[Federal Register Volume 59, Number 221 (Thursday, November 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27415]
[[Page Unknown]]
[Federal Register: November 17, 1994]
_______________________________________________________________________
Part II
Federal Communications Commission
_______________________________________________________________________
47 CFR Parts 1 and 22
Public Mobile Services; Final Rule
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 22
[CC Docket Nos. 92-115, 94-46 and 93-116; FCC 94-201]
Public Mobile Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission has completely revised
its Rules governing the Public Mobile Services. These changes are
needed to improve the organization and clarity of the Commission's
Rules by eliminating out-dated provisions and unnecessary information
collection requirements, streamlining and expediting licensing and
processing procedures, and affording licensees greater flexibility in
providing service to the public. The intent of these revisions is to
stimulate economic growth and expand access to mobile radio networks
and services.
EFFECTIVE DATE: January 1, 1995, except for Sec. 22.105(g), which will
become effective later. The agency will publish a document in the
Federal Register, announcing in advance the effective date of that
paragraph.
FOR FURTHER INFORMATION CONTACT:
B.C. ``Jay'' Jackson, Jr. and R. Barthen Gorman, Mobile Services
Division, Common Carrier Bureau, (202) 418-1310.
SUPPLEMENTARY INFORMATION: The following is a summary of the
Commission's Report and Order, adopted August 2, 1994, and released
September 9, 1994. The full text of this Commission decision, which
includes the Final Regulatory Flexibility Analysis, is available for
inspection and copying during normal business hours in the FCC Dockets
Branch, (Room 230), 1919 M Street, NW., Washington, DC 20554. The
complete text of this decision may be purchased from the Commission's
copy contractor, International Transcription Service, Inc.; (202) 857-
3800; 2100 M Street, NW., Suite 140, Washington, DC 20037.
Paperwork Reduction
Public reporting burden for the collections of information is
estimated as follows:
------------------------------------------------------------------------
Estimated
average Estimated
Section number hours per annual
response responses
------------------------------------------------------------------------
22.5 and 22.7................................... 1 5,000
22.105.......................................... 3 25,860
22.107.......................................... 2 10,000
22.108.......................................... .25 10,000
22.115.......................................... 1 10,000
22.119.......................................... 1 25
22.122.......................................... 20 30
22.125.......................................... 1 100
22.128.......................................... 1 10
22.129.......................................... 1 200
22.130.......................................... 10 50
22.132.......................................... 2 10
22.135.......................................... 2 10
22.137.......................................... .5 100
22.139.......................................... 1 10
22.142.......................................... .084 1,000
22.150.......................................... 10 40
22.157.......................................... 1 1,200
22.161.......................................... .5 1
22.163.......................................... 1 1,500
22.165.......................................... 1 1,500
22.303 (records)*............................... 1 3,000
22.313.......................................... 1 100
22.313 (records)*............................... .50 500
22.315.......................................... 1 100
22.317.......................................... .50 100
22.321 (records)*............................... 52 800
22.321.......................................... 2 800
22.323.......................................... .50 100
22.353.......................................... .50 100
22.357.......................................... 1 2
22.369.......................................... 1 10
22.371.......................................... 1 10
22.409.......................................... 13 10
22.411.......................................... 7.3 116
22.415.......................................... 2 10
22.529.......................................... 3 4,000
22.551.......................................... .50 10
22.559.......................................... 2 10,000
22.567.......................................... 1 10
22.577.......................................... .50 10
22.589.......................................... 2 1,000
22.601.......................................... .50 38
22.603.......................................... .50 2
22.621.......................................... 1 10
22.623.......................................... .25 10
22.625.......................................... 1 10
22.655.......................................... 2 8
22.657.......................................... 2 1
22.709.......................................... 3 100
22.711.......................................... 1 30
22.719.......................................... 2 10
22.803.......................................... 2 100
22.865.......................................... 1 10
22.869.......................................... 1 6
22.873.......................................... .50 6
22.875.......................................... 40 1
22.901(a)....................................... 2 20
22.901(d)....................................... 1 10
22.903.......................................... 2 6
22.907.......................................... .50 10
22.911.......................................... 10 300
22.929.......................................... 2 4,000
22.935(a)....................................... 50 10
22.935(b)....................................... 3 10
22.935(d)....................................... 10 10
22.935(e)....................................... 600 20
22.935(f)(1)-(2)................................ 50 10
22.935(f)(3).................................... 160 20
22.935(f)(5).................................... 160 20
22.936.......................................... 2 20
22.937.......................................... 4 4,010
22.939.......................................... 2 10
22.947(b)....................................... 1 100
22.947(c)....................................... 6 1,500
22.953.......................................... 4 10,000
22.1037......................................... 1 10
Uncodified one-time showing for CGSA boundaries. 1 1,500
------------------------------------------------------------------------
*Time allocated for recordkeeping.
Total Annual Burden: 257,616.
Frequency of Response: On occasion, quarterly, semi-annually, and
annually.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collections of information.
Send comments regarding this burden estimate or any other aspect of
these collections of information to the Federal Communications
Commission, Records Management Division, room 234, Paperwork Reduction
Project (3060-0508), Washington, DC 20554 and to the Office of
Management and Budget, Paperwork Reduction Project (3060-0508),
Washington, DC 20503.
Summary of the Report and Order
1. The Report and Order is a comprehensive, top-to-bottom rewrite
of part 22 of the Commission's Rules. The topics which were the most
controversial are treated in the Report and Order, while the less
controversial changes are explained in Appendix A of the Report and
Order. Among other things, the Report and Order modifies the
application processing procedures for 931 MHz paging applications by
requiring that applicants specify the channels for which they seek
authorization, prescribing a 30-day filing period for initial
applications and providing for auctions as the means for selecting the
winner among mutually exclusive initial applications. Applications in
the Rural Radiotelephone Service, which is a fixed as opposed to a
mobile radio service, will be selected on a first-come, first-served
basis. The first-come, first-served procedures allow an application to
be granted if it is not mutually exclusive with another application
filed on the same or on a previous day and if the applicant in question
is qualified to be a Commission licensee. Further, under these
procedures, mutually exclusive rural radiotelephone applications
received on the same day would, absent a negotiated settlement among
the parties, be designated for a comparative hearing to determine which
application should be granted.
2. The Report and Order also requires that, by the end of their
authorized construction periods, licensees of public mobile stations
must not only complete construction of their facilities, as is now
required, but must also actually commence provision of service to
subscribers. In addition, the Report and Order eliminates the remaining
traffic loading study requirements for Paging and Radiotelephone
Services licensees seeking additional channels for traditional two-way
mobile radio services and provides technical channel assignment rules
for Basic Exchange Telephone Radio Systems (BETRS), which is a radio
technology that provides basic telephone service to remote and rural
areas.
3. The Report and Order explicitly requires that cellular
telephones be designed and manufactured in such a way that the
electronic serial number is permanently programmed into the equipment
at the factory and is physically unalterable. This requirement is
intended to help reduce fraud in the use of cellular equipment due to
tampering with the electronic serial numbers.
4. The Report and Order also removes the existing prohibition
against the concurrent use and licensing of Part 22 facilities for both
common carrier and non-common carrier services, affirmatively allows
the use of multi-channel transmitters, and permits licensees to make
certain minor modifications to their stations and add ``internal''
transmitters to existing systems without notifying the Commission.
Ordering Clauses
Accordingly, it is ordered that the rule changes made herein will
become effective on January 1, 1995.
List of Subjects in 47 CFR Part 22
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
47 CFR parts 1 and 22 are revised as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
2. Section 1.420 is amended by revising the heading and paragraphs
(a) and (b) to read as follows:
Sec. 1.420 Additional procedures in proceedings for amendment of the
FM or TV Tables of Allotments.
(a) Comments filed in proceedings for amendment of the FM Table of
Allotments (Sec. 73.202 of this chapter) or the Television Table of
Allotments (Sec. 73.606 of this chapter) which are initiated on a
petition for rule making shall be served on petitioner by the person
who files the comments.
(b) Reply comments filed in proceedings for amendment of the FM or
Television Tables of Allotments shall be served on the person(s) who
filed the comments to which the reply is directed.
* * * * *
Sec. 1.742 [Amended]
3. In the first sentence of the introductory text of Sec. 1.742,
the phrase ``Except as specified in Sec. 22.6'' is removed and ``Except
as specified in part 22 of this chapter'' is added in its place.
4. Section 1.743 is amended by revising paragraph (a) and adding
new paragraph (e) to read as follows:
Sec. 1.743 Who may sign applications.
(a) Except as provided in paragraph (b) of this section,
applications, amendments thereto, and related statements of fact
required by the Commission must be signed by the applicant, if the
applicant is an individual; by one of the partners, if the applicant is
a partnership; by an officer or duly authorized employee, if the
applicant is a corporation; or by a member who is an officer, if the
applicant is an unincorporated association. Applications, amendments,
and related statements of fact filed on behalf of eligible government
entities such as states and territories of the United States, their
political subdivisions, the District of Columbia, and units of local
government, including incorporated municipalities, must be signed by a
duly elected or appointed official who is authorized to do so under the
laws of the applicable jurisdiction.
* * * * *
(e) ``Signed,'' as used in this section, means an original hand-
written signature, except that by public notice in the Federal Register
the Common Carrier Bureau may allow signature by any symbol executed or
adopted by the applicant with the intent that such symbol be a
signature, including symbols formed by computer-generated electronic
impulses.
5. Section 1.821 is revised to read as follows:
Sec. 1.821 Scope.
The provisions of Secs. 1.822, 1.823, 1.824 and 1.825 apply as
indicated to those applications for permits, licenses or authorizations
in the Public Mobile Services, Multichannel Multipoint Distribution
Service and Digital Electronic Message Service for which action may be
taken by the Chief, Common Carrier Bureau pursuant to delegated
authority.
6. Section 1.823 is amended by revising the heading, paragraph
(b)(1) and the headings of paragraphs (b)(2) and (b)(3) to read as
follows:
Sec. 1.823 Random selection procedures for the Public Mobile Services.
* * * * *
(b) * * *
(1) Public Mobile Services other than the Cellular Radiotelephone
Service. Petitions to Deny and other pleadings may be filed against
applications but are not reviewed prior to the random selection
process. Petitions filed against tentative selectee applications are
reviewed after the tentative selectee is announced.
(2) Cellular Radiotelephone Service, except unserved areas. * * *
(3) Cellular Radiotelephone Service, unserved areas. * * *
* * * * *
Sec. 1.1105 [Amended]
7. Section 1.1105 is amended by revising the table entries from 2.
to 5.n. to read as follows:
----------------------------------------------------------------------------------------------------------------
Action FCC form No. Fee amount Fee type code Address
----------------------------------------------------------------------------------------------------------------
*****
2. Domestic Public Land
Mobile Stations [Paging
and Radiotelephone
Service, Air-ground
Radiotelephone Service]:
a. Application for FCC 401, FCC 159......... 265.00 CMD Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 265.00 CMD Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Notification of FCC 489, FCC 159......... 265.00 CMD Federal Communications
additional Commission, Common
transmitter (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
d. Major amendment of FCC 401, FCC 159......... 265.00 CMD Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 265.00 CMD Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each same as 2e(i)............ 45.00 CAD Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for FCC 401, FCC 159, FCC 490 265.00 CMD Federal Communications
partial assignment Commission, Common
of authorization Carrier Land Mobile,
(per call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 405, FCC 159......... 45.00 CAD Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Minor modification
(per transmitter.
(i) Notification of FCC 489, FCC 159......... 45.00 CAD Federal Communications
minor modification. Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAD Federal Communications
for minor Commission, Common
modification. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
i. Request for written request, FCC 159. 230.00 CLD Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
j. Application for FCC 401, FCC 159......... 45.00 CAD Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per authorization. P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
k. Notification of FCC 489, FCC 159......... 45.00 CAD Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
l. Application for FCC 401, FCC 159......... 230.00 CLD Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 115.00 CFD Federal Communications
authority to provide Commission, Common
commercial mobile Carrier Land Mobile,
service using P.O. Box 358130,
broadcast station Pittsburgh, PA 15251-
subcarriers (per 5130.
application).
n. Application for ......................... ................ ........................
reinstatement [No
longer available].
o. Application to FCC 401, FCC 159......... 230.00 CLD Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
p. Application for FCC 401, FCC 159......... 230.00 CLD Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
q. 931 MHz nationwide
paging renewal [See
2g].
r. Application for FCC 409.................. 45.00 CAD Federal Communications
new, modified or Commission, Common
renewal general Carrier Land Mobile,
aviation air-ground P.O. Box 358130,
mobile license (per Pittsburgh, PA 15251-
application). 5130.
s. Application for FCC 401, FCC 159......... 265.00 CMP Federal Communications
932-932.5/941-941.5 Commission, 932/941 MHz
MHz point-to- Point-to-Multipoint
multipoint channels Channels, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358924,
Pittsburgh, PA 15261-
5924.
3. Cellular Systems
[Cellular Radiotelephone
Service]:
a. Initial FCC 401, FCC 159......... 265.00 CMC Federal Communications
application for new Commission, Cellular
cellular system. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
b. Application for FCC 401, FCC 159......... 265.00 CMC Federal Communications
major modification. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
c. Minor
modifications
(i) Application for FCC 401, FCC 159......... 70.00 CDC Federal Communications
minor modification. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
(ii) Notification FCC 489, FCC 159......... 70.00 CDC Federal Communications
of minor Commission, Cellular
modification or Systems, P.O. Box
commencement of 358135, Pittsburgh, PA
service to 15251-5135.
subscribers (per
notification).
d. Application for FCC 490.................. 265.00 CMC Federal Communications
full or partial Commission, Cellular
assignment of Systems, P.O. Box
authorization or 358135, Pittsburgh, PA
consent to transfer 15251-5135.
of control.
e. Application for FCC 405, FCC 159......... 45.00 CAC Federal Communications
renewal. Commission, Cellular
Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
f. Application for FCC 401, FCC 159......... 45.00 CAC Federal Communications
extension of Commission, Cellular
construction period. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
g. Request for written request, FCC 159. 230.00 CLC Federal Communications
special temporary Commission, Cellular
authority. Systems, P.O. Box
358135, Pittsburgh, PA
15251-5135.
h. Request to combine written request, FCC 159. 60.00 CBC Federal Communications
cellular geographic Commission, Cellular
service areas (per Systems, P.O. Box
system). 358135, Pittsburgh, PA
15251-5135.
4. Rural Radio [Rural
Radiotelephone Service]:
a. Application for FCC 401, FCC 159......... 125.00 CGR Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 125.00 CGR Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Major amendment of FCC 401, FCC 159......... 125.00 CGR Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
d. Minor
modifications
(i) Notification of FCC 489, FCC 159......... 45.00 CAR Federal Communications
minor modification Commission, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAR Federal Communications
for minor Commission, Common
modification (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 125.00 CGR Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each came as 4e(i)............ 45.00 CAR Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(iii) Partial FCC 490, FCC 401, FCC 159 125.00 CGF Federal Communications
assignment of Commission, Common
authorization (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for FCC 405, FCC 159......... 45.00 CAR Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 401, FCC 159......... 45.00 CAR Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per application). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Notification of FCC 489, FCC 159......... 45.00 CAR Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
i. Request for written request, FCC 159. 230.00 CLR Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
j. Application for ................ ........................
reinstatement [No
longer available].
k. Application to FCC 401, FCC 159......... 230.00 CLR Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
l. Application for FCC 401, FCC 159......... 230.00 CLR Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 230.00 CLR Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
5. Offshore
Radiotelephone Service:
a. Application for FCC 401, FCC 159......... 125.00 CGF Federal Communications
new or additional Commission, Common
facility (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
b. Application for FCC 401, FCC 159......... 125.00 CGF Federal Communications
major modification Commission, Common
of an existing Carrier Land Mobile,
facility (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
c. Fill-in
transmitters [Not
available].
d. Major amendment of FCC 401, FCC 159......... 125.00 CGF Federal Communications
a pending Commission, Common
application (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
e. Minor
modifications.
(i) Notification of FCC 489, FCC 159......... 45.00 CAF Federal Communications
minor modification Commission, Common
(per transmitter). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Application FCC 401, FCC 159......... 45.00 CAF Federal Communications
for minor Commission, Common
modification (per Carrier Land Mobile,
transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
f. Application for
assignment of
authorization or
consent to transfer
of control.
(i) First call sign FCC 490.................. 125.00 CGF Federal Communications
Commission, Common
Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(ii) Each same as 5f(i)............ 45.00 CAF Federal Communications
additional call Commission, Common
sign. Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
(iii) Partial FCC 490, FCC 401, FCC 159 125.00 CGF Federal Communications
assignment of Commission, Common
authorization (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
g. Application for FCC 405, FCC 159......... 45.00 CAF Federal Communications
renewal (per call Commission, Common
sign). Carrier Land Mobile,
P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
h. Application for FCC 401, FCC 159......... 45.00 CAF Federal Communications
extension of Commission, Common
construction period Carrier Land Mobile,
(per application). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
i. Application for
reinstatement [No
longer available].
j. Notification of FCC 489, FCC 159......... 45.00 CAF Federal Communications
commencement of Commission, Common
service to Carrier Land Mobile,
subscribers (per P.O. Box 358130,
notification). Pittsburgh, PA 15251-
5130.
k. Request for written request, FCC 159. 230.00 CLF Federal Communications
special temporary Commission, Common
authority (per Carrier Land Mobile,
channel/per P.O. Box 358130,
location). Pittsburgh, PA 15251-
5130.
l. Application to FCC 401, FCC 159......... 230.00 CLF Federal Communications
combine separate Commission, Common
authorizations (per Carrier Land Mobile,
call sign). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
m. Application for FCC 401, FCC 159......... 230.00 CLF Federal Communications
new or modified Commission, Common
auxiliary test Carrier Land Mobile,
transmitter (per P.O. Box 358130,
transmitter). Pittsburgh, PA 15251-
5130.
n. Application for FCC 401, FCC 159......... 230.00 CLF Federal Communications
new or modified Commission, Common
standby transmitter Carrier Land Mobile,
(per transmitter). P.O. Box 358130,
Pittsburgh, PA 15251-
5130.
----------------------------------------------------------------------------------------------------------------
* * * * *
8. Part 22 is revised to read as follows:
PART 22--PUBLIC MOBILE SERVICES
Subpart A--Scope and Authority
Sec.
22.1 Basis and purpose.
22.3 Authorization required.
22.5 Citizenship.
22.7 General eligibility.
22.99 Definitions.
Subpart B--Application Requirements and Procedures
22.101 Station files.
22.103 Representations.
22.105 Written applications, standard forms, microfiche, magnetic
disks.
22.106 Filing fees; place.
22.107 General application requirements.
22.108 Parties to applications.
22.115 Content of applications.
22.117 Content of notifications.
22.119 Requests for rule waivers.
22.120 Application processing; initial procedures.
22.121 Repetitious, inconsistent or conflicting applications.
22.122 Amendment of applications.
22.123 Classification of filings as major or minor.
22.124 Notification processing.
22.125 Application for special temporary authorizations.
22.127 Public notices.
22.128 Dismissal of applications.
22.129 Agreements to dismiss applications, amendments or pleadings.
22.130 Petitions to deny, responsive pleadings.
22.131 Mutually exclusive applications.
22.132 Grants of applications.
22.135 Settlement conference.
22.137 Assignment of authorization; transfer of control.
22.139 Trafficking.
22.142 Commencement of service; notification requirement.
22.143 Construction prior to grant of application.
22.144 Termination of authorizations.
22.145 Renewal application procedures.
22.150 Standard pre-filing technical coordination procedure.
22.157 Distance computation.
22.159 Computation of average terrain elevation.
22.161 Application requirements for ASSB.
22.163 Minor modifications to existing stations.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.
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.
22.315 Duty to respond to official communications.
22.317 Discontinuance of station operation.
22.321 Equal employment opportunities.
22.323 Incidental communication services.
22.325 Control points.
Technical Requirements
22.351 Channel assignment policy.
22.352 Protection from interference.
22.353 Blanketing interference.
22.355 Frequency tolerance.
22.357 Emission types.
22.359 Emission masks.
22.361 Standby facilities.
22.363 Directional antennas.
22.365 Antenna structures; air navigation safety.
22.367 Wave polarization.
22.369 Quiet zones.
22.371 Disturbance of AM broadcast station antenna patterns.
22.373 Access to transmitters.
22.377 Type-acceptance of transmitters.
22.379 Replacement of equipment.
22.381 Auxiliary test transmitters.
22.383 In-building radiation systems.
Subpart D--Developmental Authorizations
22.401 Description and purposes of developmental authorizations.
22.403 General limitations.
22.409 Developmental authorization for a new Public Mobile Service
or technology.
22.411 Developmental authorization of 43 MHz paging transmitters.
22.413 Developmental authorization of 72-76 MHz fixed transmitters.
22.415 Developmental authorization of 928-960 MHz fixed
transmitters.
22.417 Developmental authorization of meteor burst systems.
Subpart E--Paging and Radiotelephone Service
22.501 Scope.
22.507 Number of transmitters per station.
22.511 Construction period for the Paging and Radiotelephone
Service.
22.515 Permissible communications paths.
22.529 Application requirements for the Paging and Radiotelephone
Service.
One-Way Paging Operation
22.531 Channels for one-way paging operation.
22.535 Effective radiated power limits.
22.537 Technical channel assignment criteria.
22.539 Additonal channel policies.
22.541 Procedures for mutually exclusive 931 MHz paging
applications.
22.551 Nationwide network paging service.
22.559 One-way paging application requirements.
One-Way or Two-Way Mobile Operation
22.561 Channels for one-way or two-way mobile operation.
22.563 Provision of rural radiotelephone service upon request.
22.565 Transmitting power limits.
22.567 Technical channel assignment criteria.
22.569 Additonal channel policies.
22.571 Responsibility for mobile stations.
22.573 Use of base transmitters as repeaters.
22.575 Use of mobile channel for remote control of station
functions.
22.577 Grandfathered dispatch service.
22.579 Operation of mobile transmitters across U.S.-Canada border.
22.589 One-way or two-way application requirements.
Point-To-Point Operation
22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.
22.599 Assignment of 72-76 MHz channels.
22.601 Assignment of microwave channels.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.
Point-To-Multipoint Operation
22.621 Channels for point-to-multipoint operation.
22.623 System configuration.
22.625 Transmitter locations.
22.627 Effective radiated power limits.
470-512 MHz Trunked Mobile Operation
22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
22.655 Channel usage.
22.657 Transmitter locations.
22.659 Effective radiated power limits.
Subpart F--Rural Radiotelephone Service
22.701 Scope.
22.702 Eligibility.
22.703 Separate rural subscriber station authorization not
required.
22.705 Rural radiotelephone system configuration.
22.709 Rural radiotelephone service application requirements.
22.711 Provision of information to applicants.
22.713 Construction period for rural radiotelephone stations.
22.715 Technical channel assignment criteria for rural
radiotelephone stations.
22.717 Procedure for mutually exclusive applications in the Rural
Radiotelephone Service.
22.719 Additional channel policy for rural radiotelephone stations.
Conventional Rural Radiotelephone Stations
22.725 Channels for conventional rural radiotelephone stations.
22.727 Power limits for conventional rural radiotelephone
transmitters.
22.729 Meteor burst propagation modes.
22.731 Emission limitations.
22.733 Priority of service.
22.737 Temporary fixed stations.
Basic Exchange Telephone Radio Systems
22.757 Channels for basic exchange telephone radio systems.
22.759 Power limit for BETRS.
Subpart G--Air-Ground Radiotelephone Service
22.801 Scope.
22.803 Air-ground application requirements.
General Aviation Air-Ground Stations
22.805 Channels for general aviation air-ground service.
22.809 Transmitting power limits.
22.811 Idle tone.
22.813 Technical channel pair assignment criteria.
22.815 Construction period for general aviation ground stations.
22.817 Additional channel policies.
22.819 AGRAS compatibility requirement.
22.821 Authorization for airborne mobile stations.
Commercial Aviation Air-Ground Systems
22.857 Channel plan for commercial aviation air-ground systems.
22.859 Geographical channel block layout.
22.861 Emission limitations.
22.863 Transmitter frequency tolerance.
22.865 Automatic channel selection procedures.
22.867 Effective radiated power limits.
22.869 Assignment of control channels.
22.871 Control channel transition period.
22.873 Construction period for commercial aviation air-ground
systems.
22.875 Commercial aviation air-ground system application
requirements.
Subpart H--Cellular Radiotelephone Service
22.900 Scope.
22.901 Cellular service requirements and limitations.
22.903 Conditions applicable to former Bell operating companies.
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.
22.915 Modulation requirements.
22.917 Emission limitations for cellular.
22.919 Electronic serial numbers.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobil stations.
22.929 Application requirements for the Cellular Radiotelephone
Service.
22.933 Cellular system compatibility specification.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.937 Demonstration of financial qualifications.
22.939 Site availability requirements for applications competing
with cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.941 System identification numbers.
22.942 Limitations on interests in licensees for both channel
blocks in an area.
22.943 Limitations on assignments and transfers of cellular
authorizations.
22.944 Transfers of interests in applications.
22.945 Interests in multiple applications.
22.946 Service commencement and construction periods for cellular
systems.
22.947 Five year build-out period.
22.949 Unserved area licensing process.
22.951 Minimum coverage requirement.
22.953 Content and form of applications.
22.955 Canadian condition.
22.957 Mexican condition.
22.959 Rules governing processing of applications for initial
systems.
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, 303, unless otherwise noted.
Subpart A--Scope and Authority
Sec. 22.1 Basis and purpose.
This section contains a concise general statement of the basis and
purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications
Act of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the
requirements and conditions under which domestic common carrier radio
stations may be licensed and used in the Public Mobile Services.
Sec. 22.3 Authorization required.
Stations in the Public Mobile Services must be used and operated
only in accordance with the rules in this part and with a valid
authorization granted by the FCC under the provisions of this part.
(a) The holding of an authorization does not create any rights
beyond the terms, conditions and period specified in the authorization.
Authorizations may be granted upon proper application, provided that
the FCC finds that the applicant is qualified in regard to citizenship,
character, financial, technical and other criteria, and that the public
interest, convenience and necessity will be served. See 47 U.S.C. 301,
308, and 309.
(b) Authority for subscribers to operate mobile or fixed stations
in the Public Mobile Services, except for certain stations in the Rural
Radiotelephone Service and the Air-Ground Radiotelephone Service, is
included in the authorization held by the common carrier providing
service to them. Subscribers are not required to apply for, and the FCC
does not accept applications from subscribers for, individual mobile or
fixed station authorizations in the Public Mobile Services, except as
follows:
(1) Individual authorizations are required to operate general
aviation airborne mobile stations in the Air-Ground Radiotelephone
Service. See Sec. 22.821.
(2) Individual authorizations are required to operate rural
subscriber stations in the Rural Radiotelephone Service, except as
provided in Sec. 22.703.
Sec. 22.5 Citizenship.
The rules in this section implement section 310 of the
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard
to the citizenship of licensees in the Public Mobile Services.
(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 any officer or director is an alien or
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 any officer or more than one-fourth of the
directors are aliens, or 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.
Sec. 22.7 General eligibility.
Except as otherwise provided in this part, existing and proposed
common carriers are eligible to hold authorizations in the Public
Mobile Services. Applications are granted only if the applicant is
legally, financially, technically and otherwise qualified to render the
proposed service.
Sec. 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunications
service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone
Service authorized for use on aircraft while in flight or on the
ground.
Antenna structure. A structure comprising an antenna, the tower or
other structure that exists solely to support antennas, and any
surmounting appurtenances (attachments such as beacons or lightning
rods).
Antenna. A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
Archival quality microfiche. A silver halide master microfiche or a
copy made on silver halide film.
Assignment of authorization. A transfer of a Public Mobile Services
authorization from one party to another, voluntarily or involuntarily,
directly or indirectly, or by transfer of control of the licensee.
Authorization. A written instrument or oral statement issued by the
FCC conveying authority to operate, for a specified term, a station in
the Public Mobile Services.
Authorized bandwidth. The necessary or occupied bandwidth of an
emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the
electromagnetic spectrum within which the emission power of the
authorized transmitter(s) must be contained, in accordance with the
rules in this part. The authorized spectrum comprises one channel
bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public
Mobile systems.
Base transmitter. A stationary transmitter that provides radio
telecommunications service to mobile and/or fixed receivers, including
those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located
in the immediate vicinity of a transmitter, caused by currents directly
induced into the consumer receiver's circuitry by the relatively high
field strength of the transmitter.
Build-out transmitters. In the Cellular Radiotelephone Service,
transmitters added to the first cellular system authorized on a channel
block in a cellular market during the five year build-out period in
order to expand the coverage of the system within the market.
Cardinal radials. Eight imaginary straight lines extending radially
on the ground from an antenna location in the following azimuths with
respect to true North: 0 deg., 45 deg., 90 deg., 135 deg., 180 deg.,
225 deg., 270 deg., 315 deg..
Carrier frequency. The frequency of the unmodulated electrical wave
at the output of an amplitude modulated (AM), frequency modulated (FM)
or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a
cellular system.
Cellular Geographic Service Area. The geographic area served by a
cellular system, within which that system is entitled to protection and
adverse effects are recognized, for the purpose of determining whether
a petitioner has standing. See Sec. 22.911.
Cellular markets. Standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems. See
Sec. 22.909.
Cellular Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide cellular service for hire
to the general public. This service was formerly titled Domestic Public
Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a
stationary transmitter or device that automatically re-radiates the
transmissions of base transmitters at a particular cell site and mobile
stations communicating with those base transmitters, with or without
channel translation.
Cellular service. Radio telecommunication services provided using a
cellular system.
Cellular system. An automated high-capacity system of one or more
multichannel base stations designed to provide radio telecommunication
services to mobile stations over a wide area in a spectrally efficient
manner. Cellular systems employ techniques such as low transmitting
power and automatic hand-off between base stations of communications in
progress to enable channels to be reused at relatively short distances.
Cellular systems may also employ digital techniques such as voice
encoding and decoding, data compression, error correction, and time or
code division multiple access in order to increase system capacity.
Center frequency. The frequency of the middle of the bandwidth of a
channel.
Central office transmitter. A fixed transmitter in the Rural
Radiotelephone Service that provides service to rural subscriber
stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by
the FCC for one emission. In certain circumstances, however, more than
one emission may be transmitted on a channel. See, for example,
Sec. 22.161.
Channel bandwidth. The spectral width of a channel, as specified in
this part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not
individually.
Channel pair. Two channels that are assigned together, not
individually. In this part, channel pairs are indicated by an ellipsis
between the center frequencies.
Communications channel. In the Cellular Radiotelephone and Air-
ground Radiotelephone Services, a channel used to carry subscriber
communications.
Construction period. The period between the date of grant of an
authorization and the date of required commencement of service.
Control channel. In the Cellular Radiotelephone Service and the
Air-ground Radiotelephone Service, a channel used to transmit
information necessary to establish or maintain communications. In the
other Public Mobile Services, a channel that may be assigned to a
control transmitter.
Control point. A location where the operation of a public mobile
station is supervised and controlled by the licensee of that station.
Control transmitter. A fixed transmitter in the Public Mobile
Services that transmits control signals to one or more base or fixed
stations for the purpose of controlling the operation of the base or
fixed stations, and/or transmits subscriber communications to one or
more base or fixed stations that retransmit them to subscribers.
Dead spots. Small areas within a service area where the field
strength is lower than the minimum level for reliable service. Service
within dead spots is presumed.
Dispatch service. A radiotelephone service comprising
communications between a dispatcher and one or more mobile units. These
communications normally do not exceed one minute in duration and are
transmitted directly through a base station, without passing through
mobile telephone switching facilities.
Effective radiated power (ERP). The effective radiated power of a
transmitter (with antenna, transmission line, 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 type
acceptance, on the mean power of emissions as a function of frequency
both within the authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent
isotropically radiated power of a transmitter (with antenna,
transmission line, duplexers etc.) is the power that would be necessary
at the input terminals of a reference isotropic radiator in order to
produce the same maximum field intensity. An isotropic radiator is a
theoretical lossless point source of radiation with unity gain in all
directions. EIRP is usually calculated by multiplying the measured
transmitter output power by the specified antenna system gain, relative
to an isotropic radiator, in the direction of interest.
Extension. In the Cellular Radiotelephone Service, an area within
the service area boundary of a cellular system, but outside of the
market boundary. See Secs. 22.911(c) and 22.912.
Facsimile service. Transmission of still images from one place to
another by means of radio.
Fill-in transmitters. Transmitters added to a station, in the same
area and transmitting on the same channel or channel block as
previously authorized transmitters, that do not expand the existing
service area, but are established for the purpose of improving
reception in dead spots.
Five year build-out period. A five year period during which the
licensee of the first cellular system authorized on each channel block
in each cellular market may expand the system within that market. See
Sec. 22.947.
Fixed transmitter. A stationary transmitter that communicates with
other stationary transmitters.
Frequency. The number of cycles occurring per second of an
electrical or electromagnetic wave; a number of representing a specific
point in the electromagnetic spectrum.
Ground station. In the Air-ground Radiotelephone Service, a
stationary transmitter that provides service to airborne mobile
stations.
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.
Meteor burst propagation mode. A long distance VHF radio
communication path occurring as a result of the refraction of
electromagnetic waves by ionized meteor trails.
Mobile station. One or more transmitters that are capable of
operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission.
Calculations are made using procedures set forth in part 2 of this
chapter. The bandwidth so calculated is considered to be the minimum
necessary to convey information at the desired rate with the desired
accuracy.
Occupied bandwidth. The measured spectral width of an emission. The
measurement determines occupied bandwidth as the difference between
upper and lower frequencies where 0.5% of the emission power is above
the upper frequency and 0.5% of the emission power is below the lower
frequency.
Offshore central transmitter. A fixed transmitter in the Offshore
Radiotelephone Service that provides service to offshore subscriber
stations.
Offshore Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers on structures in the offshore coastal
waters of the Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile
transmitters in the Offshore Radiotelephone Service that receive
service from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person
and to give an aural, visual or tactile indication when activated by
the reception of a radio signal containing its specific code. It may
also reproduce sounds and/or display messages that were also
transmitted. Some pagers also transmit a radio signal acknowledging
that a message has been received.
Paging and Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide paging and radiotelephone
service for hire to the general public. This service was formerly
titled Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose
of activating specific pagers; such transmissions may include messages
and/or sounds.
Partitioned cellular market. A cellular market with two or more
authorized cellular systems on the same channel block during the five
year build-out period, as a result of settlements during initial
licensing or contract(s) between the licensee of the first cellular
system and the licensee(s) of the subsequent systems. See
Sec. 22.947(b).
Public Mobile Services. Radio services in which common carriers are
authorized to offer and provide mobile and related fixed radio
telecommunication services for hire to the public.
Radio common carrier. A telecommunications common carrier that
provides radio communications services but is not engaged in the
business of providing landline local exchange telephone service.
Radio telecommunication services. Communication services provided
by the use of radio, including radiotelephone, radiotelegraph, paging
and facsimile service.
Radiotelegraph service. Transmission of messages from one place to
another by means of radio.
Radiotelephone service. Transmission of sound from one place to
another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other
stations.
Roamer. A mobile station receiving service from a station or system
in the Public Mobile Services other than one to which it is a
subscriber.
Rural Radiotelephone Service. A radio service in which common
carriers are authorized to offer and provide radio telecommunication
services for hire to subscribers in areas where it is not feasible to
provide communication services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the
Rural Radiotelephone Service that receive service from central office
transmitters.
Service area. The geographic area considered by the FCC to be
reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter
where the predicted median field strength of the signal from that
transmitter is the minimum field strength that is considered sufficient
to provide reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is
not affiliated with, controlled by or related to the providing carrier.
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.
Transfer of control. A transfer of the controlling interest in a
Public Mobile Services licensee from one party to another.
Unserved areas. In the Cellular Radiotelephone Service, areas
outside of all existing CGSAs (on either of the channel blocks), to
which the Communications Act of 1934, as amended, is applicable.
Wireline common carrier. A telecommunications common carrier that
is also engaged in the business of providing landline local exchange
telephone service.
Subpart B--Application Requirements and Procedures
Sec. 22.101 Station files.
Applications, notifications, correspondence and other material, and
copies of authorizations, comprising technical, legal, and
administrative data relating to each station in the Public Mobile
Services are maintained by the FCC in individual station files. These
files constitute the official records for these stations and supersede
any other records, data bases or lists from the FCC or other sources.
Sec. 22.103 Representations.
Applicants must make full and continuing disclosure as required by
Sec. 1.65 of this chapter. Applicants must not make misrepresentations.
The signing of an application or notification for new or additional
facilities in the Public Mobile Services constitutes a representation
that the applicant intends to use such facilities to provide service to
subscribers in accordance with the rules in this part.
Sec. 22.105 Written applications, standard forms, microfiche, magnetic
disks.
Except for authorizations granted under the emergency conditions
set forth in section 308 of the Communications Act of 1934, as amended
(47 U.S.C. 308), the FCC may grant authorizations only upon written
application (FCC Form 401) received by it. A separate written
application is required for each authorization. Applicants shall submit
any documents, exhibits, or other written statements of fact that the
FCC may require in determining whether to grant, deny or dismiss an
application.
Table B-1.--Standard Forms for the Public Mobile Services
------------------------------------------------------------------------
Purpose of filing Form No. Title of form
------------------------------------------------------------------------
application for new 401 Application for Mobile Radio
or modified station. Service Authorization.
major amendment to
pending application.
application for
partial assignment of
authorization.
application for 405 Application for Renewal of
renewal of authorization. Station License.
application for 409 Application for Airborne
airborne mobile Mobile Radiotelephone
authorization. Authorization.
application for 430 Licensee Qualification
assignment of authorization. Report.
notification of 489 Notification of Commencement
completion of construction. of Service or of Additional
notification of minor or Modified Facilities.
modification of station.
application for 490 Application for Assignment
assignment of authorization. of Authorization or Consent
application for to Transfer of Control of
consent to transfer of Licensee.
control.
------------------------------------------------------------------------
(a) Formal applications, amendments and notifications. Except as
provided in paragraph (b) of this section, applications, amendments and
notifications must be filed using the standard forms listed in
paragraph (c) of this section.
(b) Informal applications, amendments and notifications.
Applications, amendments and notifications in letter or document form
may be accepted for filing, if none of the standard forms listed in
this section are prescribed for or clearly applicable for the intended
purpose. Such informal applications, amendments and notifications must
be submitted in duplicate, with a caption clearly stating the name of
the filer, nature of the filing, the Public Mobile service involved,
the call sign of the relevant existing station, if any, and the file
number of the relevant pending application, if any, and must contain
all necessary technical data and exhibits.
(c) Standard forms. Standard forms may be obtained in small
quantities from the FCC. Standard forms may be reproduced and the
copies used. Computer-generated standard forms may also be used after
approval by the FCC staff. Standard forms used for applications,
amendments, notifications and reports in the Public Mobile Services are
listed in Table B-1 of this section.
(d) Microfiche required. All filings and submissions related to
stations in the Public Mobile Services, including applications
(including exhibits and attachments), notifications, amendments,
reports, correspondence and pleadings must be submitted in microfiche
form, except as provided in paragraphs (d)(1) and (g) of this section.
(1) Emergency filings, such as requests for special temporary
authority, need not be submitted in microfiche form. Filings and
submissions (other than standard application forms) that are no longer
than three pages need not be submitted in microfiche form. Standard
application forms must be submitted in microfiche forms, even if they
comprise three pages or less.
(2) Three microfiche copies of each filing or submission must be
submitted, except that, for initial Phase I unserved area applications
in the Cellular Radiotelephone Service (see Sec. 22.949), two
microfiche copies must be submitted. Each microfiche copy must be a
complete copy of the signed paper original. Each microfiche must be a
148 mm by 105 mm negative (clear transparent characters appearing on a
background providing sufficient contrast to make legible copies) at
24 x or 27 x reduction. At least one of the microfiche copies must be
a silver halide camera master or a copy made on silver halide film such
as Kodak Direct Duplicatory Film. Microfiche must be placed in paper
microfiche envelopes and submitted in a 5'' by 7\1/2\'' envelope.
Applicants must leave Row ``A'' (the first row for page images) of the
first microfiche blank for FCC use.
(3) The following information must be printed on the mailing
envelope, the microfiche envelope, and the title area at the top of the
microfiche:
(i) For notifications, amendments, reports, correspondence,
pleadings and applications, other than initial applications in the
Cellular Radiotelephone Service--the name of the applicant, the city
and state of the application and the call sign of the station, if the
application refers to an existing station.
(ii) For initial applications in the Cellular Radiotelephone
Service--the name of the applicant, the market name, the market number,
and the channel block.
(4) The microfiche copies of opposition and reply pleadings may be
submitted after the required paper originals, in accordance with
Sec. 1.45 of this chapter.
(e) Paper original required. The paper originals of notifications,
amendments, reports, correspondence and applications, other than
initial Phase I unserved area applications in the Cellular
Radiotelephone Service, must be submitted at the same time as the
microfiche required by paragraph (d) of this section. The paper
originals of initial Phase I unserved area applications selected in
random selection processes must be submitted 7 days after the release
of the public notice announcing the tentative selectee. The paper
originals of opposition and reply pleadings must be submitted within
the time frames established by Sec. 1.45 of this chapter. Each paper
original must be stamped ``ORIGINAL'' on the top page. In addition to
the paper original, paper copies of pleadings must be submitted as
required by Sec. 1.51 of this chapter.
(f) Correspondence. Correspondence concerning a submitted
application must clearly identify the name of the filer, nature of the
filing, the Public Mobile service involved, the call sign of the
relevant existing station, if any, and the file number (if assigned) of
the relevant pending application. Correspondence may be sent directly
to Mobile Services Division, Common Carrier Bureau, Federal
Communications, Washington, DC 20554.
(g) Magnetic disks. To assist the FCC in maintaining an accurate
technical licensing database, applicants are encouraged to submit the
technical and administrative data contained in applications and
notifications on magnetic disks. Applicants may also submit, in lieu of
the microfiche required by paragraph (d) of this section, entire
applications and notifications on magnetic disks, by including graphics
files containing the images of the signed paper originals.
(1) Each application must be submitted on a separate labeled
standard 3\1/4\'' magnetic disk, formatted to be readable by high-
density floppy drives operating under MS-DOS (3.X or later compatible
versions). A copy of each disk must also be submitted (2 identical
disks per application).
(2) [Reserved]
Note: Paragraph (g) of Sec. 22.105 is not effective until
further notice.
Sec. 22.106 Filing fees; place.
Applications, amendments, notifications and other filings must be
submitted to the FCC at the appropriate address, with the appropriate
filing fee. The fee amounts and addresses are listed in part 1, subpart
G of this chapter (Sec. 1.1105 in particular), and in the publication
``Common Carrier Services Fee Filing Guide'' which is available from
the Federal Communications Commission, Washington, DC 20554.
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. 22.108 Parties to applications.
Each application for an authorization, assignment of authorization,
or for consent to transfer of control in the Public Mobile Service must
disclose fully the real party or parties in interest to the
application. Such disclosure must include:
(a) A list of the applicant's subsidiaries, if any. For the
purposes of this section, a subsidiary is any business for which the
applicant or any officer, director, stockholder or key manager of the
applicant owns 5% or more of the stock, warrants, options or debt
securities. This list must include a description of each subsidiary's
principal business and relationship to the applicant.
(b) A list of the applicant's affiliates, if any. For the purposes
of this section, an affiliate is:
(1) Any business that holds a 5% or more interest in the applicant;
or,
(2) Any business in which a 5% or more interest is held by a
business that also holds a 5% or more interest in the applicant.
(c) A list of the names, addresses, citizenship and principal
business of any person holding 5% or more of each class of stock,
warrants, options or debt securities of the applicant, indicating the
amount and percentage held, and providing the name, address,
citizenship and principal place of business of any person, if other
than the holder, for whose benefit such interest is held. If any such
persons are related by blood or marriage, the relationship must be
disclosed.
(d) For initial cellular applications, the name and address of each
partner, his or her citizenship and the share or interest participation
in the partnership. This information must be provided for all partners,
regardless of their respective ownership interests in the partnership.
A signed and dated copy of the partnership agreement must be included
in the application. See Sec. 22.953(a)(5)(v).
Sec. 22.115 Content of applications.
Applications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part.
(a) The following requirements are common to all Public Mobile
Services:
(1) Site availability. At the time of filing, applicants must have
obtained reasonable assurance that all antenna sites specified in their
applications are available for the proposed use.
(2) Antenna structure drawing. Applications proposing a new antenna
structure or a change in the overall height of an existing antenna
structure must contain a vertical profile drawing of the antenna
structure. (Applications proposing to use an existing structure,
without changing the overall height of the structure, need not contain
a drawing.) If appropriate, the standard drawings on Schedule F of FCC
Form 401 should be used to satisfy this requirement. Otherwise, the
applicant may submit an exhibit containing the required drawing. The
drawing must be labeled to show the overall structure height including
appurtenances, the height of the tip(s) of the proposed antenna(s), the
height of any supporting building (or other man-made structure other
than an antenna tower), and the ground elevation. Heights must be given
in meters above ground level (AGL) and meters above mean sea level
(AMSL). The ground elevation must be given in meters AMSL.
(3) FAA notification. Before construction of new antenna structures
or increases in the height of existing structures is authorized by the
FCC, a Federal Aviation Administration (FAA) determination of No Hazard
to Air Navigation may be required. To apply for this determination,
applicants must notify the FAA of the planned construction. Criteria
used to determine whether FAA notification is required for a particular
antenna structure are contained in part 17, subpart B of this chapter.
Applications proposing a new antenna structure or an increase in the
height of an existing antenna structure must state whether FAA
notification is required. If available, a copy of the FAA determination
should be included in the application. If FAA notification is required,
but the FAA determination is not available at the time the application
is filed, the application must include the following information in
regard to the FAA notification: the name of the person that submitted
the notification, the date the notification was submitted, and the
location of the FAA office to which the notification was submitted.
(4) Antenna locations. Applications for stations at fixed locations
must describe each transmitting antenna site by its geographical
coordinates and also by its street address, or by reference to a nearby
landmark. Geographical coordinates must be specified in degrees,
minutes, and seconds to the nearest second of latitude and longitude.
Note to paragraph (a)(4) of Sec. 22.115: The FAA has announced
that effective October 15, 1992, it will use geographic coordinates
based on the 1983 North American Datum (NAD83). Until further
notice, however, the FCC will continue to use geographical
coordinates based the 1927 North American Datum (NAD27). Applicants
may supply geographical coordinates based on NAD83 in addition to
those required (NAD27).
(5) Environmental concerns. Each applicant is required to indicate
at the time its application is filed whether or not an FCC grant of the
application may have a significant environmental effect, as defined by
Sec. 1.1307 of this chapter. If answered affirmatively, an
Environmental Assessment, required by Sec. 1.1311 of this chapter, must
be filed with the application and environmental review by the FCC must
be completed prior to construction.
(b) Reference to material on file. Questions on application forms
that call for specific technical data, or that can be answered yes or
no or with another short answer, must be answered on the form.
Otherwise, if documents, exhibits, or other lengthy showings already on
file with the FCC contain information required in an application, the
application may incorporate such information by reference, provided
that:
(1) The reference information comprises more than one 8\1/2\'' x
11'' page and is current and accurate in all material respects; and,
(2) The reference states specifically where the referenced
information can actually be found, including:
(i) The station call sign or application file number, if the
reference is to station files or previously filed applications;
(ii) The title of the proceeding, the docket number, and any legal
citations, if the reference is to a docketed proceeding.
(c) Service specific requirements. Applications for authorization
in the Cellular Radiotelephone Service must contain specific
information as required by Sec. 22.929 and Sec. 22.953. Applications
for authorization in the Paging and Radiotelephone Service must contain
specific information as required by Sec. 22.529, Sec. 22.559 and
Sec. 22.589. Applications for authorization in the Rural Radiotelephone
Service must contain the information required by Sec. 22.709.
Applications for authorization in the Offshore Radio Service must
contain the information required by Sec. 22.1037. Applications for
authorization in the Air-Ground Radiotelephone Service must contain
specific information as required by Sec. 22.803 and Sec. 22.875, as
appropriate.
Sec. 22.117 Content of notifications.
Notifications must contain all applicable information requested on
the standard form and any additional information required by the rules
in this part. See Secs. 22.124, 22.137, 22.142, 22.163, 22.165, 22.941,
and 22.946.
Sec. 22.119 Requests for rule waivers.
The FCC may waive the requirements of rules in this part on its own
motion or upon written request.
(a) Requests for waiver of rules must contain a complete
explanation as to why the waiver is desired. The FCC may grant a
request for waiver if it is shown that:
(1) The underlying purpose of the rule(s) would not be served or
would be frustrated by application to the instant case, and that a
grant of the requested waiver would be in the public interest; or
(2) In view of unique or unusual factual circumstances of the
instant case, application of the rule(s) would be inequitable, unduly
burdensome or contrary to the public interest, or that the applicant
has no reasonable alternative.
(b) The FCC, in its discretion, may give public notice of the
filing of a waiver request and seek comment from the public or affected
parties.
(c) Denial of a rule waiver request associated with an application
renders that application defective unless it contains an alternative
proposal that fully complies with the rules, in which event the
application is processed using the alternative proposal as if the
waiver had not been requested. Applications rendered defective may be
dismissed without prejudice.
Sec. 22.120 Application processing; initial procedures.
This section contains rules governing the initial processing of
applications for authority to operate a station in the Public Mobile
Services.
(a) File numbers. Applications received by the FCC are assigned
file numbers. Assignment of a file number to an application is for
administrative convenience and does not constitute a determination that
the application is acceptable for filing. Assignment of a file number
does not preclude the subsequent return or dismissal of an application.
For administrative efficiency, the FCC, in its discretion, occasionally
consolidates separate applications filed simultaneously by the same
applicant into a single application (with one file number) and splits
applications comprising two or more severable proposals into separate
applications (with different file numbers).
(b) Received date. The FCC records the date on which each
application is received. This date is used to determine compliance with
applicable cut-off dates or filing windows and for other purposes.
(c) Initial review for completeness (prescreening). Each
application is reviewed for completeness. The purpose of this initial
review is to identify applications that are defective in an obvious way
(e.g. not signed, missing pages, improper or missing fee payment).
Applications found to be defective in this review are unacceptable for
filing and may be returned to the applicant with a brief statement
indicating the nature of the defect(s) found. Applications for which no
obvious defects are discovered in the initial review are acceptable for
filing.
(d) Public notice; acceptance for filing. The FCC periodically
issues Public Notices that list applications that are acceptable for
filing. The listing of an application on a Public Notice as acceptable
for filing provides notices to the public that the application has been
filed; it does not preclude dismissal of the application if it is
subsequently found to be defective or otherwise subject to dismissal
under Sec. 22.128.
Sec. 22.121 Repetitious, inconsistent or conflicting applications.
Repetitious, inconsistent or conflicting applications are not
accepted for filing by the FCC. Unless the FCC in a particular case
determines otherwise, such applications are not returned to the
applicant.
(a) While an application is pending, any subsequent inconsistent or
conflicting application submitted by, on behalf of, or for the benefit
of the same applicant, its successor or assignee will not be accepted
for filing.
(b) If an applicant has been afforded an opportunity for a hearing
with respect to an application for a new station or an enlargement of
service area, and the FCC has, after hearing or default, denied the
application or dismissed it with prejudice, the FCC will not consider a
like application for service of the same type to the same area by that
applicant, or by its successor or assignee, or on behalf of or for the
benefit of the parties in interest to the original application, until
one year after the effective date of the FCC's action on the original
application.
(c) If an appeal has been taken from the action of the FCC denying
a particular application, a like application for service of the same
type to the same area, in whole or in part, filed by that applicant or
by its successor or assignee, or on behalf or for the benefit of the
parties in interest to the original application, will not be considered
until the final disposition of such appeal.
(d) If an authorization is voluntarily cancelled or automatically
terminated because of failure to commence service to subscribers (see
Sec. 22.144), the FCC will not consider an application for another
authorization to operate a station on the same channel (or, in the case
of a 931 MHz paging station, the same frequency range) in the same
geographical area by that party, or by its successor or assignee, or on
behalf of or for the benefit of the parties in interest to the
terminated authorization, until one year after the date the
authorization terminated. This paragraph does not apply to
authorizations in the Cellular Radiotelephone Service.
Sec. 22.122 Amendment of applications.
Pending applications may be amended as a matter of right if they
have not been designated for hearing or listed in a Public Notice for a
random selection or competitive bidding process, except as provided in
paragraphs (b) and (c) of this section and in Sec. 22.949.
(a) If a petition to deny or other formal objection has been filed,
a copy of any amendment (or other filing) must be served on the
petitioner. If the FCC has issued a Public Notice stating that the
application appears to be mutually exclusive with another application
(or applications), a copy of any amendment (or other filing) must be
served on any such mutually exclusive applicant (or applicants).
(b) Amendments to applications that resolve mutual exclusivity may
be filed at any time, subject to the requirements of Sec. 22.129.
(c) Amendments to applications designated for hearing may be
allowed by the presiding officer and amendments to applications
selected in a random selection process may be allowed by the FCC for
good cause shown. In such instances, a written petition demonstrating
good cause must be submitted and served upon the parties of record.
Sec. 22.123 Classification of filings as major or minor.
Applications and amendments to applications are classified as major
or minor. Categories of major and minor filings are listed in section
309 of the Communications Act of 1934, as amended (47 U.S.C. 309). In
general, a major filing is a request for an FCC action that has the
potential to affect parties other than the applicant. Filings are minor
if they are not classified as major.
(a) Ownership or control change. Filings are major if they specify
a substantial change in beneficial ownership or control (de jure or de
facto), unless such change is involuntary or if the filing merely
amends an application to reflect a change in ownership or control that
has already been approved by the FCC.
(b) Developmental. Applications are major if they request a
developmental authorization pursuant to Sec. 22.409, or a regular
authorization for facilities operating under a developmental
authorization.
(c) Renewal. Applications of renewal of authorizations are major.
(d) Environmental. Filings are major if they request authorization
for a facility that would have a significant environmental effect, as
defined by Secs. 1.1301 through 1.1319 of this chapter.
(e) Paging and Radiotelephone Service. In the Paging and
Radiotelephone Service, filings are major if they:
(1) Request an authorization that would establish for the filer a
new service area or fixed transmission path on a request channel;
(2) Request an authorization that would extend the service area of
an existing station to include area not served by station(s) authorized
to the filer on a requested channel;
(3) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a request channel;
(4) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing fixed transmitter authorized to the filer;
(5) Request an authorization that would relocate an existing fixed
transmitter;
(6) Amend a pending application to change a requested channel;
(7) Amend a pending application in a way that would extend the
service area of a station on a requested channel to include area that--
(i) Would not have been served by that station as previously
proposed in the application and--
(ii) Is not already served by the station on the requested channel;
(8) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as
previously proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel;
(9) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth
of a fixed transmitter;
(10) Amend a pending application to change the location of a fixed
transmitter from that previously proposed in the application; or,
(11) Amend a pending application for which pre-filing coordination
was required (see Sec. 22.150) to change the technical proposal
substantially from that which was coordinated with other users.
(f) Rural Radiotelephone Service. In the Rural Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new central office or subscriber
station;
(2) Request an authorization that would extend the interfering
contours of an existing station beyond the composite interfering
contours of station(s) authorized to the filer on a requested channel;
(3) Request an authorization that would increase the effective
radiated power or antenna height above average terrain in any azimuth
from an existing transmitter authorized to the filer;
(4) Request an authorization that would relocate an existing
transmitter;
(5) Amend a pending application to change a requested channel;
(6) Amend a pending application in a way that would extend the
interfering contours of a station on a requested channel beyond--
(i) The composite interfering contours of that station as
previously proposed in the application and--
(ii) The composite interfering contours of any other stations
authorized to the filer on a requested channel; or,
(7) Amend a pending application to increase the proposed effective
radiated power or antenna height above average terrain in any azimuth
of a transmitter.
(g) Cellular Radiotelephone Service. In the Cellular Radiotelephone
Service, filings are major if they:
(1) Request an authorization to operate a new cellular system;
(2) Request an authorization for facilities that would expand the
cellular geographic service area (CGSA) of an existing cellular system,
except during the applicable five year build-out period, if any;
(3) Request an authorization for facilities that would produce a de
minimis service area boundary extension (see Sec. 22.911(c)(1));
(4) Request that a CGSA boundary or a portion of a CGSA boundary be
determined using an alternative method (see Sec. 22.911(b));
(5) Amend a pending application to change the requested channel
block; or,
(6) Amend a pending application by modifying the CGSA of the
proposed cellular system to include area that--
(i) Was not included in the CGSA as previously proposed in the
application and--
(ii) Is not included in the currently authorized CGSA, if any.
(h) Air-ground Radiotelephone. In the Air-ground Radiotelephone
Service, filings are major if they:
(l) Request an authorization for a new General Aviation ground
station or to relocate an existing General Aviation ground station;
(2) Request the first authorization for a new Commercial Aviation
ground station at a location other than those listed in Sec. 22.859;
(3) Request authorization to add a channel to or change a channel
of an existing General Aviation ground station; or,
(4) Amend a pending application to change the requested channel or
channel block.
(i) Offshore Radiotelephone. In the Offshore Radiotelephone
Service, filings are major if they:
(1) Request an authorization for a new offshore central or
subscriber station;
(2) Request authorization to add a channel to or change a channel
of an existing offshore central or subscriber station; or,
(3) Amend a pending application to change the technical proposal
substantially from that which was coordinated with other users prior to
filing.
(j) Clerical errors. Amendments are classified as minor if they
only correct typographical, transcription or similar clerical errors
that are clearly demonstrated (e.g. by reference to other parts of the
application) to be mistakes, and whose discovery and correction does
not change information previously listed in a Public Notice.
Sec. 22.124 Notification processing.
This section contains rules governing the processing of
notifications (filed on FCC Form 489) in the Public Mobile Services.
(a) File numbers. Notifications received by the FCC are assigned
file numbers. Assignment of a file number to a notification is for
administrative convenience and does not constitute a determination that
the notified action has been examined and not rejected by the FCC.
Assignment of a file number does not preclude the return of a
notification subsequently found to be defective.
(b) Defective notifications. A notification is defective if:
(1) It is unsigned or incomplete with respect to required answers
to questions, informational showings, or other matters of a formal
character;
(2) It notifies of an action that does not comply with one or more
of the FCC rules;
(3) It notifies of an action for which an application for
authorization is required;
(4) It is submitted without the required microfiche; or,
(5) It is untimely filed.
(c) Review. After a file number is assigned, each notification is
reviewed. The purpose of this review is to identify notifications that
are unacceptable (e.g. not signed, missing pages, improper or missing
fee payment). Notifications found to be unacceptable may be returned to
the licensee with a brief statement describing the deficiency. If a
notification is found to be unacceptable, the FCC may direct the
licensee to return the station to compliance with its previous license
terms. Acceptable notifications are added to the appropriate station
files.
Sec. 22.125 Application for special temporary authorizations.
In circumstances requiring immediate or temporary use of Public
Mobile Services stations, carriers may request special temporary
authority (STA) to operate new or modified equipment. Such requests may
be submitted as informal applications (see Sec. 22.105) and must
contain complete details about the proposed operation and the
circumstances that fully justify and necessitate the grant of STA. Such
requests should be filed in time to be received by the FCC at least 10
days prior to the date of proposed operation or, where an extension is
sought, 10 days prior to the expiration date of the existing STA.
Requests received less than 10 days prior to the desired date of
operation may be given expedited considerations only if compelling
reasons are given, in writing, for the delay in submitting the request.
Otherwise, such late-filed requests are considered in turn, but action
might not be taken prior to the desired date of operation. Requests for
STAs must be accompanied by the proper filing fee.
(a) Grant without Public Notice. STAs may be granted without being
listed in a Public Notice, or prior to 30 days after such listing, if:
(1) The STA is to be valid for 30 days or less and the applicant
does not plan to file an application for regular authorization of the
subject operation;
(2) The STA is to be valid for 60 days or less, pending the filing
of an application for regular authorization of the subject operation;
(3) The STA is to allow interim operation to facilitate completion
of authorized construction or to provide substantially the same service
as previously authorized; or
(4) The STA is made upon a finding that there are extraordinary
circumstances requiring operation in the public interest and that delay
in the institution of such service would seriously prejudice the public
interest.
(b) Limit on STA term. The FCC may grant STAs valid for a period
not to exceed 180 days under the provisions of Sec. 309(f) of the
Communications Act of 1934, as amended, (47 U.S.C. 309(f)) if
extraordinary circumstances so require, and pending the filing of an
application for regular operation. The FCC may grant extensions of STAs
for a period of 180 days, but the applicant must show that
extraordinary circumstances warrant such an extension.
Sec. 22.127 Public notices.
Periodically, the FCC issues Public Notices listing major filings
and other information of public significance. Categories of Public
Notice listings are as follows:
(a) Accepted for filing. Acceptance for filing of applications and
major amendments thereto.
(b) Actions. FCC actions on pending applications previously listed
as accepted for filing.
(c) Informative listings. Information that the FCC, in its
discretion, believes to be of public significance. Such listings do not
create any rights to file oppositions or other pleadings.
Sec. 22.128 Dismissal of applications.
The FCC may dismiss any application for authorization, assignment
of authorization, or consent to transfer of control in the Public
Mobile Services, upon request by the applicant, or if the application
is untimely filed, or if the application is mutually exclusive with
another application that is selected or granted in accordance with the
rules in this part, or for failure to prosecute, or if the requested
spectrum is not available, or if the application is found to be
defective. Such dismissal may be ``without prejudice,'' meaning that
the FCC may accept from the applicant another application for the same
purpose at any later time, or ``with prejudice,'' meaning that the FCC
will not accept from the applicant another application for the same
purpose for a period of one year. Unless otherwise provided in this
part, a dismissed application will not be returned to the applicant.
(a) Dismissal at request of applicant. Any applicant may request
that its application be returned or dismissed. A request for the return
of an application after it has been listed on Public Notice as
tentatively accepted for filing is considered to be a request for
dismissal of that application without prejudice.
(1) If the applicant requests dismissal of its application with
prejudice, the FCC will dismiss that application with prejudice.
(2) If the applicant requests dismissal of its application without
prejudice, the FCC will dismiss that application without prejudice,
unless:
(i) It has been designated for comparative hearing;
(ii) It has been selected in a random selection process; or,
(iii) It is an application for which the applicant submitted the
winning bid in a competitive bidding process.
(3) If the applicant requests dismissal of its application for
which it submitted the winning bid in a competitive bidding process,
the FCC will dismiss that application with prejudice. If the applicant
requests dismissal of its application after that application has been
designated for comparative hearing or selected in a random selection
process, it may submit a written petition requesting that the dismissal
be without prejudice. Such petition must demonstrate good cause and
comply with Sec. 22.129 and be served upon all parties of record. The
FCC may grant such petition and dismiss the application without
prejudice or deny the petition and dismiss the application with
prejudice.
(b) Dismissal of mutually exclusive applications not granted. The
FCC may dismiss mutually exclusive applications:
(1) For which the applicant did not submit the winning bid in a
competitive bidding process;
(2) That are included in a random selection process but are not
granted; or,
(3) That receive comparative consideration in a hearing but are not
granted by order of the presiding officer.
(c) Dismissal for failure to prosecute. The FCC may dismiss
applications for failure of the applicant to prosecute or for failure
of the applicant to respond substantially within a specified time
period to official correspondence or requests for additional
information. Such dismissal will generally be without prejudice if the
failure to prosecute or respond occurred prior to designation of the
application for comparative hearing or prior to selection of the
application in a random selection process, but may be with prejudice in
cases of non-compliance with Sec. 22.129. Dismissal will generally be
with prejudice if the failure to prosecute or respond occurred after
designation of the application for comparative hearing or after
selection of the application in a random selection process. The FCC may
dismiss applications with prejudice for failure of the applicant to
comply with requirements related to a competitive bidding process.
(d) Dismissal as defective. The FCC may dismiss without prejudice
applications that it finds to be defective. Applications for
authorization or assignment of authorization are defective if:
(1) They are unsigned or incomplete with respect to required
answers to questions, informational showings, or other matters of a
formal character; or,
(2) They request an authorization that would not comply with one or
more of the FCC rules and do not contain a request for waiver of these
rule(s), or in the event that the FCC denies such a waiver request, do
not contain an alternative proposal that fully complies with the rules;
(e) Dismissal because spectrum not available. The FCC may dismiss
applications that request spectrum which is unavailable because:
(1) It is not allocated for assignment in the Public Mobile
Services (see Part 2 of this chapter);
(2) It was previously assigned to another licensee on an exclusive
basis or cannot be assigned to the applicant without causing
interference; or
(3) Reasonable efforts have been made to coordinate the proposed
facility with foreign administrations under applicable international
agreements, and an unfavorable response (harmful interference
anticipated) has been received.
(f) Dismissal as untimely. The FCC may dismiss without prejudice
applications that are prematurely or late filed, including applications
filed prior to the opening date or after the closing date of a filing
window, or after the cut-off date for a mutually exclusive application
filing group.
Sec. 22.129 Agreements to dismiss applications, amendments or
pleadings.
Parties that have filed an application in the Public Mobile
Services that is mutually exclusive with one or more other
applications, and then enter into an agreement to resolve the mutual
exclusivity by withdrawing or requesting dismissal of the application
or an amendment thereto, must obtain the approval of the FCC. Parties
that have filed or threatened to file a petition to deny, informal
objection or other pleading against a pending application in the Public
Mobile Services and then seek to withdraw or request dismissal of, or
refrain from filing, the petition, either unilaterally or in exchange
for a financial consideration, must obtain the approval of the FCC.
(a) The party withdrawing or requesting dismissal of its
application, petition to deny, informal objection or other pleading or
refraining from filing a pleading must submit to the FCC a request for
approval of the withdrawal or dismissal, a copy of any written
agreement related to the withdrawal or dismissal, and an affidavit
setting forth:
(1) A certification that neither the party nor its principals has
received or will receive any money or other consideration in excess of
the legitimate and prudent expenses incurred in preparing and
prosecuting the application, petition to deny, informal objection or
other pleading in exchange for the withdrawal or dismissal of the
application, petition to deny, informal objection or other pleading, or
threat to file a pleading, except that this provision does not apply to
dismissal or withdrawal of applications pursuant to bona fide merger
agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading or threat to file a pleading.
(b) In addition, within 5 days of the filing date of the
applicant's or petitioner's request for approval, each remaining party
to any written or oral agreement must submit an affidavit setting
forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application, petition to deny, informal
objection or other pleading; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application, petition to deny, informal objection or
other pleading.
(c) No person shall make or receive any payments in exchange for
withdrawing a threat to file or refraining from filing a petition to
deny, informal objection, or any other pleading against an application.
For the purposes of this section, reimbursement by an applicant of the
legitimate and prudent expenses of a potential petitioner or objector,
incurred reasonably and directly in preparing to file a petition to
deny, will not be considered to be payment for refraining from filing a
petition to deny or an informal objection. Payments made directly to a
potential petitioner or objector, or a person related to a potential
petitioner or objector, to implement non-financial promises are
prohibited unless specifically approved by the FCC.
(d) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual, a partner having personal knowledge
of the facts, if a partnership, or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Applications, petitions to deny, informal objections and other
pleadings are deemed to be pending before the FCC from the time the
application or petition to deny is filed with the FCC until such time
as an order of the FCC granting, denying or dismissing the application,
petition to deny, informal objection or other pleading is no longer
subject to reconsideration by the FCC or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing,
prosecuting and/or settling its application, petition to deny, informal
objection or other pleading for which reimbursement is sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions
that confer any type of benefit on the recipient.
Sec. 22.130 Petitions to deny, responsive pleadings.
Petitions to deny any major filing may be filed by parties able to
demonstrate standing to file such petitions. Responsive pleadings to
such petitions may be filed in accordance with the provisions of this
section.
(a) Content and requirements. Petitions to deny and responsive
pleadings must:
(1) Clearly identify the pertinent major filing(s);
(2) Comply with all applicable requirements of Sec. 1.41 through
Sec. 1.52 of this chapter;
(3) Contain specific allegations of fact which, except for facts of
which official notice may be taken, are supported by affidavit of a
person or persons with personal knowledge thereof, and which are
sufficient to demonstrate that the petitioner (or respondent) is a
party in interest and that a grant or other FCC action regarding the
major filing would be inconsistent with the public interest;
(4) Be filed within 30 days after the date of the Public Notice
listing the major filing; and.
(5) Contain a certificate of service showing that a copy has been
mailed to the applicant no later than the date of filing with the FCC.
(b) Expansion. Petitions to deny a major amendment to an
application may raise only matters directly related to the major
amendment that could not have been raised in connection with the
application as originally filed. This paragraph does not apply to
petitioners who gain standing because of the major amendment.
(c) Dismissal. The FCC may, by letter, dismiss any petition to deny
a major filing if the petition does not comply with the requirements of
this section, if the issues raised become moot, or if the petitioner or
his/her attorney fails to appear at a settlement conference pursuant to
Sec. 22.135. The reason(s) for the dismissal are stated in the letter.
When a petition to deny is dismissed, any related responsive pleadings
are also dismissed.
Sec. 22.131 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 the rules governing the Public Mobile service
involved.
(a) Procedures. Procedures for disposing of mutually exclusive
applications are prescribed in the subparts of this part governing the
individual Public Mobile Services and in part 1 of this chapter. The
FCC may first dismiss any applications that are untimely filed or
otherwise subject to dismissal under Sec. 22.128. If any remaining
applications continue to be mutually exclusive, the FCC may grant one
of the mutually exclusive applications and dismiss the rest pursuant to
Sec. 22.128. In selecting the application to grant, the FCC may use
competitive bidding, random selection processes or comparative
hearings, depending on the nature of the mutually exclusive
applications involved.
(b) Separate applications. Applicants that file 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 of 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.
Sec. 22.132 Grant of applications.
Applications for authorization may be granted thirty days after the
issuance date of a Public Notice listing an application or the latest
filed major amendment thereto as acceptable for filing.
(a) Criteria for grants. The FCC grants applications without a
hearing if, after examination of the application and consideration of
any petitions or other pleadings and of such other matters as it may
officially notice, the FCC finds that:
(1) A grant will serve the public interest, convenience, and
necessity;
(2) There are no substantial and material questions of fact
presented;
(3) The applicant is eligible and qualified under applicable FCC
regulations and policies;
(4) The application is acceptable for filing, and complies with the
FCC rules and other applicable requirements;
(5) The application has not been designated for a hearing after
being selected in a random selection process;
(6) There are no applications entitled to comparative consideration
with the application being granted; and
(7) Operation of the proposed station would not cause interference
to any authorized station(s).
(b) Grant of petitioned applications. The FCC may grant, without a
formal hearing, applications against which petitions to deny has been
filed. If any petition(s) to deny are pending (i.e. have not been
dismissed pursuant to Sec. 22.130(c) or withdrawn by the petitioner)
when an application is granted, the FCC denies the petition(s) and
issues a concise statement of the reason(s) for the denial, disposing
of all substantive issues raised in the petitions.
(c) Partial and conditional grants. The FCC may grant applications
in part, and/or subject to conditions other than those normally applied
to authorizations of the same type. When the FCC does this, it will
inform the applicant of the reasons therefor. Such partial or
conditional grants are final unless the FCC revises its action in
response to a petition for reconsideration. Such petitions for
reconsideration must be filed by the applicant within thirty days after
the date of the letter or order stating the reasons for the partial or
conditional grant, and must reject the partial or conditional grant and
return the instrument of authorization.
(d) Designation for hearing. The FCC may designate applications for
a hearing, specifying with particularity the matters in issue, if,
after consideration of the application, any petitions or other
pleadings, and other matters which it may officially notice, the FCC is
unable to make one or more of the findings listed in paragraph (a) of
this section. The FCC may grant, deny or take other action with respect
to applications designated for a hearing.
Sec. 22.135 Settlement conference.
Parties are encouraged to use alternative dispute resolution
procedures to settle disputes (see subpart E of part 1 of this
chapter). In any contested proceeding, the FCC, in its discretion, may
direct the parties or their attorneys to appear before it for a
conference.
(a) The purposes of such conferences are:
(1) To obtain admissions of fact or stipulations between the
parties as to any or all of the matters in controversy;
(2) To consider the necessity for or desirability of amendments to
the pleadings, or of additional pleadings or evidentiary submissions;
(3) To consider simplification or narrowing of the issues;
(4) To encourage settlement of the matters in controversy by
agreement between the parties; and
(5) To consider other matters that may aid in the resolution of the
contested proceeding.
(b) Conferences are scheduled by the FCC at a time and place it may
designate, to be conducted in person or by telephone conference call.
(c) The failure of any party or attorney, following reasonable
notice, to appear at a scheduled conference will be deemed a failure to
prosecute, subjecting that party's application or petition to dismissal
by the FCC pursuant to Sec. 22.128(c) or Sec. 22.130(c).
Sec. 22.137 Assignment of authorization; transfer of control.
Authorizations in the Public Mobile Services may be assigned by the
licensee to another party, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of a licensee holding such
authorizations, only upon approval by the FCC. The assignee is
responsible for ascertaining that the station facilities are and will
remain in compliance with the terms and conditions of the authorization
to be assigned.
(a) Application required. The assignor or transferor must file an
application for approval of assignment or transfer of control (FCC Form
490). In the case of involuntary assignment, such application must be
filed no later than 30 days after the event causing the assignment. The
assignee or transferee must file a report qualifying it as a common
carrier (FCC Form 430) unless a current report is already on file with
the FCC.
(b) Notification of completion. Assignments and transfers of
control must be completed within 60 days of FCC approval. The assignee
or transferee must notify the FCC by letter of the date of completion
of the assignment or transfer of control. If an assignment or transfer
of control is not completed within this time, the assignor or
transferor must so notify the FCC by letter, and the assignee or
transferee must submit the authorization(s) to the FCC for cancellation
or request an extension of time to complete the assignment or transfer
of control. If the assignment or transfer of control is not completed,
the authorization(s) remain with the assignor or transferor.
(c) Partial assignment of authorization. If the authorization for
some, but not all, of the facilities of a Public Mobile Services
station is assigned to another party, voluntarily or involuntarily,
such action is a partial assignment of authorization.
(1) To request FCC approval of a partial assignment of
authorization, the following must be filed in addition to the forms
required by paragraph (a) of this section:
(i) The assignor must notify the FCC (FCC Form 489) of the
facilities to be deleted from its authorization upon completion of the
assignment.
(ii) The assignee must apply for authority (FCC Form 401) to
operate a new station including the facilities for which authorization
is assigned, or to modify the assignee's existing station to include
the facilities for which authorization was assigned.
(2) Partial assignments must be completed within 60 days of FCC
approval. If an approved partial assignment is not completed within
this time, the assignor must notify the FCC (FCC Form 489), and the
assignee must submit the authorization(s) to the FCC for cancellation
or request an extension of time to complete the assignment. If the
assignment is not completed, the authorization(s) remain with the
assignor.
(d) Limitations. The FCC may deny applications for assignment of
authorization or consent to transfer of control if:
(1) The FCC is unable to make the findings contained in
Sec. 22.132(a) with respect to both parties to the assignment or
transfer;
(2) The authorization was obtained for the principal purpose of
speculation or profitable resale, rather than provision of common
carrier telecommunication services to the public; or,
(3) The authorization is for a commercial aviation system in the
Air-ground Radiotelephone Service or an unserved area cellular system
in the Cellular Radiotelephone Service and the system has not been
constructed or operated, or has been operated for less than one year.
(i) Licensees must not enter into agreements (e.g. option
agreements or management contracts) to assign authorizations before or
during the first year of operation, even if the assignment is to take
place after the first year of operation.
(ii) Notwithstanding the introductory texts of paragraphs (d) and
(d)(3) of this section, the FCC may grant applications for pro forma
assignments during the first year of operation.
Sec. 22.139 Trafficking.
Carriers must not obtain or attempt to obtain an authorization in
the Public Mobile services for the principal purpose of speculation or
profitable resale of the authorization, but rather for the provision of
common carrier telecommunication services to the public.
(a) Applications for approval of assignment of authorization may be
reviewed by the FCC to determine if the circumstances indicate
trafficking in Public Mobile services authorizations.
(b) The FCC may require submission of an affirmative, factual
showing, supported by affidavit of persons with personal knowledge
thereof, to demonstrate that the assignor did not acquire the
authorization for the principal purpose of speculation or profitable
resale of the authorization. This showing may include, for example, a
demonstration that the proposed assignment is due to changed
circumstances (described in detail) affecting the licensee after the
grant of the authorization, or that the proposed assignment is
incidental to a sale of other facilities or a merger of interests.
Sec. 22.142 Commencement of service; notification requirement.
Stations must begin providing service to subscribers no later than
the date of required commencement of service specified on the
authorization. If service to subscribers has not begun by the date of
required commencement of service, the authorization terminates, in
whole or in part, without action by the FCC, pursuant to Sec. 21.144.
Additional requirements for construction of facilities apply to
cellular systems (see Sec. 22.946) and commercial aviation air-ground
systems (see Sec. 22.873).
(a) Construction period. The period between the date of grant of an
authorization and the date of required commencement of service is
referred to as the construction period. The terms of construction
periods are given in the subparts of this part governing each Public
Mobile Service.
(b) Notification requirement. Licensees must notify the FCC (FCC
Form 489) of commencement of service to subscribers. The notification
must be mailed or delivered to the filing place (see Sec. 22.106) no
later than 15 days after service begins.
(1) The notification must state whether the station was constructed
exactly as authorized or with minor changes.
(2) If service to subscribers has begun using some, but not all, of
the authorized transmitters, the notification must show to which
specific transmitters it applies. Additional notifications must be
filed if and when other transmitters commence providing service to
subscribers. If the licensee no longer intends to construct and/or
operate the remaining authorized transmitters, the notification should
so state.
(3) This section does not require licensees to notify the FCC of
facilities added or modified pursuant to the provisions of Secs. 22.163
and 22.165. It applies only to facilities specifically listed in
authorizations for which a construction period is provided.
(c) Requests for extension. Before the date of required
commencement of service, licensees may file an application (FCC Form
401) requesting an extension of the construction period.
(1) The FCC may grant applications for extension of the
construction period if the licensee shows that failure to commence
providing service to subscribers is due to causes beyond its control.
(2) The FCC does not grant applications for extension of the
construction period if failure to commence providing service to
subscribers is due to delays caused by lack of financing, failure to
obtain an antenna site, or failure to order equipment in a timely
manner. If the licensee orders equipment within 90 days of
authorization grant, a presumption of diligence is created.
(3) The FCC does not grant applications for extension of the
construction period if the licensee fails to commence providing service
to subscribers because it intends to assign the authorization. The FCC
does not grant applications for extension of the construction period
solely to allow an assignee to complete facilities the assignor failed
to construct.
(d) Automatic extension for relocation. If, prior to the end of the
construction period, a licensee files an application (FCC Form 401) to
relocate a transmitter because of involuntary loss of the proposed site
or for other reasons due to causes beyond the licensee's control, the
construction period is automatically extended pending disposition of
that application.
(1) Extension of the construction period for one transmitter under
this paragraph does not extend the construction period for other
transmitter under the same authorization that are not to be relocated.
(2) The filing of applications for modifications other than
involuntary relocation does not automatically extend the construction
period.
Sec. 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services
prior to grant of their applications, subject to the provisions of this
section, but must not operate such facilities until the FCC grants an
authorization. If the conditions stated in this section are not met,
applicants must not begin to construct facilities in the Public Mobile
Services.
(a) When applicants may begin construction. An applicant may begin
construction of a facility 35 days after the date of the Public Notice
listing the application for that facility as acceptable for filing,
except that an applicant whose application to operate a new cellular
system was selected in a random selection process may begin
construction of that new cellular system 35 days after the date of the
Public Notice listing it as the tentative selectee.
(b) Notification to stop. If the FCC for any reason determines that
construction should not be started or should be stopped while an
application is pending, and so notifies the applicant, orally (followed
by written confirmation) or in writing, the applicant must not begin
construction or, if construction has begun, must stop construction
immediately.
(c) Assumption of risk. Applicants that begin construction pursuant
to this section before receiving an authorization do so at their own
risk and have no recourse against the United States for any losses
resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility
into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is
subject to the following conditions:
(1) The application is not mutually exclusive with any other
application, except for successful bidders and tentative selectees in
the Cellular Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one
or more FCC rules;
(4) For any construction or alteration that would exceed the
requirements of Sec. 17.7 of this chapter, the licensee has notified
the appropriate Regional Office of the Federal Aviation Administration
(FAA Form 7460-1), filed a request for antenna height clearance and
obstruction marking and lighting specifications (FCC Form 854) with the
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
(5) The applicant has indicated in the application that the
proposed facility would not have a significant environmental effect, in
accordance with Secs. 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this
part, individual coordination of the proposed channel assignment(s)
with a foreign administration is not required.
Sec. 22.144 Termination of authorizations.
Authorizations in the Public Mobile Services remain valid until
terminated in accordance with this section, except that the FCC may
revoke an authorization pursuant to section 312 of the Communications
Act of 1934, as amended (47 U.S.C. 312).
(a) Expiration. Authorizations automatically terminate, without
specific FCC action, on the expiration date specified therein, unless a
timely application for renewal is filed (see Sec. 22.145). No
authorization granted under the provisions of this part shall be for a
longer term than ten years. See 47 U.S.C. 307(c).
(b) Failure to commence providing service to subscribers.
Authorizations automatically terminate, in whole or in part, without
specific FCC action, on the date of required commencement of service,
if service to subscribers is not commenced by that date (see
Sec. 22.142), except as provided in paragraph (b)(1) of this section.
(1) Authorizations do not terminate while a timely filed
application for extension of the construction period is pending (see
Sec. 22.142(c)).
(2) If a timely filed application for extension of the construction
period is dismissed or denied, the authorization automatically
terminates, in whole or in part, without specific FCC action, on the
day after the applicant or the applicant's attorney is notified of the
FCC's action dismissing or denying the application for extension of the
construction period.
(c) Service discontinued. Authorizations automatically terminate,
without specific FCC action, if service is permanently discontinued as
provided in Sec. 22.317.
(d) STAs. Special Temporary Authorizations (STAs) automatically
terminate, without specific FCC action, at the end of the period
specified therein, except as provided in paragraph (d)(1) of this
section, or upon failure to comply with the terms and conditions
therein.
(1) STAs do not terminate while a timely filed request for an
extension of the STA term, in accordance with Sec. 22.125(b), is
pending.
(2) If a timely filed request for extension of the STA term is
dismissed or denied, the STA automatically terminates, without specific
FCC action, on the day after the applicant or the applicant's attorney
is notified of the FCC's action dismissing or denying the request for
extension.
(e) Cancellation. Authorizations submitted by licensees for
cancellation terminate when the FCC gives Public Notice of such action.
Sec. 22.145 Renewal application procedures.
Applications for renewal (FCC Form 405) of expiring authorizations
must be filed by the licensee prior to, but no earlier than 30 days
before, the expiration date of the authorization. A separate
application is required for each authorization (call sign). Competing
applications from parties wishing to challenge the renewal must be
filed during the same 30 day period. Additional renewal requirements
applicable only to specific Public Mobile Services are set forth in the
subparts governing those services.
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 of receipt of the
notification by the party being notified. 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.
Sec. 22.157 Distance computation.
The method given in this section must be used to compute the
distance between any two locations, except that, for computation of
distance involving stations in Canada and Mexico, methods for distance
computation specified in the applicable international agreement, if
any, must be used instead. The method set forth in this paragraph is
considered to be sufficiently accurate for distances not exceeding 475
km (295 miles).
(a) Convert the latitudes and longitudes of each reference point
from degree-minute-second format to degree-decimal format by dividing
minutes by 60 and seconds by 3600, then adding the results to degrees.
TR17NO94.000
(b) Calculate the mean geodetic latitude between the two reference
points by averaging the two latitudes:
TR17NO94.001
(c) Calculate the number of kilometers per degree latitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
TR17NO94.002
(d) Calculate the number of kilometers per degree of longitude
difference for the mean geodetic latitude calculated in paragraph (b)
of this section as follows:
TR17NO94.003
(e) Calculate the North-South distance in kilometers as follows:
TR17NO94.004
(f) Calculate the East-West distance in kilometers as follows:
TR17NO94.005
(g) Calculate the distance between the locations by taking the
square root of the sum of the squares of the East-West and North-South
distances:
TR17NO94.006
(h) Terms used in this section are defined as follows:
(1) LAT1dd and LON1dd are the coordinates of the first
location in degree-decimal format.
(2) LAT2dd and LON2dd are the coordinates of the second
location in degree-decimal format.
(3) ML is the mean geodetic latitude in degree-decimal format.
(4) KPDlat is the number of kilometers per degree of latitude
at a given mean geodetic latitude.
(5) KPDlon is the number of kilometers per degree of longitude
at a given mean geodetic latitude.
(6) NS is the North-South distance in kilometers.
(7) DIST is the distance between the two locations, in kilometers.
Sec. 22.159 Computation of average terrain elevation.
Average terrain elevation must be calculated by computer using
elevations from a 30 second point or better topographic data file. The
file must be identified. If a 30 second point data file is used, the
elevation data must be processed for intermediate points using
interpolation techniques; otherwise, the nearest point may be used. In
cases of dispute, average terrain elevation determinations can also be
done manually, if the results differ significantly from the computer
derived averages.
(a) Radial average terrain elevation is calculated as the average
of the elevation along a straight line path from 3 to 16 kilometers (2
and 10 miles) extending radially from the antenna site. If a portion of
the radial path extends over foreign territory or water, such portion
must not be included in the computation of average elevation unless the
radial path again passes over United States land between 16 and 134
kilometers (10 and 83 miles) away from the station. At least 50 evenly
spaced data points for each radial should be used in the computation.
(b) Average terrain elevation is the average of the eight radial
average terrain elevations (for the eight cardinal radials).
(c) For locations in Dade and Broward Counties, Florida, the method
prescribed above may be used or average terrain elevation may be
assumed to be 3 meters (10 feet).
Sec. 22.161 Application requirements for ASSB.
Applications for base stations employing amplitude compandored
single sideband modulation (ASSB) must contain the following
information:
(a) The application must describe fully the modulation
characteristics, emission and occupied bandwidth, and specify the
center frequency of the emission for each channel, carrier frequency,
and pilot channels, if any. The emission must fall completely within a
channel assignable for two-way operation in the Paging and
Radiotelephone Service, Rural Radiotelephone Service or Offshore
Radiotelephone Service.
(b) The application must contain interference studies between
stations within an authorized bandwidth, whether FM-to-ASSB, ASSB-to-
FM, or ASSB-to-ASSB in accordance with the following: For ASSB
stations, the transmitter nearest to the protected station must be
used. The effective radiated power in the direction of the protected
station must be the sum of the peak effective radiated power of all
transmitters in the group, in the direction of the protected station.
The antenna center of radiation height above average terrain must be
the highest antenna center of radiation height of any transmitter in
the group in the direction of the protected station. The channel of the
group is assumed to be the same as that of the protected station (co-
channel), and studies must be made in accordance with Sec. 22.567.
Sec. 22.163 Minor modifications to existing stations.
Licensees may make modifications to existing stations without
obtaining prior Commission approval provided:
(a) Classification as minor. The modifications must be minor.
Modifications to a station are minor if an application filed solely for
the purpose of obtaining authorization for such modifications would not
be classified as major in accordance with Sec. 22.123.
(b) International coordination. The modifications are limited to
those for which individual coordination of the channel assignment(s)
with a foreign administration, under applicable international
agreements and rules in this part, is not required.
(c) Antenna structure clearance required. For any construction or
alteration that would exceed the requirements of Sec. 17.7 of this
chapter, licensees must notify the appropriate Regional Office of the
Federal Aviation Administration (FAA Form 7460-1) and file a request
for antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC, PRB, Support Services
Branch, Gettysburg, PA 17325.
(d) Provision of information upon request. Licensees must supply
administrative or technical information concerning the modified
facilities upon request by the FCC. At the time modifications are made
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.
(e) Notification required for modifications affecting CGSA.
Licensees in the Cellular Radiotelephone Service must notify the FCC
(FCC Form 489) of any modifications made under this section that cause
a change in the Cellular Geographic Service Area boundary (including
the removal of a transmitter or transmitters). The notification must
include full size and reduced maps, and supporting engineering, as
described in Sec. 22.953(a)(5) (i) through (iii). If the modification
involves a contract service area boundary (SAB) extension (see
Sec. 22.912), the notification must include a statement as to whether
the five year build-out period for the system on the relevant channel
block in the market into which the SAB extends has elapsed, and whether
the SAB extends into any unserved area in that market. The notification
must be mailed or delivered to the filing place (see Sec. 22.106) no
later than 15 days after the modification is made.
Sec. 22.165 Additional transmitters for existing systems.
A licensee may operate additional transmitters at additional
locations on the same channel or channel block as its existing system
without obtaining prior Commission approval provided:
(a) International coordination. The locations and/or technical
parameters of the additional transmitters are such that individual
coordination of the channel assignment(s) with a foreign
administration, under applicable international agreements and rules in
this part, is not required.
(b) Antenna structure clearance required. For any construction or
alteration that would exceed the requirements of Sec. 17.7 of this
chapter, licensees must notify the appropriate Regional Office of the
Federal Aviation Administration (FAA Form 7460-1) and file a request
for antenna height clearance and obstruction marking and lighting
specifications (FCC Form 854) with the FCC, PRB, Support Services
Branch, Gettysburg, PA 17325.
(c) Environmental. The additional transmitters must not have a
significant environmental effect as defined by Secs. 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 service area and interfering contours of the additional
transmitter(s) must be totally encompassed by the composite service
area contour and predicted interfering contour, respectively, of the
existing station on the same channel; except that this limitation does
not apply to nationwide network paging stations or in-building
radiation systems.
(2) Additional transmitters in the 43 MHz frequency range operate
under developmental authority, subject to the conditions set forth
Sec. 22.411.
(3) The additional transmitters must not operate on control
channels in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or
959 MHz frequency ranges.
(e) Cellular Radiotelephone Service. During the five year build-out
period, the service area boundaries of the additional transmitters, as
calculated by the method set forth in Sec. 22.911(a), must remain
within the market, except that the service area boundaries may extend
beyond the market boundary into area that is part of the CGSA or is
already encompassed by the service area boundaries of previously
authorized facilities. After the five year build-out period, the
service area boundaries of the additional transmitters, as calculated
by the method set forth in Sec. 22.911(a), must remain within the CGSA.
Licensees must notify the FCC (FCC Form 489) of any transmitters added
under this section that cause a change in the CGSA boundary. The
notification must include full size and reduced maps, and supporting
engineering, as described in Sec. 22.953(a)(5) (i) through (iii). If
the addition of transmitters involves a contract service area boundary
(SAB) extension (see Sec. 22.912), the notification must include a
statement as to whether the five year build-out period for the system
on the relevant channel block in the market into which the SAB extends
has elapsed, and whether the SAB extends into any unserved area in the
market. The notification must be mailed or delivered to the filing
place (see Sec. 22.106) no later than 15 days after the addition is
made.
(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.
Sec. 22.169 International coordination of channel assignments.
Channel assignments under this part are subject to the applicable
provisions and requirements of treaties and other international
agreements between the United States government and the governments of
Canada and Mexico.
Subpart C--Operational and Technical Requirements
Operational Requirements
Sec. 22.301 Station inspection.
The licensee of any station authorized in the Public Mobile
Services must make the station and station records available for
inspection by representatives of the FCC at any reasonable hour.
Sec. 22.303 Retention of station authorizations; identifying
transmitters.
The current authorization for each station, together with current
administrative and technical information concerning modifications to
facilities pursuant to Sec. 22.163 and added facilities pursuant to
Sec. 22.165 must be retained as a permanent part of the station
records. A clearly legible photocopy of the authorization must be
available at each regularly attended control point of the station, or
in lieu of this photocopy, licensees may instead make available at each
regularly attended control point the address or location where the
licensee's current authorization and other records may be found. The
station call sign must be clearly and legibly marked on or near every
transmitting facility, other than mobile transmitters, of the station.
Sec. 22.305 Operator and maintenance requirements.
FCC operator permits and licenses are not required to operate,
repair or maintain equipment authorized in the Public Mobile Services.
Station licensees are responsible for the proper operation and
maintenance of their stations, and for compliance with FCC rules.
Sec. 22.307 Operation during emergency.
Licensees of stations in the Public Mobile services may, during a
period of emergency in which normal communications facilities are
disrupted as a result of hurricane, flood, earthquake or other natural
disaster, civil unrest, widespread vandalism, national emergencies or
emergencies declared by Executive Order of the President, use their
stations to temporarily provide emergency communications services in a
manner or configuration not normally allowed by this part, provided
that such operations comply with the provisions of this section.
(a) Technical limitations. Public Mobile stations providing
temporary emergency communications service must not transmit:
(1) On channels other than those authorized for normal operations.
(2) With power in excess of that authorized for normal operations;
(3) Emission types other than those authorized for normal
operations.
(b) Discontinuance. Temporary emergency use of Public Mobile
stations must be discontinued as soon as normal communication
facilities are restored. The FCC may, at any time, order the
discontinuance of any such emergency communication services.
Sec. 22.313 Station identification.
The licensee of each station in the Public Mobile Services must
ensure that the transmissions of that station are identified in
accordance with the requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground
Radiotelephone Service;
(3) Rural subscriber stations using meteor burst propagation mode
communications in the Rural Radiotelephone Service;
(4) Rural subscriber stations using Basic Exchange Telephone Radio
Systems in the Rural Radiotelephone Service.
(b) For all other stations in the Public Mobile Services, station
identification must be transmitted at the end of each transmission or
series of transmissions. During prolonged or continuous series of
transmissions, station identification must be transmitted at periodic
intervals not to exceed thirty minutes; however, transmission of such
periodic 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 telephone 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. Station identification comprises transmission of
the call sign assigned by the FCC to the station, however, the
following may be used in lieu of the call sign:
(1) For transmissions 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.
Sec. 22.315 Duty to respond to official communications.
Licensees in the Public Mobile services must respond to official
communications from the FCC with reasonable dispatch and according to
the tenor of the communication. Failure to do so may be considered by
the FCC to reflect adversely on a carrier's qualifications to hold FCC
authorizations, and may also create liabilities for other sanctions.
(a) Any person receiving official notice of an apparent or actual
violation of a federal statute, international agreement, Executive
Order, or regulation pertaining to communications shall respond in
writing within 10 days to the office of the FCC originating the notice.
If a response can not be sent within 10 days, an acknowledgement shall
be sent, followed by a response as soon as possible explaining the
reason for the delay.
(b) Responses to official communications must be complete and self-
contained without reference to other communications unless copies of
such other communications are attached to the response.
Sec. 22.317 Discontinuance of station operation.
If the operation of a Public Mobile Services station is permanently
discontinued, the licensee shall send the authorization for
cancellation to: Mobile Services Division, Common Carrier Bureau,
Federal Communications Commission, Washington DC 20554. 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.
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.
(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:
(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. 22.323 Incidental communication services.
Carriers authorized to operate stations in the Public Mobile radio
services may use these stations to provide other communications
services incidental to the primary public mobile service for which the
authorizations were issued, provided that:
(a) The costs and charges of subscribers who do not wish to use
incidental services are not increased as a result of provision of
incidental services to other subscribers;
(b) The quality of the primary public mobile service does not
materially deteriorate as a result of provision of incidental services,
and neither growth nor availability of the primary public mobile
service is significantly diminished as a result of provision of
incidental services;
(c) The provision of the incidental services is not inconsistent
with the Communications Act of 1934, as amended, or with FCC rules and
policies; and
(d) The licensee notifies the FCC by letter before providing the
incidental services. This notification must include a complete
description of the incidental services.
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 common carrier in each service area. All
applicants for, and licensees of, stations in the Public Mobile
Services shall cooperate in the selection and use of channels in order
to minimize interference and obtain the most efficient use of the
allocated spectrum.
Sec. 22.352 Protection from interference.
Public Mobile Services stations operating in full 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 which significantly
interrupts or degrades a radio service is being caused, it may, after
notice and an opportunity for a hearing, 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 FCC not notified. No protection is
provided against interference to the service of any additional or
modified transmitter operating pursuant to Sec. 22.163 or Sec. 22.165,
unless and until the licensee notifies the FCC (FCC Form 489) of the
additional or modified transmitter.
(7) In-building radiation systems. No protection is provided
against interference to the service of in-building radiation systems
(see Sec. 22.383).
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 dBV/m. To determine the radial distance to the
boundary of this area, the following formula must be used:
TR17NO94.007
where d is the radial distance to the boundary, in kilometers
p is the radial effective radiated power, in kilowatts
The maximum effective radiated power in the pertinent direction,
without consideration of the antenna's vertical radiation pattern or
height, must be used in the formula.
(c) Licensees are not required to resolve blanketing interference
to mobile receivers or non-RF devices or blanketing interference
occurring as a result of malfunctioning or mistuned receivers,
improperly installed consumer antenna systems, or the use of high gain
antennas or antenna booster amplifiers by consumers.
(d) Licensees that install transmitting antennas at a location
where there are already one or more transmitting antennas are
responsible for resolving any new cases of blanketing interference in
accordance with this section.
(e) Two or more licensees that concurrently install transmitting
antennas at the same location are jointly responsible for resolving
blanketing interference cases, unless the FCC can readily determine
which station is causing the interference, in which case the licensee
of that station is held fully responsible.
(f) After the one year period of responsibility to resolve
blanketing interference, licensees must provide upon request technical
information to complainants on remedies for blanketing interference.
Sec. 22.355 Frequency tolerance.
Except as otherwise provided in this part, the carrier frequency of
each transmitter in the Public Mobile Services must be maintained
within the tolerances given in Table C-1 of Sec. 22.357.
Sec. 22.357 Emission types.
Any authorized station in the Public Mobile services may transmit
the standard emission types set forth in this section, regardless of
whether they are listed on the station authorization. Before using any
emission type(s) other than those set forth in this section (e.g.),
amplitude compandored single sideband), licensees must apply for (FCC
Form 401) and obtain authority to do so, and must explain in detail the
reason why such authority is needed. An explanation of the standard
international emission designators used throughout the FCC rules is
contained in subpart C of part 2 of this chapter.
Table C-1.--Frequency Tolerance for Transmitters in the Public Mobile Services
----------------------------------------------------------------------------------------------------------------
Frequency range Base, fixed Mobile>watts Mobile<=3 watts
----------------------------------------------------------------------------------------------------------------
25 to 50 MHz.................................. 20.0 ppm............ 20.0 ppm............ 50.0 ppm
50 to 450 MHz................................. 5.0 ppm............. 5.0 ppm............. 50.0 ppm
450 to 512 MHz................................ 2.5 ppm............. 5.0 ppm............. 5.0 ppm
821 to 896 MHz................................ 1.5 ppm............. 2.5 ppm............. 2.5 ppm
928 to 929 MHz................................ 5.0 ppm............. n/a................. n/a
929 to 960 MHz................................ 1.5 ppm............. n/a................. n/a
2110 to 2220 MHz.............................. 10.0 ppm............ n/a................. n/a
----------------------------------------------------------------------------------------------------------------
(a) Any station in the Public Mobile Services may transmit
unmodulated emissions (NON) for short periods for equipment testing.
(b) Any station in the Paging and Radiotelephone Service, Rural
Radiotelephone Service or Offshore Radiotelephone Service may transmit:
(1) Emissions of the following types: 15K0F2D, 16K0F3E, 16K0F3C,
16K0F1D, and 16K0F1E;
(2) Emissions resulting from modulation of transmitters by sub-
audible tones or other signals used to establish and/or maintain
communications;
(3) Continuous unmodulated emissions (NON), with a power at least
10 dB less than that authorized, to prevent false indication of channel
occupation.
(c) Any station in the Cellular Radiotelephone Service may transmit
emissions of the following types: 40K0F3E, 40K0F3D and 40K0F1D. See
also Secs. 22.901 and 22.917.
(d) Basic Exchange Telephone Radio Systems in the Rural
Radiotelephone Service may transmit emissions of the following type:
20K0D7W.
(e) The frequency deviation must not exceed 12 kHz for frequency
modulated emissions with a bandwidth of 40 kHz, and 5 kHz for frequency
modulated emissions with a bandwidth of 16 kHz.
Sec. 22.359 Emission masks.
Unless otherwise indicated in the rules governing a specific radio
service, all transmitters intended for use in the Public Mobile
Services must be designed to comply with the emission masks outlined in
this section. If an emission outside of the authorized bandwidth causes
harmful interference, the FCC may, at its discretion, require greater
attenuation than specified in this section.
(a) Analog modulation. For transmitters other than those employing
digital modulation techniques, the mean or peak envelope power of
adjacent channel emissions must be attenuated below the output mean or
peak envelope power of the total emission (P, in Watts) in accordance
with the following schedule:
(1) On any frequency removed from the center frequency of the
assigned channel by more than 50 percent up to and including 100
percent of the authorized bandwidth:
at least 25 dB:
(2) On any frequency removed from the center frequency of the
assigned channel by more than 100 percent up to and including 250
percent of the authorized bandwidth:
at least 35 dB:
(3) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(b) Digital modulation. For transmitters not equipped with an audio
low pass filter and for transmitters employing digital modulation
techniques, the mean or peak envelope power of sideband emissions must
be attenuated below the mean or peak envelope power of the total
emission (P, in Watts) in accordance with the following schedule:
(1) For transmitters that operate in the frequency ranges 35 to 44
MHz, 72 to 73 MHz, 75.4 to 76.0 MHz and 152 to 159 MHz,
(i) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of more
than 5 kHz but not more than 10 kHz:
at least 83 log (fd5) dB;
(ii) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of more
than 10 kHz but not more than 250 percent of the authorized bandwidth:
at least 29 log fd211) dB or 50 dB, whichever is the
lesser attenuation;
(iii) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(2) For transmitters that operate in the frequency ranges 450 to
512 MHz and 929 to 932 MHz,
(i) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of more
than 5 kHz but not more than 10 kHz:
at least 83 log (fd5) dB;
(ii) On any frequency removed from the center frequency of the
assigned channel by a displacement frequency fd (in kHz) of more
than 10 kHz but not more than 250 percent of the authorized bandwidth:
at least 116 log (fd6.1) dB, or 50 + 10 log P dB, or 70
dB, whichever is the lesser attenuation;
(iii) On any frequency removed from the center frequency of the
assigned channel by more than 250 percent of the authorized bandwidth:
at least 43 + 10 log P dB, or 80 dB, whichever is the lesser
attenuation.
(c) Measurement procedure. Either peak or average power may be
used, provided that the same technique is used for both the adjacent
channel or sideband emissions and the total emission. The resolution
bandwidth of the measuring instrument must be set to 300 Hz for
measurements on any frequency removed from the center frequency of the
assigned channel by no more than 250 percent of the authorized
bandwidth and 30 kHz for measurements on any frequency removed from the
center frequency of the assigned channel by more than 250 percent of
the authorized bandwidth.
Sec. 22.361 Standby facilities.
Licensees of stations in the Public Mobile Services may install
standby transmitters for the purpose of continuing service in the event
of failure or during required maintenance of regular transmitters
without obtaining separate authorization, provided that operation of
the standby transmitters would not increase the service areas or
interference potential of the stations, and that such standby
transmitters use the same antenna as the regular transmitters they
temporarily replace.
Table C-2.--Technical Requirements for Directional Antennas
------------------------------------------------------------------------
Maximum
Frequency range beamwidth Suppression
------------------------------------------------------------------------
35 to 512 MHz................................ 80 deg. 10 dB
512 to 1500 MHz.............................. 20 deg. 13 dB
1500 to 2500 MHz............................. 12 deg. 13 dB
------------------------------------------------------------------------
Sec. 22.363 Directional antennas.
Fixed transmitters for point-to-point operation must use a
directional transmitting antenna with the major lobe of radiation in
the horizontal plane directed toward the receiving antenna or passive
reflector of the station for which the transmissions are intended.
Directional antennas used in the Public Mobile Services must meet the
technical requirements given in Table C-2 to Sec. 22.361.
(a) Maximum beamwidth is for the major lobe at the half power
points.
(b) Suppression is the minimum attenuation for any secondary lobe
referenced to the main lobe.
(c) An omnidirectional antenna may be used for fixed transmitters
where there are two or more receive locations at different azimuths.
Sec. 22.365 Antenna structures; air navigation safety.
Licensees must not allow antenna structures to become a hazard to
air navigation.
(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. Lighting and marking specifications are contained in
FCC Form 715 and FCC Form 715a.
(b) Maintenance contracts. Licensees may enter into a contract with
an entity to monitor and carry out necessary maintenance of antenna
structures. Licensees that make such contractual arrangements,
including situations in which a common antenna structure is used,
continue to be responsible for the maintenance of antenna structures in
regard to air navigation safety.
Sec. 22.367 Wave polarization.
Public mobile station antennas must be of the correct type and
properly installed such that the electromagnetic emissions have the
polarization required by this section.
(a) Vertical. Waves radiated by the following must be vertically
polarized:
(1) Base, mobile, dispatch, and auxiliary test transmitters in the
Paging and Radiotelephone Service;
(2) Transmitters in the Offshore Radiotelephone Service;
(3) Transmitters on channels in the 72-76 MHz frequency range;
(4) Base, mobile and auxiliary test transmitters in the Cellular
Radiotelephone Service;
(5) Control and repeater transmitters on channels in the 900-960
MHz frequency range;
(6) Rural subscriber stations communicating with base transmitters
in the Paging and Radiotelephone Service pursuant to Sec. 22.563.
(7) Ground and airborne mobile transmitters in the Air-ground
Radiotelephone Service.
(b) Horizontal. Waves radiated by transmitters in the Public Mobile
Services, other than transmitters required by paragraph (a) of this
section to radiate a vertically polarized wave must be horizontally
polarized, except as otherwise provided in paragraphs (c) and (d) of
this section.
(c) Circular. If communications efficiency would be improved and/or
interference reduced, the FCC may authorize transmitters other than
those listed in paragraphs (a)(1) through (a)(7) of this section to
radiate a circularly polarized wave.
(d) Any polarization. Public Land Mobile stations transmitting on
channels higher than 960 MHz are not limited as to wave polarization.
Sec. 22.369 Quiet zones.
Quiet zones are those areas where it is necessary to restrict
radiation so as to minimize possible impact on the operations of radio
astronomy or other facilities that are highly sensitive to
interference. The areas involved and procedures required are as
follows:
(a) NRAO, NRRO. The requirements of this paragraph are intended to
minimize possible interference at the National Radio Astronomy
Observatory site located at Green Bank, Pocahontas County, West
Virginia, and at the Naval Radio Research Observatory site at Sugar
Grove, Pendleton County, West Virginia.
(1) Carriers planning to construct and operate a new or modified
Public Mobile Services station at a permanent fixed location within the
area bounded by N.39 deg.15' on the north, W.78 deg.30' on the east,
N.37 deg.30' on the south, and W.80 deg.30' on the west must notify the
Director, National Radio Astronomy Observatory, Post Office Box No. 2,
Green Bank, West Virginia 24944, in writing, of the technical details
of the proposed operation. The notification must include the
geographical coordinates of the antenna location, the antenna height,
antenna directivity (if any), the channel, the emission type and power.
(2) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (a)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (a)(1) of this
section was made. After receipt of such applications, the FCC will
allow a period of 20 days for comments or objections in response to the
notifications indicated.
(3) If an objection is received during the 20-day period from the
National Radio Astronomy Observatory for itself or on behalf of the
Naval Radio Research Observatory, the FCC will, after consideration of
the record, take whatever action is deemed appropriate.
(b) Table Mountain. The requirements of this paragraph are intended
to minimize possible interference at the Table Mountain Radio Receiving
Zone of the Research Laboratories of the Department of Commerce located
in Boulder County, Colorado.
(1) Carriers planning to construct and operate a new or modified
Public Mobile Services station at a permanent fixed location in the
vicinity of Boulder County, Colorado are advised to give consideration,
prior to filing applications, to the need to protect the Table Mountain
Radio Receiving Zone from interference. 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.07'50'' North Latitude,
105 deg.14'40'' West Longitude) resulting from new assignments (other
than mobile stations) or from the modification or relocation of
existing facilities do not exceed the values given in Table C-3 of this
section.
Table C-3.--Field Strength Limits for Table Mountain
------------------------------------------------------------------------
Frequency range Field strength Power flux density
------------------------------------------------------------------------
1.6 to 470 MHz.............. 10 mV/m............. -65.8 dBW/m2
470 to 890 MHz.............. 30 mV/m............. -56.2 dBW/m2
890 to 3000 MHz............. 1 mV/m.............. -85.8 dBW/m2
------------------------------------------------------------------------
Note: Equivalent values of power flux density are calculated assuming
free space characteristic impedance of 376.7 (120
).
(2) Advance consultation is recommended, particularly for
applicants that have no reliable data to indicate whether the field
strength or power flux density figures in the above table would be
exceeded by their proposed radio facilities. In general, coordination
is recommended for:
(i) Stations located within 2.4 kilometers (1.5 miles);
(ii) Stations located within 4.8 kilometers (3 miles) transmitting
with 50 watts or more effective radiated power (ERP) in the primary
plane of polarization in the azimuthal direction of the Table Mountain
Radio Receiving Zone;
(iii) Stations located with 16 kilometers (10 miles) transmitting
with 1 kW or more ERP in the primary plane of polarization in the
azimuthal direction of Table Mountain Radio Receiving Zone;
(iv) Stations located within 80 kilometers (50 miles) transmitting
with 25 kW or more ERP in the primary plane of polarization in the
azimuthal direction of Table Mountain Receiving Zone.
(3) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, Research
Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303;
telephone (303) 497-6548, in advance of filing their applications with
the FCC.
(4) The FCC will not screen applications to determine whether
advance consultation has taken place. However, such consultation may
avoid the filing of objections from the Department of Commerce or
institution of proceedings to modify the authorizations of stations
that radiate signals with a field strength or power flux density at the
site in excess of those specified herein.
(c) Federal Communications Commission protected field offices. The
requirements of this paragraph are intended to minimize possible
interference to FCC monitoring activities.
(1) Carriers planning to construct and operate a new or modified
Public Mobile Services station at a permanent fixed location in the
vicinity of an FCC protected field office are advised to give
consideration, prior to filing applications, to the need to avoid
interfering with the monitoring activities of that office. FCC
protected field offices are listed in Sec. 0.121 of this chapter.
(2) Applications for stations (except mobile stations) that could
produce on any channel a direct wave fundamental field strength of
greater than 10 mV/m (-65.8 dBW/m\2\ power flux density assuming a free
space characteristic impedance of 120 ) in the
authorized bandwidth at the protected field office may be examined to
determine the potential for interference with monitoring activities.
After consideration of the effects of the predicted field strength of
the proposed station, including the cumulative effects of the signal
from the proposed station with other ambient radio field strength
levels at the protected field office, the FCC may add a condition
restricting radiation toward the protected field office to the station
authorization.
(3) In the event that the calculated field strength exceeds 10 mV/m
at the protected field office site, or if there is any question whether
field strength levels might exceed that level, advance consultation
with the FCC to discuss possible measures to avoid interference to
monitoring activities should be considered. Prospective applicants may
communicate with: Chief, Field Operations Bureau, Federal
Communications Commission, Washington, DC 20554.
(4) Advance consultation is recommended for applicants that have no
reliable data to indicate whether the field strength or power flux
density figure indicated would be exceeded by their proposed radio
facilities. In general, coordination is recommended for:
(i) Stations located within 2.4 kilometers (1.5 miles);
(ii) Stations located within 4.8 kilometers (3 miles) with 50 watts
or more average effective radiated power (ERP) in the primary plane of
polarization in the azimuthal direction of the protected field offices.
(iii) Stations located within 16 kilometers (10 miles) with 1 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the protected field office;
(iv) Stations located within 80 kilometers (50 miles) with 25 kW or
more average ERP in the primary plane of polarization in the azimuthal
direction of the protected field office;
(5) Advance coordination for stations transmitting on channels
above 1000 MHz is recommended only if the proposed station is in the
vicinity of a protected field office designated as a satellite
monitoring facility in Sec. 0.121 of this chapter.
(6) The FCC will not screen applications to determine whether
advance consultation has taken place. However, such consultation may
serve to avoid the need for later modification of the authorizations of
stations that interfere with monitoring activities at protected field
offices.
Sec. 22.371 Disturbance of AM broadcast station antenna patterns.
Public Mobile Service licensees that construct or modify towers in
the immediate vicinity of AM broadcast stations are responsible for
measures necessary to correct disturbance of the AM station antenna
pattern which causes operation outside of the radiation parameters
specified by the FCC for the AM station, if the disturbance occurred as
a result of such construction or modification.
(a) Non-directional AM stations. If tower construction or
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the Public Mobile Service
licensee must notify the licensee of the AM broadcast station in
advance of the planned construction or modification. Measurements must
be made to determine whether the construction or modification affected
the AM station antenna pattern. The Public Mobile Service licensee is
responsible for the installation and continued maintenance of any
detuning apparatus necessary to restore proper non-directional
performance of the AM station tower.
(b) Directional AM stations. If tower construction or modification
is planned within 3 kilometers (1.9 miles) of a directional AM
broadcast station array, the Public Mobile Service licensee must notify
the licensee of the AM broadcast station in advance of the planned
construction or modification. Measurements must be made to determine
whether the construction or modification affected the AM station
antenna pattern. The Public Mobile Service licensee is responsible for
the installation and continued maintenance of any detuning apparatus
necessary to restore proper performance of the AM station array.
Sec. 22.373 Access to transmitters.
Unless otherwise provided in this part, the design and installation
of transmitters in the Public Mobile Services must meet the
requirements of this section.
(a) Transmitters and control points, other than those used with in-
building radiation systems, must be installed such that they are
readily accessible only to persons authorized by the licensee to
operate or service them.
(b) Transmitters must be designed and installed such that any
adjustments or controls that could cause the transmitter to deviate
from its authorized operating parameters are readily accessible only to
persons authorized by the licensee to make such adjustments.
(c) Transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points must be equipped with a means of
indicating when the control circuitry has been put in a condition that
should cause the transmitter to radiate.
(d) Transmitters must be designed such that they can be turned off
independently of any remote control circuits.
(e) Transmitters used with in-building radiation systems must be
installed such that, to the extent possible, they are readily
accessible only to persons authorized by the licensee to access them.
(f) Transmitters used with in-building radiation systems must be
designed such that, in the event an unauthorized person does gain
access, that person can not cause the transmitter to deviate from its
authorized operating parameters in such a way as to cause interference
to other stations.
Sec. 22.377 Type-acceptance of transmitters.
Except as provided in paragraph (b) of this section, transmitters
used in the Public Mobile services must be type-accepted for use in the
services regulated under this part. Transmitters must be type accepted
when the station is ready for service, not necessarily at the time of
filing an application.
(a) The FCC may list as type-accepted 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
type-acceptance is set forth in part 2 of this chapter.
(b) Transmitters operating under a developmental authorization (see
subpart D of this part) do not have to be type-accepted.
(c) Type-accepted transmitters are listed in the FCC's ``Radio
Equipment List,'' which is available for public inspection at the FCC
in Washington, DC, and its field offices.
(d) In addition to the technical standards contained in this part,
transmitters intended for operation in the Cellular Radiotelephone
Service must be designed to comply with the technical requirements
contained in the cellular system compatibility specification (see
Sec. 22.933) and the electronic serial number rule (see Sec. 22.919).
Sec. 22.379 Replacement of equipment.
Licensees may replace any equipment in Public Mobile Service
stations without applying for authorization or notifying the FCC,
provided that:
(a) If a transmitter is replaced, the replacement transmitter must
be type-accepted for use in the Public Mobile Services;
(b) The antenna structure must not become a hazard to air
navigation and its height must not be not increased;
(c) The interference potential of the station must not be
increased;
(d) The Effective radiated power, emission type, antenna radiation
pattern and center of radiation height above average terrain are not
changed.
Sec. 22.381 Auxiliary test transmitters.
Auxiliary test transmitters may be used only for testing the
performance of fixed receiving equipment located remotely from the
control point. Auxiliary test transmitters may transmit only on
channels designated for mobile transmitters.
Sec. 22.383 In-building radiation systems.
Licensees may install and operate in-building radiation systems
without applying for authorization or notifying the FCC, provided that
the locations of the in-building radiation systems are within the
protected service area of the licensee's authorized transmitter(s) on
the same channel or channel block.
Subpart D--Developmental Authorizations
Sec. 22.401 Description and purposes of developmental authorizations.
Communications common carriers may apply for, and the FCC may
grant, authority to construct and operate one or more transmitters
subject to the rules in this subpart and other limitations, waivers
and/or conditions that may be prescribed. Authorizations granted on
this basis are developmental authorizations. In general, the FCC grants
developmental authorizations in situations and circumstances where it
cannot reasonably be determined in advance whether a particular
transmitter can be operated or a particular service can be provided
without causing interference to the service of existing stations. For
example, the FCC may grant developmental authorizations for:
(a) Field strength surveys to evaluate the technical suitability of
antenna locations for stations in the Public Mobile Services;
(b) Experimentation leading to the potential development of a new
Public Mobile Service or technology; or,
(c) Stations transmitting on channels in certain frequency ranges,
to provide a trial period during which it can be individually
determined whether such stations can operate without causing excessive
interference to existing services.
Sec. 22.403 General limitations.
The provisions and requirements of this section are applicable to
all developmental authorizations.
(a) Developmental authorizations are granted subject to the
condition that they may be cancelled by the FCC at any time, upon
notice to the licensee, and without the opportunity for a hearing.
(b) Except as otherwise indicated in this subpart, developmental
authorizations normally terminate one year from the date of grant. The
FCC may, however, specify a different term.
(c) Stations operating under developmental authorizations must not
interfere with the services of regularly authorized stations.
(d) A grant of a developmental authorization does not provide any
assurance that the FCC will grant an application for regular
authorization to operate the same transmitter(s), even if operation
during the developmental period has not caused interference and/or the
developmental program is successful.
Sec. 22.409 Developmental authorization for a new Public Mobile
Service or technology.
The FCC may grant applications for developmental authority to
construct and operate transmitters for the purpose of developing a new
Public Mobile Service or a new technology not regularly authorized
under this part, subject to the requirements of this section. Such
applications may request the use of any portion of the spectrum
allocated for Public Mobile Services in the Table of Frequency
Allocations contained in part 2 of this chapter, regardless of whether
that spectrum is regularly available under this part. Requests to use
any portion of the spectrum for a service or purpose other than that
indicated in the Table of Frequency Allocations in part 2 of this
chapter may be made only in accordance with the provisions of part 5 of
this chapter.
(a) Preliminary determination. The FCC will make a preliminary
determination with respect to the factors in paragraphs (a)(1) through
(a)(3) of this section before acting on an application for
developmental authority pursuant to this section. These factors are:
(1) That the public interest, convenience or necessity warrants
consideration of the establishment of the proposed service or
technology;
(2) That the proposal appears to have potential value to the public
that could warrant the establishment of the new service or technology;
(3) That some operational data should be developed for
consideration in any rule making proceeding which may be initiated to
establish such service or technology.
(b) Petition required. Applications for developmental
authorizations pursuant to this section must be accompanied by a
petition for rule making requesting the FCC to amend its rules as may
be necessary to provide for the establishment of the proposed service
or technology.
(c) Application requirements. Authorizations for developmental
authority pursuant to this section will be issued only upon a showing
that the applicant has a definite program of research and development
which has reasonable promise of substantial contribution to the
services authorized by this part. The application must contain an
exhibit demonstrating the applicant's technical qualifications to
conduct the research and development program, including a description
of the nature and extent of engineering facilities that the applicant
has available for such purpose. Additionally, the FCC may, in its
discretion, require a showing of financial qualification.
(d) Communication service for hire prohibited. Stations authorized
under developmental authorizations granted pursuant to this section
must not be used to provide communication service for hire, unless
otherwise specifically authorized by the FCC.
(e) Adherence to program. Carriers granted developmental
authorization pursuant to this section must substantially adhere to the
program of research and development described in their application for
developmental authorization, unless the FCC directs otherwise.
(f) Report requirements. Upon completion of the program of research
and development, or upon the expiration of the developmental
authorization under which such program was permitted, or at such times
during the term of the station authorization as the FCC may deem
necessary to evaluate the progress of the developmental program, the
licensee shall submit a comprehensive report, containing:
(1) A description of the progress of the program and a detailed
analysis of any result obtained;
(2) Copies of any publications produced by the program;
(3) A listing of any patents applied for, including copies of any
patents issued;
(4) Copies of any marketing surveys or other measures of potential
public demand for the new service;
(5) A description of the carrier's experiences with operational
aspects of the program including--
(i) The duration of transmissions on each channel or frequency
range and the technical parameters of such transmissions; and,
(ii) Any interference complaints received as a result of operation
and how these complaints were investigated and resolved.
(g) Confidentiality. Normally, applications and developmental
reports are a part of the FCC's public records. However, an applicant
or licensee may request that the FCC withhold from public records
specific exhibits, reports and other material associated with a
developmental authorization.
(h) Renewal. Expiring developmental authorizations issued pursuant
to this section may be renewed if the carrier--
(1) Shows that further progress in the program of research and
development requires additional time to operate under developmental
authorization;
(2) Complied with the reporting requirements of paragraph (e) of
this section; and,
(3) Immediately resolved to the FCC's satisfaction all complaints
of interference caused by the station operating under developmental
authority.
Sec. 22.411 Developmental authorization of 43 MHz paging transmitters.
Because of the potential for interference to the intermediate
frequency stages of receivers in broadcast television sets and video
recorders, 43 MHz paging channels are assigned only under developmental
authorizations subject to the requirements of this section, except as
provided in paragraph (d) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate
the 43 MHz paging service under developmental authority for a period of
two years. During the two year developmental period, carriers must
resolve any broadcast television receiver intermediate frequency
interference problems that may occur as a result of operation of the 43
MHz paging transmitter(s). Carriers shall inform subscribers receiving
service on the channels assigned under developmental authority during
the developmental period that this service could be terminated by the
FCC on short notice if such action were to become necessary to
eliminate interference. Carriers shall notify the appropriate FCC Field
Office, in advance, of the date on which service to subscribers is to
begin.
(b) Periodic surveys. To determine the extent of any interference
to broadcast television receivers resulting from operation of 43 MHz
paging stations authorized pursuant to this section, carriers shall
conduct semi-annual surveys during the first two years of operation.
The first such survey is to begin on the date when service to
subscribers commences. For each survey, the carrier shall contact at
least 25 television viewers to determine whether they have experienced
interference.
(1) The carrier shall contact viewers located throughout the
geographic area encompassed by a 3 kilometer (2 mile) radius of the 43
MHz paging transmitter antenna site. The carrier must not attempt to
obtain a misleading survey by contacting only viewers less likely to be
experiencing interference. For example, the carrier must not contact
only the viewers located most distant from the paging transmitter
antenna site. Instead, the carrier shall contact viewers located near
the paging transmitter antenna site.
(2) The carrier shall not, in subsequent surveys, contact viewers
who were contacted in a previous survey; provided that, in the event
that all of the viewers within 3 kilometers (2 miles) have been
contacted, viewers located near the paging transmitter antenna site
shall be contacted again.
(c) Periodic reports. Following each survey, the carrier shall
submit to the FCC a written report disclosing and evaluating the extent
of any interference. These reports must include:
(1) The number of the report (1 to 4);
(2) The station call sign;
(3) The file number of the application that resulted in the
developmental authorization;
(4) An exact description of the transmitter location(s);
(5) The date(s) and time of day when the survey was conducted;
(6) The survey method used (e.g. telephone, on-site, etc.);
(7) The names, addresses and telephone numbers of the viewers
contacted;
(8) If interference resulted from operation of the 43 MHz paging
station, a summary of how the interference problem was resolved;
(9) The names and telephone numbers of any technical personnel
consulted and/or employed to resolve interference problems.
(d) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a 43 MHz paging station in the
following circumstances:
(1) After the two-year developmental period, provided that
broadcast TV interference complaints have been resolved by the carrier
in a satisfactory manner. Licensees that hold a developmental
authorization for a 43 MHz paging station and wish to request a regular
authorization must file an application (FCC Form 401) prior to the
expiration of the developmental period.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a 43 MHz paging station in the Paging and
Radiotelephone Service, provided that the station has been in
continuous operation providing service with no substantial
interruptions.
Sec. 22.413 Developmental authorization of 72-76 MHz fixed
transmitters.
Because of the potential for interference with the reception by
broadcast television sets and video recorders of full service TV
stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are
assigned for use within 16 kilometers (10 miles) of the antenna of any
full service TV station transmitting on TV Channel 4 or 5 only under
developmental authorizations subject to the requirements of this
section, except as provided in paragraph (b) of this section.
(a) Carrier responsibility. Carriers so authorized shall operate
the 72-76 MHz fixed station under developmental authority for a period
of at least six months. During the developmental period, carriers must
resolve any broadcast television receiver interference problems that
may occur as a result of operation of the 72-76 MHz transmitter(s).
(b) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a 72-76 MHz fixed station under
the following circumstances:
(1) After six months of operation under developmental
authorization, and provided that broadcast TV interference complaints
have been resolved by the carrier in a satisfactory manner, the FCC may
grant a regular authorization. Licensees that hold a developmental
authorization for a 72-76 MHz fixed station and wish to request a
regular authorization must file an application (FCC Form 401) prior to
the expiration of the developmental authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a 72-76 MHz fixed station in the Paging and
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
continuous operation providing service with no substantial
interruptions.
(3) If a proposed 72-76 MHz fixed transmitter antenna is to be
located within 50 meters (164 feet) of the antenna of the full service
TV station transmitting on TV Channel 4 or 5, the FCC may grant a
regular authorization instead of a developmental authorization.
Sec. 22.415 Developmental authorization of 928-960 MHz fixed
transmitters.
Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned
under developmental authorizations to fixed transmitters in point-to-
multipoint systems at locations that are short-spaced (i.e. do not meet
the 113 kilometer (70 mile) separation requirement of Sec. 22.625),
subject to the requirements of this section.
(a) Carrier responsibility. Applications for developmental
authorizations pursuant to this section must contain an engineering
analysis that shows that no interference will be caused or received.
Carriers so authorized shall operate the short-spaced transmitter for a
period of one year.
(b) Exceptions. The FCC may grant a regular authorization in the
Paging and Radiotelephone Service for a short-spaced fixed station
under the following circumstances:
(1) After one year of operation under developmental authorization,
and provided that no interference has been caused, the FCC may grant a
regular authorization. Licensees that hold a developmental
authorization and wish to request a regular authorization must file an
application (FCC Form 401) prior to the expiration of the developmental
authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a short-spaced fixed station in the Paging and
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
continuous operation providing service and no interference has been
caused.
Sec. 22.417 Developmental authorization of meteor burst systems.
Because of the potential for interference to other 42-46 MHz
operations, central office and rural subscriber stations in Alaska are
authorized to use meteor burst propagation modes to provide rural
radiotelephone service only under developmental authorizations subject
to the requirements of this section, except as provided in paragraph
(b) of this section. See also Secs. 22.725(c) and 22.729.
(a) Carrier responsibility. Carriers and subscribers so authorized
shall operate the station under developmental authority for a period of
at least one year.
(b) Exceptions. The FCC may grant a regular authorization in the
Rural Radiotelephone Service for a central office or rural subscriber
to use meteor burst propagation modes to provide rural radiotelephone
service under the following circumstances:
(1) After one year of operation under developmental authorization,
and provided that no interference has been caused to other operations,
the FCC may grant a regular authorization. Licensees that hold a
developmental authorization to use meteor burst propagation modes to
provide rural radiotelephone service and wish to request a regular
authorization must file an application (FCC Form 401) prior to the
expiration of the developmental authorization.
(2) In the case of the assignment of or a transfer of control of a
regular authorization of a central office or rural subscriber station
authorizing the use of meteor burst propagation modes in the Rural
Radiotelephone Service, the FCC may grant such assignment or consent to
such transfer of control provided that the station has been in
operation providing service with no substantial interruptions.
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. 22.507 Number of transmitters per station.
This section concerns the number of transmitters licensed under
each station authorization in the Paging and Radiotelephone Service.
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. Furthermore,
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.
The FCC may consolidate separately authorized stations upon request
(FCC Form 401) of the licensee, if appropriate under this section.
Note to Sec. 22.507: Notwithstanding the provisions of
Sec. 22.507, until further notice there can be no more than 99
transmitters per station.
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. 22.515 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. 22.529 Application requirements for the Paging and Radiotelephone
Service.
In addition to information required by subparts B and D of this
part, applications for authorization to operate a transmitter in the
Paging and Radiotelephone Service must contain the applicable
supplementary information described in this section.
(a) Administrative information. The following information is
required by FCC Form 401, Schedule B.
(1) The number of transmitter sites for which authorization is
requested.
(2) The call sign(s) of other facilities in the same area that are
ultimately controlled by the real party in interest to the application.
(b) Technical information. The following information required by
FCC Form 401, Schedule B.
(1) Location description, city, county, state, geographical
coordinates correct to 1 second, the datum used (NAD 27 or
NAD 83), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna manufacturer, model number and type, 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. base, fixed, mobile), and the locations, if any, of any points of
communication.
One-Way Paging Operation
Sec. 22.531 Channels for one-way paging operation.
The following channels are allocated for assignment to base
transmitters that provide one-way public paging service. 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) The 43 MHz channels may be assigned under developmental
authorizations, pursuant to the requirements of Sec. 22.411.
(b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned
only to transmitters providing nationwide network paging service.
(c) Upon application (FCC Form 401), common carriers may be
authorized to provide one-way paging service using the leased
subcarrier facilities of broadcast stations licensed under part 73 of
this chapter.
(d) Occasionally in case law and other formal and informal
documents, the low VHF channels have been referred to as ``lowband''
channels, and the high VHF channels have been referred to as
``guardband'' channels.
(e) Pursuant to the U.S.-Canada Interim Coordination Considerations
for 929-932 MHz, as amended, only the following UHF channels may be
assigned in the continental United States North of Line A or in the
State of Alaska East of Line C, within the indicated longitudes:
(1) From longitude W.73 deg. to longitude W.75 deg. and from
longitude W.78 deg. to longitude W.81 deg.:
931.0125 931.1125 931.1875 931.2625
931.0375 931.1375 931.2125 931.8625
931.0625 931.1625 931.2375
(2) From longitude W.81 deg. to longitude W.85 deg.:
931.0125 931.2125 931.3875 931.5875
931.0375 931.2375 931.4125 931.6125
931.0625 931.2625 931.4625 931.6375
931.1125 931.2875 931.4875 931.8625
931.1375 931.3125 931.5125
931.1625 931.3375 931.5375
931.1875 931.3625 931.5625
(3) Longitudes other than specified in paragraphs (e)(1) and (e)(2)
of this section:
931.0125 931.1625 931.2875 931.4125
931.0375 931.1875 931.3125 931.4625
931.0625 931.2125 931.3375 931.8625
931.1125 931.2375 931.3625
931.1375 931.2625 931.3875
(4) At any longitude, with authorization condition requiring
coordinated, shared use and equal access by licensees in both
countries:
931.4375 931.8875 931.9125 931.9375
Sec. 22.535 Effective radiated power limits.
The effective radiated power (ERP) of base 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.
Sec. 22.537 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria
for the channels listed in Sec. 22.531. These criteria permit channel
assignments to be made in a manner such that reception by public paging
receivers of signals from base transmitters, within the service area of
such base transmitters, is protected from interference caused by the
operation of independent co-channel base transmitters.
(a) Contour overlap. The FCC may grant an application requesting
assignment of a channel to a proposed base transmitter only if:
(1) The interfering contour of the proposed transmitter does not
overlap the service contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless that carrier
has agreed in writing to accept any interference that may result from
operation of the proposed transmitter; and,
(2) The service contour of the proposed transmitter does not
overlap the interfering contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless the applicant
agrees to accept any interference that may result from operation of the
protected co-channel transmitter; and,
(3) The area and/or population to which service would be provided
by the proposed transmitter is substantial, and service gained would
exceed that lost as a result of agreements to accept interference.
(b) Protected transmitter. For the purposes of this section,
protected transmitters are authorized transmitters for which there is a
current FCC public record and transmitters proposed in prior-filed
pending applications.
(c) VHF service contour. For paging stations transmitting on the
VHF channels, the distance from the transmitting antenna to the service
contour along each cardinal radial is calculated as follows:
d=1.243 x h0.40 x p0.20
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever
is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may
calculate the distance to the service contour using the formula in
paragraph (c) of this section with actual HAAT and ERP data for the
inter-station radial and additional radials above and below the inter-
station radial at 2.5 deg. intervals.
(d) VHF interfering contour. For 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 h0.28 x p0.17
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.
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 Effective radiated power (Watts)
(miles) -----------------------------------------------------------------------------------
-----------------------------
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.
Sec. 22.539 Additional channel policies.
The rules in this section govern the processing of applications for
a paging channel when the applicant has applied for or been granted an
authorization for other paging channels in the same geographic area.
This section applies to applications proposing to use the channels
listed in Sec. 22.531, excluding the nationwide network paging channels
and broadcast station subcarriers, or the channels listed in
Sec. 22.561, where the application proposes to use those channels to
provide paging service only. The general policy of the FCC is to assign
one paging channel in an area to a carrier per application cycle. That
is, a carrier must apply for one paging channel, receive the
authorization, construct the station, provide service to subscribers,
and notify the FCC of commencement of service to subscribers (FCC Form
489) before applying for an additional paging channel in that area.
(a) VHF transmitters in same area. Any transmitter on any VHF
channel listed in Sec. 22.531 is considered to be in the same
geographic area as another transmitter on any other VHF channel listed
in Sec. 22.531 if:
(1) One transmitter location is within the service area of the
other transmitter; or,
(2) the area within the overlap of the service contours of the two
transmitters constitutes 50 percent or more of the service area of
either of the transmitters.
(b) 931 MHz transmitters in same area. Any transmitter on any 931
MHz channel is considered to be in the same geographic area as another
transmitter on any channel listed in Sec. 22.531 if it is located less
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any
transmitter on any channel listed in Sec. 22.531 is considered to be in
the same geographic area as another transmitter on any 931 MHz channel
if it is located less than 64.4 kilometers (40 miles) from that
transmitter.
(c) Initial channel. The FCC will not assign more than one channel
for new paging stations. Paging stations are considered to be new if
there are no authorized transmitters on any channel listed in
Sec. 22.531 controlled by the applicant in the same geographic area.
(d) Additional channel. Applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, but to operate on a different channel, are considered as
requesting an additional channel for the authorized station, unless
paragraph (e) of this section applies.
(e) Additional transmitters on same channel. Notwithstanding other
provisions of this section, applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, and to operate on the same paging channel, are not
considered to be requests for an additional paging channel.
(f) Amendment of pending application. If the FCC receives and
accepts for filing an application for a transmitter to be located in
the same geographic area as a transmitter proposed in a pending
application previously filed by the applicant, but on a different
channel, the subsequent application is considered as a major amendment
to change the technical proposal of the prior application, unless
paragraph (e) applies. The filing date of any application so amended is
the date the FCC received the subsequent application.
(g) Dismissal of premature applications for additional channel. If
the FCC receives an application requesting an additional channel for an
authorized station prior to receiving notification that the station is
providing service to subscribers on the authorized channel(s), the FCC
may dismiss that application without prejudice in accordance with
Sec. 22.128.
Sec. 22.541 Procedures for mutually exclusive 931 MHz paging
applications.
Mutually exclusive 931 MHz applications are processed in accordance
with the rules in this section.
(a) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The FCC may dismiss as
defective (pursuant to Sec. 22.128) any mutually exclusive
application(s) whose filing date is outside of the date range for
inclusion in the filing group. The type of filing groups used in day-
to-day application processing are specified in paragraph (b)(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.
(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 thirty-day notice
and cut-off filing group comprises mutually exclusive applications
whose filing date is no later than 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 filing window, the two
dates are the same. The dates are made known to the public in advance.
(b) Procedures. Generally, the FCC may grant one application in a
filing group of mutually exclusive applications and dismiss other
application(s) in the filing group that are excluded by that grant,
pursuant to Sec. 22.128.
(1) Selection methods. In selecting the application to grant, the
FCC may use competitive biding or comparative hearings, depending on
the type of applications involved.
(2) Dismissal of applications. The FCC may dismiss any application
in a filing group that is defective or otherwise subject to dismissal
under Sec. 22.128, 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 processing of two or more
mutually exclusive applications depends on 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
thirty-day notice and cut-off filing group is used.
(4) Disposition. If there is only one application in any type of
filing group, the FCC may grant that application and dismiss without
prejudice any applications excluded by the grant (i.e. not in the
filing group). If there is more than one mutually exclusive application
in a filing group, the FCC 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 thirty-day notice and cut-off filing group.
(A) If all of the mutually exclusive applications in a thirty-day
notice and cut-off filing group are applications for initial
authorization, the FCC administers competitive bidding procedures in
accordance with Subpart Q of Part 1 of this chapter. After such
procedures, the application of the successful bidder may be granted and
the other applications may be dismissed without prejudice.
(B) If any of the mutually exclusive applications in a thirty-day
notice and cut-off filing group is an application for modification, the
FCC 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
FCC 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.
(iv) Applications in a window filing group. Applications in a
window filing group are processed in accordance with the procedures for
a thirty-day notice and cut-off filing group in paragraph (b)(4)(ii) of
this section.
(c) 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 FCC to be in the public interest; or,
(ii) The major amendment as received is defective or otherwise
found unacceptable for filing.
(2) An ``application for initial authorization'' is:
(i) Any application requesting an authorization for a new station;
(ii) Any application requesting authorization for an existing
station to operate on an additional channel;
(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.
(3) An ``application for modification'' is any application other
than an application for initial authorization or renewal.
Sec. 22.551 Nationwide network paging service.
The rules in this section govern the application for and provision
of nationwide network paging service on the channels reserved
specifically for such service in Sec. 22.531(b).
(a) Nationwide network organizers. If and when a nationwide network
paging channel becomes available for assignment, the FCC will issue a
Public Notice inviting applications from carriers seeking to organize a
nationwide network paging service. The Public Notice will provide
complete details regarding application requirements and procedures.
(c) Affiliated local carriers. Parties seeking to become affiliated
local carriers in a nationwide network paging service must have
specific completed contracts with the network organizer with which they
are proposing to affiliate. Applications may contain a letter, in lieu
of the contracts, indicating that the applicant has a completed
contract with the organizer.
(d) Liability for technical operation. Nationwide network
organizers and affiliated local carriers are jointly and severally
liable for the technical operation of the local network stations.
Sec. 22.559 One-way paging application requirements.
In addition to information required by Subparts b and d of this
part and Sec. 22.529, applications for authorization to operate a
paging transmitter on the channels listed in Sec. 22.531 must contain
the applicable supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of
this section, an exhibit demonstrating compliance with Sec. 22.537 with
regard to protected transmitters is required for applications to
operate a transmitter on the VHF channels. This exhibit must:
(1) Identify each protected transmitter located within 109
kilometers (68 miles) of the proposed transmitter in directions in
which the distance to the interfering contour is 76.5 kilometers (47.5
miles) or less, and within 178 kilometers (111 miles) of the proposed
transmitter in directions in which the distance to the interfering
contour exceeds 76.5 kilometers (47.5 miles).
(2) For each protected transmitter identified, show the results of
distance calculations indicating that there would be no overlap of
service and interfering contours, or alternatively, indicate that the
licensee of or applicant for the protected transmitter and/or the
applicant, as required, have agreed in writing to accept any
interference resulting from operation of the proposed transmitter.
(b) Encompassment exhibit. An exhibit showing that the area within
the interfering contour of the proposed transmitter would be totally
encompassed by interfering contours of operating co-channel base
transmitters controlled by the applicant is required for applications
to operate a transmitter with ERP exceeding the basic power and height-
power limits of Sec. 22.535. For VHF transmitters, this encompassment
exhibit may substitute for the interference exhibit required in
paragraph (a) of this section.
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. These channels may be
assigned for use by mobile or base transmitters as indicated, and to
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
------------------------------------------------------------------------
VHF Channels
------------------------------------------------------------------------
152.03 158.49
152.06 158.52
152.09 158.55
152.12 158.58
152.15 158.61
152.18 158.64
152.21 158.67
152.51 157.77
152.54 157.80
152.57 157.83
152.60 157.86
152.63 157.89
152.66 157.92
152.69 157.95
152.72 157.98
152.75 158.01
152.78 158.04
152.81 158.07
------------------------------------------------------------------------
UHF Channels
------------------------------------------------------------------------
454.025 459.025
454.050 459.050
454.075 459.075
454.100 459.100
454.125 459.125
454.150 459.150
454.175 459.175
454.200 459.200
454.225 459.225
454.250 459.250
454.275 459.275
454.300 459.300
454.325 459.325
454.350 459.350
454.375 459.375
454.400 459.400
454.425 459.425
454.450 459.450
454.475 459.475
454.500 459.500
454.525 459.525
454.550 459.550
454.575 459.575
454.600 459.600
454.625 459.625
454.650 459.650
------------------------------------------------------------------------
Sec. 22.563 Provision of rural radiotelephone service upon request.
Channels in the frequency ranges 152.03-152.81, 157.77-158.67,
454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated
for assignment in the Rural Radiotelephone Service. Stations in the
Paging and Radiotelephone Service that provide two-way public mobile
service on these channels must also provide rural radiotelephone
service upon request from a subscriber.
Sec. 22.565 Transmitting power limits.
The transmitting power of base, mobile and fixed transmitters
operating on the channels listed in Sec. 22.561 must not exceed the
limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of base and
fixed transmitters must not exceed the applicable limits in this
paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
152-153.................................................... 1400
157-159.................................................... 150
454-455.................................................... 3500
459-460.................................................... 150
------------------------------------------------------------------------
(b) Basic power limit. Except as provided in paragraph (d) of this
section, the ERP of base transmitters must not exceed 500 Watts.
(c) Height-power limits. Except as provided in paragraph (d) of
this section, the ERP of base transmitters must not exceed the amount
that would result in an average distance to the service contour of 41.6
kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles)
for UHF channels. The average distance to the service contour is
calculated by taking the arithmetic mean of the distances determined
using the procedures specified in Sec. 22.567 for the eight cardinal
radial directions, excluding cardinal radial directions for which 90%
or more of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Base transmitters are
exempt from the basic power and height-power limits of this section if
the area within their interfering contours is totally encompassed by
the interfering contours of operating co-channel based transmitters
controlled by the same licensee. For the purpose of this paragraph,
operating transmitters are authorized transmitters that are providing
service to subscribers.
(e) Adjacent channel protection. The ERP of base and fixed
transmitters must not exceed 500 Watts if they transmit on channel
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any
Private Radio Services station receiving on adjacent channel 454.0000
MHz.
(f) Mobile transmitters. The transmitter output power of mobile
transmitters must not exceed 60 watts.
(g) Other transmitters. The ERP of dispatch and auxiliary test
transmitters must not exceed 100 watts.
Sec. 22.567 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria
for the channels listed in Sec. 22.561. The criteria in paragraphs (a)
through (f) of this section permit channel assignments to be made in a
manner such that reception by public mobile receivers of signals from
base transmitters, within the service area of such base transmitters,
is protected from interference caused by the operation of independent
co-channel base and fixed transmitters in the Paging and Radiotelephone
Service and central office stations, including Basic Exchange Telephone
Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional
criteria in paragraph (g) of this section permit channel assignments to
be made in a manner such that BETRS communications are protected from
interference caused by the operation of independent co-channel base and
fixed transmitters in the Paging and Radiotelephone Service and other
central office stations in the Rural Radiotelephone Service. Separate
criteria in paragraph (h) of this section apply only to assignment of
the channels designated in Sec. 22.561 as mobile channels to base and
fixed transmitters, and permit these channel assignments to be made in
a manner such that reception by public base and fixed receivers of
signals from associated mobile and fixed transmitters is protected from
interference caused by the operation of independent co-channel base and
fixed transmitters.
(a) Contour overlap. The FCC may grant an application requesting
assignment of a channel to a proposed base, fixed or central office
station transmitter only if:
(1) The interfering contour of the proposed transmitter does not
overlap the service contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless that carrier
has agreed in writing to accept any interference that may result from
operation of the proposed transmitter; and
(2) The service contour of the proposed transmitter does not
overlap the interfering contour of any protected co-channel transmitter
controlled by a carrier other than the applicant, unless the
application contains a statement that the applicant agrees to accept
any interference that may result from operation of the protected co-
channel transmitter; and
(3) The area and/or population to which service would be provided
by the proposed transmitter is substantial, and service gained would
exceed that lost as a result of agreements to accept interference.
(b) Protected transmitter. For the purposes of this section,
protected transmitters are authorized transmitters for which there is a
current FCC public record and transmitters proposed in prior-filed
pending applications, in the Paging and Radiotelephone Service and the
Rural Radiotelephone Service.
(c) VHF service contour. For base stations transmitting on the VHF
channels, the radial distance from the transmitting antenna to the
service contour along each cardinal radial is calculated as follows:
d=1.609 x h0.40 x p0.20
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt,
whichever is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may
calculate the distance to the service contour using the formula in
paragraph (c) of this section with actual HAAT and ERP data for the
inter-station radial and additional radials above and below the inter-
station radial at 2.5 deg. intervals.
(d) VHF interfering contour. For base and fixed stations
transmitting on the VHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=8.577 x h0.24 x p0.19
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 h0.23 x p0.14
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 h0.35 x p0.18
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(1) Whenever the actual HAAT is less than 30 meters (98 feet), 30
must be used as the value for h in the above formula.
(2) The value used for p in the above formula must not be less than
27 dB less than the maximum ERP in any direction, or 0.1 Watt,
whichever is more.
(3) The distance from the transmitting antenna to the service
contour along any radial other than the eight cardinal radials is
routinely calculated by linear interpolation of distance as a function
of angle. However, in resolving petitions to deny, the FCC may
calculate the distance to the service contour using the formula in
paragraph (e) of this section with actual HAAT and ERP data for the
inter-station radial and addition radials above and below the below the
inter-station radial at 2.5 deg. intervals.
(f) UHF interfering contour. For base and fixed stations
transmitting on the UHF channels, the radial distance from the
transmitting antenna to the interfering contour along each cardinal
radial is calculated as follows:
(1) If the radial antenna HAAT is less than 150 meters:
d=9.471 x h0.23 x p0.15
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 h0.31 x p0.15
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 h0.2 x p0.1
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
Whenever the actual HAAT is less than 30 meters (98 feet), 30 must
be used as the value for h in the above formula. The value used for p
in the above formula must not be less than 27 dB less than the maximum
ERP in any direction, or 0.1 Watt, whichever is more.
(h) Assignment of mobile channels to base or fixed transmitters.
Mobile channels may be assigned to base or fixed transmitters if the
following criteria are met:
(1) The paired base channel, as designated in Sec. 22.561, is
assigned to base transmitters in the same geographical area operated by
the same licensee.
(2) The authorization is granted subject to the condition that no
interference be caused to fixed receivers in use on or prior to the
date of the grant.
Sec. 22.569 Additional channel policies.
The rules in this section govern the processing of applications for
a mobile channel when the applicant has applied or been granted an
authorization for other mobile channels in the same geographic area.
This section applies to applications proposing to use the channels
listed in Sec. 22.561, except applications that propose to use these
channels to provide paging service only, which are subject to
Sec. 22.539, instead of this section. The general policy of the FCC is
to assign no more than two channels in an area to a carrier per
application cycle. That is, a carrier must apply for no more than two
channels, receive the authorization, construct the station, provide
service to subscribers, and notify the FCC of commencement of service
to subscribers (FCC Form 489) before applying for additional mobile
channels in that area.
(a) Transmitters in same area. Any transmitter on any channel
listed in Sec. 22.561 is considered to be in the same geographic area
as another transmitter or any other channel listed in Sec. 22.561 if:
(1) One transmitter location is within the service area of the
other transmitter; or,
(2) The area within the overlap of the service contours of the two
transmitters constitutes 50 percent or more of the service area of
either of the transmitters.
(b) Initial channel. The FCC will not assign more than two channels
for new stations. Stations are considered to be new if there are no
authorized transmitters on any channel listed in Sec. 22.561 controlled
by the applicant in the same geographic area.
(c) Additional channel. Applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, but to operate on a different channel, are considered as
requests for an additional channel for the authorized station, unless
paragraph (d) of this section applies.
(d) Additional transmitters on same channel. Notwithstanding other
provisions of this section, applications for transmitters to be located
in the same geographic area as an authorized station controlled by the
applicant, and to operate on the same channel, are not considered as
requests for an additional channel.
(f) Dismissal of application constituting cumulative request for
more than two channels. If the FCC receives an application for a
transmitter to be located in the same geographic area as a transmitter
proposed in a pending application previously filed by the applicant,
but on different channels such that, considered together, the
applications would constitute a request for more than two channels, the
FCC may dismiss the subsequent application without prejudice.
(g) Dismissal of premature applications for additional channel. If
the FCC receives an application requesting two additional channels (or
one additional channel) for an authorized station prior to receiving
notification that the station is providing service to subscribers on
all (or all except one) of the authorized channels, the FCC may dismiss
that application without prejudice.
Sec. 22.571 Responsibility for mobile stations.
Mobile stations that are subscribers in good standing to a two-way
service in the Paging and Radiotelephone Service, when receiving
service from that station, are considered to be operating under the
authorization of that station. Licensees are responsible for exercising
effective operational control over mobile stations receiving service
through their stations. Mobile stations that are subscribers in good
standing to a two-way service in the Paging and Radiotelephone Service,
while receiving service from a different station, are considered to be
operating under the authorization of such different station. The
licensee of such different station is responsible, during such
temporary period, for exercising effective operational control over
such mobile stations as if they were subscribers to it.
Sec. 22.573 Use of base transmitters as repeaters.
As an additional function, base transmitters may be used as
repeaters. Licensees must be able to turn the base transmitter on or
off from the control point regardless of whether a subscriber-operated
transmitter is transmitting.
Sec. 22.575 Use of mobile channel for remote control of station
functions.
Carriers may remotely control station functions (e.g. shut down or
reactivate base transmitters, turn aviation obstruction warning lights
on or off, etc.) using a control transmitter operating on a mobile
channel, subject to the conditions in this section and in
Sec. 22.567(h).
(a) The control transmitter must be capable of overriding
transmissions from subscriber-operated transmitters if necessary.
Subscriber-operated transmitters must not be capable of being used to
deliberately or accidentally prevent the licensee from controlling the
station.
(b) The licensee must implement measures designed to prevent
station functions from being controlled by persons not authorized by
the licensee to control the station.
(c) The control transmitter location must be within the composite
service contour of the licensee's authorized station on the paired base
channel.
Sec. 22.577 Grandfathered dispatch service.
No new dispatch transmitters or dispatch points are authorized.
Carriers that were authorized to provide dispatch service prior to
January 1, 1982, and have provided such service continuously since that
date may continue to provide such service.
(a) Installation. A grandfathered station licensee may install a
dispatch transmitter for one or more subscribers without applying for
specific authorization, provided that the following conditions are met.
(1) The dispatch transmitter must use the mobile channel that is
paired with the channel used by the grandfathered base station.
(2) The dispatch transmitter antenna must not exceed the criteria
in Sec. 17.7 of this chapter that determine whether the FAA must be
notified of the proposed construction.
(3) The output power of the dispatch transmitter must not exceed 10
Watts.
(4) The dispatch transmitter must be incapable of overriding the
functioning of any control transmitter that may be using the same
channel.
(5) The dispatch transmitter must be under the continuous
supervision of the licensee.
(b) Notification. Licensees must notify the FCC by letter whenever
a dispatch transmitter is installed pursuant to paragraph (a) of this
section. The notification must include the name and address of the
subscriber(s) for which the dispatch transmitter was installed, the
location of the dispatch transmitter, the height of antenna structure
above ground and above mean sea level, the channel(s) used, and the
call sign and location of the grandfathered base station.
(c) Termination without hearing. Operation of a dispatch
transmitter pursuant to paragraphs (a) and (b) of this section may be
terminated by the FCC without a hearing upon notice to the licensee.
(d) Dispatch transmitters requiring authorization. A dispatch
transmitter that does not meet the requirements of paragraph (a) of
this section may be installed only upon grant of an application for
authorization therefor.
(e) Permissible communications. A dispatch transmitter operated by
a subscriber may communicate only with mobile transmitters operated by
that subscriber through the associated base transmitter.
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 of this
part and Sec. 22.529, applications for authorization to operate a
transmitter on the channels listed in Sec. 22.561 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
for the interference exhibit required in paragraph (a) of this section.
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
Microwave Channels
[Bandwidth individually assigned]
2110.1 2160.1
2110.2 2160.2
2110.3 2160.3
2129.9 2179.9
(a) The 72-76 MHz channels may be assigned under developmental
authority pursuant to the requirements of Sec. 22.413. The 72-76 MHz
channels may also be used in point-to-multipoint configurations. The
72-76 MHz channels are also allocated for assignment in the Private
Radio Services (see Part 90 of this chapter).
(b) Channels in the frequency ranges 2110-2130 and 2160-2180 MHz
are also allocated for assignment in the broadband Personal
Communications Service (see part 24 of this chapter), the Multipoint
Distribution Service and the Point-to-Point Microwave Radio Service
(see part 21 of this chapter). Assignment of channels in these ranges
is subject to the transition rules in Sec. 22.602.
(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.
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 isotropic radiated power of fixed stations operating in the
frequency ranges 2110-2130 and 2160-2180 MHz must not exceed the limits
set forth in Part 21 of this chapter for stations operating in these
frequency ranges.
Sec. 22.599 Assignment of 72-76 MHz channels.
Because of the potential for interference to the reception of TV
Channels 4 and 5 by broadcast television sets and video recorders,
assignments of the 72-76 MHz channels are subject to the following
conditions:
(a) Assignments of 72-76 MHz channels for use within 129 kilometers
(80 miles) of a full service TV station transmitting on TV Channel 4 or
5 are subject to the condition that the licensee must eliminate any
interference caused to television reception on TV Channels 4 and 5. If
the FCC notifies the licensee of an interference problem and the
licensee does not resolve the problem within 90 days of such
notification, operation of the interfering 72-76 MHz fixed station must
be immediately discontinued.
(b) 72-76 MHz channels may be assigned for use within 16 kilometers
(10 miles) of a full service TV station transmitting on TV Channel 4 or
5 under a developmental authorization, pursuant to Sec. 22.413.
However, for use within 50 meters (164 feet) of a TV station
transmitting on TV Channel 4 or 5, 72-76 MHZ channels may be assigned
under a regular authorization, rather than a developmental
authorization.
Sec. 22.601 Assignment of microwave channels.
Assignment of the microwave channels listed in Sec. 22.591 is
subject to the transition rules in Sec. 22.602. No new systems will be
authorized under this part.
(a) Coordination required. Before filing applications for authority
to modify existing stations on these channels or major amendments to
such applications, carriers must coordinate the planned channel usage,
using the procedure outlined in Sec. 22.150, with affected parties in
this radio service and the Point-to-Point Microwave Service and the
Multipoint Distribution Service. Affected parties are licensees and
other applicants with previously filed pending applications whose
stations could affect or be affected by the proposed modification of
the existing station in terms of interference.
(b) System parameters. In designing a system modification, the
applicant must select sites, equipment and channels that will avoid
harmful interference to other users. All parties must cooperate fully
and make reasonable efforts to resolve technical problems and conflicts
that may inhibit the most effective and efficient use of the radio
spectrum; however, a party receiving notification is not obligated to
suggest changes or re-design a proposal in cases involving conflicts.
The applicant must identify in the application all parties with which
the technical proposal was coordinated. In the event that technical
problems are not resolved or if an affected party does not respond to
coordination efforts within 30 days after notification, an explanation
must be contained in the application. Where technical conflicts are
resolved by an agreement between the parties that requires special
procedures to reduce the likelihood of harmful interference (such as
the use of artificial site shielding), or would result in a reduction
of quality or capacity of either system, the details thereof must be
contained in the application.
(c) Bandwidth. Applicants must request the minimum emission
bandwidth necessary. The FCC does not authorize bandwidths larger than
800 kHz under this part.
Sec. 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies.
The microwave channels listed in Sec. 22.591 have been allocated
for use by emerging technologies services (ETS). 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 21 of this
chapter.
(a) Licensees proposing to implement ETS 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 ETS licensee that may
result in an otherwise impermissible level of interference to the PARS
operations.
(b) PARS operations on these channels will continue to be co-
primary with other users of this spectrum until two years after the FCC
commences acceptance of applications for ETS, and until one year after
an ETS licensee initiates negotiations for relocation of the fixed
microwave licensee's operations.
(c) After the periods specified in paragraph (b) of this section,
existing PARS operations become secondary to ETS operations, provided
that:
(1) The ETS applicant, provider, licensee or representative
guarantees payment of all relocation costs, including all engineering,
equipment, site and FCC fees, as well as any reasonable additional
costs that the PARS licensee might incur as a result of relocation to
another fixed band or migration to another medium;
(2) The ETS 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 incumbent's behalf, new channels and frequency
coordination; and
(3) The ETS applicant, provider, licensee or representative builds
the replacement system and tests it for comparability with the existing
2 GHz system.
(d) The PARS licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff.
(e) If, within one year after the relocation to new facilities, the
PARS licensee demonstrates that the new facilities are not comparable
to the former facilities, the ETS applicant, provider, licensee or
representative must remedy the defects or pay to relocate the PARS
licensee back to its former (or equivalent) 2 GHz channels.
Sec. 22.603 488-494 MHz fixed service in Hawaii.
Before filing applications for authorization of inter-island
control and/or repeater stations, applicants must coordinate the
planned channel usage with existing licensees and other applicants with
previously filed applications, using the procedure outlined in
Sec. 22.150. Applicants and licensees shall cooperate fully and make
reasonable efforts to resolve any channel usage conflicts. In
situations where technical solutions to such conflicts cannot be
devised, the FCC may select a channel or channels to assign or may
designate the application(s) for hearing. To be acceptable for filing,
applications and major technical amendments must contain a
certification that coordination has been completed and an exhibit
listing the name(s) of the licensees and applicants with which the
planned channel usage has been coordinated.
Point-to-Multipoint Operation
Sec. 22.621 Channels for point-to-multipoint operation.
The following channels are allocated for assignment to transmitters
utilized within point-to-multipoint systems that support transmitters
that provide public mobile service. Unless otherwise indicated, all
channels have a bandwidth of 20 kHz and are designated by their center
frequencies in MegaHertz.
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 959.85625 928.93125 959.93125
928.86875 959.85625 928.94375 959.94375
928.88125 959.88125 928.95625 959.95625
928.89375 959.89375 928.96875 959.96875
928.90625 959.90625 928.98125 959.98125
928.91875 959.91875 928.99375 959.99375
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 956.30625 956.35625 956.40625
956.26875 956.31875 956.36875 956.41875
956.28125 956.33125 956.38125 956.43125
956.29375 956.34375 956.39375 956.44375
928.00625 952.00625 928.18125 952.18125
928.01875 952.01875 928.19375 952.19375
928.03125 952.03125 928.20625 952.20625
928.04375 952.04375 928.21875 952.21875
928.05625 952.05625 928.23125 952.23125
928.06875 952.06875 928.24375 952.24375
928.08125 952.08125 928.25625 952.25625
928.09375 952.09375 928.26875 952.26875
928.10625 952.10625 928.28125 952.28125
928.11875 952.11875 928.29375 952.29375
928.13125 952.13125 928.30625 952.30625
928.14375 952.14375 928.31875 952.31875
928.15625 952.15625 928.33125 952.33125
928.16875 952.16875 928.34375 952.34375
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 952.35625 928.60625 952.60625
928.36875 952.36875 928.61875 952.61875
928.38125 952.38125 928.63125 952.63125
928.39375 952.39375 928.64375 952.64375
928.40625 952.40625 928.65625 952.65625
928.41875 952.41875 928.66875 952.66875
928.43125 952.43125 928.68125 952.68125
928.44375 952.44375 928.69375 952.69375
928.45625 952.45625 928.70625 952.70625
928.46875 952.46875 928.71875 952.71875
928.48125 952.48125 928.73125 952.73125
928.49375 952.49375 928.74375 952.74375
928.50625 952.50625 928.75625 952.75625
928.51875 952.51875 928.76875 952.76875
928.53125 952.53125 928.78125 952.78125
928.54375 952.54375 928.79375 952.79375
928.55625 952.55625 928.80625 952.80625
928.56875 952.56875 928.81875 952.81875
928.58125 952.58125 928.83125 952.83125
928.59375 952.59375 928.84375 952.84375
Public, Private, Government Shared Pool
(12.5 kHz bandwidth)
932.00625 941.00625 932.25625 941.25625
932.01875 941.01875 932.26875 941.26875
932.03125 941.03125 932.28125 941.28125
932.04375 941.04375 932.29375 941.29375
932.05625 941.05625 932.30625 941.30625
932.06875 941.06875 932.31875 941.31875
932.08125 941.08125 932.33125 941.33125
932.09375 941.09375 932.34375 941.34375
932.10625 941.10625 932.35625 941.35625
932.11875 941.11875 932.36875 941.36875
932.13125 941.13125 932.38125 941.38125
932.14375 941.14375 932.39375 941.39375
932.15625 941.15625 932.40625 941.40625
932.16875 941.16875 932.41875 941.41875
932.18125 941.18125 932.43125 941.43125
932.19375 941.19375 932.44375 941.44375
932.20625 941.20625 932.45625 941.45625
932.21875 941.21875 932.46875 941.46875
932.23125 941.23125 932.48125 941.48125
932.24375 941.24375 932.49375 941.49375
UHF Channels in Specified Urban Areas
Boston
470.0125 473.0125 482.0125 485.0125
470.0375 473.0375 482.0375 485.0375
470.0625 473.0625 482.0625 485.0625
470.0875 473.0875 482.0875 485.0875
470.1125 473.1125 482.1125 485.1125
470.1375 473.1375 482.1375 485.1375
470.1625 473.1625 482.1625 485.1625
470.1875 473.1875 482.1875 485.1875
470.2125 473.2125 482.2125 485.2125
470.2375 473.2375 482.2375 485.2375
470.2625 473.2625 482.2625 485.2625
470.2875 473.2875 482.2875 485.2875
Chicago, Cleveland
470.0125 473.0125 476.0125 479.0125
470.0375 473.0375 476.0375 479.0375
470.0625 473.0625 476.0625 479.0625
470.0875 473.0875 476.0875 479.0875
470.1125 473.1125 476.1125 479.1125
470.1375 473.1375 476.1375 479.1375
470.1625 473.1625 476.1625 479.1625
470.1875 473.1875 476.1875 479.1875
470.2125 473.2125 476.2125 479.2125
470.2375 473.2375 476.2375 479.2375
470.2625 473.2625 476.2625 479.2625
470.2875 473.2875 476.2875 479.2875
New York-Northeastern New Jersey
470.0125 470.1625 476.0125 476.1625
470.0375 470.1875 476.0375 476.1875
470.0625 470.2125 476.0625 476.2125
470.0875 470.2375 476.0875 476.2375
470.1125 470.2625 476.1125 476.2625
470.1375 470.2875 476.1375 476.2875
Dallas-Forth Worth
482.0125 482.1625 485.0125 485.1625
482.0375 482.1875 485.0375 485.1875
482.0625 482.2125 485.0625 485.2125
482.0875 482.2375 485.0875 485.2375
482.1125 482.2625 485.1125 485.2625
482.1375 482.2875 485.1375 485.2875
Detroit
476.0125 479.0125 482.0125 485.0125
476.0375 479.0375 482.0375 485.0375
476.0625 479.0625 482.0625 485.0625
476.0875 479.0875 482.0875 485.0875
476.1125 479.1125 482.1125 485.1125
476.1375 479.1375 482.1375 485.1375
476.1625 479.1625 482.1625 485.1625
476.1875 479.1875 482.1875 485.1875
476.2125 479.2125 482.2125 485.2125
476.2375 479.2375 482.2375 485.2375
476.2625 479.2625 482.2625 485.2625
476.2875 479.2875 482.2875 485.2875
Houston
488.1625 491.1625 488.2375 491.2375
488.1875 491.1875 488.2625 491.2625
488.2125 491.2125 488.2875 491.2875
Los Angeles
470.0125 473.0125 506.0625 509.0625
470.0375 473.0375 506.0875 509.0875
506.0125 509.0125 506.1125 509.1125
506.0375 509.0375
................ ................
Miami
470.0125 470.1625 473.0125 473.1625
470.0375 470.1875 473.0375 473.1875
470.0625 470.2125 473.0625 473.2125
470.0875 470.2375 473.0875 473.2375
470.1125 470.2625 473.1125 473.2625
470.1375 470.2875 473.1375 473.2875
Philadelphia
500.0125 503.0125 506.0125 509.0125
500.0375 503.0375 506.0375 509.0375
500.0625 503.0625 506.0625 509.0625
500.0875 503.0875 506.0875 509.0875
500.1125 503.1125 506.1125 509.1125
500.1375 503.1375 506.1375 509.1375
500.1625 503.1625 506.1625 509.1625
500.1875 503.1875 506.1875 509.1875
500.2125 503.2125 506.2125 509.2125
500.2375 503.2375 506.2375 509.2375
500.2625 503.2625 506.2625 509.2625
500.2875 503.2875 506.2875 509.2875
Pittsburgh
470.0125 470.1625 473.0125 473.1625
470.0375 470.1875 473.0375 473.1875
470.0625 470.2125 473.0625 473.2125
470.0875 470.2375 473.0875 473.2375
470.1125 470.2625 473.1125 473.2625
470.1375 470.2875 473.1375 473.2875
San Francisco
482.0125 485.0125 488.0125 491.0125
482.0375 485.0375 488.0375 491.0375
482.0625 485.0625 488.0625 491.0625
482.0875 485.0875 488.0875 491.0875
482.1125 485.1125 488.1125 491.1125
482.1375 485.1375 488.1375 491.1375
482.1625 485.1625 488.1625 491.1625
482.1875 485.1875 488.1875 491.1875
482.2125 485.2125 488.2125 491.2125
482.2375 485.2375 488.2375 491.2375
482.2625 485.2625 488.2625 491.2625
482.2875 485.2875 488.2875 491.2875
Washington, DC
488.0125 491.0125 494.0125 497.0125
488.0375 491.0375 494.0375 497.0375
488.0625 491.0625 494.0625 497.0625
488.0875 491.0875 494.0875 497.0875
488.1125 491.1125 494.1125 497.1125
488.1375 491.1375 494.1375 497.1375
488.1625 491.1625 494.1625 497.1625
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
(a) Channels in the Private Radio General Access Pool and the
Private Radio Power Pool may be assigned only if the applicant shows
that none of the channels in the Public Mobile Pool are available for
the proposed use.
(b) Channels in the Public, Private, Government Shared Pool are
allocated for assignment in the Private Operational-Fixed Microwave
Service (47 CFR part 94) and to U.S. government fixed stations.
Sec. 22.623 System configuration.
This section requires a minimum configuration for point-to-
multipoint systems using the channels listed in Sec. 22.621.
(a) 928-960 MHz. The channels may be assigned, individually or
paired, only to fixed transmitters in a system that controls at least
four public mobile base transmitters that transmit on the same channel.
If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a
pair, the 941-942 MHz channel must be assigned only to control
transmitters; the 932-933 MHz channel may be assigned to control or
fixed relay transmitters.
(b) 470-512 MHz. These channels may be assigned only individually
(unpaired), to control transmitters that directly control at least four
public mobile base transmitters that transmit on the same channel.
Fixed relay transmitters are not authorized.
(c) Selection and assignment. The FCC selects and assigns a channel
when granting applications for authorization to operate a new station
to transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges.
Applicants having a preference may request the assignment of a specific
channel or channel pair, but the FCC may in some cases be unable to
satisfy such requests.
Sec. 22.625 Transmitter locations.
This section governs where point-to-multipoint transmitters on the
channels listed in Sec. 22.621 may be located.
(a) 928-960 MHz. In this frequency range, the required minimum
distance separation between co-channel fixed transmitters is 113
kilometers (70 miles). However, this requirement may be waived if the
applicant submits an engineering analysis that shows that no
interference would be caused to either system. In such a case, a
developmental authorization may be issued (see Sec. 22.415). If no
interference is experienced during the term of the developmental
authorization, the licensee may apply for a regular authorization.
(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.
------------------------------------------------------------------------
W.
Urban area N. latitude longitude
------------------------------------------------------------------------
Boston, MA.................................... 42 deg.21'2
4'' 71 deg.03'2
4''
Chicago, IL................................... 41 deg.52'2
8'' 87 deg.38'2
2''
Cleveland, OH................................. 41 deg.29'5
1'' 81 deg.41'5
0''
Dallas, TX.................................... 32 deg.47'0
9'' 96 deg.47'3
7''
Detroit, MI................................... 42 deg.19'4
8'' 83 deg.02'5
7''
Houston, TX................................... 29 deg.45'2
6'' 95 deg.21'3
7''
Los Angeles, CA............................... 34 deg.03'1
5'' 118 deg.14'
28''
Miami, FL..................................... 25 deg.46'3
7'' 80 deg.11'3
2''
New York, NY.................................. 40 deg.45'0
6'' 73 deg.59'3
9''
Philadelphia, PA.............................. 39 deg.56'5
8'' 75 deg.09'2
1''
Pittsburgh, PA................................ 40 deg.26'1
9'' 80 deg.00'0
0''
San Francisco-Oakland, CA..................... 37 deg.46'3
9'' 122 deg.24'
40''
Washington, DC................................ 38 deg.53'5
1'' 77 deg.00'3
3''
------------------------------------------------------------------------
(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.57'17'' 77
deg.00'17''
476-482 MHz...................... Lancaster, PA 40 deg.15'45'' 76
deg.27'49''
------------------------------------------------------------------------
(ii) The distance to the radio horizon is calculated using the
following formula:
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
Sec. 22.627 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the
channels listed in Sec. 22.621 must not exceed the limits in this
section.
(a) Maximum ERP. The ERP must not exceed the applicable limits in
this paragraph under any circumstances.
------------------------------------------------------------------------
Maximum ERP
Frequency range (MHz) (watts)
------------------------------------------------------------------------
470-512.................................................... 1000
928-929.................................................... 50
932-933.................................................... 30
941-942.................................................... 600
952-960.................................................... 150
------------------------------------------------------------------------
(b) 470-512 MHz limits. The purpose of the rules in paragraphs
(b)(1) through (b)(3) of this section is to reduce the likelihood that
interference to television receiption from public mobile operations on
these channels will occur. The protected TV station locations specified
in this section are the locations of record as of September 1974, and
these do not change even though the TV stations may have been
subsequently relocated.
(1) Co-channel protection. The ERP of control transmitters must not
exceed the limits in the tables in paragraphs (b)(1)(ii) and
(b)(1)(iii) of this section. The limits depend upon the height above
average terrain of the control transmitter antenna and the distance
between the control transmitter and the nearest protected TV station
location in paragraph (b)(1)(i) of this section.
(i) The protected TV station locations are as follows:
------------------------------------------------------------------------
Protected TV station
Control transmitter frequency range location
------------------------------------------------------------------------
470-476 MHz Jacksonville, IL 39 deg.45'52''....... 90 deg.30'39''.
Mt. Pleasant, MI 43 deg.34'24'' 84 deg.46'21''.
Oxford, OH 39 deg.30'26'' 84 deg.44'09''.
Washington, DC 38 deg.57'17'' 77 deg.00'17''.
476-482 MHz Champaign, IL 40 deg.04'11''.......... 87 deg.54'45''.
Madison, WI 43 deg.03'01'' 89 deg.29'15''.
Parkersburg, WV 39 deg.20'50'' 81 deg.33'56''.
Fort Wayne, IN 41 deg.05'35'' 85 deg.10'42''.
Lancaster, PA 40 deg.15'45'' 76 deg.27'49''.
482-488 MHz South Bend, IN 41 deg.36'26''......... 86 deg.27'48''.
488-494 MHz Philadelphia, PA 40 deg.02'30''....... 75 deg.14'24''.
494-500 MHz....................................... None.
500-506 MHz Johnstown, PA 40 deg.19'47''.......... 78 deg.53'45''.
506-512 MHz Washington, DC 38 deg.57'49''......... 77 deg.06'18''.
Waterbury, CT 41 deg.31'02'' 73 deg.01'00''.
------------------------------------------------------------------------
(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:
------------------------------------------------------------------------
Control transmitter TV
frequency range Protected TV station location channel
------------------------------------------------------------------------
470-476 MHz: Hanover, NH 43 deg.42'30'' 72 (15)
deg.09'16''.
Madison, WI 43 deg.03'01'' 89 (15)
deg.29'15''.
Champaign, IL 40 deg.04'11'' 87 (15)
deg.54'45''.
San Diego, CA 32 deg.41'48'' 116 (15)
deg.56'10''.
Lancaster, PA 40 deg.15'45'' 76 (15)
deg.27'49''.
Parkersburg, WV 39 deg.20'50'' (15)
81 deg.33'56''.
476-482 MHz: South Bend, IN 41 deg.36'20'' 86 (16)
deg.12'44''.
Pittsburgh, PA 40 deg.26'46'' 79 (16)
deg.57'51''.
Mt. Pleasant, MI 43 deg.34'24'' (14)
84 deg.46'21''.
Scranton, PA 41 deg.10'58'' 75 (16)
deg.52'21''.
482-488 MHz: Hanover, NH 43 deg.42'30'' 72 (15)
deg.09'16''.
Fort Wayne, IN 41 deg.05'35'' 85 (15)
deg.10'42''.
488-494 MHz: Salisbury, MD 38 deg.24'15'' 75 (16)
deg.34'45''.
494-500 MHz: Philadelphia, PA 40 deg.02'30'' (17)
75 deg.14'24''.
500-506 MHz: Washington, DC 38 deg.57'49'' 77 (20)
deg.06'18''.
506-512 MHz: Harrisburg, PA 40 deg.20'44'' 76 (21)
deg.52'09''.
------------------------------------------------------------------------
(c) Los Angeles area. This paragraph applies only to control
transmitters in the Los Angeles urban area that utilize an antenna
height of 457 or more meters (1500 or more feet) above mean sea level.
The ERP of such transmitters must not exceed the following limits:
------------------------------------------------------------------------
Antenna height ERP
------------------------------------------------------------------------
AMSL in meters (feet) (Watts)
------------------------------------------------------------------------
457 (1500) to 610 (2000)...................................... 155
611 (2001) to 762 (2500)...................................... 100
763 (2501) to 914 (3000)...................................... 70
915 (3001) to 1067 (3500)..................................... 50
1068 (3501) to 1219 (4000).................................... 40
1220 (4001) to 1372 (4500).................................... 30
1373 (4501) and above......................................... 25
------------------------------------------------------------------------
Table E-3.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters (feet)
Distance to protected TV station in kilometers (miles) ---------------------------------------------------------------------------------------------
15(50) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(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(500) 305(1000) 457(1500) 610(2000) 762(2500) 914(3000)
----------------------------------------------------------------------------------------------------------------
209 (130)......................................------1000-------447--------219--------117---------71---------46-
193 (120)...................................... 500 209 95 50 30 19
177 (110)...................................... 225 91 35 19 11 8
161 (100)...................................... 100 30 10 5 3 2
153 (95)....................................... 50 13 5 3 2 1
----------------------------------------------------------------------------------------------------------------
See Sec. 22.627(b)(1)(ii). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-5.--Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less)
Antenna Height Above Average Terrain in meters (feet)
Distance to protected TV station in kilometers (miles) ---------------------------------------------------------------------------------------------
15(50) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(500)
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
ASee 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(500) 305(1000) 457(1500) 610(2000) 762(2500) 914(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
----------------------------------------------------------------------------------------------------------------
ASee 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
Distance to protected TV Antenna height above average terrain in meters (feet)
station in kilometers ------------------------------------------------------------------------------------
(miles) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(500)
----------------------------
10
10
10
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.
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
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. 22.655 Channel usage.
The FCC is redesignating the public mobile channels in the 470-512
MHz range from trunked mobile operation to point-to-multipoint
operation as the demand for trunked mobile service decreases.
(a) The licensees in each market shall measure channel usage at
least once every 3 months. These measurements shall be reported to the
FCC within 30 days. Measurements shall be taken during the busiest 12-
hour periods on 3 days (within a 7-day period) having normal usage. The
information must be reported separately for each of the 3 days
selected, must be reported by dates, and must disclose the following:
(1) The number of mobile units in service during each of the days
specified;
(2) The number of calls completed each hour;
(3) The total number of minutes during each hour that the channels
were utilized for communications by the mobile units;
(4) The average channel usage for the busiest hour for the 3 days
measured; and
(5) Any additional information that more accurately reflects
channel usage.
(b) If the measured probability of blocking decreases below 25%,
the FCC will redesignate channels not needed to maintain blocking at
25% or less. The number of channels needed to maintain blocking below
25% will be determined from the channel usage reports and the Erlang C
tables.
(c) Although two or more channels are necessary to provide trunked
service, the FCC may, pursuant to this section, reduce to one the
number of channels assigned. In such cases, the licensee may provide
non-trunked two-way public mobile service on the one remaining channel.
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.
------------------------------------------------------------------------
W.
Urban area N. latitude longitude
------------------------------------------------------------------------
Houston, TX................................... 29 deg.45'2
6'' 95 deg.21'3
7''
New York, NY-NE NJ............................ 40 deg.45'0
6'' 73 deg.59'3
9''
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------
Mobile transmitter frequency TV
range Protected TV station location channel
------------------------------------------------------------------------
470-476 MHz................. Lancaster, PA 40 deg.15'45'' 76 (15)
deg.27'49''.
476-482 MHz................. Scranton, PA 41 deg.10'58'' 75 (16)
deg.52'21''.
------------------------------------------------------------------------
(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:
------------------------------------------------------------------------
Mobile transmitter frequency
range Protected TV station location
------------------------------------------------------------------------
470-476 MHz...................... Washington, DC 38 deg.57'17'' 77
deg.00'17''.
476-482 MHz...................... Lancaster, PA 40 deg.15'45'' 76
deg.27'49''.
------------------------------------------------------------------------
(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:
TR17NO94.009
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
------------------------------------------------------------------------
Base transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz...................... Washington, DC 38 deg.57'17'' 77
deg.00'17''.
476-482 MHz...................... Lancaster, PA 40 deg.15'45'' 76
deg.27'49''.
------------------------------------------------------------------------
(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
dBV/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.
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:
------------------------------------------------------------------------
Base transmitter frequency range Protected TV station location
------------------------------------------------------------------------
470-476 MHz...................... Washington, DC 38 deg.57'17'' 77
deg.00'17''.
476-482 MHz...................... Lancaster, PA 40 deg.15'45'' 76
deg.27'49''.
------------------------------------------------------------------------
(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:
------------------------------------------------------------------------
Base transmitter frequency TV
range Protected TV station location channel
------------------------------------------------------------------------
470-476 MHz................. Hanover, NH 43 deg.42'30'' 72 (15)
deg.09'16''.
Lancaster, PA 40 deg.15'45'' 76 (15)
deg.27'49''.
476-482 MHz................. Scranton, PA 41 deg.10'58'' 75 (16)
deg.52'21''.
482-488 MHz................. Hanover, NH 43 deg.42'30'' 72 (15)
deg.09'16''.
------------------------------------------------------------------------
(2) Table E-12 of this section applies to base transmitters in the
New York-Northeastern New Jersey urban area.
Table E-8.--Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less)
Antenna height above average terrain in meters (feet)
Distance to protected TV station in kilometers (miles) ---------------------------------------------------------------------------------------------
15(50) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(500)
-----------------------------------------------------------
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) ---------------------------------------------------------------------------------------------
15(50) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(500)
249 (155).................................................- 1000 1000 1000 1000 1000 875 775 700 625 575
241 (150)................................................. 1000 1000 950 775 725 625 550 500 450 400
233 (145)................................................. 850 750 650 575 500 440 400 350 320 300
225 (140)................................................. 600 575 465 400 350 300 275 250 230 225
217 (135)................................................. 450 400 335 300 255 240 200 185 165 150
209 (130)................................................. 350 300 245 200 185 160 145 125 120 100
201 (125)................................................. 225 200 170 150 125 110 100 90 80 75
193 (120)................................................. 175 150 125 105 90 80 70 60 55 50
See Sec. 22.659(b)(3). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those
in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.
Table E-11.--Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters)
----------------------------------------------------------------------------------------------------------------
Antenna height above average terrain in meters
(feet)
Distance to protected TV station in kilometers (miles) -----------------------------------------------------
152 305 457 610 762 914
(500) (1000) (1500) (2000) (2500) (3000)
----------------------------------------------------------------------------------------------------------------
261 (162)................................................. 1000 501 282 170 110 71
241 (150)................................................. 400 209 110 60 36 23
225 (140)................................................. 225 102 50 28 16 10
209 (130)................................................. 100 48 21 11 7 5
193 (120)................................................. 50 19 9 5 3 2
----------------------------------------------------------------------------------------------------------------
See Sec. 22.659(b)(3). This table is for antenna heights of more than 152 meters (500 feet) above average
terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum
permitted ERP.
Table E-12.--Maximum ERP (Watts) for Base Transmitters
Distance to protected TV Antenna height above average terrain in meters (feet)
station in kilometers ------------------------------------------------------------------------------------
(miles) 30(100) 46(150) 61(200) 76(250) 91(300) 107(350) 122(400) 137(450) 152(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.
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.
Only local exchange carriers that have been state certified to provide
basic exchange telephone service (or others having state approval to
provide such service) in the pertinent area are eligible to hold
authorizations for Basic Exchange Telephone Radio Systems (BETRS).
Subscribers are also eligible to hold authorizations to operate rural
subscriber stations in the Rural Radiotelephone Service.
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, applications for authorization to operate a station in the Rural
Radiotelephone Service must contain the applicable supplementary
information described in this section.
(a) Interoffice stations. Applications for authority to operate a
new interoffice station or to add transmitters or points of
communications to an existing interoffice station must contain an
exhibit demonstrating that the requested facilities would be used only
for interconnecting central office stations and explaining why the use
of alternative existing radio or wire facilities is not feasible.
(b) Technical information required. For each transmitter in the
Rural Radiotelephone Service, the following information is required by
FCC Form 401 Schedule B:
(1) Location description; city; county; state; geographical
coordinates correct to 1 second, the datum used (NAD 27 or
NAD 83), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna manufacturer, model number and type, 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.
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.
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 the rules in this section.
(a) Filing groups. Pending mutually exclusive applications are
processed in filing groups. Mutually exclusive applications in a filing
group are given concurrent consideration. The FCC may dismiss as
defective (pursuant to Sec. 22.128) 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 (b)(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.
(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 thirty-day notice
and cut-off filing group comprises mutually exclusive applications
whose filing date is no later than 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 filing window, the two
dates are the same. The dates are made known to the public in advance.
(b) Procedures. Generally, the FCC may grant one application in a
filing group of mutually exclusive applications and dismiss other
application(s) in the filing group that are excluded by that grant,
pursuant to Sec. 22.128.
(1) Selection methods. In selecting the application to grant, the
FCC may use comparative hearings.
(2) Dismissal of applications. The FCC may dismiss any application
in a filing group that is defective or otherwise subject to dismissal
under Sec. 22.128, 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 processing of two or more
mutually exclusive applications depends on 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
thirty-day notice and cut-off filing group is used.
(4) Disposition. If there is only one application in any type of
filing group, the FCC may grant that application and dismiss without
prejudice any applications excluded by that grant (i.e. not in the
filing group). If there is more than one mutually exclusive application
in a filing group, the FCC 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 thirty-day notice and cut-off filing group.
For applications in a thirty-day notice and cut-off filing group, the
FCC 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
FCC 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.
(iv) Applications in a window filing group. Applications in a
window filing group are processed in accordance with the procedures for
a thirty-day notice and cut-off filing group in paragraph (b)(4)(ii) of
this section.
(c) 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 FCC to be in the public interest; or,
(ii) The major amendment as received is defective or otherwise
found unacceptable for filing.
(2) An ``application for initial authorization'' is:
(i) Any application requesting an authorization for a new system or
station;
(ii) Any application requesting authorization for an existing
station to operate on an additional channel, unless the additional
channel is for paired two-way radiotelephone operation, is in the same
frequency range as the existing channel(s), and will be operationally
integrated with the existing channel(s) such as by trunking; or,
(iii) Any application requesting authorization for a new
transmitter at a location more than 2 kilometers (1.2 miles) from any
existing transmitters of the applicant licensee on the requested
channel.
(3) An ``application for modification'' is any application other
than an application for initial authorization or renewal.
Sec. 22.719 Additional channel policy for rural radiotelephone
stations.
The rules in this section govern the processing of applications for
central office stations that request a rural radiotelephone channel
pair when the applicant has applied for or been granted an
authorization for other rural radiotelephone channel pairs in the same
area. The general policy of the FCC is to promote effective use of the
spectrum by encouraging the use of spectrum-efficient technologies
(i.e. BETRS) and by assigning the minimum number of channels necessary
to provide service.
(a) Transmitters in same area. Any central office station
transmitter on any channel pair listed in Sec. 22.725 is considered to
be in the same area as another central office station transmitter on
any other channel pair listed in Sec. 22.725 if the transmitting
antennas are located within 10 kilometers (6.2 miles) of each other.
(b) Initial channel pairs. The FCC does not assign more than two
channel pairs for new central office stations, unless there are more
than eight rural subscriber stations to be served. Stations are
considered to be new if there are no authorized transmitters on any
channel listed in Sec. 22.725 controlled by the applicant in the same
geographic area.
(c) Additional channel pairs. Applications for central office
station transmitters to be located in the same area as an authorized
central office station controlled by the applicant, but to operate on a
different channel pair(s) are considered as requests for additional
channel pair(s) for the authorized central office station. The FCC may
grant applications for additional channel pairs provided that the need
for each additional channel pair (after the first two) is established
and fully justified in terms of achieving the required grade of service
(blocking probability), and the applicant demonstrates that there will
still be adequate spectrum available in the area to meet realistic
estimates of current and future demand for paging, two-way mobile and
rural radiotelephone services. In the case of conventional rural
radiotelephone central office stations, an explanation must be provided
as to why BETRS technology is not being used instead of additional
channel pairs.
Conventional Rural Radiotelephone Stations
Sec. 22.725 Channels for conventional rural radiotelephone stations.
The following channels are allocated for paired assignment to
transmitters that provide conventional rural radiotelephone service.
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.
------------------------------------------------------------------------
Central office Rural subscriber
------------------------------------------------------------------------
VHF Channels
------------------------------------------------------------------------
152.03 158.49
152.06 158.52
152.09 158.55
152.12 158.58
152.15 158.61
152.18 158.64
152.21 158.67
152.51 157.77
152.54 157.80
152.57 157.83
152.60 157.86
152.63 157.89
152.66 157.92
152.69 157.95
152.72 157.98
152.75 158.01
152.78 158.04
152.81 158.07
------------------------------------------------------------------------
UHF Channels
------------------------------------------------------------------------
454.025 459.025
454.050 459.050
454.075 459.075
454.100 459.100
454.125 459.125
454.150 459.150
454.175 459.175
454.200 459.200
454.225 459.225
454.250 459.250
454.275 459.275
454.300 459.300
454.325 459.325
454.350 459.350
454.375 459.375
454.400 459.400
454.425 459.425
454.450 459.450
454.475 459.475
454.500 459.500
454.525 459.525
454.550 459.550
454.575 459.575
454.600 459.600
454.625 459.625
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.
(c) In Alaska, channels 42.40, 44.10, 44.20 and 45.90 MHz are
allocated for assignment to transmitters providing rural radiotelephone
service using meteor burst propagation modes, subject to the provisions
of Sec. 22.729.
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.
(f) Meteor burst stations. The transmitter output power for
stations using meteor burst propagation modes must not exceed 2000
Watts for central office stations and 500 Watts for rural subscriber
stations.
Sec. 22.729 Meteor burst propagation modes.
The rules in this section govern stations in this service that use
meteor burst propagation modes to provide rural radiotelephone service
in Alaska.
(a) Channel assignments. The channels 42.40 and 44.10 MHz may be
assigned to central office stations and rural subscriber stations,
respectively, on a primary basis. The channels 44.20 and 45.90 MHz may
be assigned to central office and rural subscriber stations,
respectively, on a secondary basis to Private Radio services stations
using meteor burst propagation modes.
(b) Transmitting power. The transmitter output power must not
exceed 2000 Watts for central office stations and 500 Watts for rural
subscriber stations.
(c) Station locations. Co-channel central office stations of
different licensees must be at least 241 kilometers (150 miles) apart.
A rural subscriber station and a central office station of different
licensees must be at least 241 kilometers (150 miles) apart if the
rural subscriber stations of the different licensees operate on the
same channel. The FCC may waive the requirements of this paragraph if
the affected users agree to a cooperative sharing arrangement.
(d) Emission type. Only type F1D emission is authorized.
(e) Bandwidth. The authorized bandwidth is 20 kHz.
(f) Station identification. Station identification is required only
for the central office station.
(g) Interference. Stations authorized under the provisions of this
section must not cause harmful interference to the service of stations
in other radio services.
(h) Developmental authorization. Meteor burst communications
systems may be authorized under developmental authorizations pursuant
to Sec. 22.419.
Sec. 22.731 Emission limitations.
Upon application for multichannel operation, the FCC may authorize
emission bandwidths wider than those specified in Sec. 22.357, provided
that spectrum utilization is equal to or better than that achieved by
single channel operation.
Sec. 22.733 Priority of service.
Within the Rural Radiotelephone Service, the channels listed in
Sec. 22.725 are intended primarily for use in rendition of public
message service between rural subscriber and central office stations
and to provide radio trunking facilities between central offices. The
channels may also be used, however, for the rendition of private
leased-line communication service provided that such usage would not
reduce or impair the extent or quality of communication service that
would be available, in the absence of private leased-line service, to
the general public receiving or subsequently requesting public message
service from a central office.
Sec. 22.737 Temporary fixed stations.
The FCC may, upon proper application therefor, authorize the
construction and operation of temporary fixed stations. Temporary fixed
stations are to be used as rural subscriber, interoffice, or central
office stations when those stations are unavailable or when service
from those stations is disrupted by storms or emergencies.
(a) Six month limitation. If it is necessary for a temporary fixed
station to remain at the same location for more than six months, the
licensee of that station must apply for authorization to operate the
station at the specific location at least 30 days before the end of the
six month period.
(b) International communications. Communications between the United
States and Canada or Mexico must not be carried using a temporary fixed
station without prior authorization from the FCC. Licensees desiring to
carry such communications should apply sufficiently in advance to allow
for the time necessary to coordinate with Canada or Mexico.
Basic Exchange Telephone Radio Systems
Sec. 22.757 Channels for basic exchange telephone radio systems.
The channels listed in Sec. 22.725 are also allocated for paired
assignment to transmitters in basic exchange telephone radio systems.
In addition, the following channels are allocated for paired assignment
to transmitters in basic exchange telephone radio systems. All channels
have a bandwidth of 20 kHz and are designed by their center frequencies
in MegaHertz.
UHF Channels--Shared With Private Radio Services
------------------------------------------------------------------------
Rural subscriber Central office
------------------------------------------------------------------------
816.2375 861.2375
817.2375 862.2375
818.2375 863.2375
819.2375 864.2375
820.2375 865.2375
816.2125 861.2125
817.2125 862.2125
818.2125 863.2125
819.2125 864.2125
820.2125 865.2125
816.1875 861.1875
817.1875 862.1875
818.1875 863.1875
819.1875 864.1875
820.1875 865.1875
816.1625 861.1625
817.1625 862.1625
818.1625 863.1625
819.1625 864.1625
820.1625 865.1625
816.1375 861.1375
817.1375 862.1375
818.1375 863.1375
819.1375 864.1375
820.1375 865.1375
816.1125 861.1125
817.1125 862.1125
818.1125 863.1125
819.1125 864.1125
820.1125 865.1125
816.0875 861.0875
817.0875 862.0875
818.0875 863.0875
819.0875 864.0875
820.0875 865.0875
816.0625 861.0625
817.0625 862.0625
818.0625 863.0625
819.0625 864.0625
820.0625 865.0625
816.0375 861.0375
817.0375 862.0375
818.0375 863.0375
819.0375 864.0375
820.0375 865.0375
816.0125 861.0125
817.0125 862.0125
818.0125 863.0125
819.0125 864.0125
820.0125 865.0125
------------------------------------------------------------------------
(a) Channels are assigned in groups, as listed in this section.
(b) Channel groups in the 816-865 Mhz frequency range are not
assigned to Rural Radio Service stations located:
(1) Within 161 kilometers (100 miles) of the borders of the largest
54 MSAs (see Sec. 22.909).
(2) North of Line A or East of Line C; or,
(3) Within 110 kilometers (68 miles) of the Mexican border.
(c) Channel groups in the 816-865 MHz frequency range are not
assigned to central office stations located within 113 kilometers (70
miles) of another station authorized to operate on the same channels or
on channels with center frequencies offset by 12.5 kHz.
(d) Technical parameters governing the use of these channels are
contained in subpart S of part 90 of this chapter.
(e) The Common Carrier Bureau coordinates the availability of
channels in the 816-865 MHz frequency range with the Private Radio
Bureau.
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=557,418hm2
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
public air-ground radiotelephone stations and systems. 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. 22.803 Air-ground application requirements.
In addition to information required by Subparts B and D of this
part, applications for authorization to operate an air-ground station
or system in the Air-ground Radiotelephone Service must contain the
applicable supplementary information described in this section.
(a) Administrative information. The following information is
required by FCC Form 401, Schedule B or C (as applicable).
(1) The number of transmitter sites for which authorization is
requested.
(2) The call sign(s) of other facilities in the same area that are
ultimately controlled by the real party in interest to the application.
(b) Technical information. The following information is required by
FCC Form 401, Schedule B.
(1) Location description, city; county; state; geographical
coordinates correct to 1 second, the datum used (NAD 27 or
NAD 28), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna manufacturer, model number and type, 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).
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. 22.809 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. 22.811 Idle tone.
Whenever a ground station transmitter authorized to transmit on any
of the communications channels listed in Sec. 22.805 is available for
service but is not providing service, a modulated signal must be
continuously transmitted on the communication channel assigned to that
transmitter. While this modulated signal is transmitted, the
transmitter power must be between 10 and 20 dB lower than the normal
transmitting power.
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. 22.142) for general aviation
ground stations is 12 months.
Sec. 22.817 Additional channel policies.
The rules in this section govern the processing of applications for
authority to operate a ground station transmitter on any ground station
communication channel listed in Sec. 22.805 when the applicant has
applied or been granted an authorization for other ground station
communication channels in the same area. The general policy of the FCC
is to assign one ground station communication channel in an area to a
carrier per application cycle, up to a maximum of six ground station
communication channels per area. That is, a carrier must apply for one
ground station communication channel, receive the authorization,
construct the station, and notify the FCC of commencement of service
before applying for an additional ground station communication channel
in that area.
(a) Air-ground transmitters in same area. Any transmitter on any of
the ground station channels listed in Sec. 22.805 is considered to be
in the same area as another transmitter on any ground station channel
listed in Sec. 22.805 if it is located less than 350 kilometers (217
miles) from that transmitter.
(b) Initial channel. The FCC will not assign more than one ground
station communication channel for new ground stations. Ground stations
are considered to be new if there are no authorized ground station
transmitters on any channel listed in Sec. 22.805 controlled by the
applicant in the same area.
(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.
Sec. 22.819 AGRAS compatibility requirement.
Except as provided in paragraph (a) of this section, stations
transmitting on the channels listed in Sec. 22.805 must operate in
compliance with the technical and operational requirements contained in
the document, ``Technical Reference, Air-ground Radiotelephone
Automated Service (AGRAS), System Operation and Equipment
Characteristics'', dated April 12, 1985.
(a) Until January 1, 1996, stations may continue to operate in
compliance with the previous standard adopted in Docket 16073.
(b) Copies of the document referenced in this section may be
obtained from the FCC's copying contractor.
Sec. 22.821 Authorization for airborne mobile stations.
An authorization separate from any ground station authorization is
required for each airborne mobile station that operates on the channels
listed in Sec. 22.805. The operator of the airborne mobile station must
apply for the authorization (FCC Form 409). The application must
contain an affirmative representation that the applicant has made
definite arrangements with a wireline common carrier for service and
billing.
Commercial Aviation Air-Ground Systems
Sec. 22.857 Channel plan for commercial aviation air-ground systems.
The 849-851 and 894-896 MHz frequency ranges are allocated for
block assignment to nationwide air-ground systems providing
radiotelephone service to passengers aboard commercial aircraft. These
frequency ranges may also be used to provide service to persons in
general aviation or other aircraft. Ground stations transmit on
channels in the 849-851 MHz range. Airborne mobile stations transmit on
channels in the 894-896 MHz range. Systems using these channels must
conform to the channel plan described in this section.
(a) Channel blocks. The spectrum allocated for commercial aviation
air-ground systems is divided into ten channel blocks, numbered 1
through 10. All ground stations in each geographical area must use the
same channel block for communication with airborne mobile stations in
flight, in accordance with Sec. 22.859.
(1) Each channel block is subdivided into 6 control channels
labeled P-1 through P-6, and 29 communications channels labeled C-1
through C-29.
(2) The authorized channel bandwidths are as follows:
(i) Each control channel has a bandwidth of 3.2 kHz.
(ii) Each communications channel has a bandwidth of 6 kHz.
(b) The center frequencies (in MegaHertz) of the communications and
control channels are listed in Tables G-1 and G-2 of this section.
Table G-1.--Ground Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
10 9 8 7 6 5 4 3 2 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1....................................... 849.0055 849.2055 849.4055 849.6055 849.8055 850.0055 850.2055 850.4055 850.6055 850.8055
C-2....................................... 849.0115 849.2115 849.4115 849.6115 849.8115 850.0115 850.2115 850.4115 850.6115 850.8115
C-3....................................... 849.0175 849.2175 849.4175 849.6175 849.8175 850.0175 850.2175 850.4175 850.6175 850.8175
C-4....................................... 849.0235 849.2235 849.4235 849.6235 849.8235 850.0235 850.2235 850.4235 850.6235 850.8235
C-5....................................... 849.0295 849.2295 849.4295 849.6295 849.8295 850.0295 850.2295 850.4295 850.6295 850.8295
C-6....................................... 849.0355 849.2355 849.4355 849.6355 849.8355 850.0355 850.2355 850.4355 850.6355 850.8355
C-7....................................... 849.0415 849.2415 849.4415 849.6415 849.8415 850.0415 850.2415 850.4415 850.6415 850.8415
C-8....................................... 849.0475 849.2475 849.4475 849.6475 849.8475 850.0475 850.2475 850.4475 850.6475 850.8475
C-9....................................... 849.0535 849.2535 849.4535 849.6535 849.8535 850.0535 850.2535 850.4535 850.6535 850.8535
C-10...................................... 849.0595 849.2595 849.4595 849.6595 849.8595 850.0595 850.2595 850.4595 850.6595 850.8595
C-11...................................... 849.0655 849.2655 849.4655 849.6655 849.8655 850.0655 850.2655 850.4655 850.6655 855.8655
C-12...................................... 849.0715 849.2715 849.4715 849.6715 849.8715 850.0715 850.2715 850.4715 850.6715 850.8715
C-13...................................... 849.0775 849.2775 849.4775 849.6775 849.8775 850.0775 850.2775 850.4775 850.6775 850.8775
C-14...................................... 849.0835 849.2835 849.4835 849.6835 849.8835 850.0835 850.2835 850.4835 850.6835 850.8835
C-15...................................... 849.0895 849.2895 849.4895 849.6895 849.8895 850.0895 850.2895 850.4895 850.6895 850.8895
C-16...................................... 849.0955 849.2955 849.4955 849.6955 849.8955 850.0955 850.2955 850.4955 850.6955 850.8955
C-17...................................... 849.1015 849.3015 849.5015 849.7015 849.9015 850.1015 850.3015 850.5015 850.7015 850.9015
C-18...................................... 849.1075 849.3075 849.5075 849.7075 849.9075 850.1075 850.3075 850.5075 850.7075 850.9075
C-19...................................... 849.1135 849.3135 849.5135 849.7135 849.9135 850.1135 850.3135 850.5135 850.7135 850.9135
C-20...................................... 849.1195 849.3195 849.5195 849.7195 849.9195 850.1195 850.3195 850.5195 850.7195 850.9195
C-21...................................... 849.1255 849.3255 849.5255 849.7255 849.9255 850.1255 850.3255 850.5255 850.7255 850.9255
C-22...................................... 849.1315 849.3315 849.5315 849.7315 849.9315 850.1315 850.3315 850.5315 850.7315 850.9315
C-23...................................... 849.1375 849.3375 849.5375 849.7375 849.9375 850.1375 850.3375 850.5375 850.7375 850.9375
C-24...................................... 849.1435 849.3435 849.5435 849.7435 849.9435 850.1435 850.3435 850.5435 850.7435 850.9435
C-25...................................... 849.1495 849.3495 849.5495 849.7495 849.9495 850.1495 850.3495 850.5495 850.7495 850.9495
C-26...................................... 849.1555 849.3555 849.5555 849.7555 849.9555 850.1555 850.3555 850.5555 850.7555 850.9555
C-27...................................... 849.1615 849.3615 849.5615 849.7615 849.9615 850.1615 850.3615 850.5615 850.7615 850.9615
C-28...................................... 849.1675 849.3675 849.5675 849.7675 849.9675 850.1675 850.3675 850.5675 850.7675 850.9675
C-29...................................... 849.1735 849.3735 849.5735 849.7735 849.9735 850.1735 850.3735 850.5735 850.7735 850.9735
P-6....................................... 849.1813 849.3813 849.5813 849.7813 849.9813 850.1813 850.3813 850.5813 850.7813 850.9813
P-5....................................... 849.1845 849.3845 849.5845 849.7845 849.9845 850.1845 850.3845 850.5845 850.7845 850.9845
P-4....................................... 849.1877 849.3877 849.5877 849.7877 849.9877 850.1877 850.3877 850.5877 850.7877 850.9877
P-3....................................... 849.1909 849.3909 849.5909 849.7909 849.9909 850.1909 850.3909 850.5909 850.7909 850.9909
P-2....................................... 849.1941 849.3941 849.5941 849.7941 849.9941 850.1941 850.3941 850.5941 850.7941 850.9941
P-1....................................... 849.1973 849.3973 849.5973 849.7973 849.9973 850.1973 850.3973 850.5973 850.7973 850.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table G-2.--Airborne Mobile Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
10 9 8 7 6 5 4 3 2 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1....................................... 894.0055 894.2055 894.4055 894.6055 894.8055 895.0055 895.2055 895.4055 895.6055 895.8055
C-2....................................... 894.0115 894.2115 894.4115 894.6115 894.8115 895.0115 895.2115 895.4115 895.6115 895.8115
C-3....................................... 894.0175 894.2175 894.4175 894.6175 894.8175 895.0175 895.2175 895.4175 895.6175 895.8175
C-4....................................... 894.0235 894.2235 894.4235 894.6235 894.8235 895.0235 895.2235 895.4235 895.6235 895.8235
C-5....................................... 894.0295 894.2295 894.4295 894.6295 894.8295 895.0295 895.2295 895.4295 895.6295 895.8295
C-6....................................... 894.0355 894.2355 894.4355 894.6355 894.8355 895.0355 895.2355 895.4355 895.6355 895.8355
C-7....................................... 894.0415 894.2415 894.4415 894.6415 894.8415 895.0415 895.2415 895.4415 895.6415 895.8415
C-8....................................... 894.0475 894.2475 894.4475 894.6475 894.8475 895.0475 895.2475 895.4475 895.6475 895.8475
C-9....................................... 894.0535 894.2535 894.4535 894.6535 894.8535 895.0535 895.2535 895.4535 895.6535 895.8535
C-10...................................... 894.0595 894.2595 894.4595 894.6595 894.8595 895.0595 895.2595 895.4595 895.6595 895.8595
C-11...................................... 894.0655 894.2655 894.4655 894.6655 894.8655 895.0655 895.2655 895.4655 895.6655 895.8655
C-12...................................... 894.0715 894.2715 894.4715 894.6715 894.8715 895.0715 895.2715 895.4715 895.6715 895.8715
C-13...................................... 894.0775 894.2775 894.4775 894.6775 894.8775 895.0775 895.2775 895.4775 895.6775 895.8775
C-14...................................... 894.0835 894.2835 894.4835 894.6835 894.8835 895.0835 895.2835 895.4835 895.6835 895.8835
C-15...................................... 894.0895 894.2895 894.4895 894.6895 894.8895 895.0895 895.2895 895.4895 895.6895 895.8895
C-16...................................... 894.0955 894.2955 894.4955 894.6955 894.8955 895.0955 895.2955 895.4955 895.6955 895.8955
C-17...................................... 894.1015 894.3015 894.5015 894.7015 894.9015 895.1015 895.3015 895.5015 895.7015 895.9015
C-18...................................... 894.1075 894.3075 894.5075 894.7075 894.9075 895.1075 895.3075 895.5075 895.7075 895.9075
C-19...................................... 894.1135 894.3135 894.5135 894.7135 894.9135 895.1135 895.3135 895.5135 895.7135 895.9135
C-20...................................... 894.1195 894.3195 894.5195 894.7195 894.9195 895.1195 895.3195 895.5195 895.7195 895.9195
C-21...................................... 894.1255 894.3255 894.5255 894.7255 894.9255 895.1255 895.3255 895.5255 895.7255 895.9255
C-22...................................... 894.1315 894.3315 894.5315 894.7315 894.9315 895.1315 895.3315 895.5315 895.7315 895.9315
C-23...................................... 894.1375 894.3375 894.5375 894.7375 894.9375 895.1375 895.3375 895.5375 895.7375 895.9375
C-24...................................... 894.1435 894.3435 894.5435 894.7435 894.9435 895.1435 895.3435 895.5435 895.7435 895.9435
C-25...................................... 894.1495 894.3495 894.5495 894.7495 894.9495 895.1495 895.3495 895.5495 895.7495 895.9495
C-26...................................... 894.1555 894.3555 894.5555 894.7555 894.9555 895.1555 895.3555 895.5555 895.7555 895.9555
C-27...................................... 894.1615 894.3615 894.5615 894.7615 894.9615 895.1615 895.3615 895.5615 895.7615 895.9615
C-28...................................... 894.1675 894.3675 894.5675 894.7675 894.9675 895.1675 895.3675 895.5675 895.7675 895.9675
C-29...................................... 894.1735 894.3735 894.5735 894.7735 894.9735 895.1735 895.3735 895.5735 895.7735 895.9735
P-6....................................... 894.1813 894.3813 894.5813 894.7813 894.9813 895.1813 895.3813 895.5813 895.7813 895.9813
P-5....................................... 894.1845 894.3845 894.5845 894.7845 894.9845 895.1845 895.3845 895.5845 895.7845 895.9845
P-4....................................... 894.1877 894.3877 894.5877 894.7877 894.9877 895.1877 895.3877 895.5877 895.7877 895.9877
P-3....................................... 894.1909 894.3909 894.5909 894.7909 894.9909 895.1909 895.3909 895.5909 895.7909 895.9909
P-2....................................... 894.1941 894.3941 894.5941 894.7941 894.9941 895.1941 895.3941 895.5941 895.7941 895.9941
P-1....................................... 894.1973 894.3973 894.5973 894.7973 894.9973 895.1973 895.3973 895.5973 895.7973 895.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 22.859 Geographical channel block layout.
Except as provided in paragraphs (a) and (b) of this section,
ground station locations must be within 1.61 kilometers (one mile) of
the locations listed in this paragraph. The channel block allotted for
each location must be used to provide service to airborne mobile
stations in flight and may be used to provide service to airborne
mobile stations on ground.
------------------------------------------------------------------------
Channel
Location N. latitude W. longitude block
------------------------------------------------------------------------
Alaska:
Anchorage.............. 61 deg.11'06'' 149 deg.54'42'' 8
Cordova................ 60 deg.33'00'' 145 deg.43'00'' 5
Ketchikan.............. 55 deg.21'20'' 131 deg.42'33'' 5
Juneau................. 58 deg.21'18'' 134 deg.34'30'' 4
Sitka.................. 57 deg.03'30'' 135 deg.22'01'' 7
Yakutat................ 59 deg.30'30'' 142 deg.30'00'' 8
Alabama: Birmingham........ 33 deg.23'24'' 86 deg.39'59'' 2
Arizona:
Phoenix................ 33 deg.35'39'' 112 deg.05'12'' 4
Winslow................ 35 deg.01'17'' 110 deg.43'02'' 6
Arkansas: Pine Bluff....... 34 deg.10'56'' 91 deg.56'18'' 8
California:
Blythe................. 33 deg.36'39'' 114 deg.42'24'' 10
Eureka................. 40 deg.42'59'' 124 deg.12'09'' 8
Los Angeles............ 33 deg.56'45'' 118 deg.23'03'' 4
Oakland................ 37 deg.51'12'' 122 deg.12'30'' 1
San Francisco.......... 37 deg.41'15'' 122 deg.26'01'' 6
Visalia................ 36 deg.19'36'' 119 deg.23'22'' 7
Colorado:
Colorado Springs....... 38 deg.44'39'' 104 deg.51'46'' 8
Denver................. 39 deg.46'45'' 104 deg.50'49'' 1
Hayden................. 40 deg.29'04'' 107 deg.13'08'' 6
Florida:
Miami.................. 25 deg.48'27'' 80 deg.16'30'' 4
Orlando................ 28 deg.26'53'' 81 deg.22'00'' 2
Tallahassee............ 30 deg.24'02'' 84 deg.21'18'' 7
Georgia:
Atlanta................ 33 deg.39'05'' 84 deg.25'54'' 5
St. Simon Island....... 31 deg.09'22'' 81 deg.23'14'' 6
Hawaii: Mauna Kapu......... 21 deg.24'24'' 158 deg.06'02'' 5
Idaho:
Blackfoot.............. 43 deg.11'34'' 112 deg.20'57'' 8
Caldwell............... 43 deg.38'45'' 116 deg.38'44'' 10
Illinois:
Chicago................ 41 deg.46'49'' 87 deg.45'20'' 3
Kewanee................ 41 deg.12'05'' 89 deg.57'33'' 5
Schiller Park.......... 41 deg.57'18'' 87 deg.52'57'' 2
Indiana: Fort Wayne........ 40 deg.59'16'' 85 deg.11'31'' 7
Iowa: Des Moines........... 41 deg.31'58'' 93 deg.38'54'' 1
Kansas:
Garden City............ 37 deg.59'35'' 100 deg.54'04'' 3
Wichita................ 37 deg.37'24'' 97 deg.27'15'' 7
Kentucky: Fairdale......... 38 deg.04'48'' 85 deg.47'33'' 6
Louisiana:
Kenner................. 30 deg.00'44'' 90 deg.13'30'' 3
Shreveport............. 32 deg.27'09'' 93 deg.49'38'' 5
Massachusetts: Boston...... 42 deg.23'15'' 71 deg.01'03'' 7
Michigan:
Bellville.............. 42 deg.12'17'' 83 deg.29'09'' 8
Flint.................. 42 deg.58'21'' 83 deg.44'22'' 9
Sault Saint Marie...... 46 deg.28'45'' 84 deg.21'31'' 6
Minnesota: Bloomington..... 44 deg.51'30'' 93 deg.13'19'' 9
Mississippi: Meridian...... 32 deg.19'10'' 88 deg.41'33'' 9
Missouri:
Kansas City............ 30 deg.18'37'' 94 deg.41'07'' 6
St Louis............... 38 deg.42'45'' 90 deg.19'19'' 4
Springfield............ 37 deg.14'28'' 93 deg.22'54'' 9
Montana:
Lewistown.............. 47 deg.02'56'' 109 deg.27'27'' 5
Miles City............. 46 deg.25'30'' 105 deg.52'30'' 8
Missoula............... 47 deg.01'05'' 114 deg.00'41'' 3
Nebraska:
Grand Island........... 40 deg.58'00'' 98 deg.19'11'' 2
Ogallala............... 41 deg.07'11'' 101 deg.45'37'' 4
Nevada:
Las Vegas.............. 36 deg.05'35'' 115 deg.10'25'' 1
Reno................... 39 deg.25'13'' 119 deg.55'52'' 3
Tonopah................ 38 deg.03'43'' 117 deg.13'24'' 9
Winnemucca............. 41 deg.00'39'' 117 deg.45'58'' 4
New Mexico:
Alamogordo............. 32 deg.54'46'' 105 deg.56'41'' 8
Albuquerque............ 35 deg.03'05'' 106 deg.37'13'' 10
Aztec.................. 36 deg.48'42'' 107 deg.53'48'' 9
Clayton................ 36 deg.27'29'' 103 deg.11'16'' 5
New Jersey: Woodbury....... 39 deg.50'01'' 75 deg.09'21'' 3
New York:
E. Elmhurst............ 40 deg.46'21'' 73 deg.52'42'' 1
Schuyler............... 43 deg.09'09'' 75 deg.07'50'' 2
Staten Island.......... 40 deg.36'05'' 74 deg.06'35'' 9
North Carolina:
Greensboro............. 36 deg.05'54'' 70 deg.56'42'' 9
Wilmington............. 34 deg.16'10'' 77 deg.54'24'' 3
North Dakota: Dickinson.... 46 deg.51'05'' 102 deg.47'35'' 7
Ohio: Pataskala............ 40 deg.04'38'' 82 deg.41'57'' 1
Oklahoma:
Warner................. 35 deg.29'31'' 95 deg.18'25'' 4
Woodward............... 36 deg.24'42'' 99 deg.28'50'' 9
Oregon:
Albany................. 44 deg.38'24'' 123 deg.03'36'' 5
Klamath Falls.......... 42 deg.06'30'' 121 deg.38'00'' 2
Pendleton.............. 45 deg.35'45'' 118 deg.31'02'' 7
Pennsylvania:
Coraopolis............. 40 deg.30'33'' 80 deg.13'27'' 4
New Cumberland......... 40 deg.11'30'' 76 deg.52'02'' 8
South Carolina: Charleston. 32 deg.54'10'' 80 deg.01'20'' 4
South Dakota:
Aberdeen............... 45 deg.27'21'' 98 deg.25'26'' 6
Rapid City............. 44 deg.02'36'' 103 deg.03'36'' 5
Tennessee:
Elizabethton........... 36 deg.26'04'' 82 deg.08'06'' 7
Memphis................ 35 deg.01'44'' 89 deg.56'15'' 10
Nashville.............. 36 deg.08'44'' 86 deg.41'31'' 3
Texas:
Austin................. 30 deg.16'37'' 97 deg.49'34'' 2
Bedford................ 32 deg.50'19'' 97 deg.08'03'' 1
Houston................ 29 deg.54'37'' 95 deg.24'39'' 9
Lubbock................ 33 deg.37'06'' 101 deg.52'14'' 7
Monahans............... 31 deg.34'58'' 102 deg.54'18'' 6
Utah:
Abajo Peak............. 37 deg.50'21'' 109 deg.27'42'' 7
Delta.................. 39 deg.23'15'' 112 deg.30'44'' 2
Escalante.............. 37 deg.45'19'' 111 deg.52'27'' 5
Green River............ 38 deg.57'54'' 110 deg.13'40'' 3
Salt Lake City......... 40 deg.39'11'' 112 deg.12'06'' 1
Virginia: Arlington........ 38 deg.52'55'' 77 deg.06'18'' 6
Washington:
Seattle................ 47 deg.26'08'' 122 deg.17'35'' 4
Cheney................. 47 deg.33'14'' 117 deg.43'35'' 1
West Virginia: Charleston.. 38 deg.19'47'' 81 deg.39'36'' 2
Wisconsin: Stevens Point... 44 deg.33'06'' 89 deg.25'27'' 8
Wyoming: Riverton.......... 43 deg.03'37'' 108 deg.27'23'' 9
------------------------------------------------------------------------
(a) Carriers authorized to construct and operate air-ground
radiotelephone systems on the channels listed in Sec. 22.857 may also
construct and operate low power ground stations designed to provide
service to airborne mobile stations on the ground, provided that no
interference is caused to service provided by ground stations located
in accordance with the geographical channel block layout or with
paragraph (b) of this section. The antenna location of each such low
power ground station may be anywhere that is at least 483 kilometers
(300 miles) from all antenna locations of ground stations using the
same channel block(s) in accordance with the geographical channel block
layout or with paragraph (b) of this section.
(b) Ground station locations may be more than 1.61 kilometers (one
mile) from all of the locations listed in this section, provided that
they are at least 885 kilometers (550 miles) from all antenna locations
of ground stations using the same channel block(s) in accordance with
the geographical channel block layout or with this paragraph.
Sec. 22.861 Emission limitations.
Any appropriate emission type may be used to provide air-ground
radiotelephone service on the channels listed in Sec. 22.857, provided
that the emission limitations of this section are met.
(a) Emission mask. The emission mask described in this paragraph
applies instead of those in Sec. 22.359. The power of any emission in
each of the adjacent channels must be at least 30 dB below the power of
the total emission. The power of any emission in any of the channels
other than the one being used and the adjacent channels must be at
least 50 dB below the power of the total emission.
(b) Airborne mobile transmitters. The power of any emission in each
of the adjacent channels must not exceed -130 dBm at any ground station
receiver, assuming a 0 dBi receive antenna. The power of any emission
in any of the channels other than the one being used and the adjacent
channels must not exceed -148 dBm at any ground station receiver,
assuming a 0 dBi receive antenna.
(c) Ground station transmitters. The effective radiated power (ERP)
of any emission outside of the frequency ranges set forth in
Sec. 22.857 must not exceed -10 dBm. The ERP of any emission in each of
the adjacent channels must not exceed +10 dBm. The ERP of any emission
in any of the channels other than the one being used and the adjacent
channels must not exceed -5 dBm.
(d) If an emission on any frequency outside of the authorized
bandwidth causes harmful interference, the FCC may require greater
attenuation of that emission than required in paragraph (a) of this
section.
Sec. 22.863 Transmitter frequency tolerance.
Ground station transmitter frequencies must be maintained within
0.1 parts per million (ppm) of the channel reference or center
frequencies. Doppler shift correction must be used to ensure that the
frequencies of the signals of airborne mobile stations received at
ground stations remain within 0.2 ppm of the channel reference or
center frequencies.
Sec. 22.865 Automatic channel selection procedures.
Operation of stations using the channels listed in Sec. 22.857 must
be in accordance with the procedures in this section.
(a) A communications channel is not available for use by a ground
station if it is already in use by another ground station at the same
location. Ground station equipment must automatically determine whether
channels are in use by other ground stations at the same location, and
may employ radio frequency signal monitoring to do so. For example, a
communications channel may be determined to be in use if the received
signal power on that channel at the ground station exceeds -115 dBm,
which, assuming a 0 dB gain 895 MHz receive antenna, corresponds to a
field strength of approximately 19 dBV/m. Ground stations may
employ an alternative method of determining whether a communications
channel is in use provided that such procedure is at least as reliable
as radio frequency signal monitoring.
(b) Data indicating which communications channels are available for
use are transmitted by ground stations on the assigned control
channels.
(c) A call is originated when an airborne mobile station selects a
communications channel based on the received data from ground stations
and other factors, and transmits an identification code (which
identifies the specific ground station from which service is requested)
on the selected communications channel. The ground station from which
service has been requested may then obtain any necessary billing
information and complete the call.
(d) A ground station may not transmit on a communications channel
unless it has received the proper identification code. After a ground
station has begun to transmit on a communications channel, that channel
is not available to ground stations other than the one from which
service has been requested until the call is terminated.
(e) A call is terminated by the ground station when either a hang-
up signal is transmitted by the airborne mobile station, or the signal
from the airborne mobile station on the communications channel is lost
for a period of 15 continuous seconds. The hang-up signal is the on-off
keying (50% duty cycle) of an unmodulated carrier over a period of one
second with pulse duration of 5 milliseconds. However, if all carriers
authorized to operate air-ground systems using the channels listed in
Sec. 22.857 agree that an alternative hang-up signal and/or procedure
would be more efficient or beneficial, such alternative hang-up signal
and/or procedure may be used. The carriers must jointly give prior
notification to the FCC if an alternative hang-up signal and/or
procedure is used.
Sec. 22.867 Effective radiated power limits.
The effective radiated power (ERP) of ground and airborne stations
operating on the channels listed in Sec. 22.857 must not exceed the
limits in this section.
(a) The ERP of airborne mobile station transmitters must not exceed
30 Watts.
(b) The ERP of ground station transmitters must not exceed 100
Watts.
(c) The ERP of low power ground station transmitters operating
pursuant to paragraph (a) of Sec. 22.859 must not exceed 1 Watt.
Sec. 22.869 Assignment of control channels.
The FCC selects and assigns exclusively one control channel to each
commercial aviation air-ground licensee.
Sec. 22.871 Control channel transition period.
The rules in this section provide for a period of transition during
which the experimental air-ground system operating on the channels
listed in Sec. 22.857 will be discontinued and replaced by a system
operating in full compliance with the rules in this subpart. The
experimental system may continue to exclusively use a 3.2 kHz control
channel contained within the bandwidth of communications channel C-2 of
each channel block until September 9, 1996. After that date
communications channel C-2 will be available for use by all carriers
authorized to operate an air-ground system on the channels listed in
Sec. 22.857.
Sec. 22.873 Construction period for commercial aviation air-ground
systems.
Construction of a new commercial aviation air-ground system is
considered to be completed for the purpose of this section and
Sec. 22.142 when the number of ground stations specified in this
section are constructed and operational.
(a) Stage I. At least 25 ground stations must be constructed and
operational within 3 years. Licensees must notify the FCC (FCC Form
489) as soon as this requirement is met. Service to subscribers may
commence as soon as the notification is mailed. If service to
subscribers is not commenced at that time, the notification must
contain a statement to this effect.
(b) Stage II. At least 50 ground stations must be constructed and
operational within 5 years. Nationwide service to subscribers must
commence within 5 years. Licensees must notify the FCC (FCC Form 489)
as soon as these requirements are met.
Sec. 22.875 Commercial aviation air-ground system application
requirements.
Existing and prospective common carriers may file applications for
authority to construct and operate a new nationwide air-ground system
on the channels listed in Sec. 22.857 only during window filing periods
that may be announced by the FCC in Public Notices. In addition to the
requirements elsewhere in this part, such applications must contain the
following exhibits:
(a) Written agreement. A signed agreement between the applicant and
at least one airline or airline organization, authorizing the applicant
to provide air-ground service on its aircraft.
(b) Financial qualifications. At the time of filing its application
an applicant must demonstrate that it has either a firm financial
commitment or available financial resources necessary to construct 50
ground stations and operate for one year after initiation of nationwide
air-ground service its proposed air-ground system.
(1) The demonstration of commitment must include and be sufficient
to cover the realistic and prudent estimated costs of construction of
50 ground stations, operation and other initial expenses for one year
after initiation of nationwide air-ground service. The estimated costs,
operation costs and other initial expenses must be itemized. The
estimated costs must include the anticipated costs of construction of
each ground station.
(2) The firm financial commitment required above must be obtained
from a state or federally chartered bank or savings and loan
association, or the financial affiliate or subsidiary of an equipment
supplier, and must contain a statement that the lender:
(i) Has examined the financial condition of the applicant including
audited financial statements, and has determined that the applicant is
credit worthy;
(ii) That the lender is committed to providing a sum certain to the
particular applicant;
(iii) That the lender's willingness to enter into the commitment is
based solely on its relationship with the applicant; and
(iv) That the commitment is not in any way guaranteed by any entity
other than the applicant.
(3) Applicants intending to rely on personal or internal resources
must submit:
(i) Audited financial statements certified within one year of the
date of the application, indicating the availability of sufficient net
liquid assets to construct and operate the proposed air-ground system
for one year.
(A) The auditors must be certified public accountants.
(B) Net liquid assets is considered to be the excess of current
assets (readily converted to cash) over current liabilities. In order
to demonstrate ready convertibility into cash, the identity, liquidity
and value of listed assets must be demonstrated. Non-liquid assets can
be relied on if the marketability of those assets is documented.
(ii) An audited balance sheet, current within 60 days of filing,
which clearly shows the continued availability of sufficient net liquid
assets to construct and operate the proposed air-ground system for one
year after nationwide service begins.
(c) Service Plan. A service plan containing:
(1) A map or other description of the planned geographic coverage
area, including air space over the continental United States, Alaska,
Hawaii and other United States territories.
(2) A schedule for construction of 50 ground stations and provision
of nationwide service to subscribers within 5 years from the grant of
the initial authorization.
(3) A description of how the system will interconnect with the
landline telephone network and be integrated with other air-ground
systems, including a statement as to whether the system will be
interconnected with international air-ground systems.
(d) Technical Exhibit. A technical description of the proposed
system demonstrating compliance with all applicable technical
requirements and describing how the proposed system would operate, if
authorized. This exhibit must provide the following information:
(1) The number of ground stations to be used, their locations, and
the type and quantity of equipment proposed for the system;
(2) A complete description of the procedures and data protocols to
be used on the control channel;
(3) The modulation types to be used and their spectral
characteristics;
(4) The effective radiated power and transmitter peak envelope
power for all transmitters at each ground station location, and the
effective radiated power of the airborne mobile stations;
(5) Antenna information as follows:
(i) For airborne mobile stations, the antenna type(s) to be used;
(ii) For ground stations, vertical and horizontal radiation
patterns, antenna heights above ground level, antenna support structure
heights above ground level, ground elevation above mean sea level and
any relevant information (e.g. FAA approval) that may be helpful in
determining whether ground station antennas require marking and
lighting;
(6) Analytical data, including calculations, of potential
interference within and without the spectrum for the air-ground system;
(7) A statement in compliance with the National Environmental
Policy Act of 1969. See Secs. 1.1301 through 1.1319 of this chapter.
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.
Cellular system licensees must provide cellular mobile
radiotelephone service upon request to all cellular subscribers in good
standing, including roamers, while such subscribers are located within
any portion of the authorized cellular geographic service area (see
Sec. 22.911) where facilities have been constructed and service to
subscribers has commenced. A cellular system licensee may refuse or
terminate service, however, subject to any applicable state or local
requirements for timely notification, to any subscriber who operates a
cellular telephone in an airborne aircraft in violation of Sec. 22.925
or otherwise fails to cooperate with the licensee in exercising
operational control over mobile stations pursuant to Sec. 22.927.
(a) Service area information. Licensees must inform prospective
subscribers of the area in which reliable service can be expected.
(b) Lack of capacity. If a licensee refuses a request for cellular
service because of a lack of system capacity, it must report that fact
to the FCC in writing, explaining how it plans to increase capacity.
(c) Dispatch service. Cellular systems must not offer or provide
dispatch service.
(d) Alternative technologies and auxiliary services. Licensees of
cellular systems may use alternative cellular technologies and/or
provide auxiliary common carrier services, including personal
communications services (as defined in part 24 of this chapter) on the
communication channels in their assigned channel block, provided that
cellular service is available to subscribers whose mobile equipment
conforms to the cellular system compatibility specification (see
Sec. 22.933).
(1) Licensees must perform or obtain an engineering analysis to
ensure that interference to the service of other cellular systems will
not result from the implementation of auxiliary services or alternative
cellular technologies.
(2) Alternative technology and auxiliary service operations are
exempt from the channeling requirements of Sec. 22.905, the modulation
requirements of Sec. 22.915, the wave polarization requirements of
Sec. 22.367, the compatibility specification in Sec. 22.933 and the
emission limitations of Secs. 22.357 and 22.917, except for emission
limitations that apply to emissions outside the assigned channel block.
(e) Provision of resale capacity. Each cellular system licensee
must permit unrestricted resale of its service, except that a licensee
may apply resale restrictions to licensees of cellular systems on the
other channel block in its market after the five year build-out period
for licensees on the other channel block has expired.
Sec. 22.903 Conditions applicable to former Bell Operating Companies.
Ameritech Corporation, Bell Atlantic Corporation, BellSouth
Corporation, NYNEX Corporation, Pacific Telesis Group, Southwestern
Bell Corporation, U.S. West, Inc., their successors in interest and
affiliated entities (BOCs) may engage in the provision of cellular
service only in accordance with the conditions in this section, unless
otherwise authorized by the FCC. BOCs may, subject to other provisions
of law, have a controlling or lesser interest in or be under common
control with separate corporations that provide cellular service only
under the following conditions:
(a) Access to landline facilities: BOCs must not sell, lease or
otherwise make available to the separate corporation any transmission
facilities that are used in any way for the provision of its landline
telephone services, except on a compensatory, arm's-length basis.
Separate corporations must not own any facilities for the provision of
landline telephone service. Access to landline exchange and
transmission facilities for the provision of cellular service must be
obtained by separate corporations on the same terms and conditions as
those facilities are made available to other entities.
(b) Independence. Separate corporations must operate independently
in the provision of cellular service. Each separate corporation must--
(1) Maintain its own books of account;
(2) Have separate officers;
(3) Employ separate operating, marketing, installation and
maintenance personnel; and,
(4) Utilize separate computer and transmission facilities in the
provision of cellular services.
(c) Research or development. Any research or development performed
by BOCs for separate corporations, either separately or jointly, must
be on a compensatory basis.
(d) Transactions. All transactions between the separate corporation
and the BOC or its affiliates that involve the transfer, either direct
or by accounting or other record entries, of money, personnel,
resources, other assets or any things of value, shall be reduced to
writing. A copy of any contract, agreement or other arrangement entered
between such entities with regard to interconnection with landline
network exchange and transmission facilities must be filed with the FCC
within thirty days after the contract, agreement, or other arrangement
is made. A copy of all other contracts, agreements or arrangements
between such entities shall be kept available by the separate
corporation for inspection upon reasonable request by the FCC. The
provision shall not apply to any transaction governed by the provision
of an effective state or federal tariff.
(e) Promotion. BOCs must not engage in the sale or promotion of
cellular service on behalf of the separate corporation. However, this
does not prohibit joint advertising or promotional efforts by the
landline carrier and its cellular affiliate.
(f) Proprietary information. BOCs must not provide to any such
separate corporation any customer proprietary information, unless such
information is publicly available on the same terms and conditions.
(g) Provision of other Public Mobile services. Separate
corporations may include, as part of their operations, the provision of
other Public Mobile services.
Sec. 22.905 Channels for cellular service.
The following channels are allocated for block assignment in the
Cellular Radiotelephone Service. All channels have a bandwidth of 40
kHz and are designed by their center frequencies in MegaHertz.
------------------------------------------------------------------------
Base Mobile
------------------------------------------------------------------------
CHANNEL BLOCK A
416 communication channel pairs
869.040 824.040
869.070 824.070
879.990 834.990
890.010 845.010
890.040 845.040
891.480 846.480
21 control channel pairs
834.390 879.390
834.420 879.420
834.990 879.990
CHANNEL BLOCK B
416 communication channel pairs
880.020 835.020
880.050 835.050
889.980 844.980
891.510 846.510
981.540 846.540
893.970 848.970
21 control channel pairs
835.020 880.020
835.050 880.050
835.620 880.620
------------------------------------------------------------------------
(a) Each channel block is assigned exclusively to one licensee for
use in that licensee's cellular geographic service area (see
Sec. 22.911).
(b) Licensees may use any channel pair from the assigned channel
block at any of their transmitter locations, subject to the prior
coordination requirements of Sec. 22.907.
Sec. 22.907 Coordination of channel usage.
Licensees in the Cellular Radiotelephone Service must coordinate,
with the appropriate parties, channel usage at each transmitter
location within 121 kilometers (75 miles) of any transmitter locations
authorized to other licensees or proposed by tentative selectees or
other applicants, except those with mutually exclusive applications.
(a) Licensees must cooperate and make reasonable efforts to resolve
technical problems that may inhibit effective and efficient use of the
cellular radio spectrum; however, licensees are not obligated to
suggest extensive changes to or redesign other licensees' cellular
systems. Licensees must make reasonable efforts to avoid blocking the
growth of other cellular systems that are likely to need additional
capacity in the future.
(b) If technical problems are addressed by an agreement or
operating arrangement between the licensees that would result in a
reduction of quality or capacity of either system, the licensees must
notify the FCC by letter.
Sec. 22.909 Cellular markets.
Cellular markets are standard geographic areas used by the FCC for
administrative convenience in the licensing of cellular systems.
Cellular markets comprise Metropolitan Statistical Areas (MSAs) and
Rural Service Areas (RSAs). All cellular markets and the counties they
comprise are listed in Public Notice Report No. CL-92-40 ``Common
Carrier Public Mobile Services Information, Cellular MSA/RSA Markets
and Counties'', dated January 24, 1992, DA 92-109, 7 FCC Rcd 742
(1992).
(a) MSAs. Metropolitan Statistical Areas are 306 areas, including
New England County Metropolitan Areas and the Gulf of Mexico Service
Area (water area of the Gulf of Mexico, border is the coastline),
defined by the Office of Management and Budget, as modified by the FCC.
(b) RSAs. Rural Service Areas are 428 areas, other than MSAs,
established by the FCC.
Sec. 22.911 Cellular geographic service area.
The Cellular Geographic Service Area (CGSA) of a cellular system is
the geographic area considered by the FCC to be served by the cellular
system. The CGSA is the area within which cellular systems are entitled
to protection and within which adverse effects for the purpose of
determining whether a petitioner has standing are recognized.
(a) CGSA determination. The CGSA is the composite of the service
areas of all of the cells in the system, excluding any area outside the
cellular market boundary, except as provided in paragraph (c) of this
section, and excluding any area within the CGSA of another cellular
system. The service area of a cell is the area within its service area
boundary (SAB). The distance to the SAB is calculated as a function of
effective radiated power (ERP) and antenna center of radiation height
above average terrain (HAAT), height above sea level (HASL) or height
above mean sea level (HAMSL).
(1) Except as provided in paragraphs (a)(2) and (b) of this
section, the distance from a cell transmitting antenna to its SAB along
each cardinal radial is calculated as follows:
d=2.531 x h0.34 xp0.17
where:
d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
(2) For the cellular systems authorized to serve the Gulf of Mexico
MSA, the distance from a cell transmitting antenna to its SAB along
each cardinal radial is calculated as follows:
d=6.895 x h0.30 xp0.15
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 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.
Note to paragraph (a) of Sec. 22.911: On May 13, 1994, the
United States Court of Appeals for the District of Columbia Circuit
instructed the FCC to vacate the provisions of old Sec. 22.903(a),
now Sec. 22.911(a), insofar as they apply to cellular systems
licensed to serve the Gulf of Mexico MSA (GMSA), pending
reconsideration of an issue remanded to the FCC in that decision.
See Petroleum Communications, Inc. v. Federal Communications
Commission, No. 92-1670 and RVC Services, Inc., D/B/A Coastel
Communications Company v. Federal Communications Commission, No. 93-
1016, ____ F.2d ____, ____ (D.C. Cir. 1994). Accordingly,
notwithstanding the provisions of Sec. 22.911(a), until further
notice, the authorized CGSAs of the cellular systems licensed to
serve the GMSA are those which were authorized prior to January 11,
1993.
(b) Alternative CGSA determination. If a carrier believes that the
method prescribed in paragraph (a) of this section produces a CGSA that
departs significantly (20% in the service area of any cell)
from the geographical area where reliable cellular service is actually
provided, the carrier may submit, as an exhibit to an application for
modification of the CGSA (FCC Form 401), 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
dBV/m (i.e. does not exceed 32 dBV/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 cell sites to cell SABs along the eight
cardinal radials, with other points along the SAB determined in
accordance with paragraph (a)(6) of this section. The distances used
for the cardinal radials must be representative of the coverage within
the 45 deg. sectors, as depicted by the alternative CGSA determination.
(2) If an uncalibrated predictive model is used to depict the CGSA,
the alternative CGSA determination must identify factors (e.g. terrain
roughness or features) that could plausibly account for the difference
between actual coverage and that defined by the formula in paragraph
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact
is disclosed in the alternative CGSA determination, it is not necessary
to offer an explanation of the difference between actual coverage and
that defined by the formula in paragraph (a)(1) of this section. If the
formula in paragraph (a)(1) of this section is clearly inapplicable for
the cell(s) in question (e.g. for microcells), this should be disclosed
in the alternative CGSA determination.
(3) The provision for alternative CGSA determinations was made in
recognition that the formula in paragraph (a)(1) of this section is a
general model that provides a reasonable approximation of coverage in
most land areas, but may substantially 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 radial
distance to the SAB 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 extension areas. SAB extensions (areas outside of the
cellular market boundary, but within the service area as calculated
using the methods of paragraph (a) of this section) are part of the
CGSA only under the following circumstances:
(1) During the five year build-out period of the system in the
cellular market containing the extension, the licensees of systems on
the same channel block in adjacent cellular markets may agree that the
portion of the service area of one system that extends into unserved
areas in the other system's cellular market is part of the CGSA of the
former system.
(2) At the end of the five year build-out period of the system in
the cellular market containing the extension, the portion of the
service area that extends into unserved areas in another cellular
market becomes part of the CGSA, provided that the licensee of the
system so extended files a system information update in accordance with
Sec. 22.947(c).
(3) For original systems in MSAs, extensions of the CGSA authorized
by the FCC are part of the CGSA to the extent authorized.
(d) Protection afforded. Within the CGSA determined in accordance
with this section, cellular systems are entitled to protection from co-
channel and first-adjacent channel interference and from capture of
subscriber traffic by adjacent systems on the same channel block.
(1) Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific
cells or by other technical means.
(2) Protection from capture of subscriber traffic is applied and
limited in accordance with the following:
(i) Subscriber traffic is captured if an SAB of one cellular system
overlaps the CGSA of another operating cellular system. Therefore,
cellular licensees must not begin to operate any facility that would
cause an SAB to overlap the existing CGSA of another cellular system on
the same channel block, without first obtaining the written consent of
the licensee of that system. However, cellular licensees may continue
to operate existing facilities that produce an SAB overlapping a
subsequently-authorized portion of the CGSA of another cellular system
on the same channel block until the licensee of that system requests
that the SAB be removed from its CGSA. Such request may be made
directly to the licensee of the overlapping system or to the FCC. In
the event such request is made, the licensee of the overlapping system
must reduce the transmitting power or antenna height (or both) at the
pertinent cell site as necessary to remove the SAB from the CGSA of the
other system, unless a written consent from the licensee of the other
system allowing the SAB to remain is obtained. Cellular licensees may
enter into contracts with the licensees of other cellular systems on
the same channel block to allow SABs to overlap CGSAs.
(ii) Cellular licensees are at most entitled to have a CGSA free of
SABs from other cellular systems on the same channel block.
(e) Unserved areas. Unserved areas are areas outside of all
existing CGSAs (on either of the channel blocks), to which the
Communications Act of 1934, as amended, is applicable.
Sec. 22.912 Service area boundary extensions.
This section contains rules governing service area boundary (SAB)
extensions. SAB extensions are areas outside of the cellular market
boundary, but within the service area as calculated using the methods
of Sec. 22.911(a). Cellular systems must be designed to comply with the
rules in this section. Applications proposing systems that would not
comply with the rules in this section are defective. Service within SAB
extensions is not protected from interference or capture under
Sec. 22.911(d) unless and until the area within the SAB extension
becomes a part of the cellular geographic service area (CGSA) in
accordance with Sec. 22.911(c).
(a) De minimis extensions. Except as restricted in paragraph (d) of
this section, SABs may extend into adjacent cellular markets if such
extensions are de minimis, are demonstrably unavoidable for technical
reasons of sound engineering design, and do not extend into the CGSA of
any other licensee's cellular system on the same channel block (unless
the licensee of such other system consents to the extension) or into
any adjacent cellular market on a channel block for which the five year
build-out period has expired.
(b) Contract extensions. Except as restricted in paragraph (d) of
this section, licensees of cellular systems on the same channel block
in adjacent cellular markets may, at any time, enter into contracts
with applicants or other licensees to allow SAB extensions into their
CGSA only (not into unserved areas). Except as restricted in paragraph
(d) of this section, licensees of the first authorized cellular systems
on the same channel block in adjacent cellular markets may agree to
allow SAB extensions into their CGSA and/or unserved areas in their
cellular markets during the five year build-out period of the market
into which the SAB extends.
(c) Same applicant/licensee. Except as restricted in paragraph (d)
of this section, licensees of cellular systems that are also an
applicant or licensee on the same channel block in adjacent cellular
markets may, at any time, allow or propose SAB extensions from their
adjacent market system into their CGSH only (not into unserved areas).
Except as restricted in paragraph (d) of this section, licensees of the
first authorized cellular systems that are also an applicant or
licensee on the same channel block in adjacent cellular markets may
allow or propose SAB extensions from their adjacent market system into
their CGSA and/or unserved areas in their cellular markets during the
five year build-out period of the market into which the SAB extends.
(d) Unserved area systems. Phase I initial cellular applications
must not propose SAB extensions. Phase I sole major modification
applications and Phase II applications may propose SAB extensions,
subject to the conditions in this section.
Sec. 22.913 Effective radiated power limits.
The effective radiated power (ERP) of transmitters in the Cellular
Radiotelephone Service must not exceed the limits in this section.
(a) Maximum ERP. The effective radiated power (ERP) of base
transmitters and cellular repeaters must not exceed 500 Watts. The ERP
of mobile transmitters and auxiliary test transmitters must not exceed
7 Watts.
(b) Height-power limit. The ERP of base transmitters must not
exceed the amount that would result in an average distance to the
service area boundary of 79.1 kilometers (49 miles) for cellular
systems authorized to serve the Gulf of Mexico MSA and 40.2 kilometers
(25 miles) for all other cellular systems. The average distance to the
service area boundary is calculated by taking the arithmetic mean of
the distances determined using the procedures specified in Sec. 22.911
for the eight cardinal radial directions.
(c) Coordination exemption. Licensees need not comply with the
height-power limit in paragraph (b) of this section if the proposed
operation is coordinated with the licensees of all affected cellular
systems on the same channel block within 121 kilometers (75 miles) and
concurrence is obtained.
Sec. 22.915 Modulation requirements.
Cellular systems must be capable of providing service using the
types of modulation described in the cellular system compatibility
specification.
(a) Non-voice modulating signals. Modulating signals other than
voice signals, such as data signals, may be transmitted, provided the
resulting modulated emission exhibits spectral characteristics not
exceeding those resulting from voice modulation.
(b) Modulation levels. The levels of the modulating signals must be
set to the values specified in this paragraph, and must be maintained
within 10% of those values.
(1) The instantaneous frequency deviation resulting from the main
modulating signal must be 12 kHz.
(2) The instantaneous frequency deviation resulting from the
supervisory audio tones must be 2 kHz.
(3) The instantaneous frequency deviation resulting from the
signaling tone must be 8 kHz.
(4) The instantaneous frequency deviation resulting from wideband
data signals must be 8 kHz.
(c) Deviation limitation circuitry. Cellular transmitters must be
equipped with circuitry that automatically prevents modulation levels
for voice transmissions from exceeding the limits specified in this
section.
(d) Audio filter characteristics. Except as provided in
Sec. 22.917, radiotelephony signals applied to the modulator from the
modulation limiter must be attenuated as a function of frequency as
specified in this paragraph.
(1) For mobile stations, these signals must be attenuated, relative
to the level at 1 kHz, as follows:
(i) In the frequency ranges of 3.0 to 5.9 kHz and 6.1 to 15.0 kHz,
signals must be attenuated by at least 40 log (f3) dB, where f
is the frequency of the signal in kHz.
(ii) In the frequency range of 5.9 to 6.1 kHz, signals must be
attenuated at least 35 dB.
(iii) In the frequency range above 15 kHz, signals must be
attenuated at least 28 dB.
(2) For base stations, these signals shall be attenuated, relative
to the level at 1 kHz, as follows:
(i) In the frequency range of 3 to 15 kHz, signals must be
attenuated by at least 40 log (f3) dB, where f is the frequency
of the signal in kHz.
(ii) In the frequency range above 15 kHz, signals must be
attenuated by at least 28 dB.
(3) Filtering is not required for the supervisory audio tones,
signaling tones or wideband data signals.
Sec. 22.917 Emission limitations for cellular.
The rules in this section govern the spectral characteristics of
emissions in the Cellular Radiotelephone Service.
(a) Analog radiotelephony emissions. F3E emissions must be used
only on the communication channels.
(b) F3E/F3D emission mask for use with audio filter. For F3E and
F3D emissions, except as provided in paragraph (c) of this section, the
mean power of emissions must be attenuated below the mean power of the
unmodulated carrier wave (P) as follows:
(1) On any frequency removed from the carrier frequency by more
than 20 kHz but not more than 45 kHz:
at least 26 dB;
(2) On any frequency removed from the carrier frequency by more
than 45 kHz, up to the first multiple of the carrier frequency:
at least 60 dB or 43 + 10 log P dB, whichever is the lesser
attenuation.
(c) Alternative F3E/F3D emission mask. For F3E and F3D emissions,
transmitters may comply with the emission limitations in this paragraph
in lieu of compliance with paragraph (b) of this section and the audio
filter requirement of Sec. 22.915.
(1) The mean power of any emission removed from the carrier
frequency by a displacement frequency (fd in kHz) must be
attenuated below the mean power of the unmodulated carrier (P) as
follows:
(i) On any frequency removed from the carrier frequency by more
than 12 kHz but not more than 20 kHz:
at least 117 log (fd12) dB;
(ii) On any frequency removed from the carrier frequency by more
than 20 kHz, up to the first multiple of the carrier frequency:
at least 100 log (fd11) dB or 60 dB or 43 + 10 log P dB,
whichever is the lesser attenuation;
(2) For mobile stations, modulating signals other than the
supervisory audio tone in the frequency range of 5.9 to 6.1 kHz must be
attenuated, relative to the level at 1 kHz, at least 35 dB.
(d) F1D emission mask. For F1D emissions, the mean power of
emissions must be attenuated below the mean power of the unmodulated
carrier (P) as follows:
(1) On any frequency removed from the carrier frequency by more
than 20 kHz but not more than 45 kHz:
at least 26 dB;
(2) On any frequency removed from the carrier frequency by more
than 45 kHz but not more than 90 kHz:
at least 45 dB;
(3) On any frequency removed from the carrier frequency by more
than 90 kHz, up to the first multiple of the carrier frequency:
at least 60 dB or 43+10 log P dB, whichever is the lesser attenuation.
(e) Out of band emissions. The mean power of emissions must be
attenuated below the mean power of the unmodulated carrier (P) on any
frequency twice or more than twice the fundamental frequency by:
at least 43+10 log P dB.
(f) Mobile emissions in base frequency range. The mean power of any
emissions appearing in the base station frequency range from cellular
mobile transmitters operated must be attenuated to a level not to
exceed -80 dBm at the transmit antenna connector.
(g) Interference from spurious 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.
(h) Measurement procedure. The following spectrum analyzer
bandwidth settings should be used for measurement of spurious
emissions:
(1) When operating in the radiotelephony mode or the supervisory
audio tone mode:
(i) For any emission not more than 45 kHz removed from the carrier
frequency: 300 Hz;
(ii) For any emission more than 45 kHz removed from the carrier
frequency: 30 kHz.
(2) When operating in the wideband data mode or the signaling tone
mode:
(i) For any emission not more than 60 kHz removed from the carrier
frequency: 300 Hz;
(ii) For any emission more than 60 kHz removed from the carrier
frequency: 30 kHz.
Sec. 22.919 Electronic serial numbers.
The Electronic Serial Number (ESN) is a 32 bit binary number that
uniquely identifies a cellular mobile transmitter to any cellular
system.
(a) Each mobile transmitter in service must have a unique ESN.
(b) The ESN host component must be permanently attached to a main
circuit board of the mobile transmitter and the integrity of the unit's
operating software must not be alterable. The ESN must be isolated from
fraudulent contact and tampering. If the ESN host component does not
contain other information, that component must not be removable, and
its electrical connections must not be accessible. If the ESN host
component contains other information, the ESN must be encoded using one
or more of the following techniques:
(1) Multiplication or division by a polynomial;
(2) Cyclic coding;
(3) The spreading of ESN bits over various non-sequential memory
locations.
(c) The ESN must be factory set and must not be alterable,
transferable, removable or otherwise able to be manipulated. Cellular
mobile equipment must be designed such that any attempt to remove,
tamper with, or change the ESN chip, its logic system, or firmware
originally programmed by the manufacturer will render the mobile
transmitter inoperative.
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. 22.929 Application requirements for the Cellular Radiotelephone
Service.
In addition to information required by subparts B and D of this
part, applications for authorization in the Cellular Radiotelephone
Service must contain the applicable supplementary information described
in this section. Initial applications for new cellular systems must
also comply with Sec. 22.953.
(a) Administrative information. The following information is
required either by FCC Form 401, Schedule C, or as an exhibit.
(1) The number of transmitter sites for which authorization is
requested;
(2) The call sign(s) of other facilities in the same area that are
ultimately controlled by the real party in interest to the application;
(3) If the application involves a service area boundary (SAB)
extension (see Sec. 22.912), a statement as to whether the five year
build-out period for the system on the relevant channel block in the
market into which the SAB extends has elapsed, and whether the SAB
extends into any unserved area in that market.
(b) Technical information. The following information is required by
FCC Form 401, Schedule C.
(1) Location description; city; county; state; geographical
coordinates correct to 1 second, the datum used (NAD 27 and
NAD 83), site elevation above mean sea level, proximity to adjacent
market boundaries and international borders;
(2) Antenna manufacturer, model number and type, antenna height to
tip above ground level, the height of the center of radiation of the
antenna above the average terrain, the height of the antenna center of
radiation above the average elevation of the terrain along each of the
8 cardinal radials, antenna gain in the maximum lobe, the beamwidth of
the maximum lobe of the antenna, a polar plot of the horizontal gain
pattern of the antenna, the electric field polarization of the wave
emitted by the antenna when installed as proposed;
(3) The channel block requested, the maximum effective radiated
power, the effective radiated power in each of the cardinal radial
directions.
(c) Maps. If the application proposes a change in the CGSA, it must
include full size and reduced maps, and supporting engineering, as
described in Sec. 22.953(a)(5)(i) through (iii).
Sec. 22.933 Cellular system compatibility specification.
Except as provided in Sec. 22.901(d), equipment used in the
Cellular Radiotelephone Service must be designed in compliance with the
technical specifications for compatibility of mobile and base stations
in the Cellular Radiotelephone Service contained in ``Cellular System
Mobile Station-Land Station Compatibility Specification'' (April 1981
Ed.), Office of Engineering and Technology Bulletin No. 53. This
bulletin is contained in Appendix D to the Report and Order in CC
Docket No. 79-318, and was published in the Federal Register of May 21,
1981. Copies may be obtained from the FCC's copying contractor. Special
operational features that have been developed by joint industry
consensus through the Telecommunications Industry Association (TIA) and
established as a TIA standard may be activated at the option of the
cellular licensee, provided that the compatibility of equipment within
the Cellular Radiotelephone Service as specified in OET Bulletin No. 53
is not adversely affected.
Sec. 22.935 Procedures for comparative renewal proceedings.
The procedures in this section apply to comparative renewal
proceedings in the Cellular Radiotelephone Service.
(a) If one or more applications competing with an application for
renewal of a cellular authorization are filed, the renewal applicant
must file with the FCC an original and four copies of its renewal
expectancy showing. This filing must be submitted no later than 60 days
after the date of the Public Notice listing as acceptable for filing
the renewal application and the competing applications.
(b) Interested parties may file petitions to deny any of the
mutually exclusive applications. Any such petitions to deny must be
filed no later than 30 days after the date that the renewal applicant
submitted its renewal expectancy showing. Applicants may file replies
to any petitions to deny applications that are filed. Any such replies
must be filed no later than 15 days after the date that the petition(s)
to deny was filed. No further pleadings will be accepted.
(c) In most instances, the renewal application and any competing
applications will be designated for a two-step procedure. An
Administrative Law Judge (Presiding Judge) will conduct a threshold
hearing (step one), in which both the licensee and the competing
applicants will be parties, to determine whether the renewal applicant
deserves a renewal expectancy. If the order designating the
applications for hearing specifies any basic qualifying issues against
the licensee, those issues will be tried in this threshold hearing. If
the Presiding Judge determines that the renewal applicant is basically
qualified and due a renewal expectancy, the competing applicants will
be found ineligible for further consideration and their applications
will be denied. If the Presiding Judge determines that the renewal
applicant does not merit a renewal expectancy but is otherwise
qualified, then all of the applications will be considered in a
comparative hearing (step two).
(d) Any competing applicant may request a waiver of the threshold
hearing (step one), if such applicant demonstrates that its proposal so
far exceeds the service already being provided that there would be no
purpose in making a threshold determination as to whether the renewal
applicant deserved a renewal expectancy vis-a-vis such a competing
applicant. Any such waiver request must be filed at the time the
requestor's application is filed. Petitions opposing such waiver
requests may be filed. Any such petitions must be filed no later than
30 days after the date that the renewal applicant submitted its renewal
expectancy showing. Replies to any petitions opposing such waiver
requests may be filed. Any such replies must be filed no later than 15
days after the date that the petition(s) were filed. No further
pleadings will be accepted. Any waiver request submitted pursuant to
this paragraph will be acted upon prior to designating the applications
for hearing. If a request to waive the threshold hearing (step one) is
granted, the renewal expectancy issue will be designated as part of the
comparative hearing (step two), and will remain the most important
comparative factor in deciding the case, as provided in Sec. 22.940(a).
(e) If the Presiding Judge issues a ruling in the threshold (step
one) that denies the licensee a renewal expectancy, all of the
applicants involved in the proceeding will be allowed to file direct
cases no later than 90 days after the release date of the Presiding
Judge's ruling. Rebuttal cases must be filed no later than 30 days
after the date that the direct cases were filed.
(f) The Presiding Judge shall use the expedited hearing procedures
delineated in this paragraph in both threshold (step one) and
comparative (step two) hearings conducted in comparative cellular
renewal proceedings.
(1) The Presiding Judge will schedule a first hearing session as
soon as practicable after the date for filing rebuttal evidence. This
first session will be an evidentiary admission session at which each
applicant will identify and offer its previously circulated direct and
rebuttal exhibits, and each party will have an opportunity to lodge
objections.
(2) After accepting the exhibits into evidence, the Presiding Judge
will entertain motions to cross-examine and rule whether any sponsoring
witness needs to be produced for cross-examination.
Determination of what, if any, cross-examination is necessary is
within the sound judicial discretion of the Presiding Judge, the
prevailing standard being whether the person requesting cross-
examination has persuasively demonstrated that written evidence is
ineffectual to develop proof. If cross-examination is necessary, the
Presiding Judge will specify a date for the appearance of all
witnesses. In addition, if the designation order points out an area
where additional underlying data is needed, the Presiding Judge will
have the authority to permit the limited use of discovery procedures.
Finally, the Presiding Judge may find that certain additional testimony
or cross-examination is needed to provide a complete record for the
FCC. If so, the Presiding Judge may schedule a further session.
(3) After the hearing record is closed, the Presiding Judge may
request Proposed Findings of Fact and Conclusions of Law to be filed no
later than 30 days after the final hearing session. Replies are not
permitted except in unusual cases and then only with respect to the
specific issues named by the Presiding Judge.
(4) The Presiding Judge will then issue an Initial Decision,
preferably within 60 days of receipt of the last pleadings. If mutually
exclusive applications are before the Presiding Judge, the Presiding
Judge will determine which applicant is best qualified. The Presiding
Judge may also rank the applicants in order of merit if there are more
than two.
(5) Parties will have 30 days in which to file exceptions to the
Initial Decision. The Common Carrier Bureau has authority to determine,
at the time of designation for hearing, that such exceptions will be
taken directly to the FCC rather than to the Review Board.
Sec. 22.936 Dismissal of applications in cellular renewal proceedings.
Any applicant that has filed an application in the Cellular
Radiotelephone Service that is mutually exclusive with an application
for renewal of a cellular authorization (competing application), and
seeks to resolve the mutual exclusivity by requesting dismissal of its
application, must obtain the approval of the FCC.
(a) If a competing applicant seeks to dismiss its application prior
to the Initial Decision stage of the hearing on its application, it
must submit to the FCC a request for approval of the dismissal of its
application, a copy of any written agreement related to the withdrawal
or dismissal, and an affidavit setting forth:
(1) A certification that neither the petitioner nor its principals
has received or will receive any money or other consideration in excess
of legitimate and prudent expenses in exchange for the withdrawal or
dismissal of the application, except that this provision does not apply
to dismissal or withdrawal of applications pursuant to bona fide merger
agreements;
(2) The exact nature and amount of any consideration received or
promised;
(3) An itemized accounting of the expenses for which it seeks
reimbursement; and
(4) The terms of any oral agreement related to the withdrawal or
dismissal of the application.
(b) In addition, within 5 days of the filing date of the applicant
or petitioner's request for approval, each remaining party to any
written or oral agreement must submit an affidavit setting forth:
(1) A certification that neither the applicant nor its principals
has paid or will pay money or other consideration in excess of the
legitimate and prudent expenses of the petitioner in exchange for
withdrawing or dismissing the application; and
(2) The terms of any oral agreement relating to the withdrawal or
dismissal of the application.
(c) For the purposes of this section:
(1) Affidavits filed pursuant to this section must be executed by
the filing party, if an individual, a partner having personal knowledge
of the facts, if a partnership, or an officer having personal knowledge
of the facts, if a corporation or association.
(2) Applications are deemed to be pending before the FCC from the
time the application is filed with the FCC until such time as an order
of the FCC granting, denying or dismissing the application is no longer
subject to reconsideration by the FCC or to review by any court.
(3) ``Legitimate and prudent expenses'' are those expenses
reasonably incurred by a party in preparing to file, filing,
prosecuting and/or settling its application for which reimbursement is
sought.
(4) ``Other consideration'' consists of financial concessions,
including, but not limited to, the transfer of assets or the provision
of tangible pecuniary benefit, as well as non-financial concessions
that confer any type of benefit on the recipient.
Sec. 22.937 Demonstration of financial qualifications.
Except as provided in paragraphs (g) and (h) of this section, each
applicant for a new cellular system must demonstrate that it has, at
the time the application is filed, either a separate market-specific
firm financial commitment or available financial resources sufficient
to construct and operate for one year the proposed cellular system.
Each application of reassignment of license or consent to transfer of
control must demonstrate the financial ability of the proposed assignee
or transferee to acquire and operate the facilities.
(a) Estimated costs. The demonstration required by this section
must include a realistic and prudent estimate of the costs of
construction, operating and other initial expenses for one year.
(b) Source of financing. The firm financial commitment must be
obtained from a state or federally chartered bank or savings and loan
association, another recognized financial institution, or the financial
arm of a capital equipment supplier. The firm financial commitment may
be contingent upon the applicant's obtaining an authorization.
(c) Lender's statement. The firm financial commitment must contain
a statement that:
(1) The lender has examined the financial condition of the
applicant, including audited financial statements if applicable, and
has determined that the applicant is creditworthy;
(2) The lender has examined the financial viability of each
proposal for which the applicant intends to use the commitment;
(3) The lender is committed to providing a sum certain to the
particular applicant;
(4) The lender's willingness to enter into the commitment is based
solely on its relationship with the applicant; and,
(5) The commitment is not in any way guaranteed by any entity other
than the applicant.
(d) Showings of financial resources. Applicants relying upon
personal or internal financial resources must submit the following:
(1) Audited financial statements, certified within one year of the
date of the cellular application, that show the availability of
sufficient net current assets to construct and operate for one year the
proposed cellular system;
(2) A balance sheet current within 60 days of the date of filing
that shows the continued availability of sufficient net current assets
to construct and operate for one year the proposed cellular system;
and,
(3) A certification by the applicant or an officer of the applicant
organization attesting to the validity of the unaudited balance sheet.
(e) Parent corporation financing. Applicants relying upon financing
obtained from parent corporations must submit the showings listed in
paragraph (d) of this section as the information pertains to the parent
corporation.
(f) Notice upon default. In addition to the disclosures required by
paragraph (c) of this section, any loan or other credit arrangement
providing for a chattel mortgage or secured interest in any proposed
cellular system must include a provision for a minimum of ten (10) days
prior written notification to the licensee, and to the FCC, before any
such equipment may be repossessed under default provision of the
agreement.
(g) Competing applications in cellular renewal proceedings. Initial
cellular applications that are competing against a cellular renewal
application are subject to the rules in this paragraph instead of the
rules in paragraphs (a) through (f) of this section.
(1) Any applicant filing a competing application against a cellular
renewal application must demonstrate, at the time it files its
application, that it has either:
(i) A firm financial commitment, an irrevocable letter of credit or
performance bond in the amount of its realistic and prudent estimated
costs of construction and any other expenses to be incurred during the
first year of operating its proposed system (the irrevocable letter of
credit or performance bond must be from the type of financial
institution described in paragraph (g)(3) of this section); or,
(ii) Available resources, as defined in paragraph (g)(4) of this
section, necessary to construct and operate its proposed cellular
system for one year.
(2) The firm financial commitment may be contingent on the
applicant obtaining an authorization. The applicant must also list all
of its realistic and prudent estimated costs of construction and any
other expenses to be incurred during the first year of operating its
proposed system.
(3) The firm financial commitment required above shall be obtained
from a state or federally chartered bank or savings and loan
association, another recognized financial institution, or the financial
arm of a capital equipment supplier; shall specify the terms of the
loan or other form of credit arrangement, including the amount to be
borrowed, the interest to be paid, the amount of the commitment fee and
the fact that it has been paid, the terms of repayment and any
collateral required; and shall contain a statement:
(i) That the lender has examined the financial conditions of the
applicant, including audited financial statements where applicable, and
has determined that the applicant is creditworthy;
(ii) That the lender has examined the financial viability of the
proposal for which the applicant intends to use the commitment;
(iii) That the lender is committed to providing a sum certain to
the particular applicant;
(iv) That the lender's willingness to enter into the commitment is
based solely on its relationship with the applicant; and,
(v) That the commitment is not in any way guaranteed by an entity
other than the applicant.
(4) Applicants intended to rely on personal or internal resources
must submit:
(i) Audited financial statements certified within one year of the
date of the cellular application, indicating the availability of
sufficient net current assets to construct and operate the proposed
cellular system for one year;
(ii) A balance sheet current within 60 days of the date of filing
its application that clearly shows the continued availability of
sufficient net current assets to construct and operate the proposed
cellular system for one year; and,
(iii) A certification by the applicant or an officer of the
applicant organization attesting to the validity of the unaudited
balance sheet.
(5) Applicant intending to rely upon financing obtained through a
parent corporation must submit the information required by paragraph
(g)(4) of this section, as the information pertains to the parent
corporation.
(6) As an alternative to relying upon a firm financial commitment,
an irrevocable letter of credit, or a performance bond from a financial
institution as described in paragraph (g)(3) of this section, an
applicant may state that it has placed in an escrow account sufficient
cash to meet its construction and first-year operating expenses. Such a
statement must specify the amount of cash, the escrow account number
and the financial institution where the escrow account is located.
(7) Any competing application filed against the renewal application
of an incumbent cellular licensee that does not demonstrate, at the
time it is initially filed, that the competing applicant has sufficient
funds to construct and operate for one year its proposed cellular
system will be dismissed.
(h) Exemptions. Any licensee applying for an unserved area adjacent
to its existing cellular system, to integrate such area into the
existing system, is exempt from the financial demonstration
requirements of this section. In addition, modification applications
and pro forma assignment and transfer of control applications are
exempt from the financial demonstration requirements of this section.
Sec. 22.939 Site availability requirements for applications competing
with cellular renewal applications.
In addition to the other requirements set forth in this part for
initial cellular applications, any application competing against a
cellular renewal application must contain, when initially filed,
appropriate documentation demonstrating that its proposed antenna
site(s) will be available. Competing applications that do not include
such documentation will be dismissed. If the competing applicant does
not own a particular site, it must, at a minimum demonstrate that the
site is available to it by providing a letter from the owner of the
proposed antenna site expressing the owner's intent to sell or lease
the proposed site to the applicant. If any proposed antenna site is
under U.S. Government control, the applicant must submit written
confirmation of the site's availability from the appropriate Government
agency. Applicants which file competing applications against incumbent
cellular licensees may not rely on the assumption that an incumbent
licensee's antenna sites are available for their use.
Sec. 22.940 Criteria for comparative cellular renewal proceedings.
This section sets forth criteria to be used in comparative cellular
renewal proceedings. The ultimate issue in comparative renewal
proceedings will be to determine, in light of the evidence adduced in
the proceeding, what disposition of the applications would best serve
the public interest, convenience and necessity.
(a) Renewal expectancies. The most important comparative factor to
be considered in a comparative cellular renewal proceeding is a major
preference, commonly referred to as a ``renewal expectancy.''
(1) The cellular renewal applicant involved in a comparative
renewal proceeding will receive a renewal expectancy, if its past
record for the relevant license period demonstrates that:
(i) The renewal applicant has provided ``substantial'' service
during its past license term. ``Substantial'' service is defined as
service which is sound, favorable, and substantially above a level of
mediocre service which just might minimally warrant renewal; and
(ii) The renewal applicant has substantially compiled with
applicable FCC rules, policies and the Communications Act of 1934, as
amended.
(2) In order to establish its right to a renewal expectancy, a
cellular renewal applicant involved in a comparative renewal proceeding
must submit a showing explaining why it should receive a renewal
expectancy. At a minimum, this showing must include.
(i) A description of its current service in terms of geographic
coverage and population served, as well as the system's ability to
accommodate the needs of roamers;
(ii) An explanation of its record of expansion, including a
timetable of the construction of new cell sites to meet changes in
demand for cellular service;
(iii) A description of its investments in its cellular system; and
(iv) Copies of all FCC orders finding the licensee to have violated
the Communications Act or any FCC rule or policy; and a list of any
pending proceedings that relate to any matter described in this
paragraph.
(3) In making its showing of entitlement to a renewal expectancy, a
renewal applicant may claim credit for any system modification
applications that were pending on the date it filed its renewal
application. Such credit will not be allowed if the modification
application is dismissed or denied.
(b) Additional comparative issues. The following additional
comparative issues will be included in comparative cellular renewal
proceedings, if a full comparative hearing is conducted pursuant to
Sec. 22.935(c).
(1) To determine on a comparative basis the geographic areas and
population that each applicant proposes to serve; to determine and
compare the relative demand for the services proposed in said areas;
and to determine and compare the ability of each applicant's cellular
system to accommodate the anticipated demand for both local and roamer
service;
(2) To determine on a comparative basis each applicant's proposal
for expanding its system capacity in a coordinated manner in order to
meet anticipated increasing demand for both local and roamer service;
(3) To determine on a comparative basis the nature and extent of
the service proposed by each applicant, including each applicant's
proposed rates, charges, maintenance, personnel, practices,
classifications, regulations and facilities (including switching
capabilities); and
(4) To determine on a comparative basis each applicant's past
performance in the cellular industry or another business of comparable
type and size.
(c) Additional showings for competing applications. With respect to
evidence introduced pursuant to paragraph (b)(3) of this section, any
applicant filing a competing application against a cellular renewal
application (competing applicant) who claims a preference for offering
any service not currently offered by the incumbent licensee must
demonstrate that there is demand for that new service and also present
a business plan showing that the competing applicant can operate the
system economically. Any competing applicant who proposes to replace
analog technology with digital technology will receive no credit for
its proposal unless it submits a business plan showing how it will
operate its system economically and how it will provide more
comprehensive service than does the incumbent licensee with existing
and implemented cellular technology.
Sec. 22.941 System identification numbers.
System identification numbers (SIDs) are 15 bit binary numbers
assigned to cellular systems. SIDs are transmitted by the cellular
systems so that cellular mobile stations can determine whether the
system through which they are communicating is a system to which they
subscribe, or whether they are considered by the system to be roamers.
(a) The FCC assigns one SID to each cellular system on its initial
authorization. Cellular systems may transmit only their assigned SID(s)
and/or the SIDs assigned to other cellular systems. A cellular system
may transmit the SID assigned to another cellular system only if the
licensee of that system concurs with such use of its assigned SID.
(b) Licensees must notify the FCC (FCC Form 489) if their cellular
systems transmit SIDs assigned to other cellular systems. The
notification must indicate the concurrence of the licensee(s) of such
other systems with this use of their assigned SID(s). The notification
must be mailed or delivered to the filing place (see Sec. 22.106) no
later than 15 days after the system begins transmitting the SID(s).
(c) Licensees may request that an additional (previously
unassigned) SID be assigned to their system by filing an application
for minor modification of station (FCC Form 401).
Sec. 22.942 Limitations on interests in licensees for both channel
blocks in an area.
No person may have a direct or indirect ownership interest in
licensees for both channel blocks in overlapping cellular geographic
service areas (CGSAs), unless such interests pose no substantial threat
to competition. A licensee, a person that owns a controlling interest
in a licensee, or a person that actually controls a licensee for one
channel block in a CGSA must not have any direct or indirect ownership
interest in the licensee, a person that owns a controlling interest in
a licensee, or a person that actually controls a licensee for the other
channel block in an overlapping CGSA.
(a) A direct or indirect ownership interest of 5% or less in both
systems is automatically excluded from the general rule prohibiting
multiple ownership interests. Interests of less than 5% are considered
and are not excluded from the general rule prohibiting multiple
ownership interests in cases of persons or entities that own a small
percentage of the licensee but nonetheless actually control the
licensee, a person that owns a controlling interest in the licensee, or
a person that actually controls the licensee.
(b) Divestiture of interests as a result of a transfer of control
or assignment of authorization must occur prior to consummating the
transfer or assignment.
Sec. 22.943 Limitations on assignments and transfers of cellular
authorizations.
The following limitations apply to applications for consent to
transfer of control or assignment of authorizations in the Cellular
Radiotelephone Service.
(a) Trafficking. Applications for consent to transfer of control or
assignment of authorization in the Cellular Radiotelephone Service are
subject to the provisions of Sec. 22.139, except for:
(1) Applications reflecting the trading of an ownership interest in
an authorized but unconstructed cellular system in one market for a
commensurate interest in a cellular system in another market; and,
(2) Applications for consent to transfer of control or assignment
of a cellular authorization obtained by random selection, after
commencement of service.
(b) Unserved area systems. Except as otherwise provided in
paragraph (b)(2) of this section, the FCC does not accept applications
for consent to transfer of control or assignment of the authorization
of a cellular system licensed to serve an unserved area until the
system has provided service to subscribers for at least one year.
(1) Licensees must not enter into any agreement (e.g. option
agreement or management contract) to transfer control of the licensee
of the system until the system has provided service to subscribers for
one year.
(2) The FCC may accept that grant applications for consent to
transfer of control or for assignment of authorization if the transfer
or assignment is pro forma and does not involve a change in ownership.
(c) Systems authorized as result of comparative renewal proceeding.
Except as otherwise provided in paragraphs (c)(1), (c)(2) and (c)(3) of
this section, the FCC does not accept applications for consent to
transfer of control or for assignment of the authorization of a
cellular system that has been acquired by the current licensee for the
first time as a result of a comparative renewal proceeding until the
system has provided service to subscribers for at least three years.
(1) The FCC may accept and grant applications for consent to
transfer of control or for assignment of the authorization of a
cellular system that is to be transferred as a part of a bona fide sale
of an on-going business to which the cellular operation is incidental.
(2) The FCC may accept and grant applications for consent to
transfer of control or for assignment of the authorization of a
cellular system that is to be transferred as a result of the death of
the licensee.
(3) The FCC may accept and grant applications for consent to
transfer of control or for assignment of authorization if the transfer
or assignment is pro forma and does not involve a change in ownership.
Sec. 22.944 Transfers of interests in applications.
This section governs transfers of interest in applicants having a
pending application for a new cellular system. For the purposes of this
section, ``interest in an application'' means interest in the
applicant.
(a) Except as provided in paragraph (b) of this section, the
transfer of any interest in any application for initial authorization
to operate a cellular system is prohibited. For the purposes of this
section, transfer of interest means the sale, assignment, placement of
equity or convertible debt, grant of an option or future share or
participation in the applicant or any interest thereof.
(b) The following types of transfers of interest in cellular
applications are permitted:
(1) Transfers that are necessary to raise capital, including the
placement of debt or equity, to finance a bona fide business need of
the applicant or an affiliated company, not related to the cellular
application or financing of the cellular system proposed therein;
(2) Transfers that are part of a bona fide sale of an ongoing
business to which the cellular applications are merely adjunct or
incidental;
(3) Transfers required by a court-ordered decree granting a divorce
or enforcing a spousal separation agreement;
(4) Transfers necessitated by the death of the applicant;
(5) Transfers involving the routine trading of shares in a publicly
traded corporation that do not constitute a transfer of control of the
applicant;
(6) Transfers resulting from pro forma transfers of control of the
applicant, not involving changes in ownership;
(7) Transfers involving only the transfer of interest by one
existing partner in a partnership applicant to another existing partner
in that same partnership, or between existing shareholders in a
closely-held corporation, which does not effect a transfer of control
of the applicant;
(8) Transfers resulting from the alienation or exercise of stock
warrants or stock options that existed prior to the filing of the
application.
Sec. 22.945 Interests in multiple applications.
This section governs interests in applicants with mutually
exclusive applications for a new cellular system. For the purposes of
this section, ``interest in an application'' means interest in the
applicant.
(a) General. Except as otherwise provided in this section, parties
must not have any interest, direct or indirect, in more than one
application for authority to operate a new cellular system in the same
cellular market.
(b) Abutting CGSAs. Licensees of existing systems whose cellular
geographic service area (CGSA) abuts a proposed CGSA may each file one
application that is mutually exclusive with the applications of other
such licensees, even though they share common owners, provided that
such licensees do not thereby acquire a simultaneous interest in
applications for both channel blocks in any geographical area.
(c) Publicly traded corporate applicants. Parties must not have any
interest, direct or indirect, in more than one mutually exclusive
initial application for which the applicant is a publicly traded
corporation, except that ownership interests of less than 5% are not
considered. Ownership and other interests in applicants are attributed
to their holder and deemed cognizable as set forth below.
(1) Passive investors. Investment companies, as defined in 15
U.S.C. 80a-3, insurance companies and banks holding stock through their
trust departments in trust accounts are deemed to have a cognizable
interest in a publicly traded cellular applicant only if they hold 10%
or more of the stock of the applicant. This provision applies only if
an applicant in which such parties hold an interest certifies in its
application that no such party has exerted or attempted to exert any
influence or control over the officers of the applicant.
(2) Multiplier. Attribution of ownership interests in a publicly
traded cellular applicant that are held indirectly by any party through
one or more intervening corporations will be determined by successive
multiplication of the ownership percentages for each link in the
vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, except that wherever the ownership
percentage for any link in the chain exceeds 50 percent, it is not
included in the multiplication.
Sec. 22.946 Service commencement and construction periods for cellular
systems.
This section specifies the service commencement and construction
periods and related requirements for cellular systems.
(a) Commencement of service. New cellular systems must be at least
partially constructed and begin providing cellular service to
subscribers within the service commencement periods specified in Table
H-1 of this section. Service commencement periods begin on the date of
grant of the initial authorization, and are not extended by the grant
of subsequent authorizations for the cellular system (such as for major
modifications).
Table H-1.--Commencement of Service
------------------------------------------------------------------------
Required to
Type of cellular system commence service
within
------------------------------------------------------------------------
The first system authorized on each channel block in 36 months.
markets 1-90.
The first system authorized on each channel block in 18 months.
all other markets and any subsequent systems
authorized pursuant to contracts in partitioned
markets.
All other systems..................................... 12 months.
------------------------------------------------------------------------
(1) To satisfy the requirement of paragraph (a) of this section, a
cellular system must be interconnected with the public switched
telephone network (PSTN) and must be providing service to mobile
stations operated by its subscribers and roamers. A cellular system is
not considered to be providing service to subscribers if mobile
stations can not make telephone calls to landline telephones and
receive telephone calls from landline telephones through the PSTN, or
if the system intentionally serves only roamer stations.
(2) The licensee must notify the FCC (FCC Form 489) no later than
15 days after the requirements of paragraph (a) of this section are
met.
(b) Construction period for specific facilities. The construction
period applicable to specific new or modified cellular facilities for
which an authorization has been granted is one year from the date the
authorization is granted. Failure to comply with this requirement
results in termination of the authorization for the specific new or
modified facility, pursuant to Sec. 22.144(b).
Sec. 22.947 Five year build-out period.
The licensee of the first cellular system authorized on each
channel block in each cellular market is afforded a five year period,
beginning on the date the initial authorization for the system is
granted, during which it may expand the system within that market.
(a) Exclusive right to expand within market. Except as provided in
paragraph (b) of this section, the FCC does not accept applications for
authority to operate a new cellular system in any unserved area in a
market on a channel block during the five year build-out period.
(b) Partitioned markets. During the five year build-out period, the
licensee of the first cellular system on each channel block in each
market may enter into contracts with eligible parties, allowing such
parties to apply (FCC Form 401) for a new cellular system on that
channel block within the market. The FCC may grant such applications if
they are in compliance with the rules in this part. Markets with two or
more authorized cellular systems on the same channel block during the
five year build-out period are referred to (with respect to the
affected channel block) as ``partitioned markets''.
(1) Partitioning contracts must define the CGSA of the subsequent
cellular system in accordance with Sec. 22.911, including any expansion
rights ceded. If not exercised, any such expansion rights terminate at
the end of the five year build-out period.
(2) The five year build-out period begins on the date the initial
authorization for the first cellular system is granted, and is not
extended or affected in any way by the initial authorization of any
subsequent cellular systems pursuant to paragraph (b) of this section.
(c) System information update. Sixty days before the end of the
five year build-out period, the licensee of each cellular system
authorized on each channel block in each cellular market must file, in
triplicate, a system information update (SIU), comprising a full size
map, a reduced map, and an exhibit showing technical data relevant to
determination of the system's CGSA. Separate maps must be submitted for
each market into which the CGSA extends, showing the extension area in
the adjacent market. Maps showing extension areas must be labeled (i.e.
marked with the market number and channel block) for the market into
which the CGSA extends. SIUs must accurately depict the relevant cell
locations and coverage of the system at the end of the five year build-
out period. SIUs must be filed at the Mobile Services Division, Common
Carrier Bureau, Federal Communications Commission, Washington, DC
20554. If any changes to the system occur after the filing of the SIU,
but before the end of the five year build-out period, the licensee must
file, in triplicate, additional maps and/or data as necessary to insure
that the cell locations and coverage of the system as of the end of the
five year build-out period are accurately depicted.
(1) The scale of the full-size map must be 1:500,000, regardless of
whether any different scale is used for the reduced map. The map must
have a legend, a distance scale and correctly labeled latitude and
longitude lines. The map must be clear and legible. The map must
accurately show the cell sites (transmitting antenna locations) which
determine the CGSA, the entire CGSA, any extension of the composite
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant
portions of the cellular market boundary. The date on which the map
depictions are accurate must appear on the map.
(2) The reduced map must be a proportional reduction, to 8\1/
2\ x 11 inches, of the full-size map required in paragraph (c)(1) of
this section, unless it proves to be impractical to depict the entire
market by reducing the full-size map. In such instance, an 8\1/2\ x 11
inch map of a different scale may be substituted, provided that the
required features of the full-size map are clearly depicted and
labeled.
Sec. 22.949 Unserved area licensing process.
This section sets forth the process for licensing unserved areas in
cellular markets on channel blocks for which the five year build-out
period has expired. This process has two phases: Phase I and Phase II.
(a) Phase I. Phase I is a one-time process that provides an
opportunity for eligible parties to file competing applications for
authority to operate a new cellular system in or to expand an existing
cellular system into unserved areas (Phase I initial applications) as
soon as these areas become available. In addition, each licensee whose
Phase I initial application is granted is afforded one opportunity
during the Phase I process to file an application proposing major
modifications to the cellular system authorized by that grant (a Phase
I major modification application), without being subject to competing
applications.
(1) Phase I initial applications must be filed on the 31st day
after the expiration of the five year build-out period of the
authorized system(s) on the channel block requested in the market
containing the unserved area.
(i) Each Phase I application must request authorization for one and
only one cellular geographic service area (CGSA) in one and only one
cellular market.
(ii) Applicants must not file more than one Phase I initial
application for any cellular market.
(iii) Phase I initial applications must not propose any de minimis
or contract service area boundary (SAB) extensions.
(2) Only one Phase I initial application is granted on each channel
block in each market. Consequently, whenever two or more acceptable
Phase I initial applications are timely-filed in the same market on the
same channel block, such Phase I initial applications are mutually
exclusive, regardless of any other considerations such as the technical
proposals. In order to determine which of such mutually exclusive Phase
I initial applications to grant, the Commission administers random
selection procedures in accordance with part 1 of this chapter. After
such procedures, the application of the tentative selectee may be
granted and the applications excluded by that grant may be dismissed
without prejudice.
(3) Phase I major modification applications (applications filed
during Phase I that propose major modifications to cellular systems
authorized by the grant of Phase I initial applications) must be filed
no later than 90 days after the grant of the Phase I initial
application. Each Phase I licensee may file only one Phase I major
modification application. The FCC will not accept any competing
applications in response to a Phase I major modification application.
Phase I licensees may not sell to a third party any rights to apply for
unserved area.
(i) Phase I major modification applications may propose de minimis
or contract SAB extensions; provided that a contract SAB extension into
an adjacent market may be proposed only if, at the time the Phase I
major modification application is filed, the licensee in the adjacent
market (on the requested channel block) has the right to enter into
such a contract (see Sec. 22.912(c)).
(ii) Phase I major modification application may propose a CGSA that
is not contiguous with the authorized or proposed CGSA, provided that
the non-contiguous CGSA meets the minimum coverage requirement of
Sec. 22.951.
(4) Phase I licensees may also file applications for or
notifications of minor modifications to its system. However, such minor
modifications may not reduce the size of the CGSA below the minimum
coverage requirement of Sec. 22.951.
(b) Phase II. Phase II is an open-ended filing process that allows
eligible parties to apply for any unserved areas that may remain in a
market after the Phase I process is complete.
(1) If a Phase I initial application is granted for a market and
channel block, Phase II applications (applications for authority to
operate a cellular system in any remaining unserved area) for that
market and channel block may be filed on or after the 121st day after
the Phase I application was granted. If no Phase I initial applications
are granted for a market and channel block, Phase II applications for
that market and channel block may be filed on or after the 31st day
after the FCC dismissed the last pending Phase I application. If no
Phase I initial applications are received for a market and channel
block, Phase II applications for that market and channel block may be
filed on or after the 32nd day after the expiration of the relevant
five-year build-out period.
(2) There is no limit the number of Phase II applications that may
be granted on each channel block in each market. Consequently, Phase II
applications are mutually exclusive only if the proposed CGSAs would
overlap. Furthermore, only mutually exclusive Phase II applications
with the same filing date are entitled to inclusion in a random
selection process. Where all mutually exclusive Phase II applications
have different filing dates, the FCC may grant the earliest-filed
application and dismiss all applications excluded by that grant. For
the purposes of this section, the filing date of an application is the
date on which that application was received or the date on which the
most recently filed major amendment to that application was received.
(3) Phase II applications may propose a CGSA covering more than one
cellular market. Each Phase II application must request authorization
for one and only one CGSA. Phase II applications may propose de minimis
and contract SAB extensions.
(c) Settlements. Settlements among some, but not all, applicants
with mutually exclusive applications for unserved areas (partial
settlements) are prohibited. Settlements among all applicants with
mutually exclusive applications (full settlements) are allowed and must
be filed no later than 15 business days before the random selection
process is scheduled to take place.
(d) Limitations on amendments. Notwithstanding the provisions of
Sec. 22.122, Phase I applications are subject to the following
additional limitations in regard to the filing of amendments.
(1) The FCC will not accept amendments (of any type) to mutually
exclusive Phase I applications prior to the conclusion of the random
selection process.
(2) The FCC will not accept major amendments to Phase I
applications.
(3) Minor amendments required by Sec. 1.65 of this chapter must be
filed no later than 30 days after public notice announcing the results
of the random selection process.
Sec. 22.951 Minimum coverage requirement.
Applications for authority to operate a new cellular system in an
unserved area, other than those filed by the licensee of an existing
system that abuts the unserved area, must propose a contiguous cellular
geographical service area (CGSA) of at least 130 square kilometers (50
square miles). Area within contract SAB extensions counts toward the
minimum coverage requirement. However, area within de minimis SAB
extensions does not count toward the minimum coverage requirement.
Applications for authority to operate a new cellular system in an
unserved area, other than those filed by the licensee of an existing
system that abuts the unserved area, must not propose coverage of water
areas only (or water areas and uninhabited islands or reefs only),
except for unserved areas in the Gulf of Mexico MSA.
Sec. 22.953 Content and form of applications.
Applications for authority to operate a cellular system in an
unserved area must comply with the specifications in this section.
(a) New systems. Forms, pages and exhibits must be prepared exactly
as described and assembled in the order listed in this section.
(1) Application cover. The paper original of each application must
be enclosed in a stiff cover fastened securely along the left edge,
without exposed sharp edges.
(2) Transmittal sheet. The first page after the front cover of the
application must be the transmittal sheet.
(i) Copies of the required transmittal sheet may be obtained by
contacting the Consumer Assistance Office, Federal Communications
Commission, 1919 M Street NW, Washington, DC 20554.
(ii) On the transmittal sheet, the following information is
required: the name of the applicant, the channel block, and the market
number or numbers and the market name or names in which the proposed
CGSA is located. This information on the transmittal sheet must match
exactly the information on the jacket of the microfiche and the cover
of the application.
(iii) The transmittal sheet also contains a certification.
Applicants must certify to the following:
I hereby certify that this application for an authorization in
the Cellular Radiotelephone Service is complete in every respect and
contains all of the information required by FCC Form 401 and the
Federal Communications Commission's rules governing this service. I
acknowledge that, if upon examination by the FCC, this certification
is found to be incorrect, the FCC will dismiss this application
without further consideration.
I certify that I am the real party-in-interest in this
application and there are no agreements or understandings other than
those, if any, disclosed in this application, which provide that
someone other than the applicant has a direct or indirect interest
in the application. I also certify that the applicant intends to
construct and operate the station as proposed and that there are no
agreements or understandings that are inconsistent with that intent.
I declare, under penalty of perjury, that I am the authorized
representative of the above-named applicant in the matter of this
application, that I have read the foregoing certification, and that
the matter and things therein stated are true and correct.
(iv) The certification must be signed and dated in accordance with
the requirements of Sec. 1.743 of this chapter. The certification must
be signed in ink. Mechanical reproductions of the signature must not be
used. The name of and position held by the person signing must be typed
or clearly and legibly printed beneath the signature.
(3) Table of contents. The table of contents must list all of the
exhibits to the application.
(4) FCC Form 401. All information required for cellular
applications on FCC Form 401 must be supplied.
(5) Exhibits. The following exhibits must be set off by tabs and
numbered as follows:
(i) Exhibit I--full-size map. The scale of the full-size map must
be 1:500,000, regardless of whether any different scale is used for the
reduced map required in Exhibit II. The map must have a legend, a
distance scale and correctly labeled latitude and longitude lines. The
map must be clear and legible. The map must accurately show the cell
sites (transmitting antenna locations), the entire CGSA, any extension
of the composite service area boundary beyond the CGSA (see
Sec. 22.911) and the relevant portions of the cellular market boundary.
(ii) Exhibit II--reduced map. This map must be a proportional
reduction, to 8\1/2\ x 11 inches, of the full-size map required for
Exhibit I, unless it proves to be impractical to depict the entire
cellular market by reducing the full-size map. In such instance, an
8\1/2\ x 11 inch map of a different scale may be substituted,
provided that the required features of the full-size map are clearly
depicted and labeled.
(iii) Exhibit III--engineering. This exhibit must contain the data
and methodology used to calculate the CGSA and service area boundary.
(iv) Exhibit IV--channel plan. This exhibit must show which
specific channels (or groups) are to be used at each cell site. Any
necessary table for converting channel numbers to center frequencies
must be provided.
(v) Exhibit V--ownership information. This exhibit must contain the
information required by Sec. 22.108. Additionally, individual
applicants must disclose, in this exhibit, all interests (including
those less than 5%) in publicly traded corporation(s) that have
applications which are mutually exclusive with the individual's
application.
(vi) Exhibit VI--service proposal. This exhibit must describe the
services proposed for subscribers and roamers, including the proposed
method for handling complaints.
(vii) Exhibit VII--cellular design. This exhibit must show that the
proposed system design complies with cellular system design concepts,
and must describe the method proposed to expand the system in a
coordinated fashion as necessary to address changing demand for
cellular service.
(viii) Exhibit VIII--blocking level. This exhibit must disclose the
blocking probability or other criteria to be used to determine whether
it is necessary to take measures to increase system capacity to
maintain service quality.
(ix) Exhibit IX--start-up expenses. This exhibit must disclose in
detail the projected cost of construction and other initial expenses of
the proposed system, and how the applicant intends to meet these
expenses and the costs of operation for the first year.
(x) Exhibit X--interconnection arrangements. This exhibit is
required for applicants that provide public landline message telephone
service in any portion of the proposed CGSA. This exhibit must describe
exactly how the proposed system would interconnect with the landline
network. The description must be of sufficient detail to enable a
competitor to connect with the landline system in exactly the same
manner, if the competitor so chooses.
(b) Existing systems. Applications for changes to existing systems
need only contain the form required by paragraph (a)(4) of this section
and the exhibits required by paragraphs (a)(5)(i) through (iii) of this
section.
Sec. 22.955 Canadian condition.
Pursuant to an agreement between the FCC and the Department of
Communications in Canada, authorizations for cellular systems within 72
kilometers (45 miles) of the U.S.-Canadian border must have the
following condition attached:
This authorization is subject to the condition that, in the
event that cellular systems using the same channel block as granted
herein are authorized in adjacent territory in Canada, coordination
of any of your transmitter installations which are within 72
kilometers (45 miles) of the U.S.-Canadian border shall be required
to eliminate any harmful interference that might otherwise exist and
to insure continuance of equal access to the channel block by both
countries.
Sec. 22.957 Mexican condition.
Pursuant to an agreement between the United States and Mexico, FCC
authorizations for cellular systems within 72 kilometers (45 miles) of
the United States-Mexican border must have the following condition
attached:
This authorization is subject to the condition that, in the
event cellular systems using the same frequencies granted herein are
authorized in adjacent territory in Mexico, coordination of your
transmitter installations which are within 72 kilometers (45 miles)
of the United States-Mexico border shall be required to eliminate
any harmful interference that might otherwise exist and to ensure
continuance of equal access to the frequencies by both countries.
The operator of this system shall not contract with customers in
Mexico, and further, users of the system must be advised that
operation of a mobile unit in Mexico is not permitted at this time
without the express permission of the Mexican government. The above
conditions are subject to modification pending further notice from
the FCC.
Sec. 22.959 Rules governing processing of applications for initial
systems.
Pending applications for authority to operate the first cellular
system on a channel block in an MSA or RSA market continue to be
processed under the rules governing the processing of such applications
that were in effect when those applications were filed, unless the
Commission determines otherwise in a particular case.
Subpart I--Offshore Radiotelephone Service
Sec. 22.1001 Scope.
The rules in this subpart govern the licensing and operation of
offshore radiotelephone stations. The licensing and operation of these
stations and systems is also subject to rules elsewhere in this part
that apply generally to the public mobile services. However, in case of
conflict, the rules in this subpart govern.
Sec. 22.1003 Eligibility.
Offshore central station licenses may be licensed to communications
common carriers. Offshore subscriber stations may be licensed to common
carriers or users of the service.
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' on the East to longitude
W.94 deg.00' 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
------------------------------------------------------------------------
488.025 491.025
488.050 491.050
488.075 491.075
488.100 491.100
488.125 491.125
488.150 491.150
488.175 491.175
488.200 491.200
488.225 491.225
488.250 491.250
488.275 491.275
488.300 491.300
488.325 491.325
488.350 491.350
488.375 491.375
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
------------------------------------------------------------------------
488.425 491.425
488.450 491.450
488.475 491.475
488.500 491.500
488.525 491.525
488.550 491.550
488.575 491.575
488.600 491.600
488.625 491.625
488.650 491.650
488.675 491.675
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
------------------------------------------------------------------------
488.725 491.725
488.750 491.750
488.775 491.775
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
------------------------------------------------------------------------
488.825 491.825
488.850 491.850
488.875 491.875
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
------------------------------------------------------------------------
489.000 492.000
489.025 492.025
489.050 492.050
489.075 492.075
489.100 492.100
489.125 492.125
489.150 492.150
489.175 492.175
489.200 492.200
489.225 492.225
489.250 492.250
489.275 492.275
489.300 492.300
489.325 492.325
489.350 492.350
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
------------------------------------------------------------------------
489.400 492.400
489.425 492.425
489.450 492.450
489.475 492.475
489.500 492.500
489.525 492.525
489.550 492.550
489.575 492.575
489.600 492.600
489.625 492.625
489.650 492.650
489.675 492.675
489.700 492.700
489.725 492.725
489.750 492.750
489.775 492.775
489.800 492.800
489.825 492.825
489.850 492.850
489.875 492.875
489.900 492.900
489.925 492.925
489.950 492.950
489.975 492.975
490.000 493.000
------------------------------------------------------------------------
(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' on the East to longitude
W.95 deg.00' 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
------------------------------------------------------------------------
485.025 482.025
485.050 482.050
485.075 482.075
485.100 482.100
485.125 482.125
485.150 482.150
485.175 482.175
485.200 482.200
485.225 482.225
485.250 482.250
485.275 482.275
485.300 482.300
485.325 482.325
485.350 482.350
485.375 482.375
485.400 482.400
485.425 482.425
485.450 482.450
485.475 482.475
485.500 482.500
485.525 482.525
485.550 482.550
485.575 482.575
485.600 482.600
485.625 482.625
485.650 482.650
485.675 482.675
485.700 482.700
485.725 482.725
485.750 482.750
485.775 482.775
485.800 482.800
485.825 482.825
485.850 482.850
485.875 482.875
485.900 482.900
485.925 482.925
485.950 482.950
485.975 482.975
486.000 483.000
486.025 483.025
486.050 483.050
486.075 483.075
486.100 483.100
486.125 483.125
485.150 483.150
486.175 483.175
486.200 483.200
486.225 483.225
486.250 483.250
486.275 483.275
486.300 483.300
486.325 483.325
486.350 483.350
486.375 483.375
486.400 483.400
486.425 483.425
486.450 483.450
486.475 483.475
486.500 483.500
486.525 483.525
484.550 483.550
486.575 483.575
486.600 483.600
486.625 483.625
486.650 483.650
486.675 483.675
486.700 483.700
486.725 483.725
486.750 483.750
486.775 483.775
486.800 483.800
486.825 483.825
486.850 483.850
486.875 483.875
486.900 483.900
486.925 483.925
486.950 483.950
486.975 483.975
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' 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' on the South, and the limits of the outer
continental shelf on the Southeast.
(1) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for emergency auto alarm and
voice transmission pertaining to emergency conditions only.
------------------------------------------------------------------------
Central Subscriber
------------------------------------------------------------------------
476.950.................................................... 479.950
------------------------------------------------------------------------
(2) These channels may be assigned for use by offshore central
(base/fixed) or subscriber stations (fixed, temporary fixed, surface
and/or airborne mobile) as indicated, for voice-grade general
communications and private line service:
476.025 479.025
476.050 479.050
476.075 479.075
476.100 479.100
476.125 479.125
476.150 479.150
476.175 479.175
476.200 479.200
476.225 479.225
476.250 479.250
476.275 479.275
476.300 479.300
476.325 479.325
476.350 479.350
476.375 479.375
476.400 479.400
476.425 479.425
476.450 479.450
476.475 479.475
476.500 479.500
476.525 479.525
476.550 479.550
476.575 479.575
476.600 479.600
476.625 479.625
476.650 479.650
476.675 479.675
476.700 479.700
476.725 479.725
476.750 479.750
476.775 479.775
476.800 479.800
476.825 479.825
476.850 479.850
476.875 479.875
476.900 479.900
477.000 480.000
477.025 480.025
477.075 480.075
477.100 480.100
477.125 480.125
477.150 480.150
477.175 480.175
477.200 480.200
477.225 480.225
477.250 480.250
477.275 480.275
477.300 480.300
477.325 480.325
477.350 480.350
477.375 480.375
477.400 480.400
477.425 480.425
477.450 480.450
477.475 480.475
477.500 480.500
477.525 480.525
477.550 480.550
477.575 480.575
477.600 480.600
477.625 480.625
477.650 480.650
477.675 480.675
477.700 480.700
477.725 480.725
477.750 480.750
477.775 480.775
477.800 480.800
477.825 480.825
477.850 480.850
477.875 480.875
477.900 480.900
477.925 480.925
477.950 480.950
477.975 480.975
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 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
322 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.
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', 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.
[FR Doc. 94-27415 Filed 11-16-94; 8:45 am]
BILLING CODE 6712-01-M