be deemed granted 35 days after the date of the public notice that the 
application has been accepted for filing, provided no objection is filed 
during the 30-day public notice period.
    (4) Applications for earth station authorizations must be filed in 
accordance with the pleading limitations, periods and other applicable 
provisions of Sec. Sec.  1.41 through 1.52 of this chapter, except that 
such earth station applications must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (b) Receive-only earth stations. Applications to license or register 
receive only earth stations shall be filed on FCC Form 312, Main Form 
and Schedule B, and conform to the provisions of Sec.  25.131.
    (c)(1) Networks of earth stations operating in the 11.7-12.2 GHz and 
14.0-14.5 GHz bands with U.S.-licensed or non-U.S.-licensed space 
stations for domestic or international services. Applications to license 
networks of earth stations operating in any portion of the 11.7-12.2 GHz 
and 14.0-14.5 GHz bands under blanket operating authority may be filed 
on FCC Form 312 or Form 312EZ, with a Schedule B for each large (5 
meters or larger) hub station antenna and each representative type of 
small antenna (less than 5 meters) operating within the network.
    (i) Applications to license networks of earth stations operating in 
the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating 
authority that meet the requirements of Sec.  25.212(c) or Sec.  
25.218(e) or (f) will be routinely processed.
    (ii) Applications to license networks of earth stations operating in 
the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating 
authority that do not meet the requirements of Sec.  25.212(c) or Sec.  
25.218(e) or (f) must comply with the requirements in Sec.  25.220 and 
must be filed on FCC Form 312 with a Schedule B for each large (5 meters 
or larger) hub station antenna and each representative type of small 
antenna (less than 5 meters) operating within the network.
    (2) Networks of earth stations operating in the 3700-4200 MHz and 
5925-6425 MHz bands. Applications to license networks of earth stations 
operating in the 3700-4200 MHz and 5925-6425 MHz bands must be filed 
electronically on FCC Form 312, Main Form and Schedule B. Applications 
will be routinely processed provided that frequency coordination has 
been satisfactorily completed and that the proposed earth stations 
comply with the applicable provisions in Sec.  25.211(d) or Sec.  
25.212(d). Alternatively, applicants that have satisfactorily completed 
frequency coordination may

[[Page 183]]

be routinely processed if the proposed earth stations comply with the 
applicable off-axis EIRP density limits in Sec.  25.218(c) or (d).
    (i) For earth station antennas operating with power levels not 
consistent with the applicable provisions in Sec.  25.211(d) or Sec.  
25.212(d), or with EIRP density levels not consistent with those 
specified in Sec.  25.218(c) or (d), the applicant must file an initial 
lead application providing a detailed overview of the complete network. 
Such lead applications must fully identify the scope and nature of the 
service to be provided, as well as the complete technical details of 
each representative type of antenna that will operate within the 
network. Such lead applications for a single system must identify:
    (A) No more than three discrete geostationary satellites to be 
accessed;
    (B) The amount of frequency bandwidth sought, up to a maximum of 20 
MHz of spectrum in each direction at each of the satellites (The same 20 
MHz of uplink and 20 MHz of downlink spectrum at each satellite would be 
accessible by all earth stations in the system. The 20 MHz of uplink and 
20 MHz of downlink spectrum need not be the same at each satellite 
location);
    (C) The maximum number of earth station sites;
    (ii) Following the issuance of a license for the lead application, 
the licensee shall notify the Commission of the complete technical 
parameters of each individual earth station site before that site is 
bought into operation under the lead authorization. Full frequency 
coordination of each individual site (e.g., for each satellite and the 
spectrum associated therewith) shall be completed prior to filing 
Commission notification. The coordination must be conducted in 
accordance with Sec.  25.203. Such notification shall be done by 
electronic filing and shall be consistent with the technical parameters 
of Schedule B of FCC Form 312.
    (iii) Following successful coordination of such an earth station, if 
the earth station operator does not file a lead application or a 
Schedule B within six months after it successfully completes 
coordination, it will be assumed that such frequency use is no longer 
desired, unless a second notification has been received within ten days 
prior to the end of the six month period. Such renewal notifications 
must be sent to all parties concerned. If the lead application or 
Schedule B, or renewal notification, is not timely received, the 
coordination will lapse and the licensee must re-coordinate the relevant 
earth stations if it still wishes to bring them into operation.
    (iv) Operation of each individual site may commence immediately 
after the public notice is released that identifies the notification 
sent to the Commission and if the requirements of paragraph (c)(2)(vi) 
of this section are met. Continuance of operation of each station for 
the duration of the lead license term shall be dependent upon successful 
completion of the normal public notice process. If any objections are 
received to the new station prior to the end of the 30 day comment 
period of the Public Notice, the licensee shall immediately cease 
operation of those particular stations until the coordination dispute is 
resolved and the licensee informs the Commission of the resolution. If 
the requirements of paragraph (c)(2)(vi) of this section are not met, 
operation may not commence until the Commission issues the public notice 
acting on the terminal authorization.
    (v) Each licensee shall annually provide the Commission an updated 
list of all operational earth stations in its system. The annual list 
shall also include a list of all earth stations deactivated during the 
year and identification of the satellites providing service to the 
network as of the date of the report.
    (vi) Conditional authorization. (A) An applicant for a new radio 
station or modification of an existing station authorized under 
paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 MHz 
bands may operate the proposed station during the pendency of its 
application after the release of the public notice accepting the 
notification for filing that complies with paragraph (c)(2)(ii) of this 
section. The applicant, however, must first certify that the following 
conditions are satisfied:

[[Page 184]]

    (1) The frequency coordination procedures of Sec.  25.203 have been 
successfully completed;
    (2) The antenna structure has been previously studied by the Federal 
Aviation Administration and determined to pose no hazard to aviation 
safety as required by subpart B of part 17 of this chapter; or the 
antenna or tower structure does not exceed 6.1 meters above ground level 
or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;
    (3) The grant of the application(s) does not require a waiver of the 
Commission's rules (with the exception of a request for waiver 
pertaining to fees);
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec.  1.1307 of this 
chapter after complying with any applicable environmental notification 
procedures specified in Sec.  17.4(c) of this chapter.
    (5) The station site does not lie within 56.3 kilometers of any 
international border or within a radio ``Quiet Zone'' identified in 
Sec.  1.924 of this chapter; and
    (6) The filed application is consistent with the proposal that was 
coordinated pursuant to Sec.  25.251.
    (B) Conditional authority ceases immediately if the Schedule B is 
returned by the Commission because it is not accepted for filing.
    (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) 
and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of 
the Schedule B notification with the station records. Conditional 
authorization does not prejudice any action the Commission may take on 
the subject application(s) or the Schedule B notifications.
    (D) Conditional authority is accepted with the express understanding 
that such authority may be modified or cancelled by the Commission at 
any time without hearing if, in the Commission's discretion, the need 
for such action arises. An applicant operating pursuant to this 
conditional authority assumes all risks associated with such operation, 
the termination or modification of the conditional authority, or the 
subsequent dismissal or denial of its application(s).
    (E) The copy of the Schedule B notification form must be posted at 
each station operating pursuant to this section.
    (vii) Period of construction. Construction of each earth station 
must be completed and the station must be brought into regular operation 
within twelve months from the date that action is taken to authorize 
that station to operate under the lead authorization, except as may be 
otherwise determined by the Commission for any particular application.
    (3) Networks of earth stations operating in the 18.3-18.8 GHz, 19.7-
20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz bands with U.S.-licensed or 
non-U.S.-licensed satellites for domestic or international services.
    (i) Applications to license networks of earth stations that will 
transmit digitally modulated signals to GSO space stations in the 28.35-
28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating authority 
must be filed on FCC Form 312, or Form 312EZ if available, with a 
Schedule B for each large (5 meters or larger) hub station antenna and 
each representative type of small antenna (less than 5 meters) operating 
within the network and may be routinely processed if the criteria in 
paragraphs (c)(3)(i)(A) and (B) of this section are met:
    (A) The applicant certifies pursuant to Sec.  25.132(a)(1) that the 
off-axis gain of transmitting antennas in the network will not exceed 
the relevant levels specified in Sec.  25.209(a) and (b) and the power 
spectral density of any digitally modulated carrier into any 
transmitting earth station antenna in the proposed network will not 
exceed 3.5 dBW/MHz as specified in Sec.  25.212(e).
    (B) The application includes information filed pursuant to paragraph 
(g)(1) of this section indicating that off-axis EIRP density from the 
proposed earth stations will not exceed relevant routine levels 
specified in Sec.  25.138(a).
    (ii) Applications to license networks of earth stations operating in 
the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating 
authority that do not meet the requirements of Sec.  25.212(e) or Sec.  
25.138(a) must comply with the requirements in Sec.  25.220 and

[[Page 185]]

must be filed on FCC Form 312 with a Schedule B for each large (5 meters 
or larger) hub station antenna and each representative type of small 
antenna (less than 5 meters) operating within the network.
    (d) Mobile-Satellite Service user transceivers need not be 
individually licensed. Service vendors may file blanket applications for 
such transceivers using FCC Form 312, Main Form and Schedule B, 
specifying the number of units to be covered by the blanket license. A 
blanket license application for 1.5/1.6 GHz MSS user transceivers must 
include an explanation of how the applicant will comply with the 
priority and preemptive access requirements in Sec.  25.287.
    (e) License applications for earth station operation in any portion 
of the 18.3-20.2 GHz and 28.35-30.0 GHz bands not filed on FCC Form 
312EZ pursuant to paragraph (a)(2) of this section must be filed on FCC 
Form 312, Main Form and Schedule B, and must include any information 
required by paragraph (g) or (j) of this section or by Sec.  25.130. An 
applicant may request authority for operation of GSO FSS earth stations 
in the conventional Ka-band, or for operation of NGSO FSS earth stations 
in the 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 (Earth-to-space) 
bands, without specifying the location of user terminals but must 
specify the geographic area(s) in which they will operate and the 
location of hub and/or gateway stations.
    (f) User transceivers in the non-geostationary satellite orbit 
Fixed-Satellite Service in the 11.7-12.2 GHz, 12.2-12.7 GHz and 14.0-
14.5 GHz bands need not be individually licensed. Applications for 
blanket authority to operate transceiver units may be filed using FCC 
Form 312, Main Form and Schedule B. Each application for a blanket 
license under this section shall include the information described in 
Sec.  25.146. Any earth stations that are not user transceivers, and 
which transmit in the non-geostationary satellite orbit Fixed-Satellite 
Service in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, and 
13.75-14.0 GHz bands must be individually licensed, pursuant to 
paragraph (a) of this section.
    (g) Applications for earth stations that will transmit to GSO space 
stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-
25.25 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz bands must include, in 
addition to the particulars of operation identified on FCC Form 312 and 
associated Schedule B, the information specified in either paragraph 
(g)(1) or (g)(2) of this section for each earth station antenna type.
    (1) Specification of off-axis EIRP density calculated from 
measurements made consistent with the requirements in Sec.  
25.132(b)(1), in accordance with the following requirements. For 
purposes of this rule, the ``off-axis angle'' is the angle in degrees 
from a line between an earth station antenna and the target satellite.
    (i) A plot of maximum co-polarized EIRP density in the plane tangent 
to the GSO arc at off-axis angles from minus 180[deg] to plus 180[deg];
    (ii) A plot of maximum co-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 10[deg] to plus 
10[deg];
    (iii) A plot of maximum co-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from 0[deg] to plus 
30[deg];
    (iv) A plot of maximum cross-polarized EIRP density in the plane 
tangent to the GSO arc at off-axis angles from minus 7[deg] to plus 
7[deg];
    (v) A plot of maximum cross-polarized EIRP density in the plane 
perpendicular to the GSO arc at off-axis angles from minus 7[deg] to 
plus 7[deg];
    (vi) For antennas for which gain measurements are made pursuant to 
Sec.  25.132(b)(1)(iv), the EIRP density plots specified in paragraphs 
(g)(1)(i) through (v) of this section must be provided over the 
specified angular ranges in two orthogonal planes, one of which is 
tangent to the GSO arc and with the antenna operating at its maximum 
skew angle, which the applicant must specify.
    (vii) The relevant off-axis EIRP density envelopes in Sec.  25.138, 
Sec.  25.218, Sec.  25.221, Sec.  25.222, Sec.  25.223, Sec.  25.226, or 
Sec.  25.227 must be superimposed on plots submitted pursuant to 
paragraphs (g)(1)(i) through (vi) of this section.

[[Page 186]]

    (viii) The showing must include a supplemental table for each off-
axis angular range in which the relevant EIRP density envelope will be 
exceeded, specifying angular coordinates in degrees off-axis and 
corresponding calculated off-axis EIRP density at 0.2[deg] increments 
over the angular range in which the routine envelope will be exceeded 
and one degree on each side of that range.
    (2) An applicant that certifies pursuant to Sec.  25.132(a)(1) that 
a proposed antenna's measured gain pattern conforms to relevant 
standards in Sec.  25.209(a) and (b) and that input power density to the 
antenna will not exceed the relevant limit in Sec.  25.211 or Sec.  
25.212 need not provide a showing pursuant to paragraph (g)(1) of this 
section for operation with that antenna.
    (h) [Reserved]
    (i) An earth station applicant filing an application for a blanket-
licensed earth station network made up of FSS earth stations and 
planning to use a contention protocol must include in its application a 
certification that its contention protocol usage will be reasonable.
    (j) An application for a new fixed earth station or modification 
involving alteration of the overall height of one or more existing earth 
station antenna structures must include the FCC Antenna Structure 
Registration Number(s) for the antenna structure(s), if assigned. If no 
such number has been assigned, the application must state whether prior 
FAA notification is required by part 17 of this chapter and, if so, 
whether the applicant or owner of the structure has notified the FAA of 
the proposed construction or alteration and applied for an Antenna 
Structure Registration Number in accordance with part 17 of this 
chapter. Applicants who maintain that prior FAA notification is not 
required for construction or alteration of a structure with overall 
height more than 6.1 meters above ground level must explain in the 
application why such prior notification is not required.
    (k)(1) Applicants for FSS earth stations that qualify for routine 
processing in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz 
band, including ESV applications filed pursuant to Sec.  25.222(a)(1) or 
(a)(3), VMES applications filed pursuant to Sec.  25.226(a)(1) or 
(a)(3), and ESAA applications filed pursuant to Sec.  25.227(a)(1) or 
(a)(3), may designate the Permitted Space Station List as a point of 
communication. Once such an application is granted, the earth station 
operator may communicate with any space station on the Permitted Space 
Station List, provided that the operation is consistent with the 
technical parameters and conditions in the earth station license and any 
limitations placed on the space station authorization or noted in the 
Permitted Space Station List.
    (2) Notwithstanding paragraph (k)(1) of this section, the operator 
of an earth station that qualifies for routine processing in the 
conventional Ka-band may not communicate with a space station on the 
Permitted Space Station List in the 18.3-18.8 GHz or 19.7-20.2 GHz band 
until the space station operator has completed coordination under 
Footnote US334 to Sec.  2.106 of this chapter.

[62 FR 5928, Feb. 10, 1997]

    Editorial Note: For Federal Register citations affecting Sec.  
25.115, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  25.116  Amendments to applications.

    (a) Unless otherwise specified, any pending application may be 
amended until designated for hearing, a public notice is issued stating 
that a substantive disposition of the application is to be considered at 
a forthcoming Commission meeting, or a final order disposing of the 
matter is adopted by the Commission.
    (b) Major amendments submitted pursuant to paragraph (a) of this 
section are subject to the public notice requirements of Sec.  25.151. 
An amendment will be deemed to be a major amendment under the following 
circumstances:
    (1) If the amendment increases the potential for interference, or 
changes the proposed frequencies or orbital locations to be used.
    (2) If the amendment would convert the proposal into an action that 
may

[[Page 187]]

have a significant environmental effect under Sec.  1.1307 of this 
chapter.
    (3) [Reserved]
    (4) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act.
    (5) Amendments to ``defective'' space station applications, within 
the meaning of Sec.  25.112 will not be considered.
    (c) Any application for an NGSO-like satellite license within the 
meaning of Sec.  25.157 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section) after a ``cut-off'' date applicable to 
the application, except under the following circumstances:
    (1) The amendment resolves frequency conflicts with authorized 
stations or other pending applications but does not create new or 
increased frequency conflicts;
    (2) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest and, for which a 
requested exemption from a ``cut-off'' date is granted;
    (3) The amendment corrects typographical, transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts; or
    (4) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing.
    (d) Any application for a GSO-like satellite license within the 
meaning of Sec.  25.158 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section), and will cause the application to lose 
its status relative to later-filed applications in the ``queue'' as 
described in Sec.  25.158.
    (e) Any amendment to an application shall be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. 
Amendments to space station applications must be filed on Form 312 and 
Schedule S. Amendments to earth station applications must be filed on 
Form 312 and Schedule B.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51503, Aug. 27, 2003; 69 
FR 47794, Aug. 6, 2004; 78 FR 8421, Feb. 6, 2013]



Sec.  25.117  Modification of station license.

    (a) Except as provided for in Sec.  25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission.
    (b) Both earth station and space station modification applications 
must be filed electronically through the International Bureau Filing 
System (IBFS) in accordance with the applicable provisions of part 1, 
subpart Y of this chapter.
    (c) Applications for modification of earth station authorizations 
must be submitted on FCC Form 312, Main Form and Schedule B. 
Applications for modification of space station authorizations must be 
submitted on FCC Form 312, Main Form and Schedule S. Only those items 
that change need to be specified, provided that the applicant certifies 
that the remaining information has not changed.
    (d)(1) Except as set forth in Sec.  25.118(e), applications for 
modifications of space station authorizations shall be filed in 
accordance with Sec.  25.114, but only those items of information listed 
in Sec.  25.114 that change need to be submitted, provided the applicant 
certifies that the remaining information has not changed.
    (2) Applications for modifications of space station authorizations 
will be granted except under the following circumstances:
    (i) Granting the modification would make the applicant unqualified 
to operate a space station under the Commission's rules.
    (ii) Granting the modification request would not serve the public 
interest, convenience, and necessity.
    (iii) Except as set forth in paragraph (d)(2)(iv) of this section, 
applications for modifications of GSO-like space

[[Page 188]]

station authorizations granted pursuant to the procedure set forth in 
Sec.  25.158, which seek to relocate a GSO satellite or add a frequency 
band to the authorization, will be placed in a queue pursuant to Sec.  
25.158 and considered only after previously filed space station license 
applications or space station modification applications have been 
considered.
    (iv) Applications for modifications of space station authorizations 
to increase the authorized bandwidth will not be considered in cases in 
which the original space station authorization was granted pursuant to 
the procedures set forth in Sec.  25.157(e) or Sec.  25.158(c)(4).
    (v) Any 17/24 GHz BSS space station operator whose license is 
conditioned to operate at less than the power level otherwise permitted 
by Sec.  25.208(c) and/or (w) of this part, and is conditioned to accept 
interference from a neighboring 17/24 GHz BSS space station, may file a 
modification application to remove those two conditions in the event 
that the license for that neighboring space station is cancelled or 
surrendered. In the event that two or more such modification 
applications are filed, and those applications are mutually exclusive, 
the modification applications will be considered on a first-come, first-
served basis pursuant to the procedure set forth in Sec.  25.158 of this 
part.
    (3) In the event that a space station licensee provides notification 
of a planned license modification pursuant to Sec.  25.118(e), and the 
Commission finds that the proposed modification does not meet the 
requirements of Sec.  25.118(e), the Commission will issue a public 
notice announcing that the proposed license modification will be 
considered pursuant to the procedure specified in paragraphs (d)(1) and 
(d)(2) of this section.
    (e) Any application for modification of authorization to extend a 
required date of completion, as set forth in Sec.  25.133 for earth 
station authorizations or Sec.  25.164 for space stations, or included 
as a condition of any earth station or space station authorization, must 
include a verified statement from the applicant:
    (1) That states that the additional time is required due to 
unforeseeable circumstances beyond the applicant's control, describes 
these circumstances with specificity, and justifies the precise 
extension period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period (f) An application for modification 
of a space station license to add an ancillary terrestrial component to 
an eligible satellite network will be treated as a request for a minor 
modification if the particulars of operations provided by the applicant 
comply with the criteria specified in Sec.  25.149. Notwithstanding the 
treatment of such an application as a minor modification, the Commission 
shall place any initial application for the modification of a space 
station license to add an ancillary terrestrial component on notice for 
public comment. Except as provided for in Sec.  25.149(f), no 
application for authority to add an ancillary terrestrial component to 
an eligible satellite network shall be granted until the applicant has 
demonstrated actual compliance with the criteria specified in Sec.  
25.149(b).
    (g) In cases where an earth station licensee proposes additional 
transmitters, facilities, or modifications, the resulting transmissions 
of which can reasonably be expected to cause the power density to exceed 
the RF exposure limits specified in part 1, subpart I of this chapter by 
five percent, the licensee must submit an environmental assessment 
pursuant to Sec.  1.1307(b)(3)(i) of this chapter as an attachment to 
its modification application.
    (h) Unless otherwise ordered by the Commission, an application for 
any of the following kinds of modification of the operation of a GSO 
space station will be deemed granted 35 days after the date of the 
public notice that the application has been accepted for filing, 
provided no objection is filed during the 30-day notice period and the 
application does not propose a change that would be inconsistent with a 
Commission rule or require modification of the BSS plan in Appendix 30 
or the associated feeder-link Plan in Appendix 30A of the ITU Radio 
Regulations (both incorporated by reference, see Sec.  25.108).

[[Page 189]]

    (1) Relocation of a DBS or GSO FSS space station by no more than 
0.15[deg] from the initially authorized orbital location, provided the 
application includes a signed certification that:
    (i) The space station operator has assessed and limited the 
probability of the satellite becoming a source of debris as a result of 
collisions with large debris or other operational satellites at the new 
orbital location; and
    (ii) The proposed station-keeping volume of the satellite following 
relocation will not overlap a station-keeping volume reasonably expected 
to be occupied by any other satellite, including those authorized by the 
Commission, applied for and pending before the Commission, or otherwise 
the subject of an ITU filing and either in orbit or progressing towards 
launch.
    (2) Repositioning one or more antenna beams by no more than 0.3 
angular degrees from a line between the space station and the initially 
authorized boresight location(s).

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5928, Feb. 10, 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, Aug. 12, 
2003; 68 FR 51503, Aug. 27, 2003; 68 FR 62248, Nov. 3, 2003; 68 FR 
63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, 
2005; 72 FR 60279, Oct. 24, 2007; 78 FR 8421, Feb. 6, 2013; 81 FR 55328, 
Aug. 18, 2016]



Sec.  25.118  Modifications not requiring prior authorization.

    (a) Earth station modifications, notification required. Earth 
station licensees may make the following modifications without prior 
Commission authorization, provided they notify the Commission, using FCC 
Form 312 and Schedule B, within 30 days of the modification. The 
notification must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable provisions 
of part 1, subpart Y of this chapter.
    (1) Blanket-licensed earth station operators may add remote 
terminals operating on a primary basis without prior authorization, 
provided they have complied with all applicable frequency coordination 
procedures in accordance with Sec.  25.251.
    (2) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
FCC Form 312 within 30 days after the completed change to common carrier 
status.
    (3) An earth station operator may change a point of communication 
without prior authorization, provided the operator does not repoint the 
earth station's antenna beyond any coordinated range; and
    (i) The change results from a space station relocation described in 
paragraph (e) of this section, or
    (ii) The new point of communication is a replacement GSO space 
station within 0.15[deg] of orbital longitude of 
the same location, with authority to serve the U.S., and the change does 
not entail any increase in the earth station's EIRP or EIRP density.
    (4) Licensees may make other changes to their authorized earth 
stations without prior authority from the Commission, provided the 
modification does not involve:
    (i) An increase in EIRP or EIRP density (either main lobe or off-
axis);
    (ii) Additional operating frequencies;
    (iii) A change in polarization;
    (iv) An increase in antenna height;
    (v) Antenna repointing beyond any coordinated range or
    (vi) A change from the originally authorized coordinates of more 
than 1 second in latitude or longitude for stations operating in 
frequency bands shared with terrestrial systems or more than 10 seconds 
of latitude or longitude for stations operating in frequency bands not 
shared with terrestrial systems.
    (b) Earth station modifications, notification not required. 
Notwithstanding paragraph (a) of this section, equipment in an 
authorized earth station may be replaced without prior authorization and 
without notifying the Commission if the new equipment is electrically 
identical to the existing equipment.
    (c)-(d) [Reserved]
    (e) Relocation of GSO space stations. A space station licensee may 
relocate a GSO space station without prior authorization, but upon 30 
days prior notice to the Commission and any potentially affected 
licensed spectrum user, provided that the operator meets the

[[Page 190]]

following requirements. The notification must be filed electronically on 
FCC Form 312 through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter:
    (1) The space station will be relocated to a position within 0.15[deg] of an orbital location assigned to the same 
licensee.
    (2) The licensee certifies that the space station will operate after 
the relocation within the technical parameters authorized and 
coordinated for the space station previously assigned to that location.
    (3) The licensee certifies that it will comply with all the 
conditions of its license for operation at the changed location.
    (4) The licensee certifies that it will limit operations of the 
space station to tracking, telemetry, and command functions during the 
relocation and satellite drift transition period.
    (5) The licensee certifies that:
    (i) It has assessed and limited the probability of the satellite 
becoming a source of debris as a result of collisions with large debris 
or other operational satellites at the new orbital location; and
    (ii) The proposed station-keeping volume of the satellite following 
relocation will not overlap a station-keeping volume reasonably expected 
to be occupied by any other satellite, including those authorized by the 
Commission, applied for and pending before the Commission, or otherwise 
the subject of an ITU filing and either in orbit or progressing towards 
launch.
    (6) The licensee certifies that the relocation will not result in a 
lapse of service for any current customer.
    (7) If the space station to be relocated is a DBS space station, the 
licensee certifies that there will be no increase in interference due to 
the operations of the relocated space station that would require the 
Commission to submit a proposed modification to the ITU Appendix 30 
Broadcasting-Satellite Service Plan and/or the Appendix 30A feeder-link 
Plan (both incorporated by reference, see Sec.  25.108) to the ITU 
Radiocommunication Bureau. A DBS licensee that meets this certification 
requirement is not subject to the requirements in paragraph (e)(2) of 
this section.
    (8) If the space station to be relocated is a DBS space station, the 
licensee certifies that it will meet the geographic service requirements 
in Sec.  25.148(c) after the relocation.
    (f) Repositioning of NGSO space stations. A licensee may reposition 
NGSO space stations within an authorized orbital plane without prior 
Commission approval, provided the licensee notifies the Commission of 
the repositioning 10 days in advance by electronic filing on Form 312 in 
the International Bureau Filing System. The notification must specify 
all changes in previously authorized parameters and must certify the 
following:
    (1) The licensee will continue to comply with the conditions of the 
space station license and all applicable Commission rules, including 
geographic coverage requirements, after the repositioning;
    (2) The repositioning will not increase risk of harmful interference 
to other systems not permitted by coordination agreements;
    (3) The licensee will not request increased interference protection 
because of the repositioning;
    (4) The licensee will monitor collision risk during the maneuver and 
take any necessary evasive measures.
    (5) Any change of orbital altitude entailed by the repositioning 
will not exceed 10 kilometers in extent or 30 days in duration and the 
licensee has notified, or will notify, the operator(s) of any satellite 
within 20 kilometers of the interim orbit at least 10 days before 
commencing the repositioning maneuver.

[62 FR 5928, Feb. 10, 1997, as amended at 68 FR 62248, Nov. 3, 2003; 68 
FR 63999, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, 
2005; 79 FR 8317, Feb. 12, 2014; 81 FR 55329, Aug. 18, 2016]



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

    (a) You must file an application for Commission authorization before 
you can transfer, assign, dispose of (voluntarily or involuntarily, 
directly or indirectly, or by transfer of control of any corporation or 
any other entity)

[[Page 191]]

your construction permit or station license, or accompanying rights, 
except as provided in paragraph (h) of this section. The Commission will 
grant your application only if it finds that doing so will serve the 
public interest, convenience, and necessity.
    (b) For purposes of this section, transfers of control requiring 
Commission approval shall include any and all transactions that:
    (1) Change the party controlling the affairs of the licensee, or
    (2) Effect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership.
    (c) Assignment of license. You must submit an FCC Form 312, Main 
Form and Schedule A to voluntarily assign (e.g., as by contract or other 
agreement) or involuntarily assign (e.g., as by death, bankruptcy, or 
legal disability) your station authorization. You must file these forms 
electronically through IBFS.
    (d) Transfer of control of corporation holding license. If you want 
to transfer control of a corporation, which holds one or more licenses 
voluntarily or involuntarily (de jure or de facto), you must submit an 
FCC Form 312, Main Form and Schedule A. You must file these forms 
electronically through IBFS. For involuntary transfers, you must file 
your application within 10 days of the event causing the transfer of 
control. You can also use FCC Form 312, Main Form and Schedule A for 
non-substantial (pro forma) transfers of control.
    (e) Whenever a group of station licenses in the same radio service 
for the same class of facility licensed to the same entity is to be 
assigned or transferred to a single assignee or transferee, a single 
application may be filed to cover the entire group, if the application 
identifies in an exhibit each station by call sign, station location and 
expiration date of license.
    (f) Assignments and transfers of control shall be completed within 
180 days from the date of authorization. Within 30 days of consummation, 
the Commission shall be notified by letter of the date of consummation 
and the file numbers of the applications involved in the transaction.
    (g) The Commission retains discretion in reviewing assignments and 
transfers of control of space station licenses to determine whether the 
initial license was obtained in good faith with the intent to construct 
a satellite system.
    (h) Pro forma transactions involving a telecommunications carrier. 
You do not need prior Commission approval for a non-substantial (pro 
forma) transfer of control or assignment of license involving a 
telecommunications carrier, as defined in 47 U.S.C. 153(51). However, 
the pro forma transferee or assignee must file a notification with the 
Commission no later than 30 days after the transfer or assignment is 
completed. The notification must be filed on FCC Form 312, Main Form and 
Schedule A and must contain a certification that the transfer of control 
or assignment was pro forma and that, together with all previous pro 
forma transactions, it did not result in a change in the actual 
controlling party.
    (i) Pro forma transactions not involving a telecommunications 
carrier. A complete application for Commission approval of a non-
substantial (pro forma) transfer of control or assignment of license not 
involving a telecommunications carrier, as defined in 47 U.S.C. 153(51), 
will be deemed granted one business day after filing, provided that:
    (1) Approval does not require a waiver of, or a declaratory ruling 
pertaining to, any applicable Commission rule; and
    (2) The application includes a certification that the proposed 
transfer of control or assignment is pro forma and that, together with 
all previous pro forma transactions, it would not result in a change in 
the actual controlling party.
    (j) Receive-only earth station registrations. You do not need prior 
Commission approval for a transfer of control or assignment of a 
receive-only earth station registration. For all such transactions other 
than non-substantial (pro forma) transfers of control, the transferee or 
assignee must file a notification with the Commission on FCC Form 312, 
Main Form and Schedule A no later than 30 days after the transfer

[[Page 192]]

or assignment is completed. No notification is required for a pro forma 
transfer of control of a receive-only earth station registrant.

[56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and 
amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, 2003; 
69 FR 29901, May 26, 2004; 78 FR 8421, Feb. 6, 2013; 79 FR 51264, Aug. 
28, 2014; 81 FR 55329, Aug. 18, 2016]



Sec.  25.120  Application for special temporary authorization.

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

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



Sec.  25.121  License term and renewals.

    (a) License Term. (1) Except for licenses for DBS space stations, 
SDARS space stations and terrestrial repeaters, and 17/24 GHz BSS space 
stations licensed as broadcast facilities, licenses for facilities 
governed by this

[[Page 193]]

part will be issued for a period of 15 years.
    (2) Licenses for DBS space stations and 17/24 GHz BSS space stations 
licensed as broadcast facilities, and for SDARS space stations and 
terrestrial repeaters, will be issued for a period of 8 years. Licenses 
for DBS space stations not licensed as broadcast facilities will be 
issued for a period of 10 years.
    (b) The Commission reserves the right to grant or renew station 
licenses for less than 15 years if, in its judgment, the public 
interest, convenience and necessity will be served by such action.
    (c) For earth stations, the license term will be specified in the 
instrument of authorization.
    (d) Space stations. (1) For geostationary-orbit space stations, the 
license term will begin at 3 a.m. Eastern Time on the date when the 
licensee notifies the Commission pursuant to Sec.  25.173(b) that the 
space station has been successfully placed into orbit at its assigned 
orbital location and that its operations conform to the terms and 
conditions of the space station authorization.
    (2) For non-geostationary orbit space stations, the license period 
will begin at 3 a.m. Eastern Time on the date when the licensee notifies 
the Commission pursuant to Sec.  25.173(b) that operation of an initial 
space station is compliant with the license terms and conditions and 
that the space station has been placed in its authorized orbit. 
Operating authority for all space stations subsequently brought into 
service pursuant to the license will terminate upon its expiration.
    (e) Renewal of licenses. Applications for renewals of earth station 
licenses must be submitted on FCC Form 312R no earlier than 90 days, and 
no later than 30 days, before the expiration date of the license. 
Applications for space station system replacement authorization for non-
geostationary orbit satellites shall be filed no earlier than 90 days, 
and no later than 30 days, prior to the end of the twelfth year of the 
existing license term.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994. Redesignated and amended at 62 FR 5928, 5929, 
Feb. 10, 1997; 65 FR 59142, Oct. 4, 2000; 67 FR 12485, Mar. 19, 2002; 67 
FR 51113, Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR 63999, Nov. 
12, 2003; 72 FR 50027, Aug. 29, 2007; 75 FR 45067, Aug. 2, 2010; 79 FR 
8317, Feb. 12, 2014]



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

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

[69 FR 5709, Feb. 6, 2004, as amended at 79 FR 8317, Feb. 12, 2014; 81 
FR 55330, Aug. 18, 2016]

[[Page 194]]

                             Earth Stations



Sec.  25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, and associated Schedule B, 
accompanied by any required exhibits, except for those earth station 
applications filed on FCC Form 312EZ pursuant to Sec.  25.115(a). All 
such earth station license applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. 
Additional filing requirements for Earth Stations on Vessels are 
described in Sec. Sec.  25.221 and 25.222. Additional filing 
requirements for Vehicle-Mounted Earth Stations are described in Sec.  
25.226. Additional filing requirements for Earth Stations Aboard 
Aircraft are described in Sec.  25.227. In addition, applicants that are 
not required to submit applications on Form 312EZ, other than ESV, VMES 
or ESAA applicants, must submit the following information to be used as 
an ``informative'' in the public notice issued under Sec.  25.151 as an 
attachment to their application:
    (1) A detailed description of the service to be provided, including 
frequency bands and satellites to be used. The applicant must identify 
either the specific satellite(s) with which it plans to operate, or the 
eastern and western boundaries of the arc it plans to coordinate.
    (2) The diameter or equivalent diameter of the antenna.
    (3) Proposed power and power density levels.
    (4) Identification of any random access technique, if applicable.
    (5) Identification of a specific rule or rules for which a waiver is 
requested.
    (b) A frequency coordination analysis in accordance with Sec.  
25.203(b) must be provided for earth stations transmitting in the 
frequency bands shared with equal rights between terrestrial and space 
services, except applications for user transceiver units associated with 
the NVNG MSS, which must instead provide the information required by 
Sec.  25.135, and applications for 1.6/2.4 GHz MSS user transceivers, 
which must demonstrate that the transceivers will operate in compliance 
with relevant requirements in Sec.  25.213. Also, applications for 
transmitting earth stations must include any notification or 
demonstration required by any other relevant provision in Sec.  25.203.
    (c) In those cases where an applicant is filing a number of 
essentially similar applications, showings of a general nature 
applicable to all of the proposed stations may be submitted in the 
initial application and incorporated by reference in subsequent 
applications.
    (d) Transmissions of signals or programming to non-U.S. licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. The Commission will maintain 
public information on the status of any such agreements.
    (e) [Reserved]
    (f) Applicants seeking to operate in a shared government/non-
government band must provide the half-power beam width of their proposed 
earth station antenna, as an attachment to their applications.
    (g) Parties may apply, either in an initial application or an 
application for modification of license, for operating authority for 
multiple transmitting FSS earth stations that are not eligible for 
blanket or network licensing under another section of this part in the 
following circumstances:
    (1) The antennas would transmit in frequency bands shared with 
terrestrial services on a co-primary basis and the antennas would be 
sited within an area bounded by 1 second of latitude and 1 second of 
longitude.
    (2) The antennas would transmit in frequency bands allocated to FSS 
on a primary basis and there is no co-primary allocation for terrestrial 
services, and the antennas would be sited within an area bounded by 10 
seconds of latitude and 10 seconds of longitude.

    Note to paragraph (g): This paragraph does not apply to applications 
for blanket-licensed earth station networks filed pursuant to Sec.  
25.115(c) or Sec.  25.218; applications for conventional Ka-band hub 
stations filed pursuant to Sec.  25.115(e); applications for NGSO FSS 
gateway earth stations filed pursuant to Sec.  25.115(f); applications 
filed pursuant to

[[Page 195]]

Sec. Sec.  25.221, Sec.  25.222, Sec.  25.226, or Sec.  25.227; or 
applications for 29 GHz NGSO MSS feeder-link stations in a complex as 
defined in Sec.  25.257.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. 12, 
1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 69 FR 29901, 
May 26, 2004; 69 FR 47795, Aug. 6, 2004; 70 FR 4783, Jan. 31, 2005; 70 
FR 32253, June 2, 2005; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, Mar. 8, 
2013; 79 FR 8317, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016]



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

    (a) Except as provided in paragraphs (b) and (j) of this section, 
applications for licenses for receive-only earth stations shall be 
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any 
required exhibits and the information described in Sec.  25.130(a)(1) 
through (a)(5). Such applications must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    (b) Receive-only earth stations in the FSS that operate with U.S.-
licensed space stations, or with non-U.S.-licensed space stations that 
have been duly approved for U.S. market access, may be registered with 
the Commission in order to protect them from interference from 
terrestrial microwave stations in bands shared co-equally with the Fixed 
Service in accordance with the procedures of Sec. Sec.  25.203 and 
25.251, subject to the stricture in Sec.  25.209(c).
    (c) Licensing or registration of receive-only earth stations with 
the Commission confers no authority to receive and use signals or 
programming received from satellites. See section 705 of the 
Communications Act. 47 U.S.C. 605.
    (d) Applications for registration must be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by Sec.  25.203 and any other required exhibits.
    (e) Complete applications for registration will be placed on public 
notice for 30 days and automatically granted if no objection is 
submitted to the Commission and served on the applicant. Additional 
pleadings are authorized in accordance with Sec.  1.45 of this chapter.
    (f) The registration of a receive-only earth station results in the 
listing of an authorized frequency band at the location specified in the 
registration. Interference protection levels are those agreed to during 
coordination.
    (g) Reception of signals or programming from non-U.S. satellites may 
be subject to restrictions as a result of international agreements or 
treaties. The Commission will maintain public information on the status 
of any such agreements.
    (h) Registration term: Registrations for receive-only earth stations 
governed by this section will be issued for a period of 15 years from 
the date on which the application was filed. Applications for renewals 
of registrations must be submitted on FCC Form 312R (Application for 
Renewal of Radio Station License in Specified Services) no earlier than 
90 days and no later than 30 days before the expiration date of the 
registration.
    (i) Applications for modification of license or registration of 
receive-only earth stations shall be made in conformance with Sec. Sec.  
25.117 and 25.118. In addition, registrants are required to notify the 
Commission when a receive-only earth station is no longer operational or 
when it has not been used to provide any service during any 6-month 
period.
    (j)(1) Except as set forth in paragraph (j)(2) of this section, 
receive-only earth stations operating with non-U.S. licensed space 
stations shall file an FCC Form 312 requesting a license or modification 
to operate such station.
    (2) Operators of receive-only earth stations need not apply for a 
license to receive transmissions from non-U.S.-licensed space stations 
that have been duly approved for U.S. market access, provided the space 
station operator and earth station operator comply with all applicable 
rules in this chapter and

[[Page 196]]

with applicable conditions in the Permitted Space Station List or 
market-access grant.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 65 FR 58466, Sept. 
29, 2000; 67 FR 12485, Mar. 19, 2002; 68 FR 62249, Nov. 3, 2003; 68 FR 
63999, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47795, Aug. 6, 
2004; 70 FR 32253, June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR 8318, 
Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016]



Sec.  25.132  Verification of earth station antenna performance.

    (a)(1) Except as provided in paragraph (a)(2) of this section, 
applications for transmitting earth stations in the FSS, including 
feeder-link stations, must include a certification that the applicant 
has reviewed the results of a series of radiation pattern tests 
performed by the antenna manufacturer on representative equipment in 
representative configurations, and the test results demonstrate that the 
equipment meets relevant off-axis gain standards in Sec.  25.209, 
measured in accordance with paragraph (b)(1) of this section. Applicants 
and licensees must be prepared to submit the radiation pattern 
measurements to the Commission on request.
    (2) Applicants that specify off-axis EIRP density pursuant to Sec.  
25.115(g)(1) are exempt from the certification requirement in paragraph 
(a)(1) of this section.
    (b)(1) For purposes of paragraph (a)(1) of this section and Sec.  
25.115(g)(1), the following measurements on a production antenna 
performed on calibrated antenna range must be made at the top and bottom 
of each frequency band assigned for uplink transmission:
    (i)(A) Co-polarized gain in the azimuth plane must be measured 
across a range extending to 180[deg] on each side of the main-lobe axis, 
and the measurements must be represented in two plots: one across the 
entire angular range of 180[deg] from the main-
lobe axis and the other across 10[deg] from the 
main-lobe axis.
    (B) Co-polarized gain must be measured from 0[deg] to 30[deg] from 
beam peak in the elevation plane.
    (ii) Cross-polarization gain must be measured across a range of plus 
and minus 7[deg] from beam peak in the azimuth and elevation planes.
    (iii) Main beam gain.
    (iv) For antennas with asymmetric apertures or beams, where the 
minor axis of the antenna beam (major axis of the antenna aperture) will 
not always be aligned parallel to the plane tangent to the GSO arc, the 
measurements in paragraphs (b)(1)(i) through (iii) of this section must 
be made over the angular ranges specified in paragraphs (b)(1)(i)(A) and 
(B) of this section in two orthogonal planes, with the antenna oriented 
at the maximum skew angle at which it will operate.
    (2) The relevant envelope specified in Sec.  25.209 must be 
superimposed on each measured pattern.
    (c) The tests specified in paragraph (b) of this section are 
normally performed at the manufacturer's facility; but for those 
antennas that are very large and only assembled on-site, on-site 
measurements may be used for product qualification data. If on-site data 
is to be used for qualification, the test frequencies and number of 
patterns should follow, where possible, the recommendations in paragraph 
(b) of this section, and the test data is to be submitted in the same 
manner as described in paragraph (a) of this section.
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, except antennas subject to measurement under Sec.  25.138(d), 
the following on-site verification measurements must be completed at one 
frequency on an available transponder in each frequency band of interest 
and submitted to the Commission.
    (1) Co-polarized patterns in the elevation plane, plus and minus 7 
degrees, in the transmit band.
    (2) Co-polarized patterns in the azimuth and elevation planes, plus 
and minus 7 degrees, in the receive band.
    (3) System cross-polarization discrimination on-axis. The FCC 
envelope specified in Sec.  25.209 shall be superimposed on each 
pattern. The transmit patterns are to be measured with the aid of a co-
operating earth station in coordination with the satellite system 
control center under the provisions of Sec.  25.272.
    (e) Certification that the tests required by paragraph (c) of this 
section have been satisfactorily performed

[[Page 197]]

shall be provided to the Commission in notification that construction of 
the facilities has been completed as required by Sec.  25.133.
    (f) Antennas less than 3 meters in diameter and antennas on simple 
(manual) drive mounts that are operated at a fixed site are exempt from 
the requirements of paragraphs (c) and (d) of this section provided that 
a detailed technical showing is made that confirms proper installation, 
pointing procedures, and polarization alignment and manufacturing 
quality control. These showing must also include a plan for periodic 
testing and field installation procedures and precautions.
    (g) Records of the results of the tests required by this section 
must be maintained at the antenna site or the earth station operator's 
control center and be available for inspection.

[58 FR 13419, Mar. 11, 1993, as amended at 69 FR 5710, Feb. 6, 2004; 70 
FR 32253, June 2, 2005; 72 FR 50028, Aug. 29, 2007; 74 FR 47102, Sept. 
15, 2009; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, Mar. 8, 2013; 79 FR 
8318, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016]



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

    (a)(1) Each initial license for an earth station governed by this 
part, except for blanket licenses, will specify as a condition therein 
the period in which construction of facilities must be completed and 
station operation commenced. Construction of the earth station must be 
completed and the station must be brought into operation within 12 
months from the date of the license grant except as may be determined by 
the Commission for any particular application.
    (2) Operation of a network of earth stations at unspecified 
locations under an initial blanket license must commence within 12 
months from the date of the license grant unless the Commission orders 
otherwise.
    (b)(1) Each initial license for a transmitting earth station or 
modified license authorizing operation of an additional transmitting 
antenna, except for blanket licenses, will also specify as a condition 
therein that upon completion of construction, the licensee must file 
with the Commission a certification containing the following 
information:
    (i) The name of the licensee;
    (ii) File number of the application;
    (iii) Call sign of the antenna;
    (iv) Date of the license;
    (v) A certification that the facility as authorized has been 
completed and that each antenna has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels; and
    (vi) The date when the earth station became operational.
    (vii) A statement that the station will remain operational during 
the license period unless the license is submitted for cancellation.
    (2) For FSS earth stations authorized under a blanket license, the 
licensee must notify the Commission when the earth station network 
commences operation. The notification should include the information 
described in paragraphs (b)(1)(i) through (iv) of this section and a 
certification that each hub antenna, and a type of antenna used in 
remote stations in the network, has been tested and found to perform 
within authorized gain patterns or off-axis EIRP density levels. For any 
type of antenna whose performance was not certified when the network 
commenced operation, the licensee must submit the information and 
certification stated above for the antenna type when it is first 
deployed.
    (c) [Reserved]
    (d) Each receiving earth station licensed or registered pursuant to 
Sec.  25.131 must be constructed and placed into service within 6 months 
after coordination has been completed. Each licensee or registrant must 
file with the Commission a certification that the facility is completed 
and operating as provided in paragraph (b) of this section, with the 
exception of certification of antenna patterns.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, June 2, 
2005; 78 FR 8421, Feb. 6, 2013; 79 FR 8318, Feb. 12, 2014; 81 FR 55330, 
Aug. 18, 2016]

[[Page 198]]



Sec.  25.134  [Reserved]



Sec.  25.135  Licensing provisions for earth station networks in the
non-voice, non-geostationary Mobile-Satellite Service.

    (a) Each applicant for a blanket earth station license in the non-
voice, non-geostationary mobile-satellite service shall demonstrate that 
transceiver operations will not cause unacceptable interference to other 
authorized users of the spectrum, based on existing system information 
publicly available at the Commission at the time of filing, and will 
comply with operational conditions placed upon the systems with which 
they are to operate in accordance with Sec.  25.142(b). This 
demonstration shall include a showing as to all the technical 
parameters, including duty cycle and power limits, under which the 
individual user transceivers will operate.
    (b) [Reserved]
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S.-authorized space stations only.

[58 FR 68059, Dec. 23, 1993, as amended at 69 FR 5710, Feb. 6, 2004; 79 
FR 8319, Feb. 12, 2014]



Sec.  25.136  Earth Stations in the 27.5-28.35 GHz and 37.5-40 GHz bands.

    (a) FSS is secondary to the Upper Microwave Flexible Use Service in 
the 27.5-28.35 GHz band. Notwithstanding that secondary status, an earth 
station in the 27.5-28.35 GHz band that meets one of the criteria listed 
below may operate consistent with the terms of its authorization without 
providing any additional interference protection to stations in the 
Upper Microwave Flexible Use Service:
    (1) The FSS licensee also holds the relevant Upper Microwave 
Flexible Use Service license(s) for the area in which the earth station 
generates a power flux density (PFD), at 10 meters above ground level, 
of greater than or equal to -77.6 dBm/m\2\/MHz;
    (2) The FSS earth station was authorized prior to July 14, 2016; or
    (3) The application for the FSS earth station was filed prior to 
July 14, 2016 and has been subsequently granted; or
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the 27.5-28.35 GHz band within the county where the 
proposed earth station is located that meet the criteria contained in 
either paragraphs (a)(1), (2), (3), or (4) of this section. For purposes 
of this requirement, multiple earth stations that are collocated with or 
at a location contiguous to each other shall be considered as one earth 
station;
    (ii) The area in which the earth station generates a power flux 
density (PFD), at 10 meters above ground level, of greater than or equal 
to -77.6 dBm/m\2\/MHz, together with the similar area of any other earth 
station authorized pursuant to paragraph (a) of this section, does not 
cover, in the aggregate, more than 0.1 percent of the population of the 
county within which the earth station is located;
    (iii) The area in which the earth station generates a power flux 
density (PFD), at 10 meters above ground level, of greater than or equal 
to -77.6 dBm/m\2\/MHz does not contain any major event venue, arterial 
street, interstate or U.S. highway, urban mass transit route, passenger 
railroad, or cruise ship port; and
    (iv) The applicant has successfully completed frequency coordination 
with the UMFUS licensees within the area in which the earth station 
generates a power flux density (PFD), at 10 meters above ground level, 
of greater than or equal to -77.6 dBm/m\2\/MHz with respect to existing 
facilities constructed and in operation by the UMFUS licensee. In 
coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter.
    (b) Applications for earth stations in the 37.5-40 GHz band shall 
provide an exhibit describing the zone within which the earth station 
will require protection from transmissions of Upper Microwave Flexible 
Use Service licensees. For purposes of this rule, the protection zone 
shall consist of the area where UMFUS licensees may not locate 
facilities without the consent of the

[[Page 199]]

earth station licensee. The earth station applicant shall demonstrate in 
its application, using reasonable engineering methods, that the 
requested protection zone is necessary in order to protect its proposed 
earth station.
    (c) The protection zone (as defined in paragraph (b) of this 
section) shall comply with the following criteria. The applicant shall 
demonstrate compliance with all of the following criteria in its 
application:
    (1) There are no more than two other authorized earth stations 
operating in the 37.5-40 GHz band within the Partial Economic Area 
within which the proposed earth station is located that meet the 
criteria contained in paragraph (c) of this section. For purposes of 
this requirement, multiple earth stations that are collocated with or at 
a location contiguous to each other shall be considered as one earth 
station;
    (2) The protection zone, together with the protection zone of other 
earth stations in the same Partial Economic Area authorized pursuant to 
this section, does not cover, in the aggregate, more than 0.1 percent of 
the population of the Partial Economic Area within which the earth 
station is located;
    (3) The protection zone does not contain any major event venue, 
arterial street, interstate or U.S. highway, urban mass transit route, 
passenger railroad, or cruise ship port; and
    (4) The applicant has successfully completed frequency coordination 
with the UMFUS licensees within the protection zone with respect to 
existing facilities constructed and in operation by the UMFUS licensee. 
In coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter.
    (d) If an earth station applicant or licensee in the 27.5-28.35 GHz 
or 37. 5-40 GHz bands enters into an agreement with an UMFUS licensee, 
their operations shall be governed by that agreement, except to the 
extent that the agreement is inconsistent with the Commission's rules or 
the Communications Act.

[81 FR 79937, Nov. 14, 2016]



Sec.  25.137  Requests for U.S. market access through non-U.S.-licensed
space stations.

    (a) Earth station applicants requesting authority to communicate 
with a non-U.S.-licensed space station and entities filing a petition 
for declaratory ruling to access the United States market using a non-
U.S.-licensed space station must attach an exhibit with their FCC Form 
312 demonstrating that U.S.-licensed satellite systems have effective 
competitive opportunities to provide analogous services in:
    (1) The country in which the non-U.S. licensed space station is 
licensed; and
    (2) All countries in which communications with the U.S. earth 
station will originate or terminate. The applicant bears the burden of 
showing that there are no practical or legal constraints that limit or 
prevent access of the U.S. satellite system in the relevant foreign 
markets. The exhibit required by this paragraph must also include a 
statement of why grant of the application is in the public interest. 
This paragraph shall not apply with respect to requests for authority to 
operate using a non-U.S. licensed satellite that is licensed by or 
seeking a license from a country that is a member of the World Trade 
Organization for services covered under the World Trade Organization 
Basic Telecommunications Agreement.
    (b) Any request pursuant to paragraph (a) of this section must be 
filed electronically through the International Bureau Filing System and 
must include an exhibit providing legal and technical information for 
the non-U.S.-licensed space station of the kind that Sec.  25.114 would 
require in a license application for that space-station, including but 
not limited to, information required to complete Schedule S. An 
applicant may satisfy this requirement by cross-referencing a pending 
application containing the requisite information or by citing a prior 
grant of authority to communicate via the space station in question in 
the same frequency bands to provide the same type of service.
    (c) A non-U.S.-licensed NGSO-like satellite system seeking to serve 
the United States can be considered contemporaneously with other U.S. 
NGSO-

[[Page 200]]

like satellite systems pursuant to Sec.  25.157 and considered before 
later-filed applications of other U.S. satellite system operators, and a 
non-U.S.-licensed GSO-like satellite system seeking to serve the United 
States can have its request placed in a queue pursuant to Sec.  25.158 
and considered before later-filed applications of other U.S. satellite 
system operators, if the non-U.S.-licensed satellite system:
    (1) Is in orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union.
    (d) Earth station applicants requesting authority to communicate 
with a non-U.S.-licensed space station and entities filing a petition 
for declaratory ruling to access the United States market must 
demonstrate that the non-U.S.-licensed space station has complied with 
all applicable Commission requirements for non-U.S.-licensed systems to 
operate in the United States, including but not limited to the 
following:
    (1) Milestones;
    (2) Reporting requirements;
    (3) Any other applicable service rules;
    (4) The surety bond requirement in Sec.  25.165, for non-U.S.-
licensed space stations that are not in orbit and operating.
    (5) Recipients of U.S. market access for NGSO-like satellite 
operation that have one market access request on file with the 
Commission in a particular frequency band, or one granted market access 
request for an unbuilt NGSO-like system in a particular frequency band, 
will not be permitted to request access to the U.S. market through 
another NGSO-like system in that frequency band.
    (e) An entity requesting access to the United States market through 
a non-U.S.-licensed space station pursuant to a petition for declaratory 
ruling may amend its request by submitting an additional petition for 
declaratory ruling. Such additional petitions will be treated on the 
same basis as amendments filed by U.S. space station applicants for 
purposes of determining the order in which the petitions will be 
considered relative to pending applications and petitions.
    (f) A non-U.S.-licensed space station operator that has been granted 
access to the United States market pursuant to a declaratory ruling may 
modify its U.S. operations under the procedures set forth in Sec. Sec.  
25.117(d) and (h) and 25.118(e).
    (g) A non-U.S.-licensed satellite operator that acquires control of 
a non-U.S.-licensed space station that has been permitted to serve the 
United States must notify the Commission within 30 days after 
consummation of the transaction so that the Commission can afford 
interested parties an opportunity to comment on whether the transaction 
affected any of the considerations we made when we allowed the satellite 
operator to enter the U.S. market. A non-U.S.-licensed satellite that 
has been transferred to new owners may continue to provide service in 
the United States unless and until the Commission determines otherwise. 
If the transferee or assignee is not licensed by, or seeking a license 
from, a country that is a member of the World Trade Organization for 
services covered under the World Trade Organization Basic 
Telecommunications Agreement, the non-U.S.-licensed satellite operator 
will be required to make the showing described in paragraph (a) of this 
section.

[62 FR 64172, Dec. 4, 1997, as amended at 64 FR 61792, Nov. 15, 1999; 65 
FR 16327, Mar. 28, 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, Aug. 
27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR 51587, Aug. 20, 2004; 78 FR 
8422, Feb. 6, 2013; 81 FR 55331, Aug. 18, 2016; 81 FR 75344, Oct. 31, 
2016]



Sec.  25.138  Licensing requirements for GSO FSS earth stations in the
conventional Ka-band.

    (a) Applications for earth station licenses in the GSO FSS in the 
conventional Ka-band that indicate that the following requirements will 
be met and include the information required by relevant provisions in 
Sec. Sec.  25.115 and 25.130 may be routinely processed:
    (1) The EIRP density of co-polarized signals in the plane tangent to 
the GSO arc, as defined in Sec.  25.103, will not exceed the following 
values under clear sky conditions:

[[Page 201]]



----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
32.5-25log([thgr])......................  dBW/MHz                          for 2.0[deg] <= [thgr] <= 7[deg].
11.5....................................  dBW/MHz                          for 7[deg] <= [thgr] <= 9.2[deg]
35.5-25log([thgr])......................  dBW/MHz                          for 9.2[deg] <= [thgr] <= 19.1[deg]
3.5.....................................  dBW/MHz                          for 19.1[deg] < [thgr] <= 180[deg]
----------------------------------------------------------------------------------------------------------------

Where:

[thgr] is the angle in degrees from a line from the earth station 
          antenna to the assigned orbital location of the target 
          satellite.

    (2) In the plane perpendicular to the GSO arc, as defined in Sec.  
25.103, the EIRP density of co-polarized signals will not exceed the 
following values under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
35.5-25log([thgr])......................  dBW/MHz                          for 3.5[deg] <= [thgr] <= 7[deg]
14.4....................................  dBW/MHz                          for 7[deg] < [thgr] <= 9.2[deg]
38.5-25log([thgr])......................  dBW/MHz                          for 9.2[deg] < [thgr] <= 19.1[deg]
6.5.....................................  dBW/MHz                          for 19.1[deg] < [thgr] <= 180[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1) of this section.

    (3) The EIRP density levels specified in paragraphs (a)(1) and (2) 
of this section may be exceeded by up to 3 dB, for values of [thgr] 
 7[deg], over 10% of the range of theta ([thgr]) angles from 
7-180[deg] on each side of the line from the earth station to the target 
satellite.
    (4) The EIRP density of cross-polarized signals will not exceed the 
following values in the plane tangent to the GSO arc or in the plane 
perpendicular to the GSO arc under clear sky conditions:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
22.5-25log([thgr])......................  dBW/MHz                          for
                                                                           2.0[deg] < [thgr] <= 7.0[deg]
----------------------------------------------------------------------------------------------------------------


Where [thgr] is as defined in paragraph (a)(1) of this section.

    (5) A license application for earth station operation in a network 
using variable power density control of earth stations transmitting 
simultaneously in shared frequencies to the same target satellite 
receiving beam may be routinely processed if the applicant certifies 
that the aggregate off-axis EIRP density from all co-frequency earth 
stations transmitting simultaneously to the same target satellite 
receiving beam, not resulting from colliding data bursts transmitted 
pursuant to a contention protocol, will not exceed the off-axis EIRP 
density limits permissible for a single earth station, as specified in 
paragraphs (a)(1) through (a)(4) of this section.
    (6) Power flux-density (PFD) at the Earth's surface produced by 
emissions from a space station for all conditions, including clear sky, 
and for all methods of modulation shall not exceed a level of -118 dBW/
m\2\/MHz, in addition to the limits specified in Sec.  25.208 (d).
    (b) Operation with off-axis EIRP density exceeding a relevant 
envelope specified in paragraph (a) of this section and applications 
proposing such operation are subject to coordination requirements in 
Sec.  25.220.
    (c)-(e) [Reserved]
    (f) The holder of a blanket license pursuant to this section will be 
responsible for operation of any transceiver to receive service provided 
by that licensee or provided by another party with the blanket 
licensee's consent. Space station operators may not transmit 
communications to or from user transceivers in the United States in the 
18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz band 
unless such communications are authorized under an FCC earth station 
license.

[65 FR 54169, Sept. 7, 2000, as amended at 66 FR 63515, Dec. 7, 2001; 68 
FR 16966, Apr. 8, 2003; 69 FR 5710, Feb. 6, 2004; 73 FR 70900, Nov. 24, 
2008; 79 FR 8319, Feb. 12, 2014; 81 FR 55331, Aug. 18, 2016]

[[Page 202]]



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

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

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

                             Space Stations



Sec.  25.140  Further requirements for license applications for GSO
space station operation in the FSS and the 17/24 GHz BSS.

    (a)(1) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation involving transmission of 
analog video signals must certify that the proposed analog video 
operation has been coordinated with operators of authorized co-frequency 
space stations within six degrees of the requested orbital location.
    (2) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation at an orbital location 
less than two degrees from the assigned location of an authorized co-
frequency GSO space station must either certify that the proposed 
operation has been coordinated with the operator of the co-frequency 
space station or submit an interference analysis demonstrating the 
compatibility of the proposed system with the co-frequency space 
station. Such an analysis must include, for each type of radio frequency 
carrier, the link noise budget, modulation parameters, and overall link 
performance analysis. (See Appendices B and C to Licensing of Space 
Stations in the Domestic Fixed-Satellite Service, FCC 83-184, and the 
following public notices, copies of which are available in the 
Commission's EDOCS database: DA 03-3863 and DA 04-1708.) The provisions 
in this paragraph do not apply to proposed analog video operation, which 
is subject to the requirement in paragraph (a)(1) of this section.
    (3) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station must provide the following for 
operation other than analog video operation:
    (i) With respect to proposed operation in the conventional or 
extended C-bands, a certification that downlink EIRP density will not 
exceed 3 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog 
transmissions and that associated uplink operation will not exceed 
applicable EIRP density envelopes in Sec.  25.218 or Sec.  25.221(a)(1) 
unless the non-routine uplink and/or downlink operation is coordinated 
with operators of authorized co-frequency space stations at assigned 
locations within six degrees of the orbital location of the proposed 
space station and except as provided in paragraph (d) of this section.
    (ii) With respect to proposed operation in the conventional or 
extended Ku-bands, a certification that downlink EIRP density will not 
exceed 14 dBW/4kHz for digital transmissions

[[Page 203]]

or 17 dBW/4kHz for analog transmissions and that associated uplink 
operation will not exceed applicable EIRP density envelopes in Sec.  
25.218, Sec.  25.222(a)(1), Sec.  25.226(a)(1), or Sec.  25.227(a)(1) 
unless the non-routine uplink and/or downlink operation is coordinated 
with operators of authorized co-frequency space stations at assigned 
locations within six degrees of the orbital location of the proposed 
space station and except as provided in paragraph (d) of this section.
    (iii) With respect to proposed operation in the conventional Ka-
band, a certification that the proposed space station will not generate 
power flux-density at the Earth's surface in excess of -118 dBW/m\2\/MHz 
and that associated uplink operation will not exceed applicable EIRP 
density envelopes in Sec.  25.138(a) unless the non-routine uplink and/
or downlink operation is coordinated with operators of authorized co-
frequency space stations at assigned locations within six degrees of the 
orbital location and except as provided in paragraph (d) of this 
section.
    (iv) With respect to proposed operation in the 4500-4800 MHz (space-
to-Earth), 6725-7025 MHz (Earth-to-space), 10.70-10.95 GHz (space-to-
Earth), 11.20-11.45 GHz (space-to-Earth), and/or 12.75-13.25 GHz (Earth-
to-space) bands, a statement that the proposed operation will take into 
account the applicable requirements of Appendix 30B of the ITU Radio 
Regulations (incorporated by reference, see Sec.  25.108) and a 
demonstration that it is compatible with other U.S. ITU filings under 
Appendix 30B.
    (v) With respect to proposed operation in other FSS bands, an 
interference analysis demonstrating compatibility with any previously 
authorized co-frequency space station at a location two degrees away or 
a certification that the proposed operation has been coordinated with 
the operator(s) of the previously authorized space station(s). If there 
is no previously authorized space station at a location two degrees 
away, the applicant must submit an interference analysis demonstrating 
compatibility with a hypothetical co-frequency space station two degrees 
away with the same receiving and transmitting characteristics as the 
proposed space station.
    (b) Each applicant for a license for a 17/24 GHz Broadcasting-
Satellite Service space station must provide the following information, 
in addition to that required by Sec.  25.114:
    (1)-(2) [Reserved]
    (3) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will be located precisely at one of the 17/24 GHz BSS orbital locations 
specified in Appendix F of the Report and Order adopted May 2, 2007, IB 
Docket No. 06-123, FCC 07-76, must certify that the downlink power flux 
density on the Earth's surface will not exceed the values specified in 
Sec.  25.208(w), and that the associated feeder-link earth station 
transmissions will not exceed the EIRP density limits in Sec.  25.223(c) 
unless the non-conforming uplink operation is coordinated with other 
affected 17/24 GHz BSS systems in accordance with Sec.  25.223(c).
    (4) Except as described in paragraph (b)(5) of this section, an 
applicant for a license to operate a 17/24 GHz BSS space station that 
will not be located precisely at one of the nominal 17/24 GHz BSS 
orbital locations specified in Appendix F of the Report and Order 
adopted May 2, 2007, IB Docket No. 06-123, FCC 07-76, must make one of 
the following showings:
    (i) In cases where there is no previously licensed or proposed space 
station to be located closer than four degrees from the applicant's 
space station, and the applicant seeks to operate pursuant to Sec.  
25.262(b) of this part, the applicant must provide an interference 
analysis of the kind described in paragraph (a) of this section, except 
that the applicant must demonstrate the compatibility of its proposed 
network with any current or future authorized space stations in the 17/
24 GHz BSS that are operating in compliance with the technical rules of 
this part and that will be located at least four degrees from the 
applicant's proposed space station;
    (ii) In cases where there is a previously licensed or proposed 17/24 
GHz BSS space station to be located within four degrees of the 
applicant's proposed

[[Page 204]]

space station, the applicant must provide an interference analysis of 
the kind described in paragraph (a) of this section, except that the 
applicant must demonstrate that its proposed network will not cause more 
interference to the adjacent 17/24 GHz BSS satellite networks operating 
in compliance with the technical requirements of this part, than if the 
applicant were located at the precise Appendix F orbital location from 
which it seeks to offset;
    (iii) In cases where there is no previously licensed or proposed 17/
24 GHz BSS space station to be located within four degrees of the 
applicant's proposed space station, and the applicant does not seek to 
operate pursuant to Sec.  25.262(b) of this part, the applicant must 
provide an interference analysis of the kind described in paragraph (a) 
of this section, except that the applicant must demonstrate that its 
proposed operations will not cause more interference to any current or 
future 17/24 GHz BSS satellite networks operating in compliance with the 
technical requirements of this part, than if the applicant were located 
at the precise Appendix F orbital location from which it seeks to 
offset.
    (5) An applicant for a license to operate a 17/24 GHz BSS space 
station, in cases where there is a previously licensed or proposed space 
station operating pursuant to Sec.  25.262(b) of this part located 
within four degrees of the applicant's proposed 17/24 GHz BSS space 
station, must provide an interference analysis of the kind described in 
paragraph (a) of this section, except that the applicant must 
demonstrate that its proposed operations will not cause more 
interference to the adjacent 17/24 GHz BSS satellite network than if the 
adjacent space station were located four degrees from the applicant's 
space station.
    (6) In addition to the requirements of paragraphs (b)(3), (b)(4), 
and (b)(5) of this section, the link budget for any satellite in the 17/
24 GHz BSS must take into account longitudinal stationkeeping tolerances 
and, where appropriate, any existing orbital location offsets from the 
17/24 GHz BSS orbital locations of the adjacent prior-authorized 17/24 
GHz BSS space stations. In addition, any 17/24 GHz BSS satellite 
applicant that has reached a coordination agreement with an operator of 
another 17/24 GHz BSS satellite to allow that operator to exceed the pfd 
levels specified in the rules for this service, must use those higher 
pfd levels for the purposes of this showing.
    (c) Operators of satellite networks using 17/24 GHz BSS space 
stations must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station as follows:
    (1) Except as described in paragraphs (b)(4)(ii) and (b)(4)(iii) of 
this section, all satellite network operators using 17/24 GHz BSS space 
stations must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station as close as four degrees away.
    (2) Satellite network operators located less than four degrees away 
from a space station to be operated pursuant to Sec.  25.262(b) of this 
part must design their satellite networks to be capable of operating 
with that adjacent 17/24 GHz BSS space station.
    (3) Satellite network operators using 17/24 GHz BSS space stations 
located at an orbital location other than those specified in Appendix F 
of the Report and Order adopted May 2, 2007, IB Docket No. 06-123, FCC 
07-76, and that are not operating pursuant to Sec.  25.262(b) of this 
part, must design their satellite networks to be capable of operating 
with another 17/24 GHz BSS space station closer than four degrees away, 
as a result of the operator's offset position.
    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, or conventional Ka-
band may notify the Commission of its non-routine transmission levels 
and be relieved of the obligation to coordinate such levels with later 
applicants and petitioners.
    (1) The letter notification must include the downlink off-axis EIRP 
density levels or power flux density levels and/or uplink off-axis EIRP 
density levels, specified per frequency range and space station antenna 
beam, that exceed the relevant routine limits set forth in paragraphs 
(a)(3)(i) through (iii) of this section and Sec.  25.138(a),

[[Page 205]]

Sec.  25.218, Sec.  25.221(a)(1), Sec.  25.222(a)(1), Sec.  
25.226(a)(1), or Sec.  25.227(a)(1).
    (2) The notification will be placed on public notice pursuant to 
Sec.  25.151(a)(11).
    (3) Non-routine transmissions notified pursuant to this paragraph 
(d) need not be coordinated with operators of authorized co-frequency 
space stations that filed their complete applications or petitions after 
the date of filing of the notification with the Commission. Such later 
applicants and petitioners must accept any additional interference 
caused by the notified non-routine transmissions.
    (4) An operator of a replacement space station, as defined in Sec.  
25.165(e), may operate with non-routine transmission levels to the 
extent permitted under paragraph (d)(3) of this section for the replaced 
space station.
    (e)-(g) [Reserved]

[62 FR 5929, Feb. 10, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 72 
FR 50028, Aug. 29, 2007; 72 FR 60279, Oct. 24, 2007; 78 FR 8422, Feb. 6, 
2013; 79 FR 8319, Feb. 12, 2014; 79 FR 44312, July 31, 2014; 81 FR 
55332, Aug. 18, 2016]

    Effective Date Note: At 79 FR 44312, July 31, 2014, the amendatory 
instruction at 79 FR 8319, Feb. 12, 2014, was corrected by adding 
``revise paragraph (b) introductory text''. This paragraph contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec.  25.142  Licensing provisions for the non-voice, non-geostationary
Mobile-Satellite Service.

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

[[Page 206]]

    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal Government users under the jurisdiction of 
NTIA and non-voice, non-geostationary Mobile-Satellite Service systems 
(including user transceivers subject to blanket licensing under Sec.  
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal Government users shall be completed 
prior to grant of authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket licensing under Sec.  25.115(d), and authorized 
Federal government stations in the fixed and mobile services, through 
the exchange of appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) [Reserved]
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a non-voice, non-geostationary mobile-satellite 
service system if that applicant, or any companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possessions, to construct or operate space segment or 
earth stations in the non-voice, non-geosynchronous mobile-satellite 
service, or to interchange traffic, which is denied to any other United 
States company by reason of any concession, contract, understanding, or 
working arrangement to which the licensee or any persons or

[[Page 207]]

companies controlling or controlled by the licensee are parties.

[58 FR 68060, Dec. 23, 1993, as amended at 62 FR 5930, Feb. 10, 1997; 62 
FR 59295, Nov. 3, 1997; 68 FR 51504, Aug. 27, 2003; 78 FR 8422, Feb. 6, 
2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, Aug. 18, 2016]



Sec.  25.143  Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite
Service and 2 GHz Mobile-Satellite Service.

    (a) Authority to launch and operate a constellation of NGSO 
satellites will be granted in a single blanket license for operation of 
a specified number of space stations in specified orbital planes. An 
individual license will be issued for each GSO satellite, whether it is 
to be operated in a GSO-only system or in a GSO/NGSO hybrid system.
    (b) Qualification Requirements--(1) General Requirements. Each 
application for a space station system authorization in the 1.6/2.4 GHz 
Mobile-Satellite Service or 2 GHz Mobile-Satellite Service must include 
the information specified in Sec.  25.114. Applications for non-U.S.-
licensed systems must comply with the provisions of Sec.  25.137.
    (2) Technical qualifications. In addition to providing the 
information specified in paragraph (b)(1) of this section, each 
applicant and petitioner must demonstrate the following:
    (i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands 
employs a non-geostationary constellation or constellations of 
satellites;
    (ii) That a system proposed to operate using non-geostationary 
satellites be capable of providing Mobile-Satellite Service to all 
locations as far north as 70[deg] North latitude and as far south as 
55[deg] South latitude for at least 75% of every 24-hour period, i.e., 
that at least one satellite will be visible above the horizon at an 
elevation angle of at least 5[deg] for at least 18 hours each day within 
the described geographic area;
    (iii) That a system proposed to operate using non-geostationary 
satellites be capable of providing Mobile-Satellite Service on a 
continuous basis throughout the fifty states, Puerto Rico and the U.S. 
Virgin Islands, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5[deg] at all times within 
the described geographic areas; and
    (iv) That a system only using geostationary orbit satellites, at a 
minimum, be capable of providing Mobile-Satellite Service on a 
continuous basis throughout the 50 states, Puerto Rico, and the U.S. 
Virgin Islands, if technically feasible.
    (v) That operations will not cause unacceptable interference to 
other authorized users of the spectrum. In particular, each application 
in the 1.6/2.4 GHz frequency bands shall demonstrate that the space 
station(s) comply with the requirements specified in Sec.  25.213.
    (c) Safety and distress communications. (1) Stations operating in 
the 1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite 
Service that are voluntarily installed on a U.S. ship or are used to 
comply with any statute or regulatory equipment carriage requirements 
may also be subject to the requirements of sections 321(b) and 359 of 
the Communications Act of 1934. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibits a charge for the transmission of 
maritime distress calls and related traffic.
    (2) Licensees offering distress and safety services should 
coordinate with the appropriate search and rescue organizations 
responsible for the licensees service area.
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the Mobile-Satellite Service 
operating at 1610-1626.5 MHz/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which the 
Licensee or any persons

[[Page 208]]

or companies controlling or controlled by the Licensee are parties.

[59 FR 53328, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 62 
FR 5930, Feb. 10, 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, June 5, 
2003; 68 FR 47858, Aug. 12, 2003; 68 FR 51504, Aug. 27, 2003; 70 FR 
59277, Oct. 12, 2005; 78 FR 8267, Feb. 5, 2013; 78 FR 8422, Feb. 6, 
2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, Aug. 18, 2016]



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

    (a) Qualification Requirements:
    (1) [Reserved]
    (2) General Requirements: Each application for a system 
authorization in the satellite digital audio radio service in the 2310-
2360 MHz band shall describe in detail the proposed satellite digital 
audio radio system, setting forth all pertinent technical and 
operational aspects of the system, and the technical, legal, and 
financial qualifications of the applicant. In particular, applicants 
must file information demonstrating compliance with Sec.  25.114 and all 
of the requirements of this section.
    (3) Technical Qualifications: In addition to the information 
specified in paragraph (a)(1) of this section, each applicant shall:
    (i) Demonstrate that its system will, at a minimum, service the 48 
contiguous states of the United States (full CONUS);
    (ii) Certify that its satellite DARS system includes a receiver that 
will permit end users to access all licensed satellite DARS systems that 
are operational or under construction; and
    (b) Milestone requirements. Each applicant for system authorization 
in the satellite digital audio radio service must demonstrate within 10 
days after a required implementation milestone as specified in the 
system authorization, and on the basis of the documentation contained in 
its application, certify to the Commission by affidavit that the 
milestone has been met or notify the Commission by letter that it has 
not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met. The satellite DARS milestones are as follows, based on the 
date of authorization:
    (1) One year: Complete contracting for construction of first space 
station or begin space station construction;
    (2) Two years: If applied for, complete contracting for construction 
of second space station or begin second space station construction;
    (3) Four years: In orbit operation of at least one space station; 
and
    (4) Six years: Full operation of the satellite system.
    (c) [Reserved]
    (d) The license term for each digital audio radio service satellite 
and any associated terrestrial repeaters is specified in Sec.  25.121.
    (e) SDARS Terrestrial Repeaters. (1) Only entities holding or 
controlling SDARS space station licenses may construct and operate SDARS 
terrestrial repeaters and such construction and operation is permitted 
only in conjunction with at least one SDARS space station that is 
concurrently authorized and transmitting directly to subscribers.
    (2) SDARS terrestrial repeaters will be eligible for blanket 
licensing only under the following circumstances:
    (i) The SDARS terrestrial repeaters will comply with all applicable 
power limits set forth in Sec.  25.214(d)(1) of this chapter and all 
applicable out-of-band emission limits set forth in Sec.  25.202(h)(1) 
and (h)(2).
    (ii) The SDARS terrestrial repeaters will meet all applicable 
requirements in part 1, subpart I, and part 17 of this chapter. 
Operators of SDARS terrestrial repeaters must maintain demonstrations of 
compliance with part 1, subpart I, of this chapter and make such 
demonstrations available to the Commission upon request within three 
business days.
    (iii) The SDARS terrestrial repeaters will comply with all 
requirements of all applicable international agreements.
    (3) After May 20, 2010, SDARS licensees shall, before deploying any 
new, or modifying any existing, terrestrial repeater, notify potentially 
affected WCS licensees pursuant to the procedure set forth in Sec.  
25.263.

[[Page 209]]

    (4) SDARS terrestrial repeaters are restricted to the simultaneous 
retransmission of the complete programming, and only that programming, 
transmitted by the SDARS licensee's satellite(s) directly to the SDARS 
licensee's subscribers' receivers, and may not be used to distribute any 
information not also transmitted to all subscribers' receivers.
    (5) Operators of SDARS terrestrial repeaters are prohibited from 
using those repeaters to retransmit different transmissions from a 
satellite to different regions within that satellite's coverage area.
    (6) Operators of SDARS terrestrial repeaters are required to comply 
with all applicable provisions of part 1, subpart I, and part 17 of this 
chapter.
    (7)(i) Each SDARS terrestrial repeater transmitter utilized for 
operation under this paragraph must be of a type that has been 
authorized by the Commission under its certification procedure.
    (ii) In addition to the procedures set forth in subpart J of part 2 
of this chapter, power measurements for SDARS repeater transmitters may 
be made in accordance with a Commission-approved average power 
technique. Peak-to-average power ratio (PAPR) measurements for SDARS 
repeater transmitters should be made using either an instrument with 
complementary cumulative distribution function (CCDF) capabilities to 
determine that the PAPR will not exceed 13 dB for more than 0.1 percent 
of the time or another Commission approved procedure. The measurement 
must be performed using a signal corresponding to the highest PAPR 
expected during periods of continuous transmission.
    (iii) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (8) Applications for blanket authority to operate terrestrial 
repeaters must be filed using Form 312, except that Schedule B to Form 
312 need not be filed. Such applications must also include the following 
information as an attachment:
    (i) The space station(s) with which the terrestrial repeaters will 
communicate, the frequencies and emission designators of such 
communications, and the frequencies and emission designators used by the 
repeaters to re-transmit the received signals.
    (ii) The maximum number of terrestrial repeaters that will be 
deployed under the authorization at 1) power levels equal to or less 
than 2-watt average EIRP, and 2) power levels greater than 2-watt 
average EIRP (up to 12-kW average EIRP).
    (iii) A certification of compliance with the requirements of Sec.  
25.144(e)(1) through (7).
    (9) SDARS terrestrial repeaters that are ineligible for blanket 
licensing must be authorized on a site-by-site basis. Applications for 
site-by-site authorization must be filed using Form 312, except that 
Schedule B need not be provided. Such applications must also include the 
following information, as an attachment:
    (i) The technical information for each repeater required to be 
shared with potentially affected WCS licensees as part of the 
notification requirement set forth in Sec.  25.263(c)(2).
    (ii) The space station(s) with which the terrestrial repeaters will 
communicate, the frequencies and emission designators of such 
communications, and the frequencies and emission designators used by the 
repeaters to re-transmit the received signals.

[62 FR 11105, Mar. 11, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 
70 FR 32254, June 2, 2005; 75 FR 45067, Aug. 2, 2010; 79 FR 8320, Feb. 
12, 2014]



Sec.  25.145  Licensing provisions for the FSS in the 18.3-20.2 GHz 
and 28.35-30.0 GHz bands.

    (a) [Reserved]
    (b) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.

[[Page 210]]

    (c) In addition to providing the information specified in Sec.  
25.114, each non-geostationary satellite orbit applicant shall 
demonstrate the following:
    (1) That the proposed system is capable of providing Fixed-Satellite 
Service to all locations as far north as 70[deg] North Latitude and as 
far south as 55[deg] South Latitude for at least 75% of every 24-hour 
period; and
    (2) That the proposed system is capable of providing Fixed-Satellite 
Service on a continuous basis throughout the fifty states, Puerto Rico 
and the U.S. Virgin Islands.
    (3) [Reserved]
    (d) [Reserved]
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the FSS operating in portions of 
the 18.3-20.2 GHz and 28.35-30.0 GHz bands if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possessions, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which the 
Licensee or any persons or companies controlling or controlled by the 
Licensee are parties.

[62 FR 61456, Nov. 18, 1997, as amended at 65 FR 54171, Sept. 7, 2000; 
66 FR 63515, Dec. 7, 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, Apr. 
8, 2003; 68 FR 51505, Aug. 27, 2003; 68 FR 59129, Oct. 14, 2003; 70 FR 
59277, Oct. 12, 2005; 78 FR 8423, Feb. 6, 2013; 79 FR 8320, Feb. 12, 
2014; 81 FR 55333, Aug. 18, 2016]



Sec.  25.146  Licensing and operating rules for the NGSO FSS in the
10.7-14.5 GHz bands.

    (a) A comprehensive technical showing shall be submitted for the 
proposed non-geostationary satellite orbit Fixed-Satellite Service (NGSO 
FSS) system in the 10.7-14.5 GHz bands. The technical information shall 
demonstrate that the proposed NGSO FSS system would not exceed the 
validation equivalent power flux-density (EPFD) limits as specified in 
Sec.  25.208 (g), (k), and (l) for EPFDdown, and 
EPFDup. If the technical demonstration exceeds the validation 
EPFD limits at any test points within the U.S. for domestic service and 
at any points outside of the U.S. for international service or at any 
points in the geostationary satellite orbit, as appropriate, the 
application would be unacceptable for filing and will be returned to the 
applicant with a brief statement identifying the non-compliance 
technical demonstration. The technical showing consists of the 
following:
    (1) Single-entry validation equivalent power flux-density, in the 
space-to-Earth direction, (EPFDdown) limits. (i) Provide a set of power 
flux-density (PFD) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The PFD masks shall be generated in 
accordance with the specification stipulated in the most recent version 
of ITU-R S.1503-2 (incorporated by reference, see Sec.  25.108). In 
particular, the PFD masks must encompass the power flux-density radiated 
by the space station regardless of the satellite transmitter power 
resource allocation and traffic/beam switching strategy that are used at 
different periods of a NGSO FSS system's life. The PFD masks shall also 
be in an electronic form that can be accessed by the computer program 
specified in paragraph (a)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the power flux-density masks.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall indicate the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(1)(iii) of this section.

[[Page 211]]

    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the computer program described in 
paragraph (a)(1)(iii) of this section by using only the input parameters 
contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this section.
    (2) Single-entry additional operational equivalent power flux-
density, in the Earth-to-space direction, (additional operational 
EPFDup) limits. (i) Provide a set of NGSO FSS earth station maximum 
equivalent isotropically radiated power (EIRP) masks as a function of 
the off-axis angle generated by an NGSO FSS earth station. The maximum 
EIRP mask shall be generated in accordance with the specification 
stipulated in the most recent version of ITU-R Recommendation S.1503. In 
particular, the results of calculations encompass what would be radiated 
regardless of the earth station transmitter power resource allocation 
and traffic/beam switching strategy are used at different periods of an 
NGSO FSS system's life. The EIRP masks shall be in an electronic form 
that can be accessed by the computer program specified in paragraph 
(a)(2)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the maximum earth station e.i.r.p. mask.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in the most recent version of Recommendation 
ITU-R S.1503. If the applicant uses the ITU approved software, the 
applicant shall indicate the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(2)(iii) of this section.
    (v) Provide the result of the execution of the computer program 
described in paragraph (a)(2)(iii) of this section by using only the 
input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of 
this section.
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a comprehensive technical 
showing for the non-geostationary satellite orbit Fixed-Satellite 
Service (NGSO FSS) system in the 10.7-14.5 GHz bands. The technical 
information shall demonstrate that the NGSO FSS system is expected not 
to operate in excess of the additional operational EPFDdown 
limits and the operational EPFDdown limits as specified in 
Sec.  25.208(i) and (j), and notes 2 and 3 to Table 1L in Sec.  
25.208(l). If the technical demonstration exceeds the additional 
operational EPFDdown limits or the operational 
EPFDdown limits at any test points within the United States 
for domestic service and at any test points outside of the United States 
for international service, the NGSO FSS system licensee shall not 
initiate service to the public until the deficiency has been rectified 
by reducing satellite transmission power or other adjustments. This must 
be substantiated by subsequent technical showings. The technical 
showings consist of the following:
    (1) Single-entry additional operational equivalent power flux-
density, in the space-to-Earth direction, (additional operational 
EPFDdown) limits. (i) Provide a set of anticipated operational power 
flux density (PFD) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The anticipated operational PFD masks 
could be generated by using the method specified in the most recent 
version of ITU-R Recommendation S.1503. In particular, the anticipated 
operational PFD mask shall take into account the expected maximum 
traffic loading distributions and geographic specific scheduling of the 
actual measured space station antenna patterns (see Sec.  25.210(k)). 
The anticipated operational PFD masks shall also be in an electronic 
form that can be accessed by the computer program contained in paragraph 
(b)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the anticipated operational power flux-density masks.

[[Page 212]]

    (iii) Provide a computer program for the single-entry additional 
operational EPFDdown verification computation, including both 
the source code and the executable file. This computer program could be 
developed by using the method specified in the most recent version of 
ITU-R Recommendation S.1503.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the additional operational EPFDdown 
verification computer program identified in paragraph (b)(1)(iii) of 
this section.
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the verification computer program 
described in paragraph (b)(1)(iii) of this section by using only the 
input parameters contained in paragraphs (b)(1)(i) and (iv) of this 
section for each of the submitted test points provided by the 
Commission. These test points are based on information from U.S.-
licensed geostationary satellite orbit Fixed-Satellite Service and 
Broadcasting-Satellite Service operators in the 10.7-14.5 GHz bands. 
Each U.S.-licensed geostationary satellite orbit Fixed-Satellite Service 
and Broadcasting-Satellite Service operator in the 10.7-14.5 GHz bands 
may submit up to 10 test points for this section containing the 
latitude, longitude, altitude, azimuth, elevation angle, antenna size, 
efficiency to be used by non-geostationary satellite orbit Fixed-
Satellite Service licensees in the 10.7-14.5 GHz bands during the 
upcoming year.
    (2) Operational equivalent power flux-density, space-to-Earth 
direction, (operational EPFDdown) limits. Using the 
information contained in (b)(1) of this section plus the measured space 
station antenna patterns, provide the result of the execution of the 
computer simulation for the anticipated in-line operational 
EPFDdown levels for each of the submitted test points 
provided by the Commission. Submitted test points are based on inputs 
from U.S.-licensed geostationary satellite orbit Fixed-Satellite Service 
and Broadcasting-Satellite Service operators in the 10.7- 14.5 GHz 
bands. Each U.S.-licensed geostationary satellite orbit Fixed-Satellite 
Service and Broadcasting-Satellite Service operator in the 10.7-14.5 GHz 
bands may submit up to 10 test points for this section containing the 
latitude, longitude, altitude, azimuth, elevation angle, antenna size, 
efficiency to be used by non-geostationary satellite orbit Fixed-
Satellite Service licensees in the 10.7-14.5 GHz bands during the 
upcoming year.
    (c) [Reserved]
    (d) The Commission may request at any time additional information 
from the NGSO FSS system applicant or licensee concerning the EPFD 
levels and the related technical showings.
    (e) An NGSO FSS system licensee operating a system in compliance 
with the limits specified in Sec.  25.208(g), (i), (j), (k), (l), and 
(m) shall be considered as having fulfilled its obligations under ITU 
Radio Regulations Article 22.2 with respect to any GSO network. However, 
such NGSO FSS system shall not claim protection from GSO FSS and BSS 
networks operating in accordance with part 25 of this chapter and the 
ITU Radio Regulations.
    (f) Coordination will be required between NGSO FSS systems and GSO 
FSS earth stations in the frequency band 10.7-12.75 GHz when all of the 
following threshold conditions are met:
    (1) Bandwidth overlap; and
    (2) The satellite network using the GSO has specific receive earth 
stations which meet all of the following conditions: earth station 
antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of 
44 dB/K or higher; and emission bandwidth of 250 MHz; and the 
EPFDdown radiated by the satellite system using the NGSO into 
the GSO specific receive earth station, either within the U.S. for 
domestic service or any points outside the U.S. for international 
service, as calculated using the ITU software for examining compliance 
with EPFD limits set forth in Article 22 of the ITU Radio Regulations 
exceeds -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO 
systems with all satellites only operating at or below 2500 km altitude, 
or -202 dB(W/(m2/40kHz)) for any percentage of time for NGSO systems 
with any satellites operating above 2500 km altitude.
    (3) If there is no ITU software for examining compliance with EPFD 
limits

[[Page 213]]

set forth in Article 22 of the ITU Radio Regulations, then the 
EPFDdown coordination trigger is suspended and the 
requirement for coordination will be based on bandwidth overlap and the 
satellite network using the GSO has specific receive earth stations 
which meet all of the following conditions: earth station antenna 
maximum isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K 
or higher; and emission bandwidth of 250 MHz.
    (g) Operational power flux density, space-to-Earth direction, 
limits. Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a technical showing for the 
NGSO FSS system in the band 12.2-12.7 GHz. The technical information 
shall demonstrate that the NGSO FSS system is capable of meeting the 
limits as specified in Sec.  25.208(o). Licensees may not provide 
service to the public if they fail to demonstrate compliance with the 
PFD limits.
    (h) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit Fixed-
Satellite Service satellites will be awarded a single ``blanket'' 
license covering a specified number of space stations to operate in a 
specified number of orbital planes.
    (i) In addition to providing the information specified in Sec.  
25.114, each NGSO FSS applicant shall provide the following:
    (1) A demonstration that the proposed system is capable of providing 
fixed-satellite services on a continuous basis throughout the fifty 
states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
    (2) A demonstration that the proposed system is capable of providing 
Fixed-Satellite Services to all locations as far north as 70[deg] North 
Latitude and as far south as 55[deg] South Latitude for at least 75 
percent of every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics to 
properly model the system in computer sharing simulations, including, at 
a minimum, NGSO hand-over and satellite switching strategies, NGSO 
satellite antenna gain patterns, and NGSO earth station antenna gain 
patterns. In particular, each NGSO FSS applicant must explain the 
switching protocols it uses to avoid transmitting while passing through 
the geostationary satellite orbit arc, or provide an explanation as to 
how the PFD limits in Sec.  25.208 are met without using geostationary 
satellite orbit arc avoidance. In addition, each NGSO FSS applicant must 
provide the orbital parameters contained in Section A.4 of Annex 2A to 
Appendix 4 of the ITU Radio Regulations (2008). Further, each NGSO FSS 
applicant must provide a sufficient technical showing to demonstrate 
that the proposed non-geostationary satellite orbit system meets the PFD 
limits contained in Sec.  25.208, as applicable, and
    (4) [Reserved]
    (j)-(l) [Reserved]

[66 FR 10619, Feb. 16, 2001, as amended at 67 FR 53510, Aug. 16, 2002; 
68 FR 16447, Apr. 4, 2003; 68 FR 43946, July 25, 2003; 68 FR 51505, Aug. 
27, 2003; 69 FR 31302, June 3, 2004; 70 FR 59277, Oct. 12, 2005; 78 FR 
8423, Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, Aug. 18, 
2016]



Sec.  25.147  [Reserved]



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

    (a) License terms. License terms for DBS facilities are specified in 
Sec.  25.121(a).
    (b) Due diligence. (1) All persons granted DBS authorizations shall 
proceed with due diligence in constructing DBS systems. Permittees shall 
be required to complete contracting for construction of the satellite 
station(s) within one year of the grant of the authorization. The 
satellite stations shall also be required to be in operation within six 
years of the authorization grant.
    (2) In addition to the requirements stated in paragraph (b)(1) of 
this section, all persons who receive new or additional DBS 
authorizations after January 19, 1996 shall complete construction of the 
first satellite in their respective DBS systems within four years of 
grant of the authorization. All satellite stations in such a DBS system 
shall be in operation within six years of the grant of the 
authorization.
    (3) DBS licensees shall be required to proceed consistent with all 
applicable

[[Page 214]]

due diligence obligations, unless otherwise determined by the Commission 
upon proper showing in any particular case. Transfer of control of the 
authorization shall not be considered to justify extension of these 
deadlines.
    (c) Geographic service requirements. Those entities acquiring DBS 
authorizations after January 19, 1996, or who after January 19, 1996 
modify a previous DBS authorization to launch a replacement satellite, 
must provide DBS service to Alaska and Hawaii where such service is 
technically feasible from the authorized orbital location. This 
requirement does not apply to DBS satellites authorized to operate at 
the 61.5[deg] W.L. orbital location. DBS applicants seeking to operate 
from locations other than 61.5[deg] W.L. who do not provide service to 
Alaska and Hawaii, must provide technical analyses to the Commission 
demonstrating that such service is not feasible as a technical matter, 
or that while technically feasible such services would require so many 
compromises in satellite design and operation as to make it economically 
unreasonable.
    (d) DBS subject to competitive bidding. Mutually exclusive initial 
applications to provide DBS are subject to competitive bidding 
procedures. The general competitive bidding procedures set forth in part 
1, subpart Q of this chapter will apply unless otherwise provided in 
this part.
    (e) DBS long form application. Winning bidders are subject to the 
provisions of Sec.  1.2107 of this chapter except that in lieu of a FCC 
Form 601 each winning bidder shall submit the long-form satellite 
service application (FCC Form 312) within thirty (30) days after being 
notified by Public Notice that it is the winning bidder. Each winning 
bidder will also be required to submit by the same deadline the 
information described in Sec.  25.215 (Technical) and Sec.  25.601 
(EEO), and in paragraph (f) of this section. Each winner also will be 
required to file, by the same deadline, a signed statement describing 
its efforts to date and future plans to come into compliance with any 
applicable spectrum limitations, if it is not already in compliance. 
Such information shall be submitted pursuant to the procedures set forth 
in Sec.  25.114 and any associated Public Notices.
    (f) Technical qualifications. DBS operations must be in accordance 
with the sharing criteria and technical characteristics contained in 
Appendices 30 and 30A of the ITU's Radio Regulations. Operation of 
systems using differing technical characteristics may be permitted, with 
adequate technical showing, and if a request has been made to the ITU to 
modify the appropriate Plans to include the system's technical 
parameters.

[67 FR 51113, Aug. 7, 2002]



Sec.  25.149  Application requirements for ancillary terrestrial 
components in Mobile-Satellite Service networks operating in the
1.5./1.6 GHz and 1.6/2.4 GHz Mobile-Satellite Service.

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

    Note to paragraph (a)(1):
    An L-band MSS licensee is permitted to apply for ATC authorization 
based on a non-forward-band mode of operation provided it is able to 
demonstrate that the use of a non-forward-band mode of operation would 
produce no greater potential interference than that produced as a result 
of implementing the rules of this section. A 1.6/2.4 GHz band licensee 
is permitted to apply for ATC authorization on a non-forward-band mode 
of operation where the equipment deployed will meet the requirements of 
paragraph (c)(4) of this section.

    (2) ATC operations shall be limited to certain frequencies:
    (i) [Resreved]
    (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC 
operations are limited to the frequency assignments authorized and 
internationally coordinated for the MSS system of the MSS licensee that 
seeks ATC authority.

[[Page 215]]

    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands, ATC operations 
are limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz, and 2483.5-
2495 MHz bands and to the specific frequencies authorized for use by the 
MSS licensee that seeks ATC authority.
    (3) ATC operations shall not exceed the geographical coverage area 
of the Mobile-Satellite Service network of the applicant for ATC 
authority.
    (4) ATC base stations shall comply with all applicable antenna and 
structural clearance requirements established in part 17 of this 
chapter.
    (5) ATC base stations and mobile terminals shall comply with part 1 
of this chapter, Subpart I--Procedures Implementing the National 
Environmental Policy Act of 1969, including the guidelines for human 
exposure to radio frequency electromagnetic fields as defined in 
Sec. Sec.  1.1307(b) and 1.1310 of this chapter for PCS networks.
    (6) ATC base station operations shall use less than all available 
MSS frequencies when using all available frequencies for ATC base 
station operations would exclude otherwise available signals from MSS 
space-stations.
    (b) Applicants for an ancillary terrestrial component shall 
demonstrate that the applicant does or will comply with the following 
criteria through certification:
    (1) Geographic and temporal coverage. (i) [Reserved]
    (ii) For the L-band, an applicant must demonstrate that it can 
provide space-segment service covering all 50 states, Puerto Rico, and 
the U.S. Virgin Islands one-hundred percent of the time, unless it is 
not technically possible for the MSS operator to meet the coverage 
criteria from its orbital position.
    (iii) For the 1.6/2.4 GHz Mobile-Satellite Service bands, an 
applicant must demonstrate that it can provide space-segment service to 
all locations as far north as 70[deg] North latitude and as far south as 
55[deg] South latitude for at least seventy-five percent of every 24-
hour period, i.e., that at least one satellite will be visible above the 
horizon at an elevation angle of at least 5[deg] for at least 18 hours 
each day, and on a continuous basis throughout the fifty states, Puerto 
Rico and the U.S. Virgin Islands, i.e., that at least one satellite will 
be visible above the horizon at an elevation angle of at least 5[deg] at 
all times.
    (2) Replacement satellites. (i) Operational NGSO MSS ATC systems 
shall maintain an in-orbit spare satellite.
    (ii) Operational GSO MSS ATC systems shall maintain a spare 
satellite on the ground within one year of commencing operations and 
launch it into orbit during the next commercially reasonable launch 
window following a satellite failure.
    (iii) All MSS ATC licensees must report any satellite failures, 
malfunctions or outages that may require satellite replacement within 
ten days of their occurrence.
    (3) Commercial availability. Mobile-satellite service must be 
commercially available (viz., offering services for a fee) in accordance 
with the coverage requirements that pertain to each band as a 
prerequisite to an MSS licensee's offering ATC service.
    (4) Integrated services. MSS ATC licensees shall offer an integrated 
service of MSS and MSS ATC. Applicants for MSS ATC may establish an 
integrated service offering by affirmatively demonstrating that:
    (i) The MSS ATC operator will use a dual-mode handset that can 
communicate with both the MSS network and the MSS ATC component to 
provide the proposed ATC service; or
    (ii) Other evidence establishing that the MSS ATC operator will 
provide an integrated service offering to the public.
    (5) In-band operation. (i) [Reserved]
    (ii) In the 1.6/2.4 GHz Mobile-Satellite Service bands, MSS ATC is 
limited to no more than 7.775 MHz of spectrum in the L-band and 11.5 MHz 
of spectrum in the S-band. Licensees in these bands may implement ATC 
only on those channels on which MSS is authorized, consistent with the 
1.6/2.4 GHz Mobile-Satellite Service band-sharing arrangement.
    (iii) In the L-band, MSS ATC is limited to those frequency 
assignments available for MSS use in accordance with the Mexico City 
Memorandum of Understanding, its successor agreements or the result of 
other organized efforts of international coordination.

[[Page 216]]

    (c) Equipment certification. (1) Each ATC mobile station utilized 
for operation under this part and each transmitter marketed, as set 
forth in Sec.  2.803 of this chapter, must be of a type that has been 
authorized by the Commission under its certification procedure for use 
under this part.
    (2) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091, and 2.1093 of this chapter, as appropriate. ATC base stations 
must comply with the requirements specified in Sec.  1.1307(b) of this 
chapter for PCS base stations. ATC mobile stations must comply with the 
requirements specified for mobile and portable PCS transmitting devices 
in Sec.  1.1307(b) of this chapter. ATC mobile terminals must also 
comply with the requirements in Sec. Sec.  2.1091 and 2.1093 of this 
chapter for Satellite Communications Services devices. Applications for 
equipment authorization of ATC mobile or portable devices operating 
under this section must contain a statement confirming compliance with 
these requirements for both fundamental emissions and unwanted 
emissions. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.
    (4) Applications for equipment authorization of terrestrial low-
power system equipment that will operate in the 2483.5-2495 MHz band 
shall demonstrate the following:
    (i) The transmitted signal is digitally modulated;
    (ii) The 6 dB bandwidth is at least 500 kHz;
    (iii) The maximum transmit power is no more than 1 W with a peak 
EIRP of no more than 6 dBW;
    (iv) The maximum power spectral density conducted to the antenna is 
not greater than 8 dBm in any 3 kHz band during any time interval of 
continuous transmission;
    (v) Emissions below 2483.5 MHz are attenuated below the transmitter 
power (P) measured in watts by a factor of at least 40 + 10 log (P) dB 
at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the 
channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge 
where X is the greater of 6 MHz or the actual emission bandwidth.
    (vi) Emissions above 2495 MHz are attenuated below the transmitter 
power (P) measured in watts by a factor of at least 43 + 10 log (P) dB 
on all frequencies between the channel edge at 2495 MHz and X MHz from 
this channel edge and 55 + 10 log (P) dB on all frequencies more than X 
MHz from this channel edge, where X is the greater of 6 MHz or the 
actual emission bandwidth;
    (vii) Compliance with these rules is based on the use of measurement 
instrumentation employing a resolution bandwidth of 1 MHz or greater. 
However, in the 1 MHz bands immediately above and adjacent to the 2495 
MHz a resolution bandwidth of at least 1 percent of the emission 
bandwidth of the fundamental emission of the transmitter may be 
employed. If 1 percent of the emission bandwidth of the fundamental 
emission is less than 1 MHz, the power measured must be integrated over 
the required measurement bandwidth of 1 MHz. A resolution bandwidth 
narrower than 1 MHz is permitted to improve measurement accuracy, 
provided the measured power is integrated over the full required 
measurement bandwidth (i.e., 1 MHz). The emission bandwidth of the 
fundamental emission of a transmitter is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emissions 
are attenuated at least 26 dB below the transmitter power. 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; and

    Note to paragraph (c)(4): Systems meeting the requirements set forth 
in this section

[[Page 217]]

are deemed to have also met the requirements of Sec.  25.254(a) through 
(d). No further demonstration is needed for these systems with respect 
to Sec.  25.254(a)-(d).

    (d) Applicants for an ancillary terrestrial component authority 
shall demonstrate that the applicant does or will comply with the 
provisions of Sec.  1.924 of this chapter and Sec. Sec.  25.203(e) 
through 25.203(g) and with Sec.  25.253 or Sec.  25.254, as appropriate, 
through certification or explanatory technical exhibit.
    (e) Except as provided for in paragraphs (f) and (g) of this 
section, no application for an ancillary terrestrial component shall be 
granted until the applicant has demonstrated actual compliance with the 
provisions of paragraph (b) of this section. Upon receipt of ATC 
authority, all ATC licensees shall ensure continued compliance with this 
section and Sec.  25.253 or Sec.  25.254, as appropriate.
    (f) Special provision for operational MSS systems. Applicants for 
MSS ATC authority with operational MSS systems that are in actual 
compliance with the requirements prescribed in paragraphs (b)(1), 
(b)(2), and (b)(3) of this section at the time of application may elect 
to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this 
section prospectively by providing a substantial showing in its 
certification regarding how the applicant will comply with the 
requirements of paragraphs (b)(4) and (b)(5) of this section. 
Notwithstanding Sec.  25.117(f) and paragraph (e) of this section, the 
Commission may grant an application for ATC authority based on such a 
prospective substantial showing if the Commission finds that operations 
consistent with the substantial showing will result in actual compliance 
with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this 
section. An MSS ATC applicant that receives a grant of ATC authority 
pursuant to this paragraph (f) shall notify the Commission within 30 
days once it begins providing ATC service. This notification must take 
the form of a letter formally filed with the Commission in the 
appropriate MSS license docket and shall contain a certification that 
the MSS ATC service is consistent with its ATC authority.
    (g) Special provisions for terrestrial low-power systems in the 
2483.5-2495 MHz band. (1) An operational MSS system that applies for 
authority to deploy ATC in the 2483.5-2495 MHz band for terrestrial low-
power operations satisfying the equipment certification requirements of 
paragraph (c)(4) of this section is not required to demonstrate 
compliance with paragraph (b) of this section, except to demonstrate the 
commercial availability of MSS, without regard to coverage requirements.
    (2) An ATC licensee seeking to modify its license to add authority 
to operate a terrestrial low-power network shall certify in its 
modification application that its operations will utilize a Network 
Operating System (NOS), consisting of a network management system 
located at an operations center or centers. The NOS shall have the 
technical capability to address and resolve interference issues related 
to the licensee's network operations by reducing operational power; 
adjusting operational frequencies; shutting off operations; or any other 
appropriate means. The NOS shall also have the ability to resolve 
interference from the terrestrial low-power network to the licensee's 
MSS operations and to authorize access points to the network, which in 
turn may authorize access to the network by end-user devices. The NOS 
operations center shall have a point of contact in the United States 
available 24 hours a day, seven days a week, with a phone number and 
address made publicly-available by the licensee.
    (3) All access points operating in the 2483.5-2495 MHz band shall 
only operate when authorized by the ATC licensee's NOS, and all client 
devices operating in the 2483.5-2495 MHz band shall only operate when 
under the control of such access points.
    (h) Spectrum leasing. Leasing of spectrum rights by MSS licensees or 
system operators to spectrum lessees for ATC use is subject to the rules 
for spectrum manager leasing arrangements (see Sec.  1.9020) as set 
forth in part 1, subpart X of the rules (see Sec.  1.9001 et seq.). In 
addition, at the time of the filing of the requisite notification of a 
spectrum manager leasing arrangement using Form 608 (see Sec. Sec.  
1.9020(e) and 1.913(a)(5)), both parties to the proposed arrangement 
must have a complete and

[[Page 218]]

accurate Form 602 (see Sec.  1.913(a)(2)) on file with the Commission.

[68 FR 47859, Aug. 12, 2003, as amended at 69 FR 48162, Aug. 9, 2004; 70 
FR 19318, Apr. 13, 2005, 73 FR 25592, May 7, 2008; 76 FR 31260, May 31, 
2011; 78 FR 8267, Feb. 5, 2013; 78 FR 8424, Feb. 6, 2013; 79 FR 27502, 
May 14, 2014; 82 FR 8818, Jan. 31, 2017]

    Effective Date Note: At 82 FR 8818, Jan. 31, 2017, Sec.  25.149 was 
amended by revising paragraph (a)(1), the note to paragraph (a)(1), 
paragraph (c)(3); adding paragraph (c)(4); revising paragraph (e); 
redesignating paragraph (g) as paragraph (h); and adding new paragraph 
(g). This amendment contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

                       Processing of Applications



Sec.  25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
a unique station identifier for administrative convenience. Neither the 
assignment of a file number and/or other identifier nor the listing of 
the application on public notice as received for filing indicates that 
the application has been found acceptable for filing or precludes 
subsequent return or dismissal of the application if it is found to be 
defective or not in accordance with the Commission's rules.

[78 FR 8425, Feb. 6, 2013]



Sec.  25.151  Public notice.

    (a) At regular intervals, the Commission will issue public notices 
listing:
    (1) The receipt of applications for new station authorizations, 
except applications for space station licenses filed pursuant to Sec.  
25.110(b)(3)(i) or (ii) of this part;
    (2) The receipt of applications for license or registration of 
receive-only earth stations;
    (3) The receipt of applications for major modifications to station 
authorizations;
    (4) The receipt of major amendments to pending applications;
    (5) The receipt of applications to assign or transfer control of 
space station facilities, transmitting earth station facilities, or 
international receive-only earth station facilities;
    (6) Significant Commission actions regarding applications;
    (7) Information that the Commission in its discretion believes to be 
of public significance;
    (8) Special environmental considerations as required by part 1 of 
this chapter;
    (9) Submission of Coordination Requests and Appendix 30B filings to 
the ITU in response to requests filed pursuant to Sec.  25.110(b)(3)(i) 
and (b)(3)(ii);
    (10) The receipt of space station application information filed 
pursuant to Sec.  25.110(b)(3)(iii); and
    (11) The receipt of notifications of non-routine transmission filed 
pursuant to Sec.  25.140(d).
    (b) Special public notices may also be issued at other times under 
special circumstances involving non-routine matters where speed is of 
the essence and efficiency of Commission process will be served thereby.
    (c) A public notice will not normally be issued for receipt of any 
of the following applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station;
    (2) For temporary authorization pursuant to Sec.  25.120.
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934, as amended [47 U.S.C. 308(a)];
    (4) For consent to an involuntary assignment or transfer of control 
of a transmitting earth station authorization; or
    (5) For consent to an assignment or transfer of control of a space 
station authorization or a transmitting earth station authorization, 
where the assignment or transfer does not involve a substantial change 
in ownership or control; or
    (6) For change in location of an earth station operating in the 4/6 
GHz and 10.95-11.7 GHz bands by no more than 1[sec] in latitude and/or 
longitude and for change in location of an earth station operating in 
the 12/14 GHz bands by no more than 10[sec] in latitude and/or 
longitude.
    (d) Except as specified in paragraph (e) of this section, no 
application that has appeared on public notice will be granted until the 
expiration of a period

[[Page 219]]

of thirty days following the issuance of the public notice listing the 
application, or any major amendment thereto. Any comments or petitions 
must be delivered to the Commission by that date in accordance with 
Sec.  25.154.
    (e)(1) Applicants seeking authority to operate a temporary fixed 
earth station pursuant to Sec.  25.277 may consider their applications 
``provisionally granted,'' and may initiate operations upon the 
placement of the complete FCC Form 312 application on public notice, 
provided that
    (i) The temporary fixed earth station will operate only in the 
conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands);
    (ii) The temporary fixed earth station's operations will be 
consistent with all routine-licensing requirements for the conventional 
Ku-band; and
    (iii) The temporary fixed earth station's operations will be limited 
to satellites on the Permitted Space Station List.
    (2) Applications for authority granted pursuant to paragraph (e)(1) 
of this section shall be placed on public notice pursuant to paragraph 
(a)(1) of this section. If no comments or petitions are filed within 30 
days of the public notice date, the authority granted will be considered 
a regular temporary fixed earth station authorization as of 30 days 
after the public notice date. If a comment or petition is filed within 
30 days of the public notice date, the applicant must suspend operations 
immediately pending resolution of the issues raised in that comment or 
petition.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993; 70 
FR 32254, June 2, 2005; 81 FR 55333, Aug. 18, 2016]



Sec.  25.152  [Reserved]



Sec.  25.153  Repetitious applications.

    (a) Where an application has been denied or dismissed with 
prejudice, the Commission will not consider a like application involving 
service of the same kind to the same area by the same applicant, or by 
its successor or assignee, or on behalf of or for the benefit of any of 
the original parties in interest, until after the lapse of 12 months 
from the effective date of the Commission's action.
    (b) Where an appeal has been taken from the action of the Commission 
denying a particular application, another application for the same class 
of station and for the same area, in whole or in part, filed by the same 
applicant or by his successor or assignee, or on behalf or for the 
benefit of the original parties in interest, will not be considered 
until the final disposition of the appeal.

[56 FR 24016, May 28, 1991, as amended at 79 FR 8320, Feb. 12, 2014]



Sec.  25.154  Opposition to applications and other pleadings.

    (a) Petitions to deny, petitions for other forms of relief, and 
other objections or comments must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers, and radio service 
involved) with which it is concerned;
    (2) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of the application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline);
    (3) Filed in accordance with the pleading limitations, periods and 
other applicable provisions of Sec. Sec.  1.41 through 1.52 of this 
chapter, except that such petitions must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (4) Contain specific allegations of fact (except for those of which 
official notice may be taken) to support the specific relief requested, 
which shall be supported by affidavit of a person or persons with 
personal knowledge thereof, and which shall be sufficient to demonstrate 
that the petitioner (or respondent) is a party of interest and that a 
grant of, or other Commission action regarding, the application would be 
prima facie inconsistent with the public interest; and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date the pleading is filed with the 
Commission.
    (b) The Commission will classify as informal objections:

[[Page 220]]

    (1) Any pleading not filed in accordance with paragraph (a) of this 
section;
    (2) Any pleading to which the thirty (30) day public notice period 
of Sec.  25.151 does not apply; or
    (3) Any objections to the grant of an application when the 
objections do not conform to either paragraph (a) of this section or to 
other Commission rules and requirements.
    (c) Except for opposition to petitions to deny an application filed 
pursuant to Sec.  25.220, oppositions to petitions to deny an 
application or responses to comments and informal objections regarding 
an application may be filed within 10 days after the petition, comment, 
or objection is filed and must be in accordance with other applicable 
provisions of Sec. Sec.  1.41 through 1.52 of this chapter, except that 
such oppositions must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable provisions 
of part 1, subpart Y of this chapter.
    (d) Reply comments by a party that filed a petition to deny may be 
filed in response to pleadings filed pursuant to paragraph (c) or (e) of 
this section within 5 days after expiration of the time for filing 
oppositions unless the Commission extends the filing deadline and must 
be in accordance with other applicable provisions of Sec. Sec.  1.41 
through 1.52 of this chapter, except that such reply comments must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart Y 
of this chapter.
    (e) Within 30 days after a petition to deny an application filed 
pursuant to Sec.  25.220 is filed, the applicant may file an opposition 
to the petition and must file a statement with the Commission, either in 
conjunction with, or in lieu of, such opposition, explaining whether the 
applicant has resolved all outstanding issues raised by the petitioner. 
This statement and any conjoined opposition must be in accordance with 
the provisions of Sec. Sec.  1.41 through 1.52 of this chapter 
applicable to oppositions to petitions to deny, except that such reply 
comments must be filed electronically through the International Bureau 
Filing System (IBFS) in accordance with the applicable provisions of 
part 1, subpart Y of this chapter.

[56 FR 24016, May 28, 1991, as amended at 69 FR 47795, Aug. 6, 2004; 70 
FR 32254, June 2, 2005; 79 FR 8320, Feb. 12, 2014]



Sec.  25.155  Mutually exclusive applications.

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

[68 FR 51505, Aug. 27, 2003, as amended at 81 FR 55333, Aug. 18, 2016]



Sec.  25.156  Consideration of applications.

    (a) Applications for a radio station authorization, or for 
modification or renewal of an authorization, will be granted if, upon 
examination of the application, any pleadings or objections filed, and 
upon consideration of such other matters as it may officially notice, 
the Commission finds that the applicant is legally, technically, and 
otherwise qualified, that the proposed facilities and operations comply 
with all applicable rules, regulations, and policies, and that grant of 
the application will serve the public interest, convenience and 
necessity.
    (b) [Reserved]
    (c) Reconsideration or review of any final action taken by the 
Commission

[[Page 221]]

will be in accordance with subpart A of part 1 of this chapter.
    (d)(1) Applications for NGSO-like satellite operation will be 
considered pursuant to the procedures set forth in Sec.  25.157, except 
as provided in Sec.  25.157(b).
    (2) Applications for GSO-like satellite operation will be considered 
pursuant to the procedures set forth in Sec.  25.158, except as provided 
in Sec.  25.158(a)(2).
    (3) Applications for both NGSO-like satellite operation and GSO-like 
satellite operation in two or more service bands will be treated as 
separate applications for each service band, and each service band 
request will be considered pursuant to Sec.  25.157 or Sec.  25.158, as 
appropriate.
    (4) Applications for feeder-link authority or inter-satellite link 
authority will be treated like an application separate from its 
associated service band. Each feeder-link request or inter-satellite 
link request will be considered pursuant to the procedure for 
applications for GSO-like operation or NGSO-like operation, as 
applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider applications 
for NGSO-like satellite operation after it has granted an application 
for GSO-like operation in the same frequency band, and it will not 
consider applications for GSO-like operation after it has granted an 
application for NGSO-like operation in the same band, unless and until 
the Commission establishes NGSO/GSO sharing criteria for that frequency 
band. In the event that the Commission receives applications for NGSO-
like operation and applications for GSO-like operation at the same time, 
and the Commission has not adopted sharing criteria in that band, the 
Commission will divide the spectrum between GSO-like and NGSO-like 
licensees based on the proportion of qualified GSO-like and NGSO-like 
applicants.
    (6) An application for DBS or DARS services will be entitled to 
comparative consideration with one or more conflicting applications only 
if:
    (i) The application is mutually exclusive with another application; 
and
    (ii) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51505, Aug. 27, 2003; 81 
FR 55333, Aug. 18, 2016]



Sec.  25.157  Consideration of applications for NGSO-like satellite 
operation.

    (a) This section specifies the procedures for considering license 
applications for ``NGSO-like'' satellite operation, except as provided 
in paragraph (b) of this section. For purposes of this section, the term 
``NGSO-like satellite operation'' means:
    (1) Operation of any NGSO satellite system, and
    (2) Operation of a GSO MSS satellite to communicate with earth 
stations with non-directional antennas.
    (b) The procedures prescribed in this section do not apply to an 
application for authority to launch and operate a replacement space 
station, or stations, that meet the relevant criteria in Sec.  
25.165(e)(1) and (e)(2) and that will be launched before the space 
station(s) to be replaced are, or is, retired from service or within a 
reasonable time after loss of a space station during launch or due to 
premature failure in orbit.
    (c) Each application for NGSO-like satellite operation that is 
acceptable for filing under Sec.  25.112, except replacement 
applications described in paragraph (b) of this section, will be 
reviewed to determine whether it is a ``competing application,'' i.e., 
filed in response to a public notice initiating a processing round, or a 
``lead application,'' i.e., all other applications for NGSO-like 
satellite operation.
    (1) Competing applications that are acceptable for filing will be 
placed on public notice to provide interested parties an opportunity to 
file pleadings in response to the application pursuant to Sec.  25.154.
    (2) Lead applications that are acceptable for filing will be placed 
on public notice. This public notice will initiate a processing round, 
establish a cut-off date for competing NGSO-like satellite system 
applications, and provide interested parties an opportunity to file 
pleadings in response to the application pursuant to Sec.  25.154.
    (d) After review of each of the applications in the processing 
round, and all

[[Page 222]]

the pleadings filed in response to each application, the Commission will 
grant all the applications that meet the standards of Sec.  25.156(a), 
and deny the other applications.
    (e)(1) In the event that there is insufficient spectrum in the 
frequency band available to accommodate all the qualified applicants in 
a processing round, the available spectrum will be divided equally among 
the licensees whose applications are granted pursuant to paragraph (d) 
of this section, except as set forth in paragraph (e)(2) of this 
section.
    (2) In cases where one or more applicants apply for less spectrum 
than they would be warranted under paragraph (e)(1) of this section, 
those applicants will be assigned the bandwidth amount they requested in 
their applications. In those cases, the remaining qualified applicants 
will be assigned the lesser of the amount of spectrum they requested in 
their applications, or the amount of spectrum that they would be 
assigned if the available spectrum were divided equally among the 
remaining qualified applicants.
    (f)(1) Each licensee will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec.  1.47 of this 
chapter.
    (2) The licensee shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection in both 
the uplink and downlink band shall not preclude other licensees from 
selecting contiguous bandwidth.
    (3) If two or more licensees in a processing round request the same 
band segment, all licensees other than the first one to request that 
particular band segment will be required to make another selection.
    (g)(1) In the event that a license granted in a processing round 
pursuant to this section is cancelled for any reason, the Commission 
will redistribute the bandwidth allocated to that applicant equally 
among the remaining applicants whose licenses were granted concurrently 
with the cancelled license, unless the Commission determines that such a 
redistribution would not result in a sufficient number of licensees 
remaining to make reasonably efficient use of the frequency band.
    (2) In the event that the redistribution of bandwidth set forth in 
paragraph (g)(1) of this section would not result in a sufficient number 
of licensees remaining to make reasonably efficient use of the frequency 
band, the Commission will issue a public notice initiating a processing 
round, as set forth in paragraph (c) of this section, to invite parties 
to apply for an NGSO-like satellite system license to operate in a 
portion of the bandwidth made available as a result of the cancellation 
of the initial applicant's license. Parties already holding licenses for 
NGSO-like satellite operation in that frequency band will not be 
permitted to participate in that processing round.
    (h) Services offered pursuant to an NGSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec.  25.217.

[68 FR 51505, Aug. 27, 2003, as amended at 81 FR 55334, Aug. 18, 2016; 
81 FR 75344, Oct. 31, 2016]



Sec.  25.158  Consideration of applications for GSO-like satellite
operation.

    (a)(1) This section specifies the procedures for considering license 
applications for ``GSO-like'' satellite operation, except as provided in 
paragraph (a)(2) of this section. For purposes of this section, the term 
``GSO-like satellite operation'' means operation of a GSO satellite to 
communicate with earth stations with directional antennas, including 
operation of GSO satellites to provide MSS feeder links.
    (2) The procedures prescribed in this section do not apply to an 
application for authority to launch and operate a replacement space 
station that meets the relevant criteria in Sec.  25.165(e)(1) and 
(e)(2) and that will be launched before the space station to be replaced 
is retired from service or within a reasonable time after loss of a 
space station during launch or due to premature failure in orbit.

[[Page 223]]

    (b) Except as provided in paragraph (a)(2) of this section, license 
applications for GSO-like satellite operation, including first-step 
filings pursuant to Sec.  25.110(b)(3)(i) or (ii), will be placed in a 
queue and considered in the order that they are filed, pursuant to the 
following procedure:
    (1) The application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec.  25.112. If not, the 
application will be returned to the applicant.
    (2) If the application is acceptable for filing under Sec.  25.112, 
the application will be placed on public notice pursuant to Sec.  
25.151.
    (i) For applications filed pursuant to Sec.  25.110(b)(3)(i) or 
(b)(3)(ii), the public notice will announce that the Coordination 
Request or Appendix 30B filing has been submitted to the ITU. When 
further information is filed pursuant to Sec.  25.110(b)(3)(iii), it 
will be reviewed to determine whether it is substantially complete 
within the meaning of Sec.  25.112. If so, a second public notice will 
be issued pursuant to Sec.  25.151 to give interested parties an 
opportunity to file pleadings pursuant to Sec.  25.154.
    (ii) For any other license application for GSO-like satellite 
operation, the public notice will announce that the application has been 
found acceptable for filing and will give interested parties an 
opportunity to file pleadings pursuant to Sec.  25.154.
    (3) The application will be granted only if it meets each of the 
following criteria:
    (i) After review of the application and any pleadings filed in 
response to that application, the Commission finds that the application 
meets the standards of Sec.  25.156(a); and
    (ii) The proposed satellite will not cause harmful interference to 
any previously licensed operations.
    (c) A license applicant for GSO-like satellite operation must not 
transfer, assign, or otherwise permit any other entity to assume its 
place in any queue.
    (d) In the event that two or more applications for GSO-like 
satellite operation are mutually exclusive within the meaning of Sec.  
25.155(c), the Commission will consider those applications pursuant to 
the following procedure:
    (1) Each application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec.  25.112. Any 
application not found acceptable for filing will be returned to the 
applicant.
    (2) All applications that are acceptable for filing will be placed 
on public notice pursuant to Sec.  25.151, and interested parties will 
be given an opportunity to file pleadings pursuant to Sec.  25.154.
    (3) Each application will be granted if it meets the criteria of 
paragraph (b)(3) of this section, and otherwise will be denied.
    (4) In the event that two or more applications are granted pursuant 
to paragraph (d)(3) of this section, the available bandwidth at the 
orbital location or locations in question will be divided equally among 
those licensees.
    (5) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec.  1.47 of this 
chapter.
    (6) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection shall not 
preclude other licensees from selecting contiguous bandwidth.
    (7) If two or more licensees whose licenses are granted pursuant to 
paragraph (d)(4) of this section request the same band segment, all 
licensees other than the first one to request that particular band 
segment will be required to make another selection.
    (e) Services offered pursuant to a GSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec.  25.217.

[68 FR 51506, Aug. 27, 2003, as amended at 81 FR 55334, Aug. 18, 2016]

[[Page 224]]



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

    (a) [Reserved]
    (b) Applicants with an application for one NGSO-like satellite 
system license on file with the Commission in a particular frequency 
band, or one licensed-but-unbuilt NGSO-like satellite system in a 
particular frequency band, will not be permitted to apply for another 
NGSO-like satellite system license in that frequency band.
    (c) If an applicant has an attributable interest in one or more 
other entities seeking one or more space station licenses, the pending 
applications and licensed-but-unbuilt satellite systems filed by those 
other entities will be counted as filed by the applicant for purposes of 
the limits on the number of pending space station applications and 
licensed-but-unbuilt satellite systems in this paragraph. For purposes 
of this paragraph, an applicant has an ``attributable interest'' in 
another entity if:
    (1) It holds equity (including all stockholdings, whether voting or 
nonvoting, common or preferred) and debt interest or interests, in the 
aggregate, exceed thirty-three (33) percent of the total asset value 
(defined as the aggregate of all equity plus all debt) of that entity, 
or
    (2) It holds a controlling interest in that entity, or is the 
subsidiary of a party holding a controlling interest in that entity, 
within the meaning of 47 CFR 1.2110(b)(2).
    (3) For purposes of paragraphs (c)(1) and (c)(2) of this section, 
ownership interests shall be calculated on a fully diluted basis, i.e., 
all agreements, such as warrants, stock options, and convertible 
debentures, will generally be treated as if the rights thereunder 
already have been fully exercised.
    (d) In the event that a licensee misses three or more milestones 
within any three-year period, the Commission will presume that the 
licensee obtained one or more of those licenses for speculative 
purposes. Unless the licensee rebuts this presumption, it will not be 
permitted to apply for a GSO-like satellite or an NGSO-like satellite 
system in any frequency band if it has two or more satellite 
applications pending, or two licensed-but-unbuilt satellite systems of 
any kind. This limit will remain in effect until the licensee provides 
adequate information to demonstrate that it is very likely to construct 
its licensed facilities if it were allowed to file more applications.
    (e) For purposes of this section, ``frequency band'' means one of 
the paired frequency bands available for satellite service listed in 
Sec.  25.202.

[68 FR 51506, Aug. 27, 2003, as amended at 81 FR 55334, Aug. 18, 2016]

   Forfeiture, Termination, and Reinstatement of Station Authorization



Sec.  25.160  Administrative sanctions.

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



Sec.  25.161  Automatic termination of station authorization.

    A station authorization shall be automatically terminated in whole 
or in part without further notice to the licensee upon:

[[Page 225]]

    (a)(1) Failure to meet any applicable milestone for implementation 
of the licensed satellite system specified in Sec.  25.164(a) and/or 
(b), without demonstrating that the failure was caused by circumstances 
beyond the licensee's control, or
    (2) If there are no applicable milestones for implementation of the 
licensed satellite system specified in Sec.  25.164(a) and/or (b), the 
expiration of the required date of completion of construction or other 
required action specified in the authorization, or after any additional 
time authorized by the Commission, if a certification of completion of 
the required action has not been filed with the Commission unless a 
request for an extension of time has been filed with the Commission but 
has not been acted on.
    (b) The expiration of the license term, unless, in the case of an 
earth station license, an application for renewal of the license has 
been filed with the Commission pursuant to Sec.  25.121(e) or, in the 
case of a space station license, an application for extension of the 
license term has been filed with the Commission; or
    (c) The removal or modification of the facilities which renders the 
station not operational for more than 90 days, unless specific authority 
is requested.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51507, Aug. 27, 2003; 78 
FR 8425, Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014]



Sec.  25.162  Cause for termination of interference protection.

    The protection from interference afforded by the registration of a 
receiving earth station shall be automatically terminated if:
    (a) The request for registration is not submitted to the Commission 
within 3 months of the completion of the frequency coordination process, 
except as provided for in Sec.  25.203;
    (b) The receiving earth station is not constructed and placed into 
service within 6 months after completion of coordination;
    (c) The Commission finds that the station has been used less than 
50% of the time during any 12 month period;
    (d) The Commission finds that the station has been used for an 
unlawful purpose or otherwise in violation of the Commission's rules, 
regulations or policies;
    (e) The Commission finds that the actual use of the facility is 
inconsistent with what was set forth in the registrant's application; or
    (f) The Commission finds that the frequency coordination exhibit, 
upon which the granted registration is based, is incomplete or does not 
conform with established coordination procedures.



Sec.  25.163  Reinstatement.

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

[56 FR 24016, May 28, 1991, as amended at 81 FR 55334, Aug. 18, 2016]



Sec.  25.164  Milestones.

    (a) The recipient of an initial license for a GSO space station, 
other than a DBS or SDARS space station, granted on or after August 27, 
2003, must launch the space station, position it in its assigned orbital 
location, and operate it in accordance with the station authorization no 
later than five years after the grant of the license, unless a different 
schedule is established by Title 47, Chapter I, or the Commission.

[[Page 226]]

    (b) The recipient of an initial license for an NGSO satellite 
system, other than a DBS or SDARS satellite system, granted on or after 
September 11, 2003, must launch the space stations, place them in the 
assigned orbits, and operate them in accordance with the station 
authorization no later than six years after the grant of the license, 
unless a different schedule is established by Title 47, Chapter I, or 
the Commission.
    (c)-(e) [Reserved]
    (f) A licensee subject to the requirements in paragraph (a) or (b) 
of this section must either demonstrate compliance with the applicable 
requirement or notify the Commission in writing that the requirement was 
not met, within 15 days after the specified deadline. Compliance with a 
milestone requirement in paragraph (a) or (b) of this section may be 
demonstrated by certifying pursuant to Sec.  25.121(d) that the space 
station(s) in question, has, or have, been launched and placed in the 
authorized orbital location or non-geostationary orbit(s) and that in-
orbit operation of the space station or stations has been tested and 
found to be consistent with the terms of the authorization.
    (g) Licensees of satellite systems that include both NGSO satellites 
and GSO satellites, other than DBS and SDARS satellite systems, must 
meet the requirement in paragraph (a) of this section with respect to 
the GSO satellite(s) and the requirement in paragraph (b) of this 
section with respect to the NGSO satellites.
    (h) In cases where the Commission grants a satellite authorization 
in different stages, such as a license for a satellite system using 
feeder links or inter-satellite links, the earliest of the milestone 
schedules will be applied to the entire satellite system.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004; 
79 FR 8320, Feb. 12, 2014; 81 FR 55334, Aug. 18, 2016]



Sec.  25.165  Surety bonds.

    (a) For all space station licenses issued after September 20, 2004, 
other than licenses for DBS space stations, SDARS space stations, and 
replacement space stations as defined in paragraph (e) of this section, 
the licensee must post a bond within 30 days of the grant of its 
license. Failure to post a bond will render the license null and void 
automatically.
    (1) An NGSO licensee must have on file a surety bond requiring 
payment in the event of default as defined in paragraph (c) of this 
section, in an amount, at a minimum, determined according to the 
following formula, with the resulting dollar amount rounded to the 
nearest $10,000: A = $1,000,000 + $4,000,000 * D/2192, where A is the 
amount to be paid and D is the lesser of 2192 or the number of days that 
elapsed from the date of license grant until the date when the license 
was surrendered.
    (2) A GSO licensee must have on file a surety bond requiring payment 
in the event of default as defined in paragraph (c) of this section, in 
an amount, at a minimum, determined according to the following formula, 
with the resulting dollar amount rounded to the nearest $10,000: A = 
$1,000,000 + $2,000,000 * D/1827, where A is the amount to be paid and D 
is the lesser of 1827 or the number of days that elapsed from the date 
of license grant until the date when the license was surrendered.
    (3) Licensees of satellite systems including both NGSO space 
stations and GSO space stations that will operate in the same frequency 
bands must file a surety bond requiring payment in the event of default 
as defined in paragraph (c) of this section, in an amount, at a minimum, 
to be determined according to the formula in paragraph (a)(1) of this 
section.
    (b) The licensee must use a surety company deemed acceptable within 
the meaning of 31 U.S.C. 9304 et seq. (See, e.g., Department of Treasury 
Fiscal Service, Companies Holding Certificates of Authority as 
Acceptable Sureties on Federal Bonds and As Acceptable Reinsurance 
Companies, 57 FR 29356, July 1, 1992.) The bond must name the U.S. 
Treasury as beneficiary in the event of the licensee's default. The 
licensee must provide the Commission with a copy of the performance 
bond, including all details and conditions.
    (c) A licensee will be considered to be in default with respect to a 
bond filed pursuant to paragraph (a) of this section if it surrenders 
the license before

[[Page 227]]

meeting all milestone requirements or if it fails to meet any milestone 
deadline set forth in Sec.  25.164, and, at the time of milestone 
deadline, the licensee has not provided a sufficient basis for extending 
the milestone.
    (d) [Reserved]
    (e) A replacement space station is one that:
    (1) Is authorized to operate at an orbital location within 0.15[deg] of the assigned location of a GSO space 
station to be replaced or is authorized for NGSO operation and will 
replace an existing NGSO space station in its authorized orbit;
    (2) Is authorized to operate in the same frequency bands, and with 
the same coverage area as the space station to be replaced; and
    (3) Is scheduled to be launched so that it will be brought into use 
at approximately the same time as, but no later than, the existing space 
station is retired.
    (f) An applicant that has submitted a Coordination Request pursuant 
to Sec.  25.110(b)(3)(i) or an Appendix 30B filing pursuant to Sec.  
25.110(b)(3)(ii) must obtain a surety bond in the amount of $500,000 in 
accordance with the requirements in paragraph (b) of this section for 
licensees. The application will be returned as defective pursuant to 
Sec.  25.112 if a copy of the required bond is not filed with the 
Commission within 30 days after release of a public notice announcing 
that the Commission has submitted the Coordination Request or Appendix 
30B filing to the ITU.
    (g) An applicant will be considered to be in default with respect to 
a bond filed pursuant to paragraph (f) of this section if the applicant 
fails to submit a complete, acceptable license application pursuant to 
Sec.  25.110(b)(3)(iii) for the operation proposed in the initial 
application materials filed pursuant to Sec.  25.110(b)(3)(i) or 
(b)(3)(ii) within two years of the date of submission of the initial 
application materials.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004; 
81 FR 55335, Aug. 18, 2016]

           Reporting Requirements For Space Station Operators



Sec.  25.170  Annual reporting requirements.

    All operators of U.S.-licensed space stations and operators of non-
U.S.-licensed space stations granted U.S. market access must, on June 30 
of each year, file a report with the International Bureau containing the 
following information:
    (a) Identification of any space station(s) not available for service 
or otherwise not performing to specifications as of May 31 of the 
current year, any spectrum within the scope of the part 25 license or 
market access grant that the space station is unable to use, the 
cause(s) of these difficulties, and the date when the space station was 
taken out of service or the malfunction was identified; and
    (b) A current listing of the names, titles, addresses, email 
addresses, and telephone numbers of the points of contact for resolution 
of interference problems and for emergency response. Contact personnel 
should include those responsible for resolution of short term, immediate 
interference problems at the system control center, and those 
responsible for long term engineering and technical design issues.
    (c) Construction progress and anticipated launch dates for 
authorized replacement satellites.

    Note to Sec.  25.170: Space station operators may also be subject to 
outage reporting requirements in part 4 of this chapter.

[79 FR 8321, Feb. 12, 2014]



Sec.  25.171  Contact information reporting requirements.

    If contact information filed in space station application or 
pursuant to Sec.  25.170(b) or Sec.  25.172(a)(1) changes, the operator 
must file corrected information electronically in the Commission's 
International Bureau Filing System (IBFS), in the ``Other Filings'' tab 
of the station's current authorization file. The operator must file the 
updated information within 10 days.

[79 FR 8321, Feb. 12, 2014]

[[Page 228]]



Sec.  25.172  Requirements for reporting space station control arrangements.

    (a) The operator of any space station licensed by the Commission or 
granted U.S. market access must file the following information with the 
Commission prior to commencing operation with the space station, or, in 
the case of a non-U.S.-licensed space station, prior to commencing 
operation with U.S. earth stations.
    (1) The information required by Sec.  25.170(b).
    (2) The call signs of any telemetry, tracking, and command earth 
station(s) communicating with the space station from any site in the 
United States.
    (3) The location, by city and country, of any telemetry, tracking, 
and command earth station that communicates with the space station from 
any point outside the United States.
    (4) Alternatively, instead of listing the call signs and/or 
locations of earth stations currently used for telemetry, tracking, and 
command, the space station operator may provide 24/7 contact information 
for a satellite control center and a list of the call signs of any U.S. 
earth stations, and the locations of any non-U.S. earth stations, that 
are used or may be used for telemetry, tracking, and command 
communication with the space station(s) in question.
    (b) The information required by paragraph (a) of this section must 
be filed electronically in the Commission's International Bureau Filing 
System (IBFS), in the ``Other Filings'' tab of the space station's 
current authorization file. If call sign or location information 
provided pursuant to paragraph (a) of this section becomes invalid due 
to a change of circumstances, the space station operator must file 
updated information in the same manner within 30 days, except with 
respect to changes less than 30 days in duration, for which no update is 
necessary.

[79 FR 8321, Feb. 12, 2014]



Sec.  25.173  Results of in-orbit testing.

    (a) Space station operators must measure the co-polarized and cross-
polarized performance of space station antennas through in-orbit testing 
and submit the measurement data to the Commission upon request.
    (b) Within 15 days after completing in-orbit testing of a space 
station licensed under this part, the operator must notify the 
Commission that such testing has been completed and certify that the 
space station's measured performance is consistent with the station 
authorization and that the space station is capable of using its 
assigned frequencies or inform the Commission of any discrepancy. The 
licensee must also indicate in the filing whether the space station has 
been placed in the assigned geostationary orbital location or non-
geostationary orbit. If the licensee files a certification pursuant to 
this paragraph before the space station has been placed in its assigned 
orbit or orbital location, the licensee must separately notify the 
Commission that the space station has been placed in such orbit or 
orbital location within 3 days after such placement and that the 
station's measured performance is consistent with the station 
authorization.

[79 FR 8321, Feb. 12, 2014]



                      Subpart C_Technical Standards

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



Sec.  25.201  [Reserved]



Sec.  25.202  Frequencies, frequency tolerance, and emission limits.

    (a)(1) Frequency band. The following frequencies are available for 
use by the Fixed-Satellite Service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis. Refer to the U.S. 
Table of Frequency Allocations, 47 CFR 2.106, including relevant 
footnotes, for band-specific use restrictions and coordination 
requirements. Restrictions and coordination conditions not mentioned in 
the Table of Frequency Allocations are set forth in the annotations to 
the following list:

------------------------------------------------------------------------
                                                          Earth-to-space
                  Space-to-Earth (GHz)                         (GHz)
------------------------------------------------------------------------
3.6-3.65................................................  \6\ 5.091-5.25
3.65-3.7................................................      5.85-5.925
3.7-4.2.................................................     5.925-6.425
4.5-4.8.................................................     6.425-6.525
6.7-7.025 \6\...........................................       6.525-6.7

[[Page 229]]

 
7.025-7.075.............................................       6.7-7.025
10.7-11.7 \6\...........................................     7.025-7.075
11.7-12.2...............................................      12.7-12.75
12.2-12.7...............................................      \6\ 12.75-
                                                                   13.25
18.3-18.58..............................................        13.75-14
18.58-18.8..............................................         14-14.2
18.8-19.3...............................................       14.2-14.5
19.3-19.7...............................................      \6\ 15.43-
                                                                   15.63
19.7-20.2...............................................       17.3-17.8
37.5-40 \1\.............................................     24.75-25.05
40-42...................................................     25.05-25.25
                                                          \7\ 27.5-28.35
                                                          \2\ 28.35-28.6
                                                           \3\ 28.6-29.1
                                                          \4\ 29.1-29.25
                                                          \5\ 29.25-29.5
                                                           \2\ 29.5-30.0
                                                               47.2-50.2
------------------------------------------------------------------------
\1\ Use of this band by the Fixed-Satellite Service is limited to
  individually licensed earth stations. Satellite earth station
  facilities in this band may not be ubiquitously deployed and may not
  be used to serve individual consumers.
\2\ This band is primary for GSO FSS and secondary for NGSO FSS.
\3\ This band is primary for NGSO FSS and secondary for GSO FSS.
\4\ This band is primary for NGSO MSS feeder links and LMDS hub-to-
  subscriber transmission.
\5\ This band is primary for NGSO MSS feeder links and GSO FSS.
\6\ Use of this band by NGSO FSS systems is limited to transmissions to
  or from gateway earth stations.
\7\ The Fixed-Satellite Service is secondary to the Uppefor r Microwave
  Flexible Use Service authorized pursuant to 47 CFR part 30, except for
  FSS operations associated with earth stations authorized pursuant to
  47 CFR 25.136.

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

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

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

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

    (ii) The following frequencies are available for use by the 2 GHz 
Mobile-Satellite Service: 2000-2020 MHz: User-to-Satellite Link; 2180-
2200 MHz: Satellite-to-User Link.
    (iii)(A) The following frequencies are available for use by the 1.5/
1.6 GHz Mobile-Satellite Service:

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

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

22.55-23.00 GHz
23.00-23.55 GHz
24.45-24.65 GHz
24.65-24.75 GHz
54.25-56.90 GHz
57.00-58.20 GHz
65.00-71.00 GHz

    (6) The following frequencies are available for use by the Satellite 
Digital Audio Radio Service (SDARS), and for any associated terrestrial 
repeaters: 2320-2345 MHz (space-to-Earth)
    (7) The following frequencies are available for use by the Direct 
Broadcast Satellite service:

12.2-12.7 GHz: Space-to-Earth.
12.2-12.7 GHz: Space-to-Earth.

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

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

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

17.3-17.7 GHz (space-to-Earth)
17.7-17.8 GHz (space-to-Earth)

    Note 1 to paragraph (a)(9): Use of the 17.3-17.7 GHz band by the 
broadcasting-satellite service is limited to geostationary satellite 
orbit systems.
    Note 2 to paragraph (a)(9): Use of the 17.7-17.8 GHz band (space-to-
Earth) by the broadcasting-satellite service is limited to transmissions 
from geostationary satellite orbit systems to receiving earth stations 
located outside of the United States and its Possessions. In the United 
States and its Possessions, the 17.7-17.8 GHz band is allocated on a 
primary basis to the Fixed Service.

    (10)(i) The following frequencies are available for use by Vehicle-
Mounted Earth Stations (VMESs):

10.95-11.2GHz (space-to-Earth)
11.45-11.7GHz (space-to-Earth)

[[Page 230]]

11.7-12.2GHz (space-to-Earth)
14.0-14.5GHz (Earth-to-space)

    (ii) VMESs shall be authorized as set forth in Sec.  25.226.
    (11)(i) The following frequencies are available for use by Earth 
Stations Aboard Aircraft (ESAA):

10.95-11.2 GHz (space-to-Earth)
11.45-11.7 GHz (space-to-Earth)
11.7-12.2 GHz (space-to-Earth)
14.0-14.5 GHz (Earth-to-space)

    (ii) ESAAs shall be authorized as set forth in Sec.  25.227.
    (12) The following frequencies are available for use by the mobile-
satellite service (Earth-to-space) for the reception of Automatic 
Identification Systems (AIS) broadcast messages from ships:

156.7625-156.7875 MHz
156.8125-156.8375 MHz
161.9625-161.9875 MHz
162.0125-162.0375 MHz

    (b) Other frequencies and associated bandwidths of emission may be 
assigned on a case-by-case basis to space systems under this part in 
conformance with Sec.  2.106 of this chapter and the Commission's rules 
and policies.
    (c) [Reserved]
    (d) Frequency tolerance, Earth stations. The carrier frequency of 
each earth station transmitter authorized in these services shall be 
maintained within 0.001 percent of the reference frequency.
    (e) Frequency tolerance, space stations. The carrier frequency of 
each space station transmitter authorized in these services shall be 
maintained within 0.002 percent of the reference frequency.
    (f) Emission limitations. Except for SDARS terrestrial repeaters and 
as provided for in paragraph (i), the mean power of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the schedule set forth in paragraphs (f)(1) through (f)(4) of this 
section. The out-of-band emissions of SDARS terrestrial repeaters shall 
be attenuated in accordance with the schedule set forth in paragraph (h) 
of this section.
    (1) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 50 percent up to and including 100 
percent of the authorized bandwidth: 25 dB;
    (2) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 100 percent up to and including 250 
percent of the authorized bandwidth: 35 dB;
    (3) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 250 percent of the authorized 
bandwidth: An amount equal to 43 dB plus 10 times the logarithm (to the 
base 10) of the transmitter power in watts;
    (4) In any event, when an emission outside of the authorized 
bandwidth causes harmful interference, the Commission may, at its 
discretion, require greater attenuation than specified in paragraphs (f) 
(1), (2) and (3) of this section.
    (g)(1) Telemetry, tracking, and command signals may be transmitted 
in frequencies within the assigned bands that are not at a band edge 
only if the transmissions cause no greater interference and require no 
greater protection from harmful interference than the communications 
traffic on the satellite network or have been coordinated with operators 
of authorized co-frequency space stations at orbital locations within 
six degrees of the assigned orbital location.
    (2) Frequencies, polarization, and coding of telemetry, tracking, 
and command transmissions must be selected to minimize interference into 
other satellite networks.
    (h) Out-of-band emission limitations for SDARS terrestrial 
repeaters. (1) Any SDARS terrestrial repeater operating at a power level 
greater than 2-watt average EIRP is required to attenuate its out-of-
band emissions below the transmitter power P by a factor of not less 
than 90 + 10 log (P) dB in a 1-megahertz bandwidth outside the 2320-2345 
MHz band, where P is average transmitter output power in watts.
    (2) Any SDARS terrestrial repeater operating at a power level equal 
to or less than 2-watt average EIRP is required to attenuate its out-of-
band emissions below the transmitter power P by a factor of not less 
than 75 + 10 log (P) dB in a 1-megahertz bandwidth outside the 2320-2345 
MHz band, where P is

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average transmitter output power in watts.
    (3) SDARS repeaters are permitted to attenuate out-of-band emissions 
less than the levels specified in paragraphs (h)(1) and (h)(2), of this 
section unless a potentially affected WCS licensee provides written 
notice that it intends to commence commercial service within the 
following 365 days. Starting 180 days after receipt of such written 
notice, SDARS repeaters within the area notified by the potentially 
affected WCS licensee must attenuate out-of-band emissions to the levels 
specified in paragraphs (h)(1) and (h)(2) of this section.
    (4) For the purpose of this section, a WCS licensee is potentially 
affected if it is authorized to operate a base station in the 2305-2315 
MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking to 
operate with an out of band emission attenuation factor less than those 
prescribed in paragraphs (h)(1) or (2) of this section.
    (i) The WCS licensee is authorized to operate a base station in the 
2305-2315 MHz or 2350-2360 MHz bands in the same Major Economic Area 
(MEA) as that in which a SDARS terrestrial repeater is located.
    (ii) The WCS licensee is authorized to operate a base station in the 
2315-2320 MHz or 2345-2350 MHz bands in the same Regional Economic Area 
Grouping (REAG) as that in which a SDARS terrestrial repeater is 
located.
    (iii) A SDARS terrestrial repeater is located within 5 kilometers of 
the boundary of an MEA or REAG in which the WCS licensee is authorized 
to operate a WCS base station.
    (i) The following unwanted emissions power limits for non-
geostationary satellites operating in the inter-satellite service that 
transmit in the 22.55-23.55 GHz band shall apply in any 200 MHz of the 
23.6-24 GHz passive band, based on the date that complete advance 
publication information is received by the ITU's Radiocommunication 
Bureau:
    (1) For information received before January 1, 2020: -36 dBW.
    (2) For information received on or after January 1, 2020: -46 dBW.
    (j) For earth stations in the Fixed-Satellite Service (Earth-to-
space) that transmit in the 49.7-50.2 GHz and 50.4-50.9 GHz bands, the 
unwanted emission power in the 50.2-50.4 GHz band shall not exceed -20 
dBW/200 MHz (measured at the input of the antenna), except that the 
maximum unwanted emission power may be increased to -10 dBW/200 MHz for 
earth stations having an antenna gain greater than or equal to 57 dBi. 
These limits apply under clear-sky conditions. During fading conditions, 
the limits may be exceeded by earth stations when using uplink power 
control.

[30 FR 7176, May 28, 1965]

    Editorial Note: For Federal Register citations affecting Sec.  
25.202, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  25.203  Choice of sites and frequencies.

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

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

[[Page 233]]

    (5) The Commission may, in the course of examining any application, 
require the submission of additional showings, complete with pertinent 
data and calculations in accordance with Sec.  25.251, showing that 
harmful interference is not likely to result from the proposed 
operation.
    (6) Multiple antennas in an NGSO FSS gateway earth station complex 
located within an area bounded by one second of latitude and one second 
of longitude may be regarded as a single earth station for purposes of 
coordination with terrestrial services.
    (d) An applicant for operation of an earth station, other than an 
ESV, VMES or an ESAA, shall also ascertain whether the great circle 
coordination distance contours and rain scatter coordination distance 
contours, computed for those values of parameters indicated in Sec.  
25.251 (Appendix 7 of the ITU RR) for international coordination, cross 
the boundaries of another Administration. In this case, the applicant 
shall furnish the Commission copies of these contours on maps drawn to 
appropriate scale for use by the Commission in effecting coordination of 
the proposed earth station with the Administration(s) affected.
    (e) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado.
    (1) Applicants for a station authorization to operate in the 
vicinity of Boulder County, Colorado under this part are advised to give 
due consideration, prior to filing applications, to the need to protect 
the Table Mountain Radio Receiving Zone from harmful interference. These 
are the research laboratories of the Department of Commerce, Boulder 
County, Colorado. To prevent degradation of the present ambient radio 
signal level at the site, the Department of Commerce seeks to ensure 
that the field strengths of any radiated signals (excluding reflected 
signals) received on this 1800 acre site (in the vicinity of coordinates 
40[deg]07[min]50[sec] N Latitude, 105[deg]14[min]40[sec] W Longitude) 
resulting from new assignments (other than mobile stations) or from the 
modification or relocation of existing facilities do not exceed the 
following values:

------------------------------------------------------------------------
                                                 In authorized bandwidth
                                                       of service
                                               -------------------------
                Frequency range                    Field      Power flux
                                                  strength   density \1\
                                                   (mV/m)     (dBW/m\2\)
------------------------------------------------------------------------
Below 540 kHz.................................           10        -65.8
540 to 1600 kHz...............................           20        -59.8
1.6 to 470 MHz................................           10     \2\-65.8
470 to 890 MHz................................           30     \2\-56.2
Above 890 MHz.................................            1     \2\-85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7 = 120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (2) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.5 kilometers;
    (ii) Stations within 5 kilometers with 50 watts or more average 
effective radi