Last updated on September 6th, 2024 at 10:33 pm
Title 47—Telecommunication–Volume 2
CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
SUBCHAPTER B—COMMON CARRIER SERVICES
PART 20—COMMERCIAL MOBILE SERVICES
§ 20.1 Purpose.
The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers.
§ 20.2 Other applicable rule parts.
Other FCC rule parts applicable to licensees in the commercial mobile radio services include the following:
(a) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission’s actions; provisions concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter, if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS.
(b) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization.
(c) Part 9. This part contains 911 and E911 requirements applicable to telecommunications carriers and commercial mobile radio service (CMRS) providers.
§ 20.3 Definitions.
Automatic Roaming. With automatic roaming, under a pre-existing contractual agreement between a subscriber’s home carrier and a host carrier, a roaming subscriber is able to originate or terminate a call in the host carrier’s service area without taking any special actions.
CIS Operator. An operator of a CIS at a correctional facility, whether a CIS solutions provider, or a DCFO or responsible party that deploys its own CIS at a correctional facility.
Commercial mobile data service. (1) Any mobile data service that is not interconnected with the public switched network and is:
(i) Provided for profit; and
(ii) Available to the public or to such classes of eligible users as to be effectively available to the public.
(2) Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary Terrestrial Component providers to the extent the services provided meet this definition.
Commercial mobile radio service. A mobile service that is:
(1)(i) Provided for profit, i.e., with the intent of receiving compensation or monetary gain;
(ii) An interconnected service; and
(iii) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or
(2) The functional equivalent of such a mobile service described in paragraph (1) of this definition, including a mobile broadband internet access service as defined in § 8.1 of this chapter.
(3) A variety of factors may be evaluated to make a determination whether the mobile service in question is the functional equivalent of a commercial mobile radio service, including: Consumer demand for the service to determine whether the service is closely substitutable for a commercial mobile radio service; whether changes in price for the service under examination, or for the comparable commercial mobile radio service, would prompt customers to change from one service to the other; and market research information identifying the targeted market for the service under review.
(4) Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of commercial mobile radio service.
Consumer Signal Booster. A bi-directional signal booster that is marketed and sold for use without modification.
Contraband Interdiction System. A Contraband Interdiction System (CIS) is any system comprised of one or more stations that is used only at a permanent correctional facility that is authorized to operate such systems pursuant to this part and that is designed exclusively to prevent transmissions to or from contraband wireless devices within the boundaries of the facility and/or to obtain identifying information from such contraband wireless devices.
Designated Correctional Facility Official. A Designated Correctional Facility Official (DCFO) is an official of the state, local, or Federal government responsible for administration and oversight of the relevant correctional facility where a contraband wireless device is located.
(1) In government-run correctional facilities, this definition requires the DCFO to be, at a minimum, the official with responsibility for oversight of the relevant facility (e.g., the warden) or higher ranking official.
(2) In privately-run correctional facilities, this definition requires the DCFO to be a government official with responsibility for oversight of the facility’s performance through contract.
Fixed Consumer Signal Booster. A Consumer Signal Booster designed to be operated in a fixed location in a building.
Host Carrier. For automatic roaming, the host carrier is a facilities-based CMRS carrier on whose system another carrier’s subscriber roams. A facilities-based CMRS carrier may, on behalf of its subscribers, request automatic roaming service from a host carrier.
Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer real-time, two-way voice service that is interconnected with the public switched network.
Industrial Signal Booster: All signal boosters other than Consumer Signal Boosters.
Interconnection or Interconnected. Direct or indirect connection through automatic or manual means (by wire, microwave, or other technologies such as store and forward) to permit the transmission or reception of messages or signals to or from points in the public switched network.
Interconnected service. A service:
(1) That is interconnected with the public switched network, or interconnected with the public switched network through an interconnected service provider, that gives subscribers the capability to communicate to or receive communication from other users on the public switched network; or
(2) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B). A mobile service offers interconnected service even if the service allows subscribers to access the public switched network only during specified hours of the day, or if the service provides general access to points on the public switched network but also restricts access in certain limited ways. Interconnected service does not include any interface between a licensee’s facilities and the public switched network exclusively for a licensee’s internal control purposes.
Managed Access System. A Managed Access System (MAS) is a Contraband Interdiction System whose operations require:
(1) One or more lease agreements with CMRS operators; and
(2) Real-time awareness of wireless provider spectrum use in the vicinity of the correctional facility where it is deployed.
Manual Roaming. With manual roaming, a subscriber must establish a relationship with the host carrier on whose system he or she wants to roam in order to make a call. Typically, the roaming subscriber accomplishes this in the course of attempting to originate a call by giving a valid credit card number to the carrier providing the roaming service.
Mobile Consumer Signal Booster. A Consumer Signal Booster designed to operate in a moving vehicle where both uplink and downlink transmitting antennas are at least 20 cm from the user or any other person.
Mobile Service. A radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:
(a) Both one-way and two-way radio communications services;
(b) A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and
(c) Any service for which a license is required in a personal communications service under part 24 of this chapter.
Non-individual. A non-individual is a partnership and each partner is eighteen years of age or older; a corporation; an association; a state, territorial, or local government unit; or a legal entity.
Private mobile radio service. A mobile service that meets neither the paragraph (a) nor paragraph (b) definitions of commercial mobile radio service set forth in this section. A mobile service that does not meet the paragraph (a) definition of commercial mobile radio service in this section is presumed to be a private mobile radio service. Private mobile radio service includes the following:
(a) Not-for-profit land mobile radio and paging services that serve the licensee’s internal communications needs as defined in part 90 of this chapter. Shared-use, cost-sharing, or cooperative arrangements, multiple licensed systems that use third party managers or users combining resources to meet compatible needs for specialized internal communications facilities in compliance with the safeguards of § 90.179 of this chapter are presumptively private mobile radio services;
(b) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service.
(c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring systems (part 90 of this chapter) that do not offer interconnected service or that are not-for-profit; and
(d) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio Services, and Citizens Band Radio Services); Maritime Service Stations (excluding Public Coast stations) (part 80 of this chapter); and Aviation Service Stations (part 87 of this chapter).
Provider-Specific Consumer Signal Boosters. Provider-Specific Consumer Signal Boosters may only operate on the frequencies and in the market areas of the specified licensee(s). Provider-Specific Consumer Signal Boosters may only be certificated and operated with the consent of the licensee(s) whose frequencies are being amplified by the device.
Public switched network. The network that includes any common carrier switched network, whether by wire or radio, including local exchange carriers, interexchange carriers, and mobile service providers, that uses the North American Numbering Plan, or public IP addresses, in connection with the provision of switched services.
Signal booster. A device that automatically receives, amplifies, and retransmits on a bi- or unidirectional basis, the signals received from base, fixed, mobile, or portable stations, with no change in frequency or authorized bandwidth.
Signal booster operator. The signal booster operator is the person or persons with control over the functioning of the signal booster, or the person or persons with the ability to deactivate it in the event of technical malfunctioning or harmful interference to a primary radio service.
Wideband Consumer Signal Boosters. Wideband Consumer Signal Boosters may operate on the frequencies and in the market areas of multiple licensees.
§ 20.5 Citizenship.
(a) This rule implements section 310 of the Communications Act, 47 U.S.C. 310, regarding the citizenship of licensees in the commercial mobile radio services. Commercial mobile radio service authorizations may not be granted to or held by:
(1) Any foreign government or any representative thereof;
(2) Any alien or the representative of any alien;
(3) Any corporation organized under the laws of any foreign government;
(4) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; or
(5) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license.
(b) The limits listed in paragraph (a) of this section may be exceeded by eligible individuals who held ownership interests on May 24, 1993, pursuant to the waiver provisions established in section 332(c)(6) of the Communications Act. Transfers of ownership to any other person in violation of paragraph (a) of this section are prohibited.
§ 20.6 CMRS spectrum aggregation limit.
(a) Spectrum limitation. No licensee in the broadband PCS, cellular, or SMR services (including all parties under common control) regulated as CMRS (see 47 CFR 20.9) shall have an attributable interest in a total of more than 55 MHz of licensed broadband PCS, cellular, and SMR spectrum regulated as CMRS with significant overlap in any geographic area.
(b) SMR spectrum. To calculate the amount of attributable SMR spectrum for purposes of paragraph (a) of this section, an entity must count all 800 MHz and 900 MHz channels located at any SMR base station inside the geographic area (MTA or BTA) where there is significant overlap. All 800 MHz channels located on at least one of those identified base stations count as 50 kHz (25 kHz paired), and all 900 MHz channels located on at least one of those identified base stations count as 25 kHz (12.5 kHz paired); provided that any discrete 800 or 900 MHz channel shall be counted only once per licensee within the geographic area, even if the licensee in question utilizes the same channel at more than one location within the relevant geographic area. No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when determining compliance with the cap.
(c) Significant overlap. (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in § 22.911 of this chapter) or SMR service area(s) occurs when at least 10 percent of the population of the PCS licensed service area for the counties contained therein, as determined by the latest available decennial census figures as complied by the Bureau of the Census, is within the CGSA(s) and/or SMR service area(s).
(2) The Commission shall presume that an SMR service area covers less than 10 percent of the population of a PCS service area if none of the base stations of the SMR licensee are located within the PCS service area. For an SMR licensee’s base stations that are located within a PCS service area, the channels licensed at those sites will be presumed to cover 10 percent of the population of the PCS service area, unless the licensee shows that its protected service contour for all of its base stations covers less than 10 percent of the population of the PCS service area.
(d) Ownership attribution. For purposes of paragraph (a) of this section, ownership and other interests in broadband PCS licensees, cellular licensees, or SMR licensees will be attributed to their holders pursuant to the following criteria:
(1) Controlling interest shall be attributable. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the licensee, in whatever manner exercised.
(2) Partnership and other ownership interests and any stock interest amounting to 20 percent or more of the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR licensee shall be attributed, except that ownership will not be attributed unless the partnership and other ownership interests and any stock interest amount to at least 40 percent of the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR licensee if the ownership interest is held by a small business or a rural telephone company, as these terms are defined in § 1.2110 of this chapter or other related provisions of the Commission’s rules, or if the ownership interest is held by an entity with a non-controlling equity interest in a broadband PCS licensee or applicant that is a small business.
(3) Investment companies, as defined in 15 U.S.C. 80a-3, insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have an attributable interest only if they hold 40 percent or more of the outstanding voting stock of a corporate broadband PCS, cellular or SMR licensee, or if any of the officers or directors of the broadband PCS, cellular or SMR licensee are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management.
(4) Non-voting stock shall be attributed as an interest in the issuing entity if in excess of the amounts set forth in paragraph (d)(2) of this section.
(5) Debt and instruments such as warrants, convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until converted, except that this provision does not apply in determining whether an entity is a small business, a rural telephone company, or a business owned by minorities and/or women, as these terms are defined in § 1.2110 of this chapter or other related provisions of the Commission’s rules.
(6) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses.
(7) Officers and directors of a broadband PCS licensee or applicant, cellular licensee, or SMR licensee shall be considered to have an attributable interest in the entity with which they are so associated. The officers and directors of an entity that controls a broadband PCS licensee or applicant, a cellular licensee, or an SMR licensee shall be considered to have an attributable interest in the broadband PCS licensee or applicant, cellular licensee, or SMR licensee.
(8) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A’s interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A’s interest in licensee C would be 20% because B’s ownership of C exceeds 50%.)
(9) Any person who manages the operations of a broadband PCS, cellular, or SMR licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(10) Any licensee or its affiliate who enters into a joint marketing arrangements with a broadband PCS, cellular, or SMR licensee, or its affiliate shall be considered to have an attributable interest, if such licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence,
(i) The nature or types of services offered by such licensee;
(ii) The terms upon which such services are offered; or
(iii) The prices charged for such services.
(e) Divestiture. (1) Divestiture of interests as a result of a transfer of control or assignment of authorization must occur prior to consummating the transfer or assignment, except that a licensee that meets the requirements set forth in paragraph (e)(2) of this section shall have 90 days from final grant to come into compliance with the spectrum aggregation limit.
(2) An applicant with:
(i) Controlling or attributable ownership interests in broadband PCS, cellular, and/or SMR licenses where the geographic license areas cover 20 percent or less of the applicant’s service area population;
(ii) Attributable interests in broadband PCS, cellular, and/or SMR licenses solely due to management agreements or joint marketing agreements; or
(iii) Non-controlling attributable interests in broadband PCS, cellular, and/or SMR licenses, regardless of the degree to which the geographic license areas cover the applicant’s service area population, shall be eligible to have its application granted subject to a condition that the licensee shall come into compliance with the spectrum limitation set out in paragraph (a) within ninety (90) days after final grant. For purposes of this paragraph, a “non-controlling attributable interest” is one in which the holder has less than a fifty (50) percent voting interest and there is an unaffiliated single holder of a fifty (50) percent or greater voting interest.
(3) The applicant for a license that, if granted, would exceed the spectrum aggregation limitation in paragraph (a) of this section shall certify on its application that it and all parties to the application will come into compliance with this limitation. If such an applicant is a successful bidder in an auction, it must submit with its long-form application a signed statement describing its efforts to date and future plans to come into compliance with the spectrum aggregation limitation. A similar statement must also be included with any application for assignment of licenses or transfer of control that, if granted, would exceed the spectrum aggregation limit.
(4)(i) Parties holding controlling interests in broadband PCS, cellular, and/or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee (see § 1.948 of this chapter; see also § 24.839 of this chapter (PCS)) by which, if granted, such parties no longer would have an attributable interest in the conflicting license. Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the license as it sees fit. Where parties to broadband PCS, cellular, or SMR applications hold less than controlling (but still attributable) interests in broadband PCS, cellular, or SMR licensee(s), they shall submit a certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section.
(ii) Applicants that meet the requirements of paragraph (e)(2) of this section must tender to the Commission within ninety (90) days of final grant of the initial license, such an assignment or transfer application or, in the case of less than controlling (but still attributable) interests, a written certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section. If no such transfer or assignment application or certification is tendered to the Commission within ninety (90) days of final grant of the initial license, the Commission may consider the certification and the divestiture statement to be material, bad faith misrepresentations and shall invoke the condition on the initial license or the assignment or transfer, cancelling or rescinding it automatically, shall retain all monies paid to the Commission, and, based on the facts presented, shall take any other action it may deem appropriate.
(f) Sunset. This rule section shall cease to be effective January 1, 2003.
For purposes of the ownership attribution limit, all ownership interests in operations that serve at least 10 percent of the population of the PCS service area should be included in determining the extent of a PCS applicant’s cellular or SMR ownership.
When a party owns an attributable interest in more than one cellular or SMR system that overlaps a PCS service area, the total population in the overlap area will apply on a cumulative basis.
Waivers of § 20.6(d) may be granted upon an affirmative showing:
(1) That the interest holder has less than a 50 percent voting interest in the licensee and there is an unaffiliated single holder of a 50 percent or greater voting interest;
(2) That the interest holder is not likely to affect the local market in an anticompetitive manner;
(3) That the interest holder is not involved in the operations of the licensee and does not have the ability to influence the licensee on a regular basis; and
(4) That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market.
§§ 20.7-20.9 [Reserved]
§ 20.11 Interconnection to facilities of local exchange carriers.
(a) A local exchange carrier must provide the type of interconnection reasonably requested by a mobile service licensee or carrier, within a reasonable time after the request, unless such interconnection is not technically feasible or economically reasonable. Complaints against carriers under section 208 of the Communications Act, 47 U.S.C. 208, alleging a violation of this section shall follow the requirements of §§ 1.711-1.734 of this chapter, 47 CFR 1.711-1.734.
(b) Local exchange carriers and commercial mobile radio service providers shall exchange Non-Access Telecommunications Traffic, as defined in § 51.701 of this chapter, under a bill-and-keep arrangement, as defined in § 51.713 of this chapter, unless they mutually agree otherwise.
(c) Local exchange carriers and commercial mobile radio service providers shall also comply with applicable provisions of part 51 of this chapter.
(d) Local exchange carriers may not impose compensation obligations for traffic not subject to access charges upon commercial mobile radio service providers pursuant to tariffs.
(e) An incumbent local exchange carrier may request interconnection from a commercial mobile radio service provider and invoke the negotiation and arbitration procedures contained in section 252 of the Act. A commercial mobile radio service provider receiving a request for interconnection must negotiate in good faith and must, if requested, submit to arbitration by the state commission.
§ 20.12 Resale and roaming.
(a)(1) Scope of manual roaming and resale. Paragraph (c) of this section is applicable to providers of Broadband Personal Communications Services (part 24, subpart E of this chapter), Cellular Radio Telephone Service (part 22, subpart H of this chapter), Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included in part 90, subpart S of this chapter), and 900 MHz Broadband Service (included in part 27, subpart P of this chapter) if such providers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the provider to re-use frequencies and accomplish seamless hand-offs of subscriber calls. The scope of paragraph (b) of this section, concerning the resale rule, is further limited so as to exclude from the requirements of that paragraph those Broadband Personal Communications Services C, D, E, and F block licensees that do not own and control and are not owned and controlled by firms also holding cellular A or B block licenses.
(2) Scope of automatic roaming. Paragraph (d) of this section is applicable to CMRS carriers if such carriers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the carrier to re-use frequencies and accomplish seamless hand-offs of subscriber calls. Paragraph (d) of this section is also applicable to the provision of push-to-talk and text-messaging service by CMRS carriers.
(3) Scope of offering roaming arrangements for commercial mobile data services. Paragraph (e) of this section is applicable to all facilities-based providers of commercial mobile data services.
(b) Resale. The resale rule is applicable as follows:
(1) Each carrier subject to paragraph (b) of this section shall not restrict the resale of its services, unless the carrier demonstrates that the restriction is reasonable.
(2) The resale requirement shall not apply to customer premises equipment, whether or not it is bundled with services subject to the resale requirement in this paragraph.
(3) This paragraph shall cease to be effective five years after the last group of initial licenses for broadband PCS spectrum in the 1850-1910 and the 1930-1990 MHz bands is awarded; i.e., at the close of November 24, 2002.
(c) Manual roaming. Each carrier subject to paragraph (a)(1) of this section must provide mobile radio service upon request to all subscribers in good standing to the services of any carrier subject to paragraph (a)(1) of this section, including roamers, while such subscribers are located within any portion of the licensee’s licensed service area where facilities have been constructed and service to subscribers has commenced, if such subscribers are using mobile equipment that is technically compatible with the licensee’s base stations.
(d) Automatic roaming. Upon a reasonable request, it shall be the duty of each host carrier subject to paragraph (a)(2) of this section to provide automatic roaming to any technologically compatible, facilities-based CMRS carrier on reasonable and not unreasonably discriminatory terms and conditions, pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202. The Commission shall presume that a request by a technologically compatible CMRS carrier for automatic roaming is reasonable pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202. This presumption may be rebutted on a case by case basis. The Commission will resolve automatic roaming disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in each case.
(e) Offering roaming arrangements for commercial mobile data services. (1) A facilities-based provider of commercial mobile data services is required to offer roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to the following limitations:
(i) Providers may negotiate the terms of their roaming arrangements on an individualized basis;
(ii) It is reasonable for a provider not to offer a data roaming arrangement to a requesting provider that is not technologically compatible;
(iii) It is reasonable for a provider not to offer a data roaming arrangement where it is not technically feasible to provide roaming for the particular data service for which roaming is requested and any changes to the host provider’s network necessary to accommodate roaming for such data service are not economically reasonable;
(iv) It is reasonable for a provider to condition the effectiveness of a roaming arrangement on the requesting provider’s provision of mobile data service to its own subscribers using a generation of wireless technology comparable to the technology on which the requesting provider seeks to roam.
(2) A party alleging a violation of this section may file a formal or informal complaint pursuant to the procedures in §§ 1.716 through 1.718, 1.720, 1.721, and 1.723 through 1.735 of this chapter, which sections are incorporated herein. For purposes of § 20.12(e), references to a “carrier” or “common carrier” in the formal and informal complaint procedures incorporated herein will mean a provider of commercial mobile data services. The Commission will resolve such disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in each case. The remedy of damages shall not be available in connection with any complaint alleging a violation of this section. Whether the appropriate procedural vehicle for a dispute is a complaint under this paragraph or a petition for declaratory ruling under § 1.2 of this chapter may vary depending on the circumstances of each case.
(a) States may petition for authority to regulate the intrastate rates of any commercial mobile radio service. The petition must include the following:
(1) Demonstrative evidence that market conditions in the state for commercial mobile radio services do not adequately protect subscribers to such services from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory. Alternatively, a state’s petition may include demonstrative evidence showing that market conditions for commercial mobile radio services do not protect subscribers adequately from unjust and unreasonable rates, or rates that are unjustly or unreasonably discriminatory, and that a substantial portion of the commercial mobile radio service subscribers in the state or a specified geographic area have no alternative means of obtaining basic telephone service. This showing may include evidence of the range of basic telephone service alternatives available to consumers in the state.
(2) The following is a non-exhaustive list of examples of the types of evidence, information, and analysis that may be considered pertinent to determine market conditions and consumer protection by the Commission in reviewing any petition filed by a state under this section:
(i) The number of commercial mobile radio service providers in the state, the types of services offered by commercial mobile radio service providers in the state, and the period of time that these providers have offered service in the state;
(ii) The number of customers of each commercial mobile radio service provider in the state; trends in each provider’s customer base during the most recent annual period or other data covering another reasonable period if annual data is unavailable; and annual revenues and rates of return for each commercial mobile radio service provider;
(iii) Rate information for each commercial mobile radio service provider, including trends in each provider’s rates during the most recent annual period or other data covering another reasonable period if annual data is unavailable;
(iv) An assessment of the extent to which services offered by the commercial mobile radio service providers the state proposes to regulate are substitutable for services offered by other carriers in the state;
(v) Opportunities for new providers to enter into the provision of competing services, and an analysis of any barriers to such entry;
(vi) Specific allegations of fact (supported by affidavit of person with personal knowledge) regarding anti-competitive or discriminatory practices or behavior by commercial mobile radio service providers in the state;
(vii) Evidence, information, and analysis demonstrating with particularity instances of systematic unjust and unreasonable rates, or rates that are unjust or unreasonably discriminatory, imposed upon commercial mobile radio service subscribers. Such evidence should include an examination of the relationship between rates and costs. Additionally, evidence of a pattern of such rates, that demonstrates the inability of the commercial mobile radio service marketplace in the state to produce reasonable rates through competitive forces will be considered especially probative; and
(viii) Information regarding customer satisfaction or dissatisfaction with services offered by commercial mobile radio service providers, including statistics and other information about complaints filed with the state regulatory commission.
(3) Petitions must include a certification that the state agency filing the petition is the duly authorized state agency responsible for the regulation of telecommunication services provided in the state.
(4) Petitions must identify and describe in detail the rules the state proposes to establish if the petition is granted.
(5) States have the burden of proof. Interested parties may file comments in support or in opposition to the petition within 30 days after public notice of the filing of a petition by a state under this section. Any interested party may file a reply within 15 days after the expiration of the filing period for comments. No additional pleadings may be filed. Except for § 1.45 of this chapter, practice and procedure rules contained in §§ 1.42-1.52 of this chapter shall apply. The provisions of §§ 1.771-1.773 of this chapter do not apply.
(6) The Commission shall act upon any petition filed by a state under this paragraph not later than the end of the nine-month period after the filing of the petition.
(7) If the Commission grants the petition, it shall authorize the state to regulate rates for commercial mobile radio services in the state during a reasonable period of time, as specified by the Commission. The period of time specified by the Commission will be that necessary to ensure that rates are just and reasonable, or not unjustly or unreasonably discriminatory.
(b) States that regulated rates for commercial mobile services as of June 1, 1993, may petition the Commission under this section before August 10, 1994, to extend this authority.
(1) The petition will be acted upon by the Commission in accordance with the provisions of paragraphs (a)(1) through (a)(5) of this section.
(2) The Commission shall act upon the petition (including any reconsideration) not later than the end of the 12-month period following the date of the filing of the petition by the state involved. Commercial mobile radio service providers offering such service in the state shall comply with the existing regulations of the state until the petition and any reconsideration of the petition are acted upon by the Commission.
(3) The provisions of paragraph (a)(7) of this section apply to any petition granted by the Commission under this paragraph.
(c) No sooner than 18 months from grant of authority by the Commission under this section for state rate regulations, any interested party may petition the Commission for an order to discontinue state authority for rate regulation.
(1) Petitions to discontinue state authority for rate regulation must be based on recent empirical data or other significant evidence demonstrating that the exercise of rate authority by a state is no longer necessary to ensure that the rates for commercial mobile are just and reasonable or not unjustly or unreasonably discriminatory.
(2) Any interested party may file comments in support of or in opposition to the petition within 30 days after public notice of the filing of the petition. Any interested party may file a reply within 15 days after the time for filing comments has expired. No additional pleadings may be filed. Except for 1.45 of this chapter, practice and procedure rules contained in § 1.42-1.52 of this chapter apply. The provisions of §§ 1.771-1.773 of this chapter do not apply.
(3) The Commission shall act upon any petition filed by any interested party under this paragraph within nine months after the filing of the petition.
§ 20.15 Requirements under Title II of the Communications Act.
(a) Commercial mobile radio services providers, to the extent applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 of this chapter, 47 CFR part 68; and §§ 1.701-1.748, and 1.815 of this chapter, 47 CFR 1.701-1.748, 1.815.
(b) Commercial mobile radio service providers are not required to:
(1) File with the Commission copies of contracts entered into with other carriers or comply with other reporting requirements, or with §§ 1.781 through 1.814 and 43.21 of this chapter; except that commercial radio service providers that are facilities-based providers of broadband service or facilities-based providers of mobile telephony service, as described in § 1.7001(b)(1) and (3) of this chapter, are required to file reports pursuant to §§ 1.7000-1.7002 of this chapter. For purposes of this section, mobile telephony is defined as real-time, two-way switched voice service that is interconnected with the public switched network utilizing an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls.
(2) Seek authority for interlocking directors (section 212 of the Communications Act);
(3) Submit applications for new facilities or discontinuance of existing facilities (section 214 of the Communications Act).
(c) Commercial mobile radio service providers shall not file tariffs for international and interstate service to their customers, interstate access service, or international and interstate operator service. Sections 1.771 through 1.773 and part 61 of this chapter are not applicable to international and interstate services provided by commercial mobile radio service providers. Commercial mobile radio service providers shall cancel tariffs for international and interstate service to their customers, interstate access service, and international and interstate operator service.
(d) Except as specified as in paragraphs (d)(1) and (2), nothing in this section shall be construed to modify the Commission’s rules and policies on the provision of international service under part 63 of this chapter.
(1) Notwithstanding the provisions of § 63.21(c) of this chapter, a commercial mobile radio service provider is not required to comply with § 42.10 of this chapter.
(2) A commercial mobile radio service (CMRS) provider that is classified as dominant under § 63.10 of this chapter due to an affiliation with a foreign carrier is required to comply with § 42.11 of this chapter if the affiliated foreign carrier collects settlement payments from U.S. carriers for terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to comply with § 42.11, however, if it provides service on the affiliated route solely through the resale of an unaffiliated facilities-based provider’s international switched services.
(3) For purposes of paragraphs (d)(1) and (2) of this section, affiliated and foreign carrier are defined in § 63.09 of this Chapter.
(e) For obligations of commercial mobile radio service providers to provide local number portability, see § 52.1 of this chapter.
§ 20.18 [Reserved]
§ 20.19 Hearing aid-compatible mobile handsets.
(a) Definitions. For purposes of this section:
2007 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 800 MHz and 3 GHz as set forth in ANSI C63.19-2007.
2011 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 698 MHz and 6 GHz as set forth in ANSI C63.19-2011.
2019 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 614 MHz and 6 GHz as set forth in ANSI C63.19-2019.
ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as a group.
Any version of the ANSI standard previous to the 2019 ANSI standard refers to the 2007 and 2011 ANSI standards.
Digital mobile service refers to a terrestrial mobile service that enables two-way real-time voice communications among members of the public or a substantial portion of the public, including both interconnected and non-interconnected voice over internet protocol (VoIP) services, to the extent that such service is provided over frequencies specified in the 2007 ANSI standard, 2011 ANSI standard or the 2019 ANSI standard.
Handset refers to a device used in delivery of digital mobile service in the United States that contains a built-in speaker and is typically held to the ear in any of its ordinary uses.
Manufacturer refers to a manufacturer of handsets that are used in delivery of digital mobile service, as defined in this section, in the United States.
Model refers to a wireless handset device that a manufacturer has designated as a distinct device model, consistent with its own marketing practices. However, if a manufacturer assigns different model device designations solely to distinguish units sold to different carriers, or to signify other distinctions that do not relate to either form, features, or capabilities, such designations shall not count as distinct models for purposes of this section.
Service provider refers to a provider of digital mobile service, as defined in this section, in the United States.
Tier I carrier refers to a CMRS provider that offers such service nationwide.
Volume control requirements refers to the technical standard established by ANSI/TIA-5050-2018.
(b) Hearing aid compatibility; technical standards—(1) Handset compatibility on or after June 5, 2023. In order to satisfy a manufacturer or service provider’s obligations under paragraphs (c) and (d) of this section, a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility on or after June 5, 2023 must meet the 2019 ANSI standard.
(2) Handset compatibility before June 5, 2023. In order to satisfy a manufacturer or service provider’s obligations under paragraphs (c) and (d) of this section, a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility before June 5, 2023 must meet either:
(i) At a minimum, the M3 and T3 ratings associated with the 2011 ANSI standard; or
(ii) The 2019 ANSI standard.
(3) Handsets operating over multiple frequency bands or air interfaces. (i) Beginning on June 5, 2023, a handset is hearing aid-compatible if it meets the 2019 ANSI standard for all frequency bands that are specified in the ANSI standard and all air interfaces over which it operates on those frequency bands, and the handset has been certified as compliant with the test requirements for the 2019 ANSI standard pursuant to § 2.1033(d) of this chapter.
(ii) Before June 5, 2023, a handset that uses only the frequencies specified in the 2011 ANSI standard is hearing aid-compatible with regard to radio frequency interference and inductive coupling if it meets the 2011 ANSI standard for all frequency bands and air interfaces over which it operates, and the handset has been certified as compliant with the test requirements for the 2011 ANSI standard pursuant to § 2.1033(d) of this chapter. Before June 5, 2023, a handset that incorporates operations outside the frequencies specified in the 2011 ANSI standard is hearing aid-compatible if the handset otherwise satisfies the requirements of this paragraph (b).
(4) Factual questions. All factual questions of whether a handset meets the technical standard(s) of this paragraph (b) shall be referred for resolution to the Chief, Office of Engineering and Technology, Federal Communications Commission, 45 L Street NE, Washington, DC 20554.
(5) Certification. A handset certified under any version of the ANSI standard previous to the 2019 ANSI standard remains hearing aid-compatible for purposes of this section.
(c) Phase-in of hearing aid-compatibility requirements. The following applies to each manufacturer and service provider that offers handsets used to deliver the services specified in paragraph (a) of this section and that does not fall within the de minimis exception set forth in paragraph (e) of this section.
(1) Manufacturers—Number of hearing aid-compatible handset models offered. For each digital air interface for which it offers handsets in the United States or imported for use in the United States, each manufacturer must offer hearing aid compatible handsets as follows:
(i) Beginning October 3, 2018, at least sixty-six (66) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this section.
(ii) Beginning October 4, 2021, at least eighty-five (85) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this section.
(2) Tier I carriers—Number of hearing aid-compatible handsets models offered. For each digital air interface for which it offers handsets to customers, each Tier I carrier must:
(i) Beginning April 3, 2019, ensure that at least sixty-six (66) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers nationwide.
(ii) Beginning April 4, 2022, ensure that at least eighty-five (85) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers nationwide.
(3) Service providers other than Tier I carriers—Number of hearing aid-compatible handsets models offered. For each digital air interface for which it offers handsets to customers, each service provider other than a Tier I carrier must:
(i) Beginning April 3, 2020, ensure that at least sixty-six (66) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers.
(ii) Beginning April 3, 2023, ensure that at least eighty-five (85) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers.
(4) In-store testing. All service providers must make available for consumers to test, in each retail store owned or operated by the service provider, all of its handset models that are hearing aid-compatible under paragraph (b) of this section.
(d) [Reserved]
(e) De minimis exception. (1)(i) Manufacturers or service providers that offer two or fewer handsets in an air interface in the United States are exempt from the requirements of this section in connection with that air interface, except with regard to the reporting and certification requirements in paragraph (i) of this section. Service providers that obtain handsets only from manufacturers that offer two or fewer handset models in an air interface in the United States are likewise exempt from the requirements of this section other than paragraph (i) of this section in connection with that air interface.
(ii) Notwithstanding paragraph (e)(1)(i) of this section, manufacturers that have had more than 750 employees for at least two years and service providers that have had more than 1500 employees for at least two years, and that have been offering handsets over an air interface for at least two years, that offer one or two handsets in that air interface in the United States must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer one or two handset models in an air interface in the United States, and that have had more than 750 employees for at least two years and have offered handsets over that air interface for at least two years, are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. For purposes of this paragraph (e)(1)(ii), employees of a parent, subsidiary, or affiliate company under common ownership or control with a manufacturer or service provider are considered employees of the manufacturer or service provider. Manufacturers and service providers covered by this paragraph (e)(1)(ii) must also comply with all other requirements of this section.
(2) Manufacturers or service providers that offer three handset models in an air interface must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer three handset models in an air interface in the United States are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section.
(3) Manufacturers that offer four or five handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface. Tier I carriers who offer four handset models in an air interface must offer at least two handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface and Tier I carriers who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers, other than Tier I carriers, who offer four handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface and service providers, other than Tier I carriers, who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface.
(f) Labeling and disclosure requirements for hearing aid-compatible handsets—(1) Package label. For all handset models certified to be hearing aid-compatible, manufacturers and service providers shall ensure that the handset’s package label states that the handset is hearing aid-compatible and the handset’s actual conversational gain with and without a hearing aid if certified using a technical standard with volume control requirements. The actual conversational gain displayed for use with a hearing aid shall be the lowest rating assigned to the handset for any covered air interface or frequency band.
(2) Package insert or handset manual. For all handset models certified to be hearing aid-compatible, manufacturers and service providers shall disclose to consumers through the use of a package insert or in the handset’s user manual:
(i) That the handset is hearing aid-compatible;
(ii) The ANSI standard used to determine the hearing aid compatibility of the handset model’s air interfaces and frequency bands;
(iii) If using the 2011 ANSI standard or an earlier version of the standard, the lowest hearing aid compatibility rating assigned to any of the covered air interfaces or frequency bands;
(iv) The air interfaces or frequency bands on the handset that are not certified to be hearing aid-compatible, if applicable, or have been determined to be hearing aid-compatible under special testing circumstances;
(v) Any handset model certified to be hearing aid-compatible for some but not all of the air interfaces or frequency bands covered by the model must include the following disclosure language:
This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.
(vi) An explanation of the ANSI rating system, which includes an explanation that the 2019 ANSI standard does not use the rating system that older versions of the standard used;
(vii) An explanation of a handset model’s volume control capabilities, including its conversational gain both with and without hearing aids, if the handset is certified using a technical standard that includes volume control requirements; and
(viii) An explanation of special testing circumstances, if a handset model has air interfaces that have been certified as hearing aid-compatible under such circumstances, and how these circumstances affect the use and operation of the handset.
(g) Model designation requirements. Where a manufacturer has made physical changes to a handset that result in a change in the hearing aid compatibility rating under the 2011 ANSI standard or an earlier version of the standard, the altered handset must be given a model designation distinct from that of the handset prior to its alteration.
(h) Website and record retention requirements. (1) Each manufacturer and service provider that operates a publicly-accessible website must make available on its website a list of all hearing aid-compatible models currently offered, the ANSI standard used to evaluate hearing aid compatibility, the ratings of those models under the relevant ANSI standard, if applicable, and an explanation of the rating system. Each service provider must also include on its website: A list of all non-hearing aid-compatible models currently offered, as well as a link to the current FCC web page containing information about the wireless hearing aid compatibility rules and service providers’ obligations. Each service provider must also include the marketing model name/number(s) and FCC ID number of each hearing aid-compatible and non-hearing aid-compatible model currently offered.
(2) Service providers must maintain on their website either:
(i) A link to a third-party website as designated by the Commission or Wireless Telecommunications Bureau with information regarding hearing aid-compatible and non-hearing aid-compatible handset models; or
(ii) A clearly marked list of hearing aid-compatible handset models that are no longer offered if the calendar month/year that model was last offered is within 24 months of the current calendar month/year along with the information listed in paragraph (h)(1) of this section for each hearing aid-compatible handset.
(3) If the Wireless Telecommunications Bureau determines that the third-party website has been eliminated or is not updated in a timely manner, it may select another website or require service providers to comply with paragraph (h)(2)(ii) of this section.
(4) The information on the website must be updated within 30 days of any relevant changes, and any website pages containing information so updated must indicate the day on which the update occurred.
(5) Service providers must maintain internal records including the ratings, if applicable, of all hearing aid-compatible and non-hearing aid-compatible models no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year); for models no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year), the calendar months and years each hearing aid-compatible and non-hearing aid-compatible model was first and last offered; and the marketing model name/number(s) and FCC ID number of each hearing aid-compatible and non-hearing aid-compatible model no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year).
(i) Reporting requirements—(1) Reporting and certification dates. Service providers shall submit Form 855 certifications on their compliance with the requirements of this section by January 31 of each year. Manufacturers shall submit Form 655 reports on their compliance with the requirements of this section by July 31 of each year. Information in each certification and report must be up-to-date as of the last day of the calendar month preceding the due date of each certification and report.
(2) Content of service provider certifications. Certifications filed by service providers must include:
(i) The name of the signing executive and contact information;
(ii) The company(ies) covered by the certification;
(iii) The FCC Registration Number (FRN);
(iv) If the service provider is subject to paragraph (h) of this section, the website address of the page(s) containing the required information regarding handset models;
(v) The percentage of handsets offered that are hearing aid-compatible (providers will derive this percentage by determining the number of hearing aid-compatible handsets offered across all air interfaces during the year divided by the total number of handsets offered during the year); and
(vi) The following language:
I am a knowledgeable executive [of company x] regarding compliance with the Federal Communications Commission’s wireless hearing aid compatibility requirements at a wireless service provider covered by those requirements.
I certify that the provider was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable time period with the Commission’s wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements.
The company represents and warrants, and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17, which requires truthful and accurate statements to the Commission. The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U.S. Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act.
(vii) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement.
(3) Content of manufacturer reports. Reports filed by manufacturers must include:
(i) Handset models tested, since the most recent report, for compliance with the applicable hearing aid compatibility technical ratings, if applicable;
(ii) Compliant handset models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number;
(iii) For each compliant model, the air interface(s) and frequency band(s) over which it operates, the hearing aid compatibility ratings for each frequency band and air interface under the ANSI standard (if applicable), the ANSI standard version used, and the months in which the model was available to service providers since the most recent report;
(iv) Non-compliant models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number;
(v) For each non-compliant model, the air interface(s) over which it operates and the months in which the model was available to service providers since the most recent report;
(vi) Total numbers of compliant and non-compliant models offered to service providers for each air interface as of the time of the report;
(vii) Any instance, as of the date of the report or since the most recent report, in which multiple compliant or non-compliant devices were marketed under separate model name/numbers but constitute a single model for purposes of the hearing aid compatibility rules, identifying each device by marketing model name/number and FCC ID number;
(viii) Status of product labeling;
(ix) Outreach efforts; and
(x) If the manufacturer maintains a public website, the website address of the page(s) containing the information regarding hearing aid-compatible handset models required by paragraph (h) of this section.
(4) Format. The Wireless Telecommunications Bureau is delegated authority to approve or prescribe forms, formats, and methods for submission of the reports and certifications in addition to or instead of those required by this section. Any format that the Bureau may approve or prescribe shall be made available on the Bureau’s website.
(j) Enforcement. Enforcement of this section is hereby delegated to those states that adopt this section and provide for enforcement. The procedures followed by a state to enforce this section shall provide a 30-day period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on an informal basis. If a state has not adopted or incorporated this section, or failed to act within six (6) months from the filing of a complaint with the state public utility commission, the Commission will accept such complaints. A written notification to the complainant that the state believes action is unwarranted is not a failure to act. The procedures set forth in part 68, subpart E of this chapter are to be followed.
(k) Delegation of rulemaking authority. (1) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority to issue, consistent with any applicable requirements of 5 U.S.C. 553, an order amending this section to the extent necessary to adopt technical standards for additional frequency bands and/or air interfaces upon the establishment of such standards by ANSI Accredited Standards Committee C63®, provided that the standards do not impose with respect to such frequency bands or air interfaces materially greater obligations than those imposed on other services subject to this section. Any new obligations on manufacturers and Tier I carriers pursuant to paragraphs (c) through (i) of this section as a result of such standards shall become effective no less than one year after release of the order adopting such standards and any new obligations on other service providers shall become effective no less than 15 months after the release of such order, except that any new obligations on manufacturers and service providers subject to paragraph (e)(1)(ii) of this section shall become effective no less than two years after the release of such order.
(2) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending this section to the extent necessary to approve any version of the technical standards for radio frequency interference, inductive coupling, or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a wireless handset meets the appropriate rating over frequency bands and air interfaces for which technical standards have previously been adopted either by the Commission or pursuant to paragraph (k)(1) of this section. This delegation is limited to the approval of changes to the technical standards that do not raise major compliance issues. Further, by such approvals, the Chiefs may only permit, and not require, the use of such subsequent versions of the technical standards to establish hearing aid compatibility.
(l) Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Federal Communications Commission (FCC) and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission’s Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be obtained from the following sources in this paragraph (l):
(1) IEEE Standards Association (IEEE-SA), 445 Hoes Lane, Piscataway, NJ 08854-4141, (732) 981-0060, [email protected], https://standards.ieee.org/.
(i) ANSI C63.19-2007, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved June 8, 2007.
(ii) ANSI C63.19-2011, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved May 27, 2011.
(iii) ANSI C63.19-2019, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved August 19, 2019.
(2) Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (703) 907-7700, [email protected], https://global.ihs.com/csf_home.cfm?&csf=TIA.
(i) ANSI/TIA-5050-2018, Telecommunications—Communications Products—Receive Volume Control Requirements for Wireless (Mobile) Devices, approved January 17, 2018.
(ii) [Reserved]
§ 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers.
(a) Separate affiliate. An incumbent LEC providing in-region broadband CMRS shall provide such services through an affiliate that satisfies the following requirements:
(1) The affiliate shall maintain separate books of account from its affiliated incumbent LEC. Nothing in this section requires the affiliate to maintain separate books of account that comply with part 32 of this chapter;
(2) The affiliate shall not jointly own transmission or switching facilities with its affiliated incumbent LEC that the affiliated incumbent LEC uses for the provision of local exchange service in the same in-region market. Nothing in this section prohibits the affiliate from sharing personnel or other resources or assets with its affiliated incumbent LEC; and
(3) The affiliate shall acquire any services from its affiliated incumbent LEC for which the affiliated incumbent LEC is required to file a tariff at tariffed rates, terms, and conditions. Other transactions between the affiliate and the incumbent LEC for services that are not acquired pursuant to tariff must be reduced to writing and must be made on a compensatory, arm’s length basis. All transactions between the incumbent LEC and the affiliate are subject to part 32 of this chapter, including the affiliate transaction rules. Nothing in this section shall prohibit the affiliate from acquiring any unbundled network elements or exchange services for the provision of a telecommunications service from its affiliated incumbent LEC, subject to the same terms and conditions as provided in an agreement approved under section 252 of the Communications Act of 1934, as amended.
(b) Independence. The affiliate required in paragraph (a) of this section shall be a separate legal entity from its affiliated incumbent LEC. The affiliate may be staffed by personnel of its affiliated incumbent LEC, housed in existing offices of its affiliated incumbent LEC, and use its affiliated incumbent LEC’s marketing and other services, subject to paragraphs (a)(3) and (c) of this section.
(c) Joint marketing. Joint marketing of local exchange and exchange access service and CMRS services by an incumbent LEC shall be subject to part 32 of this chapter. In addition, such agreements between the affiliate and the incumbent LEC must be reduced to writing and made available for public inspection upon request at the principle place of business of the affiliate and the incumbent LEC. The documentation must include a certification statement identical to the certification statement currently required to be included with all Automated Reporting and Management Information Systems (ARMIS) reports. The affiliate must also provide a detailed written description of the terms and conditions of the transaction on the Internet within 10 days of the transaction through the affiliate’s home page.
(d) Exceptions—(1) Rural telephone companies. Rural telephone companies are exempted from the requirements set forth in paragraphs (a), (b) and (c) of this section. A competing telecommunications carrier, interconnected with the rural telephone company, however, may petition the FCC to remove the exemption, or the FCC may do so on its own motion, where the rural telephone company has engaged in anticompetitive conduct.
(2) Incumbent LECs with fewer than 2 percent of subscriber lines. Incumbent LECs with fewer than 2 percent of the nation’s subscriber lines installed in the aggregate nationwide may petition the FCC for suspension or modification of the requirements set forth in paragraphs (a), (b) and (c) of this section. The FCC will grant such a petition where the incumbent LEC demonstrates that suspension or modification of the separate affiliate requirement is
(i) Necessary to avoid a significant adverse economic impact on users of telecommunications services generally or to avoid a requirement that would be unduly economically burdensome, and
(ii) Consistent with the public interest, convenience, and necessity.
(e) Definitions. Terms used in this section have the following meanings:
Affiliate. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with, another person. For purposes of this section, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent.
Broadband Commercial Mobile Radio Service (Broadband CMRS). For the purposes of this section, “broadband CMRS” means Cellular Radiotelephone Service (part 22, subpart H of this chapter), Specialized Mobile Radio (part 90, subpart S of this chapter), and broadband Personal Communications Services (part 24, subpart E of this chapter).
Incumbent Local Exchange Carrier (Incumbent LEC). “Incumbent LEC” has the same meaning as that term is defined in § 51.5 of this chapter.
In-region. For the purposes of this section, an incumbent LEC’s broadband CMRS service is considered “in-region” when 10 percent or more of the population covered by the CMRS affiliate’s authorized service area, as determined by the 1990 census figures, is within the affiliated incumbent LEC’s wireline service area.
Rural Telephone Company. “Rural Telephone Company” has the same meaning as that term is defined in § 51.5 of this chapter.
(f) Sunset. This section will no longer be effective after January 1, 2002.
§ 20.21 Signal boosters.
(a) Operation of Consumer Signal Boosters. A subscriber in good standing of a commercial mobile radio service system may operate a Consumer Signal Booster under the authorization held by the licensee providing service to the subscriber provided that the subscriber complies with paragraphs (a)(1) through (7) of this section. Failure to comply with all applicable rules in this section and all applicable technical rules for the frequency band(s) of operation voids the authority to operate the Consumer Signal Booster.
(1) Prior to operation, the subscriber obtains the consent of the licensee providing service to the subscriber;
(2) Prior to operation, the subscriber registers the Consumer Signal Booster with the licensee providing service to the subscriber;
(3) The subscriber only operates the Consumer Signal Booster with approved antennas, cables, and/or coupling devices as specified by the manufacturer of the Consumer Signal Booster;
(4) The subscriber operates the Consumer Signal Booster on frequencies used for the provision of subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. Operation on part 90 (Specialized Mobile Radio) frequencies is permitted upon the Commission’s release of a public notice announcing the date Consumer Signal Boosters may be used in the band;
(5) The Consumer Signal Booster complies with paragraphs (e), (f), (g), and (h) of this section and § 2.907 of this chapter;
(6) The subscriber may not deactivate any features of the Consumer Signal Booster which are designed to prevent harmful interference to wireless networks. These features must be enabled and operating at all times the signal booster is in use; and
(7) If operating a Wideband Consumer Signal Booster, the subscriber operates it only for personal use.
(b) De minimis operation of Consumer Signal Boosters. A third party’s incidental use of a subscriber’s Consumer Signal Booster operated under this paragraph is de minimis and shall be authorized under the authorization held by the licensee providing service to the third party.
(c) Operation of Industrial Signal Boosters. An individual or non-individual, other than a representative of a foreign government, may operate an Industrial Signal Booster provided that the individual or non-individual:
(1) Has an FCC license or obtains the express consent of the licensee(s) whose frequencies are being retransmitted by the device on a regular basis, and
(2) Uses an Industrial Signal Booster which complies with paragraph (f) of this section.
(d) Operation on a secondary, non-interference basis. Operation of signal boosters under this section is on a secondary, non-interference basis to primary services licensed for the frequency bands on which they transmit, and to primary services licensed for the adjacent frequency bands that might be affected by their transmissions.
(1) The operation of signal boosters must not cause harmful interference to the communications of any primary licensed service.
(2) Upon request of an FCC representative or a licensee experiencing harmful interference, a signal booster operator must:
(i) Cooperate in determining the source of the interference, and
(ii) If necessary, deactivate the signal booster immediately, or as soon as practicable, if immediate deactivation is not possible.
(e) Consumer Signal Booster Network Protection Standard. (1) All Consumer Signal Boosters must incorporate features to prevent harmful interference to wireless networks including but not limited to those enumerated in this section.
(2) Certification requirements. (i) A Consumer Signal Booster can only be certificated and operated if it complies with all applicable rules in this subpart and all applicable technical rules for the frequency band(s) of operation including, but not limited to: § 22.355 of this chapter, Public Mobile Services, frequency tolerance; § 22.913 of this chapter, Cellular Radiotelephone Service effective radiated power limits; § 22.917 of this chapter, Cellular Radiotelephone Service, emission limitations for cellular equipment; § 24.232 of this chapter, Broadband Personal Communications Service, power and antenna height limits; § 24.238 of this chapter, Broadband Personal Communications Service, emission limitations for Broadband PCS equipment; § 27.50 of this chapter, Miscellaneous Wireless Communications Services, power and antenna height limits; § 27.53 of this chapter, Miscellaneous Wireless Communications Services, emission limits; § 90.205 of this chapter, Private Land Mobile Radio Services, power and antenna height limits; § 90.210 of this chapter, Private Land Mobile Radio Services, emission masks; and § 90.247 of this chapter, Private Land Mobile Radio Services, mobile repeater stations.
(ii) In case of any conflict between the rules set forth in this section and the rules set forth in parts 22, 24, 27, and 90 of title 47, chapter I of the Code of Federal Regulations, the rules in this section shall govern.
(iii) The application for certification must satisfy the Commission that the Consumer Signal Boosters’ features designed to prevent harmful interference and protect wireless networks cannot be easily defeated and must be enabled at all times.
(3) Frequency Bands. Consumer Signal Boosters must be designed and manufactured such that they only operate on the frequencies used for the provision of subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. The Commission will not certificate any Consumer Signal Boosters for operation on part 90 of this chapter (Specialized Mobile Radio) frequencies until the Commission releases a public notice announcing the date Consumer Signal Boosters may be used in the band.
(4) Self-monitoring. Consumer Signal Boosters must automatically self-monitor their operation to ensure compliance with applicable noise and gain limits and either self-correct or shut down automatically if their operation exceeds those parameters.
(5) Anti-oscillation. Consumer Signal Boosters must be able to detect and mitigate any unintended oscillations in uplink and downlink bands (such as may result from insufficient isolation between the antennas).
(6) Power Down. Consumer Signal Boosters must automatically power down or cease amplification as they approach any affected base station.
(7) Interference Avoidance for Wireless Subsystems. Consumer Signal Boosters using unlicensed (part 15 of this chapter) or other frequency bands for wireless transmissions between donor and server subsystems for their internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands.
(8) Wideband Consumer Signal Boosters. A Wideband Consumer Signal Booster will meet the Consumer Signal Booster Network Protection Standard if it complies with paragraphs (e)(1) through (e)(7) of this section and the following:
(i) Technical Requirements—(A) Noise Limits. (1) The transmitted noise power in dBm/MHz of consumer boosters at their uplink port shall not exceed −103 dBm/MHz—RSSI. RSSI (received signal strength indication expressed in negative dB units relative to 1 mW) is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation.
(2) The transmitted maximum noise power in dBm/MHz of consumer boosters at their uplink and downlink ports shall not exceed the following limits:
(i) Fixed booster maximum noise power shall not exceed −102.5 dBm/MHz + 20 Log
(ii) Mobile booster maximum noise power shall not exceed−59 dBm/MHz.
(iii) Compliance with Noise limits will use instrumentation calibrated in terms of RMS equivalent voltage, and with booster input ports terminated or without input signals applied within the band of measurement.
(B) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and downlink gain and conducted uplink power output that is at least 0.05 watts. One-way consumer boosters (i.e., uplink only, downlink only, uplink impaired, downlink impaired) are prohibited. Spectrum block filtering may be used provided the uplink filter attenuation is not less than the downlink filter attenuation, and where RSSI is measured after spectrum block filtering is applied referenced to the booster’s input port for each band of operation.
(C) Booster Gain Limits. (1) The uplink gain in dB of a consumer booster referenced to its input and output ports shall not exceed −34 dB—RSSI + MSCL.
(i) Where RSSI is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation. RSSI is expressed in negative dB units relative to 1 mW.
(ii) Where MSCL (Mobile Station Coupling Loss) is the minimum coupling loss in dB between the wireless device and input port of the consumer booster. MSCL must be calculated or measured for each band of operation and provided in compliance test reports.
(2) The uplink and downlink maximum gain of a Consumer Booster referenced to its input and output ports shall not exceed the following limits:
(i) Fixed Booster maximum gain shall not exceed 6.5 dB + 20 Log
(ii) Where, Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz.
(iii) Mobile Booster maximum gain shall not exceed 50 dB when using an inside antenna (e.g., inside a vehicle), 23 dB when using direct contact coupling (e.g., cradle-type boosters), or 15 dB when directly connected (e.g., boosters with a physical connection to the phone).
(D) Power Limits. A booster’s uplink power must not exceed 1 watt composite conducted power and equivalent isotropic radiated power (EIRP) for each band of operation. Composite downlink power shall not exceed 0.05 watt (17 dBm) conducted and EIRP for each band of operation. Compliance with power limits will use instrumentation calibrated in terms of RMS equivalent voltage.
(E) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall be at least 6 dB below the FCC’s mobile emission limits for the supported bands of operation. Compliance to OOBE limits will utilize high peak-to-average CMRS signal types.
(F) Intermodulation Limits. The transmitted intermodulation products of a consumer booster at its uplink and downlink ports shall not exceed the power level of −19 dBm for the supported bands of operation. Compliance with intermodulation limits will use boosters operating at maximum gain and maximum rated output power, with two continuous wave (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster, and with a 3 kHz measurement bandwidth.
(G) Booster Antenna Kitting. All consumer boosters must be sold with user manuals specifying all antennas and cables that meet the requirements of this section. All consumer boosters must be sold together with antennas, cables, and/or coupling devices that meet the requirements of this section. The grantee is required to submit a technical document with the application for FCC equipment authorization that shows compliance of all antennas, cables and/or coupling devices with the requirements of this section, including any antenna or equipment upgrade options that may be available at initial purchase or as a subsequent upgrade.
(H) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise and gain limits defined herein it must operate in “Transmit Power Off Mode.” In this mode of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and both uplink and downlink gain shall not exceed the lesser of 23 dB or MSCL.
(I) Uplink Inactivity. When a consumer booster is not serving an active device connection after 5 minutes the uplink noise power shall not exceed −70 dBm/MHz.
(ii) Interference Safeguards. Consumer boosters must include features to prevent harmful interference including, at a minimum, those enumerated in this subsection. These features may not be deactivated by the operator and must be enabled and operating at all times the signal booster is in use.
(A) Anti-Oscillation. Consumer boosters must be able to detect and mitigate (i.e., by automatic gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation detection and mitigation must occur automatically within 0.3 seconds in the uplink band and within 1 second in the downlink band. In cases where oscillation is detected, the booster must continue mitigation for at least one minute before restarting. After five such restarts, the booster must not resume operation until manually reset.
(B) Gain Control. Consumer boosters must have automatic limiting control to protect against excessive input signals that would cause output power and emissions in excess of that authorized by the Commission.
(C) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed (part 15) or other frequency bands for wireless transmissions between donor and server subsystems for its internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands and must meet applicable limits for radiofrequency exposure.
(9) Provider-Specific Consumer Signal Boosters. A Provider-Specific Consumer Signal Booster will meet the Consumer Signal Booster Network Protection Standard if it complies with paragraphs (e)(1) through (e)(7) of this section and the following:
(i) Technical Requirements—(A) Noise Limits. The transmitted noise power in dBm/MHz of frequency selective consumer boosters outside the licensee’s spectrum blocks at their uplink and downlink ports shall not exceed the following limits:
(1) −103 dBm/MHz−RSSI
(i) Where RSSI is the downlink composite signal power received in dBm for frequencies in the band of operation outside the licensee’s spectrum block as measured after spectrum block filtering is applied and is referenced to the booster’s donor port for each band of operation. RSSI is expressed in negative dB units relative to 1 mW.
(ii) Boosters with MSCL less than 40 dB, shall reduce the Noise output in (A) by 40 dB−MSCL, where MSCL is the minimum coupling loss in dB between the wireless device and booster’s server port. MSCL must be calculated or measured for each band of operation and provided in compliance test reports.
(2)(i) Fixed booster maximum downlink noise power shall not exceed −102.5 dBm/MHz + 20 Log
(ii) Mobile booster maximum noise power shall not exceed −59 dBm/MHz.
(iii) Compliance with Noise limits will use instrumentation calibrated in terms of RMS equivalent voltage, and with booster input ports terminated or without input signals applied within the band of measurement.
(B) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and downlink gain and conducted uplink power output that is at least 0.05 watts. One-way consumer boosters (i.e., uplink only, downlink only, uplink impaired, downlink impaired) are prohibited. Spectrum block filtering used must provide uplink filter attenuation not less than the downlink filter attenuation, and where RSSI is measured after spectrum block filtering is applied referenced to the booster’s input port for each band of operation.
(C) Booster Gain Limits. The gain of the frequency selective consumer booster shall meet the limits below.
(1) The uplink and downlink gain in dB of a frequency selective consumer booster referenced to its input and output ports shall not exceed BSCL−28 dB−(40 dB−MSCL).
(i) Where BSCL is the coupling loss between the booster’s donor port and the base station’s input port, and MSCL is the minimum coupling loss in dB between the wireless device and the booster’s server port. MSCL must be calculated or measured for each band of operation and provided in compliance test reports.
(ii) In order of preference, BSCL is determined as follows: determine path loss between the base station and the booster; such measurement shall be based on measuring the received forward pilot/control channel power at the booster and reading the pilot/control channel transmit power from the base station as defined in the system information messages sent by the base station; estimate BSCL by assuming that the base station is transmitting at a level of + 25 dBm per channel (assume a small, lightly loaded cell) and measuring the total received signal power level within the channel in dBm (RPCH) received at the booster input port. BSCL is then calculated as 25-RPCH; or assume that the BSCL is 70 dB without performing any measurement.
(2) The uplink and downlink maximum gain of a frequency selective consumer booster referenced to its input and output ports shall not exceed the following limits:
(i) Fixed Booster maximum gain shall not exceed 19.5 dB + 20 Log
(ii) Where, Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz.
(iii) Mobile Booster maximum gain shall not exceed 15 dB when directly connected (e.g., boosters with a physical connection to the subscriber device), 23 dB when using direct contact coupling (e.g., cradle-type boosters), or 50 dB when using an inside antenna (e.g., inside a vehicle). For systems using an inside antenna that have automatic gain adjustment based on isolation measurements between booster donor and server antenna and automatic feedback cancellation, the mobile booster maximum gain shall not exceed 58 dB and 65 dB for frequencies below and above 1 GHz, respectively.
(D) Power Limits. A booster’s uplink power must not exceed 1 watt composite conducted power and equivalent isotropic radiated power (EIRP) for each band of operation. Downlink power shall not exceed 0.05 watt (17 dBm) composite and 10 dBm per channel conducted and EIRP for each band of operation. Compliance with power limits will use instrumentation calibrated in terms of RMS equivalent voltage.
(E) Out of Band Gain Limits. (1) A frequency selective booster shall have the following minimum attenuation referenced to the gain in the center of the pass band of the booster:
(i) −20 dB at the band edge, where band edge is the end of the licensee’s allocated spectrum,
(ii) −30 dB at 1 MHz offset from band edge,
(iii) −40 dB at 5 MHz offset from band edge.
(2) A frequency selective booster having maximum gain greater than 80 dB (referenced to the center of the pass band) shall limit the out of band gain to 60 dB at 0.2 MHz offset from the band edge, and 45 dB at 1 MHz offset from the band edge, where band edge is the end of the licensee’s allocated spectrum.
(F) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall meet the FCC’s mobile emission limits for the supported bands of operation. Compliance to OOBE limits will utilize high peak-to-average CMRS signal types.
(G) Intermodulation Limits. The transmitted intermodulation products of a consumer booster at its uplink and downlink ports shall not exceed the power level of −19 dBm for the supported bands of operation. Compliance with intermodulation limits will use boosters operating at maximum gain and maximum rated output power, with two continuous wave (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster, and with a 3 kHz measurement bandwidth.
(H) Booster Antenna Kitting. All consumer boosters must be sold with user manuals specifying all antennas and cables that meet the requirements of this section. All consumer boosters must be sold together with antennas, cables, and/or coupling devices that meet the requirements of this section. The grantee is required to submit a technical document with the application for FCC equipment authorization that shows compliance of all antennas, cables, and/or coupling devices with the requirements of this section, including any antenna or equipment upgrade options that may be available at initial purchase or as a subsequent upgrade.
(I) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise and gain limits defined herein it must operate in “Transmit Power OFF Mode.” In this mode of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and uplink gain shall not exceed the lesser of 23 dB or MSCL.
(J) Uplink Inactivity. When a consumer booster is not serving an active device connection after 5 seconds the uplink noise power shall not exceed −70 dBm/MHz.
(ii) Interference Safeguards. Consumer boosters must include features to prevent harmful interference including, at a minimum, those enumerated in this subsection. These features may not be deactivated by the operator and must be enabled and operating at all times the signal booster is in use.
(A) Anti-Oscillation. Consumer boosters must be able to detect and mitigate (i.e., by automatic gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation detection and mitigation must occur automatically within 0.3 seconds in the uplink band and within 1 second in the downlink band. In cases where oscillation is detected, the booster must continue mitigation for at least one minute before restarting. After five such restarts, the booster must not resume operation until manually reset.
(B) Gain Control. Consumer boosters must have automatic limiting control to protect against excessive input signals that would cause output power and emissions in excess of that authorized by the Commission.
(C) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed (part 15) or other frequency bands for wireless transmissions between donor and server subsystems for its internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands.
(10) Equivalent Protections. Consumer Signal Boosters which do not meet the technical specifications enumerated in paragraphs (e)(1) through (e)(9) of this section may also meet the Network Protection Standard if they provide equivalent protections as determined by the Wireless Telecommunications Bureau.
(f) Signal booster labeling requirements. (1) Signal booster manufacturers, distributors, and retailers must ensure that all signal boosters marketed on or after March 1, 2014 include the following advisories:
(i) In on-line, point-of-sale marketing materials,
(ii) In any print or on-line owner’s manual and installation instructions,
(iii) On the outside packaging of the device, and
(iv) On a label affixed to the device:
(A) For Consumer Signal Boosters:
(1) This is a CONSUMER device.
BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless provider and have your provider’s consent. Most wireless providers consent to the use of signal boosters. Some providers may not consent to the use of this device on their network. If you are unsure, contact your provider.
You MUST operate this device with approved antennas and cables as specified by the manufacturer. Antennas MUST be installed at least 20 cm (8 inches) from any person.
You MUST cease operating this device immediately if requested by the FCC or a licensed wireless service provider.
WARNING. E911 location information may not be provided or may be inaccurate for calls served by using this device.
(2) The label for Consumer Signal Boosters certified for fixed indoor operation also must include the following language:
This device may be operated ONLY in a fixed location for in-building use.
(B) For Industrial Signal Boosters:
WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC Licensee to operate this device. Unauthorized use may result in significant forfeiture penalties, including penalties in excess of $100,000 for each continuing violation.
(2) A Consumer Signal Booster label may contain an acknowledgement that particular provider(s) have given their consent for all consumers to use the device. Such an acknowledgement would be inserted prior to, “Some wireless providers may not consent to the use of this device on their network. If you are unsure, contact your provider.” The remaining language of the advisory shall remain the same.
(g) Marketing and sale of signal boosters. Except as provided in § 2.803 of this chapter, no person, manufacturer, distributor, or retailer may market (as defined in § 2.803 of this chapter) any Consumer Signal Booster that does not comply with the requirements of this section to any person in the United States or to any person intending to operate the Consumer Signal Booster within the United States. Wideband Consumer Signal Boosters may only be sold to members of the general public for their personal use.
(h) Registration. Each licensee consenting to the operation of a Consumer Signal Booster must establish a free registration mechanism for subscribers and register all Consumer Signal Boosters to which it consents. A licensee must establish a registration mechanism by the later of March 1, 2014 or within 90 days of consenting to the operation of a Consumer Signal Booster. At a minimum, a licensee must collect:
(1) The name of the Consumer Signal Booster owner and/or operator, if different individuals;
(2) The make, model, and serial number of the device;
(3) The location of the device; and
(4) The date of initial operation. Licensee consent is voluntary and may be withdrawn at the licensee’s discretion.
§ 20.22 Rules governing mobile spectrum holdings.
(a) Applicants for mobile wireless licenses for commercial use, for assignment or transfer of control of such licenses, or for long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter and long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) must demonstrate that the public interest, convenience, and necessity will be served thereby. The Commission will evaluate any such license application consistent with the policies set forth in Policies Regarding Mobile Spectrum Holdings, Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 15, 2014.
(b) Attribution of interests. (1) The following criteria will apply to attribute partial ownership and other interests in spectrum holdings for purposes of:
(i) Applying a mobile spectrum holding limit to the licensing of spectrum through competitive bidding; and
(ii) Applying the initial spectrum screen to secondary market transactions.
(2) Controlling interests shall be attributable. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the licensee, in whatever manner exercised.
(3) Non-controlling interests of 10 percent or more in spectrum shall be attributable. Interests of less than 10 percent in spectrum shall be attributable if such interest confers de facto control, including but not limited to partnership and other ownership interests and any stock interest in a licensee.
(4) The following interests in spectrum shall also be attributable to holders:
(i) Officers and directors of a licensee shall be considered to have an attributable interest in the entity with which they are so associated. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee.
(ii) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A’s interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A’s interest in licensee C would be 20% because B’s ownership of C exceeds 50%).
(iii) Any person who manages the operations of a licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, the nature or types of services offered by such licensee, the terms upon which such services are offered, or the prices charged for such services.
(iv) Any licensee or its affiliate who enters into a joint marketing arrangement with another licensee or its affiliate shall be considered to have an attributable interest in the other licensee’s holdings if it has authority to make decisions or otherwise engage in practices or activities that determine or significantly influence the nature or types of services offered by the other licensee, the terms upon which such services are offered, or the prices charged for such services.
(v) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses.
(vi) Debt and instruments such as warrants, convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until converted or unless the Commission determines that these interests confer de facto control.
(5) The following interests shall be attributable to holders, except to lessees and sublessees for the purpose of qualifying to bid on reserved licenses offered in the Incentive Auction, discussed in paragraph (c) of this section, on the basis of status as a non-nationwide provider:
(i) Long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter and long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) that enable commercial use shall be attributable to lessees, lessors, sublessees, and sublessors for purposes of this section.
(ii) [Reserved]
(c) 600 MHz Band holdings. (1) The Commission will reserve licenses for up to 30 megahertz of the 600 MHz Band, offered in the Incentive Auction authorized by Congress pursuant to 47 U.S.C. 309(j)(8)(G), for otherwise qualified bidders who do not hold an attributable interest in 45 megahertz or more of the total 134 megahertz of below-1-GHz spectrum which consists of the cellular (50 megahertz), the 700 MHz (70 megahertz), and the SMR (14 megahertz) spectrum in a Partial Economic Area (PEA), as calculated on a county by county population-weighted basis, utilizing 2010 U.S. Census data. The amount of reserved and unreserved 600 MHz Band licenses will be determined based on the market-based spectrum reserve set forth in Policies Regarding Mobile Spectrum Holdings, Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 15, 2014, as well as subsequent Public Notices. Nothing in this paragraph will limit, or may be construed to limit, an otherwise qualified bidder that is a non-nationwide provider of mobile wireless services from bidding on any reserved or unreserved license offered in the Incentive Auction.
(2) For a period of six years, after initial licensing, no 600 MHz Band license, regardless of whether it is reserved or unreserved, may be transferred, assigned, partitioned, disaggregated, or long term leased to any entity that, after consummation of the transfer, assignment, or leased on a long term basis, would hold an attributable interest in one-third or more of the total suitable and available below-1-GHz spectrum as calculated on a county by county population-weighted basis in the relevant license area, utilizing 2010 U.S. Census data.
(3) For a period of six years, after initial licensing, no 600 MHz Band reserved license may be transferred, assigned, partitioned, disaggregated, or leased on a long term basis to an entity that was not qualified to bid on that reserved spectrum license under paragraph (c)(1) of this section at the time of the Incentive Auction short-form application deadline.
§ 20.23 Contraband wireless devices in correctional facilities.
(a) Good faith negotiations. CMRS licensees must negotiate in good faith with entities seeking to deploy a Contraband Interdiction System (CIS) in a correctional facility. Upon receipt of a good faith request by an entity seeking to deploy a CIS in a correctional facility, a CMRS licensee must negotiate toward a lease agreement. If, after a 45 day period, there is no agreement, CIS providers seeking Special Temporary Authority (STA) to operate in the absence of CMRS licensee consent may file a request for STA with the Wireless Telecommunications Bureau (WTB), accompanied by evidence demonstrating its good faith, and the unreasonableness of the CMRS licensee’s actions, in negotiating an agreement. The request must be served on the CMRS licensee no later than the filing of the STA request, and the CMRS licensee may file a response with WTB, with a copy served on the CIS provider at that time, within 10 days of the filing of the STA request. If WTB determines that the CIS provider has negotiated in good faith, yet the CMRS licensee has not negotiated in good faith, WTB may issue STA to the entity seeking to deploy the CIS, notwithstanding lack of accompanying CMRS licensee consent.
(b) Contraband Interdiction System (CIS) authorization process. The provisions in this section apply to any person seeking certification of a CIS authorized for use in the submission of qualifying disabling requests, whether operating a system that requires a license and is regulated as CMRS or private mobile radio service (PMRS), or operating a passive system that does not require a license. The Wireless Telecommunications Bureau (Bureau) will establish, via public notice, the form and procedure for: CIS operators to file CIS certification applications, self-certifications, and periodic re-certification; CIS operators to serve on wireless providers notice of testing and copies of self-certification; and wireless providers to file objections to self-certifications, including required service on CIS operators and DCFOs.
(1) Application requirements. To obtain CIS certification, an applicant must submit an application to the Bureau for review and approval that:
(i) Demonstrates that all radio transmitters used as part of the CIS have appropriate equipment authorizations pursuant to Commission rules in part 2 of this chapter;
(ii) Demonstrates that the CIS is designed and will be configured to locate devices solely within a correctional facility;
(iii) Describes the methodology to be used in analyzing data collected by the CIS and demonstrates that such methodology is adequately robust to ensure that the particular wireless device is in fact located within a correctional facility and includes specific data analysis benchmarks designed to ensure successful detection, such as rate of detection of contraband versus non-contraband devices and relevant sample size (e.g. number of devices observed and length of observation period);
(iv) Demonstrates that the CIS will secure and protect all information or data collected as part of its intended use;
(v) Demonstrates that the CIS will not interfere with emergency 911 calls;
(vi) Describes whether the CIS requires a spectrum or network access agreement (e.g., a spectrum leasing arrangement or roaming agreement) to be authorized to operate; and
(vii) Includes a proposed test plan for subsequent site-based testing of each CIS, that must include detailed descriptions and technical specifications to facilitate Commission review of whether the system satisfies its legal requirements and technically functions as anticipated.
(2) Marketing and sales. CIS that are certified for use in qualifying requests for disabling of contraband devices may be marketed or sold only to correctional facilities or entities that will provide contraband interdiction services to such facilities.
(3) Site-based testing and self-certification requirements—(i) Site-based testing. A CIS operator seeking to use the CIS to submit qualifying requests for disabling must test a certified CIS at each location where it intends to operate. Thereafter, the CIS operator must file with the Bureau a self-certification that complies with paragraph (b)(3)(ii) of this section, confirming that the testing at that specific correctional facility is complete and successful. The CIS operator must serve notice of the testing on all relevant wireless providers prior to testing and provide such wireless providers a reasonable opportunity to participate in the tests. Relevant wireless providers include any wireless provider holding a spectrum license that:
(A) Authorizes operation on the frequencies on which the CIS seeks to detect contraband use; and
(B) Authorizes service in the geographic area (e.g., census tract, county, Partial Economic Area (PEA), Economic Area (EA), Cellular Market Area (CMA), Regional Economic Area Grouping (REAG)) within which the correctional facility is located.
(ii) Self-certification. Following the testing, and to be eligible for use in conjunction with qualifying requests for disabling, a CIS operator must file a self-certification with the Bureau that:
(A) Identifies the correctional facility where it seeks to deploy;
(B) Attests that applicable Federal or state criminal statutes prohibit the possession or operation of contraband devices within the correctional facility (and includes the applicable Federal or state criminal statutory provision);
(C) Describes the results of on-site tests of the certified CIS conducted at the correctional facility;
(D) Attests that the on-site testing was performed consistent with the approved test plans for the certified CIS and that the CIS deployment minimizes the risk of disabling a non-contraband device;
(E) Identifies whether any relevant wireless providers participated in the testing, and provides proof that the relevant wireless providers were given notice regarding the testing and a reasonable opportunity to participate;
(F) Includes proof of any spectrum and/or network access agreement (e.g., a spectrum leasing arrangement and/or roaming agreement) required to be authorized to operate and/or for the system to function effectively;
(G) Includes proof that the self-certification was served via electronic means on all relevant wireless providers; and
(H) Includes an attestation from the DCFO verifying that all information contained in the self-certification is true and accurate.
(I) The self-certification must be filed in accordance with part 1, subpart F, of this chapter.
(4) Submitting objections. Wireless providers may submit objections to the Bureau within five business days from the certification filing date. Any such objections must be served on the DCFO and the CIS operator.
(5) Recertification. At least every three years after the initial self-certification, CIS operators seeking to maintain the ability to submit qualifying requests through a DCFO for contraband device disabling must retest their systems and recertify them for continued CIS accuracy. Recertifications must comply with the same rules and filing instructions that apply to the initial self-certification.
(6) Suspension of CIS eligibility. The Bureau may suspend CIS certification generally or at a particular facility if subsequent credible information calls into question a system’s reliability.
(7) Records maintenance. To ensure the integrity and proper operation of CISs, a CIS operator must retain records of all information supporting each request for disabling and the basis for disabling each device, including copies of all documents submitted in the qualifying request, for at least five years following the date of submission of the relevant disabling request. CIS operators of systems that have been tested and approved for use in qualifying requests must make available all records upon request from the Bureau.
(c) Disabling contraband wireless devices. A DCFO may request that a CMRS licensee disable a contraband wireless device that has been detected in a correctional facility by a CIS that has been certified in accordance with paragraph (b) of this section. Absent objections from a wireless provider, as described under paragraph (b)(4) of this section, the DCFO may submit a qualifying request to a wireless provider beginning on the sixth business day after the later of the self-certification filing or actual service, as described under paragraph (b)(3)(ii) of this section.
(1) DCFO list. The Commission will maintain a publicly available list of DCFOs that are authorized to transmit qualifying disabling requests. Authorized DCFOs that seek to be recognized on the Commission’s DCFO list must send a letter to the Commission’s Contraband Ombudsperson, signed by the relevant state attorney general or the relevant Bureau of Prisons Regional Director and providing:
(i) The individual’s name;
(ii) The individual’s official government position; and
(iii) A list of correctional facilities over which the individual has oversight and management authority.
(2) Qualifying request. A qualifying request must be made in writing, contain the certifications in paragraph (c)(2)(i) of this section and the device and correctional facility identifying information in paragraph (c)(2)(ii) of this section, and be signed by the appropriate DCFO. The DCFO must transmit a qualifying request to a CMRS licensee using a secure communication means that will provide certainty regarding the identity of both the sending and receiving parties. A CMRS licensee must adopt a method, or use an existing method, for receiving secured and verified qualifying requests.
(i) Certifications. A qualifying request must include the following certifications by the DCFO:
(A) A CIS that has been certified in accordance with paragraph (b) of this section was used to gather the contraband subscriber and device information populated in the qualifying request;
(B) The certified CIS was used to identify contraband wireless devices operating in a correctional facility where the CIS has been tested and self-certified for operational readiness and for use in qualifying requests, and the identification of contraband wireless devices occurred within 30 days immediately prior to the date of the qualifying request submission;
(C) The DCFO has reviewed the list of contraband wireless devices and attests that it is accurate; and
(D) It is a violation of applicable state or Federal criminal statutes to possess or operate a contraband device in the correctional facility.
(ii) Device and correctional facility identifying information. The qualifying request must identify the contraband wireless device to be disabled and the correctional facility by providing the following information:
(A) Identifiers sufficient to:
(1) Identify the applicable wireless service provider;
(2) Uniquely describe each of the contraband wireless devices in question at the subscription level; and
(3) Uniquely describe each of the contraband wireless devices in question at the device-level;
(B) Name of the correctional facility at which the contraband wireless device(s) were identified; and
(C) Street address of the correctional facility at which the contraband wireless device(s) were identified.
(3) Licensee actions upon receipt of a qualifying request. Upon receiving a request from a DCFO to disable a contraband wireless device, a licensee providing CMRS service must verify that the request contains the required information for a qualifying request, as defined in paragraph (c)(2) of this section.
(i) Disabling upon receipt of a qualifying request and timing. If the qualifying request contains the required information, and does not contain an error in the device identifying information preventing the licensee from being able to disable the device, a licensee must, within two business days of receipt of the qualifying request, disable the contraband wireless device from using the wireless provider’s network at both the device and subscriber level and take reasonable and practical steps to prevent the contraband wireless device from being used on another wireless provider’s network.
(ii) Rejection of a qualifying request and timing. A licensee may reject a qualifying request within two business days of receipt of a qualifying request if it does not include the information required for a qualifying request or, with respect to a relevant device, the request contains an error in the device-identifying information preventing the licensee from being able to disable the device.
(iii) Customer outreach. A licensee may immediately disable a contraband wireless device without any customer outreach, or a licensee may contact the customer of record through any available means to notify them that the device will be disabled, but any such notice does not modify the licensee’s obligation to comply with paragraphs (c)(3)(i) and (ii) of this section.
(iv) Notification to the Designated Correctional Facility Official. Within two business days of receiving a qualifying request from a DCFO, a licensee must inform the DCFO whether the request has been granted or rejected.
(4) Reversals. A licensee may reverse a disabled wireless device if it determines that the wireless device was identified erroneously as contraband. The licensee must promptly inform the DCFO of the erroneously identified wireless device.
(i) DCFO involvement. Prior to reversing a disabling action, a wireless provider that determines that a device may have been erroneously identified as contraband may request that the DCFO review and confirm the information provided in a qualifying request pursuant to which the device was previously disabled. To trigger DCFO involvement, the wireless provider must provide the DCFO with:
(A) The date of the qualifying request;
(B) The identifying information provided for the device; and
(C) Any evidence supporting the wireless provider’s belief that the device was erroneously identified.
(ii) DCFO response. Upon receipt of a request from a wireless provider, the DCFO should review the qualifying request and determine whether the device in question was erroneously identified and either confirm the validity of the identifying information contained in the qualifying request or acknowledge the error and direct the carrier to restore service to the device.
(iii) Restoration of service. In the event the DCFO directs the wireless provider to reverse the disabling, the wireless provider must, within two business days, restore service to the device and reverse any actions taken to prevent the device from accessing other wireless provider networks.
(iv) Wireless provider action in absence of timely DCFO response. In the event the DCFO does not respond to a request from a wireless provider for review of a qualifying request within two business days, the wireless provider may proceed with reversing the disabling action.
(v) Notice of reversals. The DCFO must provide notice to the Contraband Ombudsperson of the number of erroneously disabled devices on a quarterly basis at the end of any quarter during which a device disabling was reversed.
(d) Notification to Managed Access System (MAS) operators of wireless provider technical changes—(1) Notification requirements. CMRS licensees leasing spectrum to MAS operators must provide 90 days’ advance notice to MAS operators of the following network changes occurring within 15 miles of the correctional facility, unless parties modify notification arrangements through mutual agreement:
(i) Adding a new frequency band to service offerings;
(ii) Deploying a new air interface technology or changing an existing air interface technology; and/or
(iii) Adding, relocating, or removing a site.
(2) Good faith negotiations. CMRS licensee lessors and MAS operator lessees must negotiate in good faith to reach an agreement for notification for other types of network adjustments not covered by the notice requirement set forth in paragraph (d)(1) of this section and for the parties’ treatment of confidential information contained in notifications required pursuant to this section and/or negotiated between the parties.
(3) Emergency network changes exception. CMRS licensees leasing spectrum to managed access systems (MAS) operators are not required to provide 90 days’ advance notice to MAS operators of network technical changes occurring within 15 miles of the correctional facility that are required due to emergency and disaster preparedness. CMRS licensees must provide notice of these technical changes immediately after the exigency.
PART 22—PUBLIC MOBILE SERVICES
Subpart A—Scope and Authority
§ 22.1 Basis and purpose.
This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).
(a) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish the requirements and conditions under which radio stations may be licensed and used in the Public Mobile Services.
§ 22.3 [Reserved]
§ 22.5 Citizenship.
The rules in this section implement section 310 of the Communications Act of 1934, as amended (47 U.S.C. § 310), in regard to the citizenship of licensees in the Public Mobile Services.
(a) Foreign governments. The FCC will not grant an authorization in the Public Mobile Services to any foreign government or any representative thereof.
(b) Alien ownership or control. The FCC will not grant an authorization in the Public Mobile Services to:
(1) Any alien or the representative of any alien;
(2) Any corporation organized under the laws of any foreign government;
(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country;
(4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the FCC finds that the public interest will be served by the refusal or revocation of such license.
§ 22.7 General eligibility.
Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under this part. Applications are granted only if the applicant is legally, financially, technically and otherwise qualified to render the proposed service.
§ 22.9 Operation of certificated signal boosters.
Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter. Failure to comply with all applicable rules voids the authority to operate a signal booster.
§ 22.99 Definitions.
Terms used in this part have the following meanings:
Air-Ground Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
Airborne station. A mobile station in the Air-Ground Radiotelephone Service authorized for use on aircraft while in flight or on the ground.
Antenna structure. A structure comprising an antenna, the tower or other structure that exists solely to support antennas, and any surmounting appurtenances (attachments such as beacons or lightning rods).
Antenna. A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station, the device from which radio waves are emitted.
Authorized bandwidth. The necessary or occupied bandwidth of an emission, whichever is more.
Authorized spectrum. The spectral width of that portion of the electromagnetic spectrum within which the emission power of the authorized transmitter(s) must be contained, in accordance with the rules in this part. The authorized spectrum comprises one channel bandwidth or the bandwidths of two or more contiguous channels.
Auxiliary test transmitter. A fixed transmitter used to test Public Mobile systems.
Base transmitter. A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations.
Blanketing interference. Disturbance in consumer receivers located in the immediate vicinity of a transmitter, caused by currents directly induced into the consumer receiver’s circuitry by the relatively high field strength of the transmitter.
Cardinal radials. Eight imaginary straight lines extending radially on the ground from an antenna location in the following azimuths with respect to true North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, 315°.
Carrier frequency. The frequency of the unmodulated electrical wave at the output of an amplitude modulated (AM), frequency modulated (FM) or phase modulated (PM) transmitter.
Cell. The service area of an individual transmitter location in a cellular system.
Cellular Geographic Service Area (CGSA). The licensed geographic area within which a Cellular system is entitled to protection and adverse effects are recognized, for the purpose of determining whether a petitioner has standing, in the Cellular Radiotelephone Service, and within which the Cellular licensee is permitted to transmit, or consent to allow other Cellular licensees to transmit, electromagnetic energy and signals on the assigned channel block, in order to provide Cellular service. See § 22.911.
Cellular Market Area (CMA). A standard geographic area used by the FCC for administrative convenience in the licensing of Cellular systems; a more recent term for “Cellular market” (and includes Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs)). See § 22.909.
Cellular markets. This term is obsolescent. See definition for “Cellular Market Area (CMA).”
Cellular Radiotelephone Service. A radio service in which licensees are authorized to offer and provide cellular service for hire to the general public. This service was formerly titled Domestic Public Cellular Radio Telecommunications Service.
Cellular repeater. In the Cellular Radiotelephone Service, a stationary transmitter or device that automatically re-radiates the transmissions of base transmitters at a particular cell site and mobile stations communicating with those base transmitters, with or without channel translation.
Cellular service. Radio telecommunication services provided using a cellular system.
Cellular system. An automated high-capacity system of one or more multi-channel base stations designed to provide radio telecommunication services to mobile stations over a wide area in a spectrally efficient manner. Cellular systems employ techniques such as automatic hand-off between base stations of communications in progress to enable channels to be re-used at relatively short distances.
Center frequency. The frequency of the middle of the bandwidth of a channel.
Central office transmitter. A fixed transmitter in the Rural Radiotelephone Service that provides service to rural subscriber stations.
CGSA. See Cellular Geographic Service Area.
Channel. The portion of the electromagnetic spectrum assigned by the FCC for one emission. In certain circumstances, however, more than one emission may be transmitted on a channel.
Channel bandwidth. The spectral width of a channel, as specified in this part, within which 99% of the emission power must be contained.
Channel block. A group of channels that are assigned together, not individually.
Channel pair. Two channels that are assigned together, not individually. In this part, channel pairs are indicated 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 § 2.201 of this chapter for details.
Emission mask. The design limits imposed, as a condition or certification, on the mean power of emissions as a function of frequency both within the authorized bandwidth and in the adjacent spectrum.
Equivalent isotropically radiated power (EIRP). The equivalent isotropically radiated power of a transmitter (with antenna, transmission line, duplexers etc.) is the power that would be necessary at the input terminals of a reference isotropic radiator in order to produce the same maximum field intensity. An isotropic radiator is a theoretical lossless point source of radiation with unity gain in all directions. EIRP is usually calculated by multiplying the measured transmitter output power by the specified antenna system gain, relative to an isotropic radiator, in the direction of interest.
Extension. In the Cellular Radiotelephone Service, an area within the service area boundary (calculated using the methodology of § 22.911) of a Cellular system but outside the licensed Cellular Geographic Service Area boundary. See §§ 22.911 and 22.912.
Facsimile service. Transmission of still images from one place to another by means of radio.
Fill-in transmitters. Transmitters added to a station, in the same area and transmitting on the same channel or channel block as previously authorized transmitters, that do not expand the existing service area, but are established for the purpose of improving reception in dead spots.
Fixed transmitter. A stationary transmitter that communicates with other stationary transmitters.
Frequency. The number of cycles occurring per second of an electrical or electromagnetic wave; a number representing a specific point in the electromagnetic spectrum.
Ground station. In the Air-Ground Radiotelephone Service, a stationary transmitter that provides service to airborne mobile stations.
Gulf of Mexico Service Area (GMSA). The cellular market comprising the water area of the Gulf of Mexico bounded on the West, North and East by the coastline. Coastline, for this purpose, means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea, and the line marking the seaward limit of inland waters. Inland waters include bays, historic inland waters and waters circumscribed by a fringe of islands within the immediate vicinity of the shoreline.
Height above average terrain (HAAT). The height of an antenna above the average elevation of the surrounding area.
In-building radiation systems. Supplementary systems comprising low power transmitters, receivers, indoor antennas and/or leaky coaxial cable radiators, designed to improve service reliability inside buildings or structures located within the service areas of stations in the Public Mobile Services.
Initial cellular applications. Applications for authority to construct and operate a new cellular system, excluding applications for interim operating authority.
Interfering contour. The locus of points surrounding a transmitter where the predicted median field strength of the signal from that transmitter is the maximum field strength that is not considered to cause interference at the service contour of another transmitter.
Interoffice transmitter. A fixed transmitter in the Rural Radiotelephone Service that communicates with other interoffice transmitters for the purpose of interconnecting rural central offices.
Mobile station. One or more transmitters that are capable of operation while in motion.
Necessary bandwidth. The calculated spectral width of an emission. Calculations are made using procedures set forth in part 2 of this chapter. The bandwidth so calculated is considered to be the minimum necessary to convey information at the desired rate with the desired accuracy.
Occupied bandwidth. The measured spectral width of an emission. The measurement determines occupied bandwidth as the difference between upper and lower frequencies where 0.5% of the emission power is above the upper frequency and 0.5% of the emission power is below the lower frequency.
Offshore central transmitter. A fixed transmitter in the Offshore Radiotelephone Service that provides service to offshore subscriber stations.
Offshore Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunication services for hire to subscribers on structures in the offshore coastal waters of the Gulf of Mexico.
Offshore subscriber station. One or more fixed and/or mobile transmitters in the Offshore Radiotelephone Service that receive service from offshore central transmitters.
Pager. A small radio receiver designed to be carried by a person and to give an aural, visual or tactile indication when activated by the reception of a radio signal containing its specific code. It may also reproduce sounds and/or display messages that were also transmitted. Some pagers also transmit a radio signal acknowledging that a message has been received.
Paging geographic area authorization. An authorization conveying the exclusive right to establish and expand one or more stations throughout a paging geographic area or, in the case of a partitioned geographic area, throughout a specified portion of a paging geographic area, on a specified channel allocated for assignment in the Paging and Radiotelephone Service. These are subject to the conditions that no interference may be caused to existing co-channel stations operated by other licensees within the paging geographic area and that no interference may be caused to existing or proposed co-channel stations of other licensees in adjoining paging geographic areas.
Paging geographic areas. Standard geographic areas used by the FCC for administrative convenience in the licensing of stations to operate on channels allocated for assignment in the Paging and Radiotelephone Service. See § 22.503(b).
Paging and Radiotelephone Service. A radio service in which common carriers are authorized to offer and provide paging and radiotelephone service for hire to the general public. This service was formerly titled Public Land Mobile Service.
Paging service. Transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds.
Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or EIRP, stated per unit bandwidth, e.g., watts/MHz.
Public Mobile Services. Radio services in which licensees are authorized to offer and provide mobile and related fixed radio telecommunication services for hire to the public.
Radio telecommunication services. Communication services provided by the use of radio, including radiotelephone, radiotelegraph, paging and facsimile service.
Radiotelegraph service. Transmission of messages from one place to another by means of radio.
Radiotelephone service. Transmission of sound from one place to another by means of radio.
Repeater. A fixed transmitter that retransmits the signals of other stations.
Roamer. A mobile station receiving service from a station or system in the Public Mobile Services other than one to which it is a subscriber.
Rural Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunication services for hire to subscribers in areas where it is not feasible to provide communication services by wire or other means.
Rural subscriber station. One or more fixed transmitters in the Rural Radiotelephone Service that receive service from central office transmitters.
Service area. The geographic area considered by the FCC to be reliably served by a station in the Public Mobile Services.
Service contour. The locus of points surrounding a transmitter where the predicted median field strength of the signal from that transmitter is the minimum field strength that is considered sufficient to provide reliable service to mobile stations.
Service to subscribers. Service to at least one subscriber that is not affiliated with, controlled by or related to the providing carrier.
Signal booster. A stationary device that automatically reradiates signals from base transmitters without channel translation, for the purpose of improving the reliability of existing service by increasing the signal strength in dead spots.
Station. A station equipped to engage in radio communication or radio transmission of energy (47 U.S.C. 153(k)).
Telecommunications common carrier. An individual, partnership, association, joint-stock company, trust or corporation engaged in rendering radio telecommunications services to the general public for hire.
Temporary fixed station. One or more fixed transmitters that normally do not remain at any particular location for longer than 6 months.
Universal licensing system. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information.
Unserved Area. With regard to a channel block allocated for assignment in the Cellular Radiotelephone Service: Geographic area in the District of Columbia, or any State, Territory or Possession of the United States of America that is not within any Cellular Geographic Service Area of any Cellular system authorized to transmit on that channel block. With regard to a channel allocated for assignment in the Paging and Radiotelephone service: Geographic area within the District of Columbia, or any State, Territory or possession of the United States of America that is not within the service contour of any base transmitter in any station authorized to transmit on that channel.
Subpart B—Licensing Requirements and Procedures
Applications and Notifications
§ 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 § 1.65 of this chapter; and,
(f) Be signed in accordance with § 1.743 of this chapter.
§ 22.131 Procedures for mutually exclusive applications.
Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the Public Mobile Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Public Mobile Services. Additional specific procedures are prescribed in the subparts of this part governing the individual Public Mobile Services (see §§ 22.509, 22.717, and 22.949) and in part 1 of this chapter.
(a) Separate applications. Any applicant that files an application knowing that it will be mutually exclusive with one or more applications should not include in the mutually exclusive application a request for other channels or facilities that would not, by themselves, render the application mutually exclusive with those other applications. Instead, the request for such other channels or facilities should be filed in a separate application.
(b) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to § 1.945 of this chapter) any mutually exclusive application(s) whose filing date is outside of the date range for inclusion in the filing group. The types of filing groups used in day-to-day application processing are specified in paragraph (c)(3) of this section. A filing group is one of the following types:
(1) 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).
(2) Thirty-day notice and cut-off filing group. A 30-day notice and cut-off filing group comprises mutually exclusive applications whose filing date is no later than thirty (30) days after the date of the Public Notice listing the first-filed application(s) (according to the filing dates) as acceptable for filing.
(3) Window filing group. A window filing group comprises mutually exclusive applications whose filing date is within an announced filing window. An announced filing window is a period of time between and including two specific dates, which are the first and last dates on which applications (or amendments) for a particular purpose may be accepted for filing. In the case of a one-day window, the two dates are the same. The dates are made known to the public in advance.
(c) Procedures. Generally, the Commission may grant one application in a filing group of mutually exclusive applications and dismiss the other application(s) in the filing that are excluded by that grant, pursuant to § 1.945 of this chapter.
(1) Selection methods. In selecting the application to grant, the Commission will use competitive bidding.
(2) Dismissal of applications. The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under § 1.945 of this chapter, either before or after employing selection procedures.
(3) Type of filing group used. Except as otherwise provided in this part, the type of filing group used in the processing of two or more mutually exclusive applications depends upon the purpose(s) of the applications.
(i) If 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.
(ii) If all of the mutually exclusive applications filed on the earliest filing date are applications for initial authorization, a 30-day notice and cut-off filing group is used.
(4) Disposition. If there is only one application in any type of filing group, the Commission may grant that application and dismiss without prejudice any mutually exclusive applications not in the filing group. If there is more than one mutually exclusive application in a filing group, the Commission disposes of these applications as follows:
(i) Applications in a 30-day notice and cut-off filing group. (A) If all of the mutually exclusive applications in a 30-day notice and cut-off filing group are applications for initial authorization, the FCC administers competitive bidding procedures in accordance with §§ 22.201 through 22.227 and subpart Q of part 1 of this chapter, as applicable. After such procedures, the application of the successful bidder may be granted and the other applications may be dismissed without prejudice.
(B) If any of the mutually exclusive applications in a 30-day notice and cut-off filing group is an application for modification, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the FCC may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes all of the applications in the filing group.
(ii) Applications in a same-day filing group. If there are two or more mutually exclusive applications in a same-day filing group, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the Commission may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes of all of the applications in the filing group.
(iii) Applications in a window filing group. Applications in a window filing group are processed in accordance with the procedures for a 30-day notice and cut-off filing group in paragraph (c)(4)(ii) of this section.
(d) Terminology. For the purposes of this section, terms have the following meanings:
(1) The filing date of an application is the date on which that application was received in a condition acceptable for filing or the date on which the most recently filed major amendment to that application was received, whichever is later, excluding major amendments in the following circumstances:
(i) The major amendment reflects only a change in ownership or control found by the Commission to be in the public interest;
(ii) The major amendment as received is defective or otherwise found unacceptable for filing; or
(iii) The application being amended has been designated for hearing and the Commission or the presiding officer accepts the major amendment.
(2) An application for initial authorization is:
(i) Any application requesting an authorization for a new system or station;
(ii) Any application requesting authorization for an existing station to operate on an additional channel, unless the additional channel is for paired two-way radiotelephone operation, is in the same frequency range as the existing channel(s), and will be operationally integrated with the existing channel(s) such as by trunking;
(iii) Any application requesting authorization for a new transmitter at a location more than 2 kilometers (1.2 miles) from any existing transmitters of the applicant licensee on the requested channel or channel block; or
(iv) Any application to expand the Cellular Geographic Service Area of an existing Cellular system. See § 22.911.
(v) Any “short-form” application (filed on FCC Form 175) requesting a new paging geographic area authorization.
§ 22.143 Construction prior to grant of application.
Applicants may construct facilities in the Public Mobile services prior to grant of their applications, subject to the provisions of this section, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities in the Public Mobile Services.
(a) When applicants may begin construction. An applicant may begin construction of a facility 35 days after the date of the Public Notice listing the application for that facility as acceptable for filing.
(b) Notification to stop. If the FCC for any reason determines that construction should not be started or should be stopped while an application is pending, and so notifies the applicant, orally (followed by written confirmation) or in writing, the applicant must not begin construction or, if construction has begun, must stop construction immediately.
(c) Assumption of risk. Applicants that begin construction pursuant to this section before receiving an authorization do so at their own risk and have no recourse against the United States for any losses resulting from:
(1) Applications that are not granted;
(2) Errors or delays in issuing Public Notices;
(3) Having to alter, relocate or dismantle the facility; or
(4) Incurring whatever costs may be necessary to bring the facility into compliance with applicable laws, or FCC rules and orders.
(d) Conditions. Except as indicated, all pre-grant construction is subject to the following conditions:
(1) The application is not mutually exclusive with any other application, except for successful bidders and tentative selectees in the Cellular Radiotelephone Service;
(2) No petitions to deny the application have been filed;
(3) The application does not include a request for a waiver of one or more FCC rules;
(4) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of “no hazard,” and received antenna height clearance and obstruction marking and lighting specifications (FCC Form 854R) from the FCC for the proposed construction or alteration.
(5) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with §§ 1.1301 through 1.1319 of this chapter; and,
(6) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required.
§ 22.150 Standard pre-filing technical coordination procedure.
For operations on certain channels in the Public Mobile Services, carriers must attempt to coordinate the proposed use of spectrum with other spectrum users prior to filing an application for authority to operate a station. Rules requiring this procedure for specific channels and types of stations are contained in the subparts governing the individual Public Mobile Services.
(a) Coordination comprises two steps—notification and response. Each step may be accomplished orally or in writing.
(b) Notification must include relevant technical details of the proposal. At minimum, this should include the following:
(1) Geographical coordinates of the antenna site(s).
(2) Transmitting and receiving channels to be added or changed.
(3) Transmitting power, emission type and polarization.
(4) Transmitting antenna pattern and maximum gain.
(5) Transmitting antenna height above ground level.
(c) Applicants and licensees receiving notification must respond promptly, even if no channel usage conflicts are anticipated. If any notified party fails to respond within 30 days, the applicant may file the application without a response from that party.
(d) The 30-day period begins on the date the notification is submitted to the Commission via the ULS. If the notification is by mail, this date may be ascertained by:
(1) The return receipt on certified mail,
(2) The enclosure of a card to be dated and returned by the party being notified, or
(3) A reasonable estimate of the time required for the mail to reach its destination. In this case, the date when the 30-day period will expire must be stated in the notification.
(e) All channel usage conflicts discovered during the coordination process should be resolved prior to filing of the application. If the applicant is unable or unwilling to resolve a particular conflict, the application may be accepted for filing if it contains a statement describing the unresolved conflict and a brief explanation of the reasons why a resolution was not achieved.
(f) If a number of changes in the technical parameters of a proposed facility become necessary during the course of the coordination process, an attempt should be made to minimize the number of separate notifications. If the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified.
(g) In situations where subsequent changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. If the applicant believes a shorter response time is reasonable and appropriate, it should so indicate in the notice and suggest a response date.
(h) If a subsequent change in the technical parameters of a proposed facility could not affect the facilities of one or more of the parties that received an initial notification, the applicant is not required to coordinate that change with these parties. However, these parties must be advised of the change and of the opinion that coordination is not required.
§ 22.165 Additional transmitters for existing systems.
A licensee may operate additional transmitters at additional locations on the same channel or channel block as its existing system without obtaining prior Commission approval provided:
(a) International coordination. The locations and/or technical parameters of the additional transmitters are such that individual coordination of the channel assignment(s) with a foreign administration, under applicable international agreements and rules in this part, is not required.
(b) Antenna structure registration. Certain antenna structures must be registered with the Commission prior to construction or alteration. Registration requirements are contained in part 17 of this chapter.
(c) Environmental. The additional transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter.
(d) Paging and Radiotelephone Service. The provisions in this paragraph apply for stations in the Paging and Radiotelephone Service.
(1) The interfering contours of the additional transmitter(s) must be totally encompassed by the composite interfering contour of the existing station (or stations under common control of the applicant) on the same channel, except that this limitation does not apply to nationwide network paging stations or in-building radiation systems.
(2) [Reserved]
(3) The additional transmitters must not operate on control channels in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz frequency ranges.
(e) Cellular Radiotelephone Service. The service area boundaries (SABs) of the additional transmitters, as calculated by the method set forth in § 22.911(a), must not cause an expansion of the Cellular Geographic Service Area (CGSA), and must not extend outside the CGSA boundary into Unserved Area unless such extension is less than 130 contiguous square kilometers (50 contiguous square miles). The licensee must seek prior approval (using FCC Form 601) regarding any transmitters to be added under this section that would cause an expansion of the CGSA, or an SAB extension of 130 contiguous square kilometers (50 contiguous square miles) or more, into Unserved Area. See §§ 22.912, 22.953.
(f) Air-ground Radiotelephone Service. Ground stations may be added to Commercial Aviation air-ground systems at previously established ground station locations, pursuant to § 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 § 22.303.
§ 22.169 International coordination.
Operation of systems and channel assignments under this part are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico.
Competitive Bidding Procedures
Mutually exclusive initial applications for paging geographic area licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart and part 90 of this chapter.
§§ 22.203-22.211 [Reserved]
§ 22.213 Filing of long-form applications.
After an auction, the Commission will not accept long form applications for paging geographic authorizations from anyone other than the auction winners and parties seeking partitioned authorizations pursuant to agreements with auction winners under § 22.221.
§ 22.215 [Reserved]
§ 22.217 Bidding credit for small businesses.
A winning bidder that qualifies as a small business, as defined in § 22.223(b)(1), or a consortium of small businesses may use a bidding credit of thirty-five (35) percent to lower the cost of its winning bid. A winning bidder that qualifies as a small business, as defined in § 22.223(b)(2), or consortium of small businesses may use a bidding credit of twenty-five (25) percent to lower the cost of its winning bid.
§ 22.221 Eligibility for partitioned licenses.
If partitioned licenses are being applied for in conjunction with a license(s) to be awarded through competitive bidding procedures—
(a) The applicable procedures for filing short-form applications and for submitting upfront payments and down payments contained in this chapter shall be followed by the applicant, who must disclose as part of its short-form application all parties to agreement(s) with or among other entities to partition the license pursuant to this section, if won at auction (see 47 CFR 1.2105(a)(2)(viii));
(b) Each party to an agreement to partition the authorization must file a long-form application (FCC Form 601) for its respective, mutually agreed-upon geographic area together with the application for the remainder of the MEA or EA filed by the auction winner.
(c) If the partitioned authorization is being applied for as a partial assignment of the MEA or EA authorization following grant of the initial authorization, request for authorization for partial assignment of an authorization shall be made pursuant to § 1.948 of this part.
§ 22.223 Designated entities.
(a) Scope. The definitions in this section apply to §§ 22.201 through 22.227, unless otherwise specified in those sections.
(b) A small business is an entity that either:
(1) Together with its affiliates and controlling interests has average gross revenues that are not more than $3 million for the preceding three years; or
(2) Together with its affiliates and controlling interests has average gross revenues that are not more than $15 million for the preceding three years.
§ 22.225 Certifications, disclosures, records maintenance, and definitions.
(a) Records maintenance. All winning bidders qualifying as small businesses shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any documents necessary to establish small businesses under § 22.223. Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier.
(b) Definition. The term small business used in this section is defined in § 22.223.
§ 22.227 Petitions to deny and limitations on settlements.
(a) Procedures regarding petitions to deny long-form applications in the paging service will be governed by § 1.939 of this chapter.
(b) The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw an application or petition to deny will be limited by the provisions set forth in § 1.935 of this chapter.
§ 22.229 Designated entities.
(a) Eligibility for small business provisions. (1) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $3 million for the preceding three years.
(2) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years.
(3) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years.
(b) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter.
Subpart C—Operational and Technical Requirements
Operational Requirements
§ 22.301 [Reserved]
§ 22.303 [Reserved]
§ 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.
§ 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.
§ 22.313 Station identification.
The licensee of each station in the Public Mobile Services must ensure that the transmissions of that station are identified in accordance with the requirements of this section.
(a) Station identification is not required for transmission by:
(1) Stations in the Cellular Radiotelephone Service;
(2) General aviation ground stations in the Air-ground Radiotelephone Service;
(3) [Reserved]
(4) Stations using Basic Exchange Telephone Radio Systems in the Rural Radiotelephone Service;
(5) [Reserved]
(6) Stations operating pursuant to paging geographic area authorizations.
(b) For all other stations in the Public Mobile Services, station identification must be transmitted each hour within five minutes of the hour, or upon completion of the first transmission after the hour. Transmission of station identification may be temporarily delayed to avoid interrupting the continuity of any public communication in progress, provided that station identification is transmitted at the conclusion of that public communication.
(c) Station identification must be transmitted by telephony using the English language or by telegraphy using the international Morse code, and in a form that can be received using equipment appropriate for the modulation type employed, and understood without the use of unscrambling devices, except that, alternatively, station identification may be transmitted digitally, provided that the licensee provides the Commission with information sufficient to decode the digital transmission to ascertain the call sign. Station identification comprises transmission of the call sign assigned by the Commission to the station, however, the following may be used in lieu of the call sign.
(1) For transmission from subscriber operated transmitters, the telephone number or other designation assigned by the carrier, provided that a written record of such designations is maintained by the carrier;
(2) For general aviation airborne mobile stations in the Air-Ground Radiotelephone Service, the official FAA registration number of the aircraft;
(3) For stations in the Paging and Radiotelephone Service, a call sign assigned to another station within the same system.
§ 22.321 [Reserved]
§ 22.325 [Reserved]
Technical Requirements
§ 22.351 Channel assignment policy.
The channels allocated for use in the Public Mobile Services are listed in the applicable subparts of this part. Channels and channel blocks are assigned in such a manner as to facilitate the rendition of service on an interference-free basis in each service area. Except as otherwise provided in this part, each channel or channel block is assigned exclusively to one licensee in each service area. All applicants for, and licensees of, stations in the Public Mobile Services shall cooperate in the selection and use of channels in order to minimize interference and obtain the most efficient use of the allocated spectrum.
§ 22.352 Protection from interference.
Public Mobile Service stations operating in accordance with applicable FCC rules and the terms and conditions of their authorizations are normally considered to be non-interfering. If the FCC determines, however, that interference that significantly interrupts or degrades a radio service is being caused, it may, in accordance with the provisions of sections 303(f) and 316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f), 316), require modifications to any Public Mobile station as necessary to eliminate such interference.
(a) Failure to operate as authorized. Any licensee causing interference to the service of other stations by failing to operate its station in full accordance with its authorization and applicable FCC rules shall discontinue all transmissions, except those necessary for the immediate safety of life or property, until it can bring its station into full compliance with the authorization and rules.
(b) Intermodulation interference. Licensees should attempt to resolve such interference by technical means.
(c) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations:
(1) Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve such interference by technical means or operating arrangements.
(2) Inteference to mobile receivers from mobile transmitters. No protection is provided against mobile-to-mobile interference.
(3) Interference to base receivers from mobile transmitters. No protection is provided against mobile-to-base interference.
(4) Interference to fixed stations. Licensees should attempt to resolve such interference by technical means or operating arrangements.
(5) Anomalous or infrequent propagation modes. No protection is provided against interference caused by tropospheric and ionospheric propagation of signals.
(6) Facilities for which the Commission is not notified. No protection is provided against interference to the service of any additional or modified transmitter operating pursuant to § 1.929 or § 22.165, unless and until the licensee modifies its authorization using FCC Form 601.
(7) In-building radiation systems. No protection is provided against interference to the service of in-building radiation systems (see § 22.383).
§ 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 dBµV/m. To determine the radial distance to the boundary of this area, the following formula must be used:
(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.
§ 22.355 Frequency tolerance.
Except as otherwise provided in this part, the carrier frequency of each transmitter in the Public Mobile Services must be maintained within the tolerances given in Table C-1 of this section.
Table C-1—Frequency Tolerance for Transmitters in the Public Mobile Services
| Frequency range (MHz) | Base, fixed (ppm) | Mobile >3 watts (ppm) | Mobile ≤3 watts (ppm) |
|---|---|---|---|
| 25 to 50 | 20.0 | 20.0 | 50.0 |
| 50 to 450 | 5.0 | 5.0 | 50.0 |
| 450 to 512 | 2.5 | 5.0 | 5.0 |
| 821 to 896 | 1.5 | 2.5 | 2.5 |
| 928 to 929 | 5.0 | n/a | n/a |
| 929 to 960 | 1.5 | n/a | n/a |
| 2110 to 2220 | 10.0 | n/a | n/a |
§ 22.357 Emission types.
Any authorized station in the Public Mobile Services may transmit emissions of any type(s) that comply with the applicable emission rule, i.e. § 22.359, § 22.861 or § 22.917.
§ 22.359 Emission limitations.
The rules in this section govern the spectral characteristics of emissions in the Public Mobile Services, except for the Air-Ground Radiotelephone Service (see § 22.861, instead) and the Cellular Radiotelephone Service (see § 22.917, instead).
(a) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent to the authorized frequency range or channel, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in the Public Mobile Services may establish an alternative out of band emission limit to be used at specified frequencies (band edges) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a transmitter operating in any of the Public Mobile Services results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section.
Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety.
§ 22.377 Certification of transmitters.
Transmitters used in the Public Mobile Services, including those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. The FCC may list as certificated only transmitters that are capable of meeting all technical requirements of the rules governing the service in which they will operate. The procedure for obtaining certification is set forth in part 2 of this chapter.
§ 22.379 RF exposure.
Licensees and manufacturers shall ensure compliance with the Commission’s radio frequency exposure requirements in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request.
§ 22.383 In-building radiation systems.
Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee’s authorized transmitter(s) on the same channel or channel block.
Subpart D [Reserved]
Subpart E—Paging and Radiotelephone Service
§ 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.
The FCC considers applications for and issues paging geographic area authorizations in the Paging and Radiotelephone Service in accordance with the rules in this section. Each paging geographic area authorization contains conditions requiring compliance with paragraphs (h) and (i) of this section.
(a) Channels. The FCC may issue a paging geographic area authorization for any channel listed in § 22.531 of this part or for any channel pair listed in § 22.561 of this part.
(b) Paging geographic areas. The paging geographic areas are as follows:
(1) The Nationwide paging geographic area comprises the District of Columbia and all States, Territories and possessions of the United States of America.
(2) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined below. EAs are defined by the Department of Commerce, Bureau of Economic Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114 (March 10, 1995). MEAs are based on EAs. In addition to the Department of Commerce’s 172 EAs, the FCC shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, and American Samoa, which have been assigned FCC-created EA numbers 173-175, respectively, and MEA numbers 49-51, respectively.
(3) The 51 MEAs are composed of one or more EAs as defined in the following table:
| MEAs | EAs |
|---|---|
| 1 (Boston) | 1-3. |
| 2 (New York City) | 4-7, 10. |
| 3 (Buffalo) | 8. |
| 4 (Philadelphia) | 11-12. |
| 5 (Washington) | 13-14. |
| 6 (Richmond) | 15-17, 20. |
| 7 (Charlotte-Greensboro-Greenville-Raleigh) | 18-19, 21-26, 41-42, 46. |
| 8 (Atlanta) | 27-28, 37-40, 43. |
| 9 (Jacksonville) | 29, 35. |
| 10 (Tampa-St. Petersburg-Orlando) | 30, 33-34. |
| 11 (Miami) | 31-32. |
| 12 (Pittsburgh) | 9, 52-53. |
| 13 (Cincinnati-Dayton) | 48-50. |
| 14 (Columbus) | 51. |
| 15 (Cleveland) | 54-55. |
| 16 (Detroit) | 56-58, 61-62. |
| 17 (Milwaukee) | 59-60, 63, 104-105, 108. |
| 18 (Chicago) | 64-66, 68, 97, 101. |
| 19 (Indianapolis) | 67. |
| 20 (Minneapolis-St. Paul) | 106-107, 109-114, 116. |
| 21 (Des Moines-Quad Cities) | 100, 102-103, 117. |
| 22 (Knoxville) | 44-45. |
| 23 (Louisville-Lexington-Evansville) | 47, 69-70, 72. |
| 24 (Birmingham) | 36, 74, 78-79. |
| 25 (Nashville) | 71. |
| 26 (Memphis-Jackson) | 73, 75-77. |
| 27 (New Orleans-Baton Rouge) | 80-85. |
| 28 (Little Rock) | 90-92, 95. |
| 29 (Kansas City) | 93, 99, 123. |
| 30 (St. Louis) | 94, 96, 98. |
| 31 (Houston) | 86-87, 131. |
| 32 (Dallas-Fort Worth) | 88-89, 127-130, 135, 137-138. |
| 33 (Denver) | 115, 140-143. |
| 34 (Omaha) | 118-121. |
| 35 (Wichita) | 122. |
| 36 (Tulsa) | 124. |
| 37 (Oklahoma City) | 125-126. |
| 38 (San Antonio) | 132-134. |
| 39 (El Paso-Albuquerque) | 136, 139, 155-157. |
| 40 (Phoenix) | 154, 158-159. |
| 41 (Spokane-Billings) | 144-147, 168. |
| 42 (Salt Lake City) | 148-150, 152. |
| 43 (San Francisco-Oakland-San Jose) | 151, 162-165. |
| 44 (Los Angeles-San Diego) | 153, 160-161. |
| 45 (Portland) | 166-167. |
| 46 (Seattle) | 169-170. |
| 47 (Alaska) | 171. |
| 48 (Hawaii) | 172. |
| 49 (Guam and the Northern Mariana Islands) | 173. |
| 50 (Puerto Rico and U.S. Virgin Islands) | 174. |
| 51 (American Samoa) | 175. |
(c) Availability. The FCC may determine whether to issue a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area. The FCC may replace existing site specific authorizations for facilities on a channel or channel pair located in a paging geographic area with a paging geographic area authorization for that channel or channel pair, if in its sole discretion, the FCC determines that the public interest would be served by such replacement.
(d) Filing windows. The FCC accepts applications for paging geographic area authorizations only during filing windows. The FCC issues Public Notices announcing in advance the dates of the filing windows, and the specific paging geographic areas and channels for which applications may be accepted.
(e) One grant per geographic area. The FCC may grant one and only one application for a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area defined in paragraph (b) of this section. Selection from among mutually exclusive applications for a paging geographic area authorization will be made in accordance with the procedures in §§ 22.131 and 22.200 through 22.299. If after the selection process but prior to filing a “long form” application, a successful bidder decides to partition the paging geographic area, the FCC may require and accept multiple “long form” applications from the consortium members.
(f) Exclusive right to expand. During the term of a paging geographic area authorization, the FCC does not accept, from anyone other than the paging geographic area licensee, any major application for authorization to operate a facility that would serve unserved area within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, unless any extension of the interfering contour of the proposed facility falls:
(1) Within the composite interfering contour of another licensee; or,
(2) Into unserved area and the paging geographic area licensee consents to such extension.
(g) Subsequent applications not accepted. During the term of a paging geographic area authorization, the FCC does not accept any application for authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations:
(1) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by § 1.1307 of this chapter. See § 22.115(a)(5).
(2) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. See § 22.169.
(3) The paging geographic area licensee or another licensee of a system within the paging geographic area applies to assign its authorization or for FCC consent to a transfer of control.
(h) Adjacent geographic area coordination required. Before constructing a facility for which the interfering contour (as defined in § 22.537 or § 22.567 of this part, as appropriate for the channel involved) would extend into another paging geographic area, a paging geographic area licensee must obtain the consent of the relevant co-channel paging geographic area licensee, if any, into whose area the interfering contour would extend. Licensees are expected to cooperate fully and in good faith attempt to resolve potential interference problems before bringing matters to the FCC. In the event that there is no co-channel paging geographic area licensee from whom to obtain consent in the area into which the interfering contour would extend, the facility may be constructed and operated subject to the condition that, at such time as the FCC issues a paging geographic area authorization for that adjacent geographic area, either consent must be obtained or the facility modified or eliminated such that the interfering contour no longer extends into the adjacent geographic area.
(i) Protection of existing service. All facilities constructed and operated pursuant to a paging geographic area authorization must provide co-channel interference protection in accordance with § 22.537 or § 22.567, as appropriate for the channel involved, to all authorized co-channel facilities of exclusive licensees within the paging geographic area. Non-exclusive licensees on the thirty-five exclusive 929 MHz channels are not entitled to exclusive status, and will continue to operate under the sharing arrangements established with the exclusive licensees and other non-exclusive licensees that were in effect prior to February 19, 1997. MEA, EA, and nationwide geographic area licensees have the right to share with non-exclusive licensees on the thirty-five exclusive 929 MHz channels on a non-interfering basis.
(j) Site location restriction. The transmitting antenna of each facility constructed and operated pursuant to a paging geographic area authorization must be located within the paging geographic area specified in the authorization.
(k) Coverage requirements. Failure by an MEA or EA licensee to meet either the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, will result in automatic termination of authorizations for those facilities that were not authorized, constructed, and operating at the time the geographic area authorization was granted. MEA and EA licensees have the burden of showing when their facilities were authorized, constructed, and operating, and should retain necessary records of these sites until coverage requirements are fulfilled. For the purpose of this paragraph, to “cover” area means to include geographic area within the composite of the service contour(s) determined by the methods of § 22.537 or § 22.567 as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both.
(1) No later than three years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC at the end of the three-year period pursuant to § 1.946 of this chapter, either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section.
(2) No later than five years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two thirds of the population in the paging geographic area. The licensee must notify the FCC at the end of the five year period pursuant to § 1.946 of this chapter, either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section.
(3) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. “Substantial service” means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal.
§ 22.507 Number of transmitters per station.
This section concerns the number of transmitters licensed under each station authorization in the Paging and Radiotelephone Service, other than paging geographic area authorizations.
(a) Operationally related transmitters. Each station must have at least one transmitter. There is no limit to the number of transmitters that a station may comprise. However, transmitters within a station should be operationally related and/or should serve the same general geographical area. Operationally related transmitters are those that operate together as a system (e.g., trunked systems, simulcast systems), rather than independently.
(b) Split of large systems. The FCC may split wide-area systems into two or more stations for administrative convenience. Except for nationwide paging and other operationally related transmitters, transmitters that are widely separated geographically are not licensed under a single authorization.
(c) Consolidation of separate stations. The FCC may consolidate site-specific contiguous authorizations upon request (FCC Form 601) of the licensee, if appropriate under paragraph (a) of this section. Paging licensees may include remote, stand-alone transmitters under the single system-wide authorization, if the remote, stand-alone transmitter is linked to the system via a control/repeater facility or by satellite. Including a remote, stand-alone transmitter in a system-wide authorization does not alter the limitations provided under § 22.503(f) on entities other than the paging geographic area licensee. In the alternative, paging licensees may maintain separate site-specific authorizations for stand-alone or remote transmitters. The earliest expiration date of the authorizations that make up the single system-wide authorization will determine the expiration date for the system-wide authorization. Licensees must file timely renewal applications for site-specific authorizations included in a single system-wide authorization request until the request is approved. Renewal of the system-wide authorization will be subject to § 1.949 of this chapter.
(d) Replacement of site-by-site authorizations with single authorization. After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization.
§ 22.509 Procedures for mutually exclusive applications in the Paging and Radiotelephone Service.
Mutually exclusive applications in the Paging and Radiotelephone Service, including those that are mutually exclusive with applications in the Rural Radiotelephone Service, are processed in accordance with § 22.131 and with this section.
(a) Applications in the Paging and Radiotelephone Service may be mutually exclusive with applications in the Rural Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567.
(b) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4).
§ 22.511 Construction period for the Paging and Radiotelephone Service.
The construction period for stations in the Paging and Radiotelephone Service is one year.
§ 22.513 Partitioning and disaggregation.
MEA and EA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. Nationwide geographic area licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time as of August 23, 1999.
(a) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter.
(b) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the authorized geographic service area. The partitioned service area shall be defined by 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation.
(e) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee’s license term as provided for in § 1.955 of this chapter.
§ 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.
§ 22.527 Signal boosters.
Licensees may install and operate signal boosters on channels listed in § 22.531 only in accordance with the provisions of § 22.165 governing additional transmitters for existing systems. Licensees must not allow any signal booster that they operate to cause interference to the service or operation of any other authorized stations or systems.
§ 22.529 Application requirements for the Paging and Radiotelephone Service.
In addition to information required by subparts B and D of this part, applications for authorization in the Paging and Radiotelephone Service contain required information as described in the instructions to the form. Site coordinates must be referenced to NAD83 and be correct to + −1 second.
(a) Administrative information. The following information, associated with Form 601, is required as indicated. Each application of any type, including applications for paging geographic area authorizations, must contain one and only one Schedule A.
(1) The purpose of the filing is required for each application of any type.
(2) The geographic area designator, channel and geographic area name are required only for each application for a paging geographic area authorization.
(3) The FCC control point number, if any, the location (street address, city or town, state), the telephone number and an indication of the desired database action are required only for each application proposing to add or delete a control point.
(4) The FCC location number, file number and location (street address, city or town, state) of authorized facilities that have not been constructed are required only for each application requesting an extension of time to construct those facilities.
(b) Technical data. The following data, associated with FCC Form 601, are required as indicated for each application. Applications for a paging geographic area authorization must not contain Schedule B. Other type of applications may contain as many Schedule Bs as are necessary for the intended purpose.
(1) For each transmitting antenna site to be added, deleted or modified, the following are required: an indication of the desired database action, the Commission location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographic coordinates (latitude and longitude), correct to ±1 second, of the transmitting antenna site (NAD83), and in the case of a proposed relocation of a transmitting antenna, the Commission location number and geographic coordinates, correct to ±1 second, of the transmitting antenna site (NAD83) to which the geographic coordinates of the current location are referenced.
(2) For each transmitting antenna site to be added, deleted or modified, the following supplementary information is required: An indication as to whether or not the transmitting antenna site is within 200 kilometers (124 miles) of the U.S.-Mexico border, and an indication as to whether or not the transmitting antenna site is North of Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chapter. For each adjacent geographic area within 200 kilometers (124 miles) of each transmitting antenna site to be added, deleted or modified, the geographic area designator and name, and the shortest distance (in kilometers) to the boundary of that geographic area.
(3) The height (in meters) above average terrain of the center of radiation of the antenna, the beamwidth of the main lobe of the horizontal radiation pattern of the electric field of the antenna, the height (in meters) to the tip of the antenna above ground level, a polar plot of the horizontal gain pattern of the antenna, the antenna gain in the maximum lobe and the electric field polarization of the wave emitted by the antenna when installed as proposed.
(i) The center frequency of the requested channel, the transmitter classification (e.g. base, fixed mobile), the designator for any non-standard emission type to be used, including bandwidth and modulation type, and the maximum effective radiated power.
(ii) For each of the eight cardinal radials, the antenna height above the average elevation along the radial, and the effective radiated power of each transmitter in the direction of the radial.
(iii) For each transmitter proposed to transmit on a channel reserved for point-to-multipoint operation involving transmission to four or more points of communications (i.e. base transmitters), the following is required for each point of communication: an indication of the desired database action, the location (city or town, state), and the geographical coordinates (latitude and longitude, NAD 83).
(c) Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification.
Paging Operation
§ 22.531 Channels for paging operation.
The following channels are allocated for assignment to base transmitters that provide paging service, either individually or collectively under a paging geographic area authorization. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz.
| Low VHF Channels | |||
| 35.20 | 35.46 | 43.20 | 43.46 |
| 35.22 | 35.50 | 43.22 | 43.50 |
| 35.24 | 35.54 | 43.24 | 43.54 |
| 35.26 | 35.56 | 43.26 | 43.56 |
| 35.30 | 35.58 | 43.30 | 43.58 |
| 35.34 | 35.60 | 43.34 | 43.60 |
| 35.38 | 35.62 | 43.38 | 43.62 |
| 35.42 | 35.66 | 43.42 | 43.66 |
| High VHF Channels | |||
| 152.24 | 152.84 | 158.10 | 158.70 |
| UHF Channels | |||
| 931.0125 | 931.2625 | 931.5125 | 931.7625 |
| 931.0375 | 931.2875 | 931.5375 | 931.7875 |
| 931.0625 | 931.3125 | 931.5625 | 931.8125 |
| 931.0875 | 931.3375 | 931.5875 | 931.8375 |
| 931.1125 | 931.3625 | 931.6125 | 931.8625 |
| 931.1375 | 931.3875 | 931.6375 | 931.8875 |
| 931.1625 | 931.4125 | 931.6625 | 931.9125 |
| 931.1875 | 931.4375 | 931.6875 | 931.9375 |
| 931.2125 | 931.4625 | 931.7125 | 931.9625 |
| 931.2375 | 931.4875 | 931.7375 | 931.9875 |
(a)-(b) [Reserved]
(c) Upon application using FCC Form 601, common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter.
(d) Occasionally in case law and other formal and informal documents, the low VHF channels have been referred to as “lowband” channels, and the high VHF channels have been referred to as “guardband” channels.
(e) Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as amended, only the following UHF channels may be assigned in the continental United States North of Line A or in the State of Alaska East of Line C, within the indicated longitudes:
(1) From longitude W.73° to longitude W.75° and from longitude W.78° to longitude W.81°:
| 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° to longitude W.85°:
| 931.0125 | 931.2125 | 931.3875 | 931.5875 |
| 931.0375 | 931.2375 | 931.4125 | 931.6125 |
| 931.0625 | 931.2625 | 931.4625 | 931.6375 |
| 931.1125 | 931.2875 | 931.4875 | 931.8625 |
| 931.1375 | 931.3125 | 931.5125 | |
| 931.1625 | 931.3375 | 931.5375 | |
| 931.1875 | 931.3625 | 931.5625 |
(3) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this section:
| 931.0125 | 931.1625 | 931.2875 | 931.4125 |
| 931.0375 | 931.1875 | 931.3125 | 931.4625 |
| 931.0625 | 931.2125 | 931.3375 | 931.8625 |
| 931.1125 | 931.2375 | 931.3625 | |
| 931.1375 | 931.2625 | 931.3875 |
(4) At any longitude, with authorization condition requiring coordinated, shared use and equal access by licensees in both countries:
| 931.4375 | 931.8875 | 931.9125 | 931.9375 |
(f) For the purpose of issuing paging geographic authorizations, the paging geographic areas used for UHF channels are the MEAs, and the paging geographic areas used for the low and high VHF channels are the EAs (see § 22.503(b)).
§ 22.535 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the channels listed in § 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.
| Frequency range (MHz) | Maximum ERP (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 § 22.537 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water.
(d) Encompassed interfering contour areas. Transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel base transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers.
(e) Adjacent channel protection. The ERP of transmitters must not exceed 500 Watts if they:
(1) Transmit on a channel in the 152-159 MHz frequency range and are located less than 5 kilometers (3.1 miles) from any station licensed in the Private Radio Services that receives on an adjacent channel; or,
(2) Transmit on channel 158.10 or 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station licensed in the Public Mobile Services that receives on either of the following adjacent channels: 158.07 MHz or 158.67 MHz.
(f) Signal boosters. The effective radiated power of signal boosters must not exceed 5 watts ERP under any normal operating condition.
§ 22.537 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria for the channels listed in § 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:
(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° 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:
(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° intervals.
(e) 931 MHz service contour. For paging stations transmitting on the 931 MHz channels, the service contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-1 of this section.
Table E—1-931 MHz Paging Service Radii
| Service radius km (miles) | Effective radiated power (Watts) | |||||
|---|---|---|---|---|---|---|
| Antenna HAAT meters (feet) | 0-125 | 126-250 | 251-500 | 501-1000 | 1001-1860 | 1861-3500 |
| 0-177 | 32.2 (20) | 32.2 (20) | 32.2 (20) | 32.2 (20) | 32.2 (20) | 32.2 (20) |
| (0-581) | ||||||
| 178-305 | 32.2 (20) | 32.2 (20) | 32.2 (20) | 32.2 (20) | 37.0 (23) | 41.8 (26) |
| (582-1001) | ||||||
| 306-427 | 32.2 (20) | 32.2 (20) | 37.0 (23) | 41.8 (26) | 56.3 (35) | 56.3 (35) |
| (1002-1401) | ||||||
| 428-610 | 32.2 (20) | 37.0 (23) | 41.8 (26) | 56.3 (35) | 56.3 (35) | 56.3 (35) |
| (1402-2001) | ||||||
| 611-861 | 37.0 (23) | 41.8 (26) | 41.8 (26) | 56.3 (35) | 83.7 (52) | 83.7 (52) |
| (2002-2825) | ||||||
| 862-1219 | 41.8 (26) | 56.3 (35) | 56.3 (35) | 83.7 (52) | 83.7 (52) | 83.7 (52) |
| (2826-3999) | ||||||
| 1220 + | 56.3 (35) | 56.3 (35) | 83.7 (52) | 83.7 (52) | 83.7 (52) | 83.7 (52) |
| (4000 + ) | ||||||
(f) 931 MHz interfering contour. For paging stations transmitting on the 931 MHz channels, the interfering contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-2 of this section.
Table E—2-931 MHz Paging Interfering Radii
| Interfering radius km (miles) | Effective radiated power (Watts) | |||||
|---|---|---|---|---|---|---|
| Antenna HAAT meters (feet) | 0-125 | 126-250 | 251-500 | 501-1000 | 1001-1860 | 1861-3500 |
| 0-177 | 80.5 (50) | 80.5 (50) | 80.5 (50) | 80.5 (50) | 80.5 (50) | 80.5 (50) |
| (0-581) | ||||||
| 178-305 | 80.5 (50) | 80.5 (50) | 80.5 (50) | 80.5 (50) | 88.5 (55) | 96.6 (60) |
| (582-1001) | ||||||
| 306-427 | 80.5 (50) | 80.5 (50) | 88.5 (55) | 96.6 (60) | 130.4 (81) | 130.4 (81) |
| (1002-1401) | ||||||
| 428-610 | 80.5 (50) | 88.5 (55) | 96.6 (60) | 130.4 (81) | 130.4 (81) | 130.4 (81) |
| (1402-2001) | ||||||
| 611-861 | 88.5 (55) | 96.6 (60) | 96.6 (60) | 130.4 (81) | 191.5 (119) | 191.5 (119) |
| (2002-2825) | ||||||
| 862-1219 | 96.6 (60) | 130.4 (81) | 130.4 (81) | 191.5 (119) | 191.5 (119) | 191.5 (119) |
| (2826-3999) | ||||||
| 1220 + | ||||||
| (4000 + ) | 130.4 (81) | 130.4 (81) | 191.5 (119) | 191.5 (119) | 191.5 (119) | 191.5 (119) |
(g) In-building radiation systems. The locations of in-building radiation systems must be within the service contour(s) of the licensee’s authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours.
(h) Signal boosters on 931 MHz channels. For the purpose of compliance with § 22.165 and notwithstanding paragraphs (e) and (f) of this section, signal boosters operating on the 931 MHz channels with an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering contour a circle with a radius of 10 kilometers (6.2 miles).
§ 22.559 Paging application requirements.
In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 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 § 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
§ 22.561 Channels for one-way or two-way mobile operation.
The following channels are allocated for paired assignment to transmitters that provide (or support other transmitters that provide) one-way or two-way public land mobile service, either individually or collectively under a paging geographic area authorization. The paging geographic areas used for these channels are the EAs (see § 22.503(b)(3)). These channels may be assigned for use by mobile or base transmitters as indicated, and or by fixed transmitters (including control, repeater or other fixed transmitters). The mobile channels may also be assigned for use by base or fixed transmitters under certain circumstances (see § 22.567(h)). Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz.
| Base | Mobile | Base | Mobile |
|---|---|---|---|
| 152.03 | 158.49 | 152.57 | 157.83 |
| 152.06 | 158.52 | 152.60 | 157.86 |
| 152.09 | 158.55 | 152.63 | 157.89 |
| 152.12 | 158.58 | 152.66 | 157.92 |
| 152.15 | 158.61 | 152.69 | 157.95 |
| 152.18 | 158.64 | 152.72 | 157.98 |
| 152.21 | 158.67 | 152.75 | 158.01 |
| 152.51 | 157.77 | 152.78 | 158.04 |
| 152.54 | 157.80 | 152.81 | 158.07 |
| 454.025 | 459.025 | 454.350 | 459.350 |
| 454.050 | 459.050 | 454.375 | 459.375 |
| 454.075 | 459.075 | 454.400 | 459.400 |
| 454.100 | 459.100 | 454.425 | 459.425 |
| 454.125 | 459.125 | 454.450 | 459.450 |
| 454.150 | 459.150 | 454.475 | 459.475 |
| 454.175 | 459.175 | 454.500 | 459.500 |
| 454.200 | 459.200 | 454.525 | 459.525 |
| 454.225 | 459.225 | 454.550 | 459.550 |
| 454.250 | 459.250 | 454.575 | 459.575 |
| 454.275 | 459.275 | 454.600 | 459.600 |
| 454.300 | 459.300 | 454.625 | 459.625 |
| 454.325 | 459.325 | 454.650 | 459.650 |
§ 22.565 Transmitting power limits.
The transmitting power of base, mobile and fixed transmitters operating on the channels listed in § 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.
| Frequency range (MHz) | Maximum ERP (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 § 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.
§ 22.567 Technical channel assignment criteria.
The rules in this section establish technical assignment criteria for the channels listed in § 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 § 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:
(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° 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:
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:
(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° 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:
(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° 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:
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:
(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° 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:
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 § 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.
§ 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.
§ 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.
§ 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 § 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.
§ 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.
§ 22.589 One-way or two-way application requirements.
In addition to information required by subparts B and D and § 22.529, applications for authorization to operate a paging transmitter on the channels listed in § 22.531, other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section.
(a) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 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 § 22.565. This encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section.
Point-to-Point Operation
§ 22.591 Channels for point-to-point operation.
The following channels are allocated for assignment to fixed transmitters that support other transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz.
| VHF Channels | |||
| 72.02 | 72.36 | 72.80 | 75.66 |
| 72.04 | 72.38 | 72.82 | 75.68 |
| 72.06 | 72.40 | 72.84 | 75.70 |
| 72.08 | 72.42 | 72.86 | 75.72 |
| 72.10 | 72.46 | 72.88 | 75.74 |
| 72.12 | 72.50 | 72.90 | 75.76 |
| 72.14 | 72.54 | 72.92 | 75.78 |
| 72.16 | 72.58 | 72.94 | 75.80 |
| 72.18 | 72.62 | 72.96 | 75.82 |
| 72.20 | 72.64 | 72.98 | 75.84 |
| 72.22 | 72.66 | 75.42 | 75.86 |
| 72.24 | 72.68 | 75.46 | 75.88 |
| 72.26 | 72.70 | 75.50 | 75.90 |
| 72.28 | 72.72 | 75.54 | 75.92 |
| 72.30 | 72.74 | 75.58 | 75.94 |
| 72.32 | 72.76 | 75.62 | 75.96 |
| 72.34 | 72.78 | 75.64 | 75.98 |
| 72.10 | 72.46 | 72.88 | 75.74 |
| 72.12 | 72.50 | 72.90 | 75.76 |
| 72.14 | 72.54 | 72.92 | 75.78 |
| 72.16 | 72.58 | 72.94 | 75.80 |
| 72.18 | 72.62 | 72.96 | 75.82 |
| 72.20 | 72.64 | 72.98 | 75.84 |
| 72.22 | 72.66 | 75.42 | 75.86 |
| 72.24 | 72.68 | 75.46 | 75.88 |
| 72.26 | 72.70 | 75.50 | 75.90 |
| 72.28 | 72.72 | 75.54 | 75.92 |
| 72.30 | 72.74 | 75.58 | 75.94 |
| 72.32 | 72.76 | 75.62 | 75.96 |
| 72.34 | 72.78 | 75.64 | 75.98 |
| UHF Channels—State of Hawaii | |||
| 488.250 | 491.250 | 489.750 | 492.750 |
| 488.750 | 491.750 | 490.250 | 493.250 |
| 489.250 | 492.250 | 490.750 | 493.750 |
(a) The 72-76 MHz channels may be used in point-to-multipoint configurations. The 72-76 MHz channels are also allocated for assignment in the Private Radio Services (see part 90 of this chapter).
(b) [Reserved]
(c) Channels in the frequency ranges 488.250-490.750 and 491.250-493.750 MHz may be assigned only to inter-island fixed stations located in the State of Hawaii.
§ 22.593 Effective radiated power limits.
The effective radiated power of fixed stations operating on the channels listed in § 22.591 must not exceed 150 Watts. The equivalent isotropically radiated power of existing fixed microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) must not exceed the applicable limits set forth in § 101.113 of this chapter.
§ 22.601 Existing microwave stations licensed under this part.
Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) are subject to the transition rules in § 22.602. No new microwave systems will be authorized under this part.
(a) Coordination required. Before filing applications for authority to modify existing stations on these channels or major amendments to such applications, carriers must coordinate the planned channel usage, using the procedure outlined in § 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.
§ 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies.
The 2110-2130 and 2160-2180 MHz microwave channels formerly listed in § 22.591 have been re-allocated for use by emerging technologies (ET) services. No new systems will be authorized under this part. The rules in this section provide for a transition period during which existing Paging and Radiotelephone Service (PARS) licensees using these channels may relocate operations to other media or to other fixed channels, including those in other microwave bands. For PARS licensees relocating operations to other microwave bands, authorization must be obtained under part 101 of this chapter.
(a) Licensees proposing to implement ET services may negotiate with PARS licensees authorized to use these channels, for the purpose of agreeing to terms under which the PARS licensees would—
(1) Relocate their operations to other fixed microwave bands or other media, or alternatively,
(2) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the PARS operations.
(b) [Reserved]
(c) Relocation of fixed microwave licensees in the 2110-2130 MHz and 2160-2180 MHz bands will be subject to mandatory negotiations only. A separate mandatory negotiation period will commence for each fixed microwave licensee when an ET licensee informs that fixed microwave licensee in writing of its desire to negotiate. Mandatory negotiation periods are defined as follows:
(1) Non-public safety incumbents will have a two-year mandatory negotiation period; and
(2) Public safety incumbents will have a three-year mandatory negotiation period.
(d) The mandatory negotiation period is triggered at the option of the ET licensee. Once mandatory negotiations have begun, a PARS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors:
(1) Whether the ET licensee has made a bona fide offer to relocate the PARS licensee to comparable facilities in accordance with Section 101.75(b) of this chapter;
(2) If the PARS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two);
(3) What steps the parties have taken to determine the actual cost of relocation to comparable facilities;
(4) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee.
(e) Involuntary period. After the end of the mandatory negotiation period, ET licensees may initiate involuntary relocation procedures under the Commission’s rules. ET licensees are obligated to pay to relocate only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, a PARS licensee is required to relocate, provided that:
(1) The ET applicant, provider, licensee or representative guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the PARS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay PARS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by PARS licensees during the voluntary or mandatory periods once the involuntary period is initiated or for fees that cannot be legitimately tied to the provision of comparable facilities;
(2) The ET applicant, provider, licensee or representative completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are involved, identifying and obtaining, on the incumbents behalf, new channels and frequency coordination; and,
(3) The ET applicant, provider, licensee or representative builds the replacement system and tests it for comparability with the existing 2 GHz system.
(f) Comparable Facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing PARS system with respect to the following three factors:
(1) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the PARS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the PARS licensee with equivalent data loading bits per second (bps). ET licensees must provide PARS licensees with enough throughput to satisfy the PARS licensee’s system use at the time of relocation, not match the total capacity of the PARS system.
(2) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide PARS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability.
(3) Operating Costs. Operating costs are the cost to operate and maintain the PARS system. ET licensees must compensate PARS licensees for any increased recurring costs associated with the replacement facilities (e.g. additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the PARS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable.
(g) The PARS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff.
(h) [Reserved]
(i) After April 25, 1996, all major modifications and extensions to existing PARS systems operating on channels in the 2110-2130 and 2160-2180 MHz bands will be authorized on a secondary basis to future ET operations. All other modifications will render the modified PARS license secondary to future ET operations unless the incumbent affirmatively justifies primary status and the incumbent PARS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent PARS licensees will maintain primary status for the following technical changes:
(1) Decreases in power;
(2) Minor changes (increases or decreases) in antenna height;
(3) Minor location changes (up to two seconds);
(4) Any data correction which does not involve a change in the location of an existing facility;
(5) Reductions in authorized bandwidth;
(6) Minor changes (increases or decreases) in structure height;
(7) Changes (increases or decreases) in ground elevation that do not affect centerline height;
(8) Minor equipment changes.
(j) Sunset. PARS licensees will maintain primary status in the 2110-2130 MHz and 2160-2180 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset (i.e., for the 2110-2130 MHz and 2160-2180 MHz bands, ten years after the first ET license is issued in the respective band). Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F or any standard successor. ET licensee notification to the affected PARS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the PARS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the PARS licensee to continue to operate on a mutually agreed upon basis. If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that:
(1) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available), and;
(2) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted).
(k) Reimbursement and relocation expenses in the 2110-2130 MHz and 2160-2180 MHz bands. Whenever an ET licensee in the 2110-2130 MHz and 2160-2180 MHz band relocates a paired PARS link with one path in the 2110-2130 MHz band and the paired path in the 2160-2180 MHz band, the ET license will be entitled to reimbursement pursuant to the procedures described in §§ 27.1160 through 27.1174 of this chapter.
§ 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 § 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
§ 22.621 Channels for point-to-multipoint operation.
The following channels are allocated for assignment to transmitters utilized within point-to-multipoint systems that support transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. No new licenses will be issued for any 900 MHz frequencies in this section. See part 101, subpart O of this chapter for treatment of incumbents and for new licensing procedures. Incumbents under part 22 are subject to the restrictions of part 101, subpart O of this chapter but may make permissible modifications, transfers, assignments, or renew their licenses using procedures, forms, fees, and filing requirements of part 22.
| Public Mobile Pool | |||
| (25 kHz bandwidth) | |||
| 928.8625 | 959.8625 | 928.9375 | 959.9375 |
| 928.8875 | 959.8875 | 928.9625 | 959.9625 |
| 928.9125 | 959.9125 | 928.9875 | 959.9875 |
| (12.5 kHz bandwidth) | |||
| 928.85625 | 959.85625 | 928.93125 | 959.93125 |
| 928.86875 | 959.86875 | 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 |
§ 22.623 System configuration.
This section requires a minimum configuration for point-to-multipoint systems using the channels listed in § 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.
§ 22.625 Transmitter locations.
This section governs where point-to-multipoint transmitters on the channels listed in § 22.621 may be located.
(a) 928-960 MHz. In this frequency range, the required minimum distance separation between co-channel fixed transmitters is 113 kilometers (70 miles).
(b) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur.
(1) Control transmitter locations. Control transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph.
| Urban area | N. latitude | W. longitude |
|---|---|---|
| Boston, MA | 42°21′24.4″ | 71°03′22.2″ |
| Chicago, IL | 41°52′28.1″ | 87°38′22.2″ |
| Cleveland, OH | 41°29′51.2″ | 81°41′49.5″ |
| Dallas, TX | 32°47′09.5″ | 96°47′38.0″ |
| Detroit, MI | 42°19′48.1″ | 83°02′56.7″ |
| Houston, TX | 29°45′26.8″ | 95°21′37.8″ |
| Los Angeles, CA | 34°03′15.0″ | 18°14′31.3″ |
| Miami, FL | 25°46′38.6″ | 80°11′31.2″ |
| New York, NY | 40°45′6.4″ | 73°59′37.5″ |
| Philadelphia, PA | 39°56′58.4″ | 75°09′19.6″ |
| Pittsburgh, PA | 40°26′19.2″ | 79°59′59.2″ |
| San Francisco-Oakland, CA | 37°46′38.7″ | 122°24′43.9″ |
| Washington, DC | 38°53′51.4″ | 77°00′31.9″ |
(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°57′17″ 77°00′17″ |
| 476-482 MHz | Lancaster, PA 40°15′45″ 76°27′49″ |
(ii) The distance to the radio horizon is calculated using the following formula:
§ 22.627 Effective radiated power limits.
The effective radiated power (ERP) of transmitters operating on the channels listed in § 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.
| Frequency range (MHz) | Maximum ERP (watts) |
|---|---|
| 470-512 | 1000 |
| 928-929 | 50 |
| 932-933 | 30 |
| 941-942 | 600 |
| 952-960 | 150 |
(b) 470-512 MHz limits. The purpose of the rules in paragraphs (b)(1) through (b)(3) of this section is to reduce the likelihood that interference to television receiption from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated.
(1) Co-channel protection. The ERP of control transmitters must not exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location in paragraph (b)(1)(i) of this section.
(i) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location |
|---|---|
| 470-476 MHz | Jacksonville, IL, 39°45′52.2″ N. Lat. 90°30′29.5″ W. Long. |
| Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. | |
| 476-482 MHz 482-488 MHz 488-494 MHz 494-500 MHz 500-506 MHz 506-512 MHz | Oxford, OH, 39°30′26.2″ N. Lat. 84°44′8.8″ W. Long. Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. |
| None. Johnstown, PA, 40°19′47.3″ N. Lat. 78°53′44.1″ W. Long. Washington, DC, 38°57′49.4″ N. Lat. 77°06′16.9″ W. Long. Waterbury, CT, 41°31′2.3″ N. Lat. 73°00′58.4″ W. Long. |
(ii) Table E-3 and E-4 apply to control transmitters in the New York-Northeastern New Jersey and Cleveland urban areas that transmit on channels in the 476-482 MHz range and to control transmitters in the Detroit urban area that transmit on channels in the 482-488 MHz range.
(iii) Tables E-5 and E-6 apply to all control transmitters except those to which Tables E-3 and E-4 apply.
(2) Adjacent channel protection. The ERP of control transmitters must not exceed the limits in Table E-7. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location listed in this paragraph. The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location | TV channel |
|---|---|---|
| 470-476 MHz | Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. | (15) |
| Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. | (15) | |
| Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. | (15) | |
| San Diego, CA, 32°41′48.2″ N. Lat. 116°56′13.1″ W. Long. | (15) | |
| Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. | (15) | |
| Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. | (15) | |
| 476-482 MHz | South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. | (16) |
| Pittsburgh, PA, 40°26′46.2″ N. Lat. 79°57′50.2″ W. Long. | (16) | |
| Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. | (14) | |
| Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. | (16) | |
| 482-488 MHz | Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. | (15) |
| Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. | (15) | |
| 488-494 MHz | Salisbury, MD, 38°24′15.4″ N. Lat. 75°34′43.7″ W. Long. | (16) |
| 494-500 MHz | Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. | (17) |
| 500-506 MHz | Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. | (20) |
| 506-512 MHz | Harrisburg, PA, 40°20′44.3″ N. Lat. 76°52′07.9″ W. Long. | (21) |
(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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 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 § 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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||
|---|---|---|---|---|---|---|
| 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 § 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)
| Distance to protected TV station in kilometers (miles) | Antenna Height Above Average Terrain in meters (feet) | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 15 (50) | 30 (100) | 46 (150) | 61 (200) | 76 (250) | 91 (300) | 107 (350) | 122 (400) | 137 (450) | 152 (500) | |
| 261 (162) | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 |
| 257 (160) | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 800 |
| 249 (155) | 1000 | 1000 | 1000 | 1000 | 1000 | 875 | 775 | 700 | 625 | 575 |
| 241 (150) | 1000 | 1000 | 950 | 775 | 725 | 625 | 550 | 500 | 450 | 400 |
| 233 (145) | 850 | 750 | 650 | 575 | 500 | 440 | 400 | 350 | 320 | 300 |
| 225 (140) | 600 | 575 | 465 | 400 | 350 | 300 | 275 | 250 | 230 | 225 |
| 217 (135) | 450 | 400 | 335 | 300 | 255 | 240 | 200 | 185 | 165 | 150 |
| 209 (130) | 350 | 300 | 245 | 200 | 185 | 160 | 145 | 125 | 120 | 100 |
| 201 (125) | 225 | 200 | 170 | 150 | 125 | 110 | 100 | 90 | 80 | 75 |
| 193 (120) | 175 | 150 | 125 | 105 | 90 | 80 | 70 | 60 | 55 | 50 |
See § 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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||
|---|---|---|---|---|---|---|
| 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 |
See § 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 station in kilometers (miles) | Antenna height above average terrain in meters (feet) | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| 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 § 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
§ 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 |
§ 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.
§ 22.657 Transmitter locations.
The purpose of the rules in paragraphs (a) and (b) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (c) through (f) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in paragraphs (d), (e)(1) and (f) of this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated.
(a) Base transmitter locations. Base transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Mobile transmitters must not be operated at locations more than 129 kilometers (80 miles) from the designated locations in this paragraph. Note: All coordinates are referenced to North American Datum 1983 (NAD83).
| Urban area | N. latitude | W. longitude |
|---|---|---|
| Houston, TX | 29°45′26.8″ | 95°21′37.8″ |
| New York, NY-NE NJ | 40°45′06.4″ | 73°59′37.5″ |
(b) Mobile area of operation. Mobile transmitters must not be operated at locations more than 48 kilometers (30 miles) from all associated base stations.
(c) Protection from intermodulation interference. Base transmitter locations must be at least 1.6 kilometers (1 mile) from the current main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the base station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference.
(d) Adjacent channel protection from mobile transmitters. Base transmitter locations must be at least 145 kilometers (90 miles) from the applicable protected TV station locations specified in this paragraph. This requirement is intended to provide a 0 dB minimum desired to undesired signal strength ratio at the Grade B contour of an adjacent channel TV station. Note: All coordinates are referenced to North American Datum 1983 (NAD83).
| Control transmitter frequency range | Protected TV station location | TV channel |
|---|---|---|
| 470-476 MHz | Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. | (15) |
| 476-482 MHz | Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. | (16) |
(e) Co-channel protection from mobile transmitters. Base transmitter locations must be at least the distance specified in paragraph (e)(2) of this section from the applicable protected TV station locations specified in paragraph (e)(1) of this section. This requirement is intended to provide a 40 dB minimum desired to undesired signal strength ratio at the Grade B contour of a co-channel TV station.
(1) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location |
|---|---|
| 470-476 MHz | Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. |
| 476-482 MHz | Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. |
(2) The required minimum distance depends upon the effective radiated power (ERP) of the most powerful mobile transmitter(s) in the system:
| Mobile unit ERP (watts) | Minimum distance | |
|---|---|---|
| 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:
All coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location |
|---|---|
| 470-476 MHz | Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. |
| 476-482 MHz | Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. |
(g) The FCC may waive specific distance separation requirements of paragraphs (d) through (f) of this section if the applicant submits an engineering analysis which demonstrates that terrain effects and/or operation with less effective radiated power would satisfy the applicable minimum desired to undesired signal strength ratios at the Grade B contours of the protected TV stations. For this purpose, the Grade B contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) radius, centered on the protected TV station location, and along which the median TV signal field strength is 64 dBµV/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.
§ 22.659 Effective radiated power limits.
The purpose of the rules in this section, which limit effective radiated power (ERP), is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated.
(a) Maximum ERP. The ERP of base transmitters must not exceed 100 Watts under any circumstances. The ERP of mobile transmitters must not exceed 60 Watts under any circumstances.
(b) Co-channel protection from base transmitters. The ERP of base transmitters in the New York-Northeastern New Jersey urban area must not exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3) of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location in paragraph (b)(1) of this section.
(1) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location |
|---|---|
| 470-476 MHz | Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. |
| 476-482 MHz | Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. |
(2) Tables E-8 and E-9 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 476-482 MHz range.
(3) Tables E-10 and E-11 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 470-476 MHz range.
(c) Adjacent channel protection from base transmitters. The ERP of base transmitters must not exceed the limits in Table E-12 of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location specified in paragraph (c)(1) of this section.
(1) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)):
| Control transmitter frequency range | Protected TV station location | TV channel |
|---|---|---|
| 470-476 MHz | Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long | (15) |
| 476-482 MHz 482-488 MHz | Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long | (15) |
| Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long | (16) | |
| Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long | (15) |
(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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 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 § 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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||
|---|---|---|---|---|---|---|
| 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 § 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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 15 (50) | 30 (100) | 46 (150) | 61 (200) | 76 (250) | 91 (300) | 107 (350) | 122 (400) | 137 (450) | 152 (500) | |
| 261 (162) | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 |
| 257 (160) | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 1000 | 800 |
| 249 (155) | 1000 | 1000 | 1000 | 1000 | 1000 | 875 | 775 | 700 | 625 | 575 |
| 241 (150) | 1000 | 1000 | 950 | 775 | 725 | 625 | 550 | 500 | 450 | 400 |
| 233 (145) | 850 | 750 | 650 | 575 | 500 | 440 | 400 | 350 | 320 | 300 |
| 225 (140) | 600 | 575 | 465 | 400 | 350 | 300 | 275 | 250 | 230 | 225 |
| 217 (135) | 450 | 400 | 335 | 300 | 255 | 240 | 200 | 185 | 165 | 150 |
| 209 (130) | 350 | 300 | 245 | 200 | 185 | 160 | 145 | 125 | 120 | 100 |
| 201 (125) | 225 | 200 | 170 | 150 | 125 | 110 | 100 | 90 | 80 | 75 |
| 193 (120) | 175 | 150 | 125 | 105 | 90 | 80 | 70 | 60 | 55 | 50 |
See § 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)
| Distance to protected TV station in kilometers (miles) | Antenna height above average terrain in meters (feet) | |||||
|---|---|---|---|---|---|---|
| 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 |
See § 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 station in kilometers (miles) | Antenna height above average terrain in meters (feet) | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| 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 § 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
§ 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.
§ 22.702 Eligibility.
Existing and proposed communications common carriers are eligible to hold authorizations to operate conventional central office, interoffice and rural stations in the Rural Radiotelephone Service. Subscribers are also eligible to hold authorizations to operate rural subscriber stations in the Rural Radiotelephone Service.
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 § 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.
§ 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.
§ 22.709 Rural radiotelephone service application requirements.
In addition to information required by Subparts B and D of this part, FCC Form 601 applications for authorization to operate a station in the Rural Radiotelephone Service must contain the applicable supplementary information described in this section.
(a) Interoffice stations. Applications for authority to operate a new interoffice station or to add transmitters or points of communications to an existing interoffice station must contain an exhibit demonstrating that the requested facilities would be used only for interconnecting central office stations and explaining why the use of alternative existing radio or wire facilities is not feasible.
(b) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601:
(1) Location description: city; county; state; geographic coordinates correct to ±1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the height of the antenna center of radiation above the average elevation of the terrain along each of the 8 cardinal radials, antenna gain in the maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, the electric field polarization of the wave emitted by the antenna when installed as proposed;
(3) The center frequency of each channel requested, the maximum effective radiated power, the effective radiated power in each of the cardinal radial directions, any non-standard emission types to be used, including bandwidth and modulation type, the transmitter classification (e.g. central office), and the locations and call signs, if any, of any fixed points of communication.
(c) No landline facilities. Each application for a central office station must contain an exhibit showing that it is impracticable to provide the required communication service by means of landline facilities.
(d) Interference exhibit. Applications for central office, interoffice and relay stations must include an exhibit identifying co-channel facilities and demonstrating, in accordance with § 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 § 22.719(c)). Applications for authority to operate new conventional rural radiotelephone systems that request more than two channel pairs must include a statement explaining why BETRS technology is not being proposed.
(f) Antenna Information. Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification.
§ 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 § 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.
§ 22.713 Construction period for rural radiotelephone stations.
The construction period for stations in the Rural Radiotelephone Service is 12 months.
§ 22.715 Technical channel assignment criteria for rural radiotelephone stations.
Channels are assigned in the Rural Radiotelephone Service using the procedures in § 22.567.
§ 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 § 22.131 and with this section.
(a) Applications in the Rural Radiotelephone Service may be mutually exclusive with applications in the Paging and Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567.
(b) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4).
§ 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 § 22.725 is considered to be in the same area as another central office station transmitter on any other channel pair listed in § 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 § 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
Eligible persons may apply for a paging geographic area authorization in the Rural Radiotelephone Service, on the channel pairs listed in § 22.725, by following the procedures and requirements set forth in § 22.503 for paging geographic area authorizations.
Authorizations for new facilities (including new sites and additional channel pairs for existing sites) in the Rural Radiotelephone Service (including BETRS facilities) may be granted after May 12, 1997 only on the condition that such authorizations shall be secondary to any existing or future co-channel paging geographic area authorization in the Paging and Radiotelephone Service or the Rural Radiotelephone Service. If the paging geographic area licensee notifies the Rural Radiotelephone Service licensee that operation of a co-channel secondary facility must be discontinued because it may cause interference to existing or planned facilities, the Rural Radiotelephone Service licensee must discontinue operation of that facility on the particular channel pair involved no later than six months after such notice.
§ 22.725 Channels for conventional rural radiotelephone stations and basic exchange telephone radio systems.
The following channels are allocated for paired assignment to transmitters that provide conventional rural radiotelephone service and to transmitters in basic exchange telephone radio systems. These channels may be assigned for use by central office or rural subscriber stations as indicated, and interoffice stations. These channels may be assigned also for use by relay stations in systems where it would be impractical to provide rural radiotelephone service without the use of relay stations. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz.
| Central office | Rural subscriber | Central office | Rural subscriber |
|---|---|---|---|
| 152.03 | 158.49 | 152.57 | 157.83 |
| 152.06 | 158.52 | 152.60 | 157.86 |
| 152.09 | 158.55 | 152.63 | 157.89 |
| 152.12 | 158.58 | 152.66 | 157.92 |
| 152.15 | 158.61 | 152.69 | 157.95 |
| 152.18 | 158.64 | 152.72 | 157.98 |
| 152.21 | 158.67 | 152.75 | 158.01 |
| 152.51 | 157.77 | 152.78 | 158.04 |
| 152.54 | 157.80 | 152.81 | 158.07 |
| UHF Channels | |||
| 454.025 | 459.025 | 454.350 | 459.350 |
| 454.050 | 459.050 | 454.375 | 459.375 |
| 454.075 | 459.075 | 454.400 | 459.400 |
| 454.100 | 459.100 | 454.425 | 459.425 |
| 454.125 | 459.125 | 454.450 | 459.450 |
| 454.150 | 459.150 | 454.475 | 459.475 |
| 454.175 | 459.175 | 454.500 | 459.500 |
| 454.200 | 459.200 | 454.525 | 459.525 |
| 454.225 | 459.225 | 454.550 | 459.550 |
| 454.250 | 459.250 | 454.575 | 459.575 |
| 454.275 | 459.275 | 454.600 | 459.600 |
| 454.300 | 459.300 | 454.625 | 459.625 |
| 454.325 | 459.325 | 454.650 | 459.650 |
(a) The channels listed in this section are also allocated for assignment in the Paging and Radiotelephone Service.
(b) In Puerto Rico and the Virgin Islands, channels in the 154.04-154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to transmitters providing rural radiotelephone service; channels in these ranges are also allocated for assignment in the International Fixed Public and Aeronautical Fixed radio services.
§ 22.727 Power limits for conventional rural radiotelephone transmitters.
The transmitting power of transmitters operating on the channels listed in § 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.
| Frequency range (MHz) | Maximum ERP (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 § 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.
§ 22.731 Emission limitations.
Upon application for multichannel operation, the FCC may authorize emission bandwidths wider than those specified in § 22.357, provided that spectrum utilization is equal to or better than that achieved by single channel operation.
§ 22.733 Priority of service.
Within the Rural Radiotelephone Service, the channels listed in § 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.
§ 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
§ 22.757 Channels for basic exchange telephone radio systems.
The channels listed in § 22.725 are also allocated for paired assignment to transmitters in basic exchange telephone radio systems.
§ 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.
| Frequency range (MHz) | Maximum ERP (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:
Subpart G—Air-Ground Radiotelephone Service
§ 22.801 Scope.
The rules in this subpart govern the licensing and operation of air-ground stations and systems. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part and in part 1 of this chapter that generally apply to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern.
General Aviation Air-Ground Stations
§ 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.
§ 22.807 General aviation air-ground application requirements.
In addition to the information required by subparts B and D of this part, FCC Form 601 applications for authorization to operate a general aviation air-ground station must contain the applicable supplementary information described in this section.
(a) Administrative information. The following information is required by FCC Form 601.
(1) The number of transmitter sites for which authorization is requested.
(2) The call sign(s) of other facilities in the same area that are ultimately controlled by the real party in interest to the application.
(b) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601:
(1) Location description, city, county, state, geographic coordinates (NAD83) correct to ±1 second, site elevation above mean sea level, proximity to adjacent market boundaries and international borders;
(2) Antenna height to tip above ground level, antenna gain in the maximum lobe, the electric field polarization of the wave emitted by the antenna when installed as proposed;
(3) The center frequency of each channel requested, the maximum effective radiated power, any non-standard emission types to be used, including bandwidth and modulation type and the transmitter classification (e.g. ground or signaling).
§ 22.809 Transmitting power limits.
The transmitting power of ground and airborne mobile transmitters operating on the channels listed in § 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 § 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.
§ 22.813 Technical channel pair assignment criteria.
The rules in this section establish technical assignment criteria for the channel pairs listed in § 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.
§ 22.815 Construction period for general aviation ground stations.
The construction period (see § 1.946 of this chapter) for general aviation ground stations is 12 months.
§ 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 § 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 § 22.805 is considered to be in the same area as another transmitter on any ground station channel listed in § 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 § 22.805 controlled by the applicant in the same area.
(c) Additional channel. Applications for ground transmitters to be located in the same area as an authorized ground station controlled by the applicant, but to operate on a different ground station communication channel, are considered as requesting an additional channel for the authorized station.
(d) Amendment of pending application. If the FCC receives and accepts for filing an application for a ground station transmitter to be located in the same area as a ground station transmitter proposed in a pending application previously filed by the applicant, but on a different ground station communication channel, the subsequent application is treated as a major amendment to change the technical proposal of the prior application. The filing date of any application so amended is the date the FCC received the subsequent application.
(e) Dismissal of premature applications for additional channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station prior to receiving notification that the station is providing service to subscribers on the authorized channel(s), the FCC may dismiss that application without prejudice.
(f) Dismissal of applications for seventh channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station which would, if granted, result in that station being assigned more than six ground station communication channels in the same area, the FCC may dismiss that application without prejudice.
Commercial Aviation Air-Ground Systems
§ 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum.
No individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands (see § 22.857). Individuals and entities with either de jure or de facto control of a licensee in these bands will be considered to have a controlling interest in its license(s). For purposes of this rule, the definitions of “controlling interests” and “affiliate” set forth in paragraphs (c)(2) and (c)(5) of § 1.2110 of this chapter shall apply.
§ 22.857 Channel plan for commercial aviation air-ground systems.
The 849-851 MHz and 894-896 MHz frequency bands are designated for paired nationwide exclusive assignment to the licensee or licensees of systems providing radio telecommunications service, including voice and/or data service, to persons on board aircraft. Air-ground systems operating in these frequency bands are referred to in this part as “commercial aviation” systems.
§ 22.859 Incumbent commercial aviation air-ground systems.
This section contains rules concerning continued operation of commercial aviation air-ground systems that were originally authorized prior to January 1, 2004 to provide radiotelephone service using narrowband (6 kHz) channels, and that have been providing service continuously since the original commencement of service (hereinafter “incumbent systems”).
(a) An incumbent system may continue to operate under its authorization, for the remaining term of such authorization, subject to the terms and conditions attached thereto. Wherever such technical and operational conditions differ from technical and operational rules in this subpart, those conditions shall govern its operations.
(b) Notwithstanding any other provision in this chapter, the licensee of an incumbent system shall not be entitled to an expectation of renewal of said authorization.
(c) During the period that an incumbent system continues to operate and provide service pursuant to paragraph (a) of this section, air-ground systems of licensees holding a new authorization for the spectrum within which the incumbent system operates must not cause interference to the incumbent system. Protection from interference requires that the signals of the new systems must not exceed a ground station received power of −130 dBm within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically polarized receive antenna.
§ 22.861 Emission limitations.
The rules in this section govern the spectral characteristics of emissions for commercial aviation systems in the Air-Ground Radiotelephone Service. Commercial aviation air-ground systems may use any type of emission or technology that complies with the technical rules in this subpart.
(a) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e., 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. The licensee(s) of commercial aviation air-ground systems, together with affected licensees of Cellular Radiotelephone Service systems operating in the spectrum immediately below and adjacent to the commercial aviation air-ground bands, may establish an alternative out of band emission limit to be used at the 849 MHz and 894 MHz band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section.
§ 22.863 Frequency stability.
The frequency stability of equipment used under this subpart shall be sufficient to ensure that, after accounting for Doppler frequency shifts, the occupied bandwidth of the fundamental emissions remains within the authorized frequency bands of operation.
§ 22.867 Effective radiated power limits.
The effective radiated power (ERP) of ground and airborne stations operating on the frequency ranges listed in § 22.857 must not exceed the limits in this section.
(a) The peak ERP of airborne mobile station transmitters must not exceed 12 Watts.
(b) The peak ERP of ground station transmitters must not exceed 500 Watts.
§ 22.873 Construction requirements for commercial aviation air-ground systems.
Licensees authorized to use more than one megahertz (1 MHz) of the 800 MHz commercial aviation air-ground spectrum allocation (see § 22.857) must make a showing of “substantial service” as set forth in this section. Failure by any such licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. Licensees authorized to use one megahertz or less of the 800 MHz commercial aviation air-ground spectrum allocation are not subject to the requirements in this section.
(a) “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal.
(b) Each commercial aviation air-ground system subject to the requirements of this section must demonstrate substantial service within 5 years after grant of the authorization. Substantial service may be demonstrated by, but is not limited to, either of the following “safe harbor” provisions:
(1) Construction and operation of 20 ground stations, with at least one ground station located in each of the 10 Federal Aviation Administration regions; or,
(2) Provision of service to the airspace of 25 of the 50 busiest airports (as measured by annual passenger boardings).
§ 22.877 Unacceptable interference to part 90 non-cellular 800 MHz licensees from commercial aviation air-ground systems.
The definition of unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from commercial aviation air-ground systems is the same as the definition set forth in § 22.970 which is applicable to Cellular Radiotelephone Service systems.
§ 22.878 Obligation to abate unacceptable interference.
This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004.
(a) Strict responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877, shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879. This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation.
(b) Joint and Several responsibility. If two or more licensees, whether in the commercial aviation air-ground radiotelephone service or in the Cellular Radiotelephone Service (see § 22.971), knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877, such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time.
(1) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879(c). This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or indirectly cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in § 22.879.
§ 22.879 Interference resolution procedures.
This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004.
(a) Initial notification. Commercial aviation air-ground system licensees may receive initial notification of interference from non-cellular part 90 licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter.
(1) Commercial aviation air-ground system licensees shall join with part 90 ESMR licensees and Cellular Radiotelephone Service licensees in utilizing an electronic means of receiving the initial notification described in § 90.674(a) of this chapter. See § 22.972.
(2) Commercial aviation air-ground system licensees must respond to the initial notification described in § 90.674(a) of this chapter as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related.
(b) Interference analysis. Commercial aviation air-ground system licensees—who receive an initial notification described in § 90.674(a) of this chapter—shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period.
(c) Mitigation steps. Any commercial aviation air-ground system that is responsible for causing unacceptable interference to non-cellular part 90 licensees in the 800 MHz band shall take affirmative measures to resolve such interference.
(1) Commercial aviation air-ground system licensees found to contribute to unacceptable interference, as defined in § 22.877, shall resolve such interference in the shortest time practicable. Commercial aviation air-ground system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the technical parameters that may need to be adjusted is left to the discretion of the commercial aviation air-ground system licensee, whose affirmative measures may include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the commercial aviation air-ground system signal;
(iii) Modifying the commercial aviation air-ground system antenna height;
(iv) Modifying the commercial aviation air-ground system antenna characteristics;
(v) Incorporating filters into the commercial aviation air-ground system transmission equipment;
(vi) Changing commercial aviation air-ground system frequencies; and
(vii) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, commercial aviation air-ground system licensees shall be responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove inadequate, the affected part 90 non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented.
(3) When a part 90 public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that:
(i) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and imminent danger;
(iii) Was formulated on the basis of either personal knowledge or belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and,
(v) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission’s Public Safety and Homeland Security Bureau.
§ 22.880 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a commercial aviation air-ground system licensee that they wish to receive prior notification of the activation or modification of a commercial aviation air-ground system ground station site in their area. Thereafter, the commercial aviation air-ground system licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new ground station is activated or an existing ground station is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna manufacturer, model number, height above ground level and up tilt angle, as installed;
(4) Channels available for use.
(b) Purpose of prior notification. The prior notification of ground station activation or modification is for informational purposes only: public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed ground station or to unilaterally require changes in its operating parameters. The principal purposes of prior notification are to:
(1) Allow a public safety licensee to advise the commercial aviation air-ground system licensee whether it believes a proposed ground station will generate unacceptable interference;
(2) Permit commercial aviation air-ground system licensee(s) to make voluntary changes in ground station parameters when a public safety licensee alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when the ground station is activated.
§ 22.881 Air-Ground Radiotelephone Service subject to competitive bidding.
Mutually exclusive initial applications for general aviation Air-Ground Radiotelephone Service licenses and mutually exclusive initial applications for commercial Air-Ground Radiotelephone Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this subpart.
§ 22.882 Designated entities.
(a) Eligibility for small business provisions in the commercial Air-Ground Radiotelephone Service.
(1) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $40 million for the preceding three years.
(2) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $15 million for the preceding three years.
(b) Bidding credits in the commercial Air-Ground Radiotelephone Service.
(1) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license.
(2) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license.
Subpart H—Cellular Radiotelephone Service
§ 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.
§ 22.901 Cellular service requirements and limitations.
The licensee of each Cellular system is responsible for ensuring that its Cellular system operates in compliance with this section. Each Cellular system must provide either mobile service, fixed service, or a combination of mobile and fixed service, subject to the requirements, limitations and exceptions in this section. Mobile service provided may be of any type, including two-way radiotelephone, dispatch, one-way or two-way paging, and personal communications services (as defined in part 24 of this chapter). Fixed service is considered to be primary service, as is mobile service. When both mobile and fixed services are provided, they are considered to be co-primary services. In providing Cellular service, each Cellular system may incorporate any technology that meets all applicable technical requirements in this part.
§ 22.905 Channels for cellular service.
The following frequency bands are allocated for assignment to service providers in the Cellular Radiotelephone Service.
(a) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-891.5 MHz paired with 845-846.5 MHz.
(b) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-894 MHz paired with 846.5-849 MHz.
§ 22.907 Coordination of channel usage.
Licensees in the Cellular Radiotelephone Service must coordinate, with the appropriate parties, channel usage at each transmitter location within 121 kilometers (75 miles) of any transmitter locations authorized to other licensees or proposed by other applicants, except those with mutually exclusive applications. Licensees utilizing systems employing a frequency re-use factor of 1 (universal re-use) are exempt from this requirement.
(a) Licensees must cooperate and make reasonable efforts to resolve technical problems that may inhibit effective and efficient use of the cellular radio spectrum; however, licensees are not obligated to suggest extensive changes to or redesign other licensees’ cellular systems. Licensees must make reasonable efforts to avoid blocking the growth of other cellular systems that are likely to need additional capacity in the future.
(b) If technical problems are addressed by an agreement or operating agreement between the licensees that would result in a reduction of quality or capacity of either system, the licensees must notify the Commission by updating FCC Form 601.
§ 22.909 Cellular markets.
Cellular Market Areas (CMAs) are standard geographic areas used by the FCC for administrative convenience in the licensing of Cellular systems. CMAs comprise Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs). All CMAs and the counties they comprise are listed in: “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” Public Notice, Rep. No. CL-92-40, 7 FCC Rcd 742 (1992).
(a) MSAs. Metropolitan Statistical Areas are 306 areas, including New England County Metropolitan Areas and the Gulf of Mexico Service Area (water area of the Gulf of Mexico, border is the coastline), defined by the Office of Management and Budget, as modified by the FCC.
(b) RSAs. Rural Service Areas are 428 areas, other than MSAs, established by the FCC.
§ 22.911 Cellular geographic service area.
The Cellular Geographic Service Area (CGSA) of a Cellular system is the geographic area considered by the FCC to be served by the Cellular system and is the area within which cellular systems are entitled to protection and adverse effects for the purpose of determining whether a petitioner has standing are recognized. The CGSA is the composite of the service areas of all of the cells in the system, excluding any Unserved Area (even if it is served on a secondary basis) or area within the CGSA of another Cellular system. The service area of a cell is the area within its service area boundary (SAB). Licensees that use power spectral density (PSD) at cell sites within their licensed geographic area are subject to paragraph (c) of this section; all other licensees are subject to paragraph (a) (or, as applicable, paragraph (b)) of this section. If the calculation under paragraph (a), (b), or (c) of this section (as applicable) yields an SAB extension comprising at least 130 contiguous square kilometers (50 contiguous square miles), the licensee must submit an application for major modification of the CGSA using FCC Form 601. See also §§ 22.912, 22.949, and 22.953.
(a) CGSA determination (non-PSD). For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that do not operate using PSD (as permitted under § 22.913), the distance to the SAB is calculated as a function of effective radiated power (ERP) and antenna center of radiation height above average terrain (HAAT), height above sea level (HASL), or height above mean sea level (HAMSL).
(1) Except as provided in paragraphs (a)(2) and (b) of this section, the distance from a cell transmitting antenna to its SAB along each cardinal radial is calculated as follows:
(2) The distance from a cell transmitting antenna located in the Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial is calculated as follows:
(3) The value used for h in the formula in paragraph (a)(2) of this section must not be less than 8 meters (26 feet) HASL (or HAMSL, as appropriate for the support structure). The value used for h in the formula in paragraph (a)(1) of this section must not be less than 30 meters (98 feet) HAAT, except that for unserved area applications proposing a cell with an ERP not exceeding 10 Watts, the value for h used in the formula in paragraph (a)(1) of this section to determine the service area boundary for that cell may be less than 30 meters (98 feet) HAAT, but not less than 3 meters (10 feet) HAAT.
(4) The value used for p in the formulas in paragraphs (a)(1) and (a)(2) of this section must not be less than 0.1 Watt or 27 dB less than (1/500 of) the maximum ERP in any direction, whichever is more.
(5) Whenever use of the formula in paragraph (a)(1) of this section pursuant to the exception contained in paragraph (a)(3) of this section results in a calculated distance that is less than 5.4 kilometers (3.4 miles), the radial distance to the service area boundary is deemed to be 5.4 kilometers (3.4 miles).
(6) The distance from a cell transmitting antenna to the SAB along any radial other than the eight cardinal radials is calculated by linear interpolation of distance as a function of angle.
(b) Alternative CGSA determination (non-PSD). If a carrier believes that the method described in paragraph (a) of this section produces a CGSA that departs significantly (±20% in the service area of any cell) from the geographic area where reliable cellular service is actually provided, the carrier may submit, as an exhibit to an application for modification of the CGSA using FCC Form 601, a depiction of what the carrier believes the CGSA should be. Such submissions must be accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, cellular service is considered to be provided in all areas, including “dead spots”, between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m (i.e. does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application.
(1) The alternative CGSA determination must define the CGSA in terms of distances from the cell sites to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method given in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials, as depicted by the alternative CGSA determination.
(2) If an uncalibrated predictive model is used to depict the CGSA, the alternative CGSA determination must identify factors (e.g. terrain roughness or features) that could plausibly account for the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If actual measurements or a measurement-calibrated predictive model are used to depict the CGSA, and this fact is disclosed in the alternative CGSA determination, it is not necessary to offer an explanation of the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If the formula in paragraph (a)(1) of this section is clearly inapplicable for the cell(s) in question (e.g. for microcells), this should be disclosed in the alternative CGSA determination.
(3) The provision for alternative CGSA determinations was made in recognition that the formula in paragraph (a)(1) of this section is a general model that provides a reasonable approximation of coverage in most land areas, but may under-predict or over-predict coverage in specific areas with unusual terrain roughness or features, and may be inapplicable for certain purposes, e.g., cells with a coverage radius of less than 8 kilometers (5 miles). In such cases, alternative methods that utilize more specific models are appropriate. Accordingly, the FCC does not consider use of the formula in paragraph (a)(1) of this section with parameters outside of the limits in paragraphs (a)(3), (a)(4) and (a)(5) of this section or with data for radials other than the cardinal radials to be a valid alternative method for determining the CGSA of a cellular system.
(c) CGSA determination (PSD). (1) For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that operate using PSD (as permitted under § 22.913), the licensee must use a predictive propagation model that is appropriate for the service provided, taking into account terrain and local conditions. The SAB and CGSA boundary must be defined in terms of distances from the cell site to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method set forth in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials.
(2) An application for major modification of the CGSA under this paragraph (c) must include, as an exhibit, a depiction of the CGSA accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, Cellular service is considered to be provided in all areas, including “dead spots,” between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m (i.e., does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application.
(d) Protection afforded. Cellular systems are entitled to protection only within the CGSA (as determined in accordance with this section) from co-channel and first-adjacent channel interference (see § 22.983). Licensees must cooperate in resolving co-channel and first-adjacent channel interference by changing channels used at specific cells or by other technical means.
(e) [Reserved]
§ 22.912 Service area boundary extensions.
This section contains rules governing service area boundary (SAB) extensions. SAB extensions are areas (calculated using the methodology of § 22.911) that extend outside of the licensee’s Cellular Geographic Service Area (CGSA) boundary into Unserved Area or into the CGSA of a neighboring co-channel licensee. Service within SAB extensions is not protected from interference or capture under § 22.911(d) unless and until the area within the SAB extension becomes part of the CGSA in compliance with all applicable rules.
(a) Extensions into Unserved Area. Subject to paragraph (c) of this section, the licensee of a Cellular system may, at any time, extend its SAB into Unserved Area and provide service on a secondary basis only, provided that the extension area comprises less than 130 contiguous square kilometers (50 contiguous square miles). If more than one licensee of a Cellular system extends into all or a portion of the same Unserved Area under this section, all such licensees may provide service in such Unserved Area on a shared secondary (unprotected) basis only.
(b) Contract extensions. The licensee of any Cellular system may, at any time, enter into a contract with an applicant for, or a licensee of, a Cellular system on the same channel block to allow one or more SAB extensions into its CGSA (not into Unserved Area).
(c) Gulf of Mexico Service Area. Land-based Cellular system licensees may not extend their SABs into the Gulf of Mexico Exclusive Zone (GMEZ) absent written contractual consent of the co-channel GMEZ licensee. GMEZ licensees may not extend their SABs into the CGSA of a licensee on the same channel block in an adjacent CMA or the Gulf of Mexico Coastal Zone absent written contractual consent of the co-channel licensee.
§ 22.913 Effective radiated power limits.
Licensees in the Cellular Radiotelephone Service are subject to the effective radiated power (ERP) limits and other requirements in this Section. See also § 22.169.
(a) Maximum ERP. The ERP of transmitters in the Cellular Radiotelephone Service must not exceed the limits in this section.
(1) Except as described in paragraphs (a)(2), (3), and (4) of this section, the ERP of base stations and repeaters must not exceed—
(i) 500 watts per emission; or
(ii) 400 watts/MHz (PSD) per sector.
(2) Except as described in paragraphs (a)(3) and (4) of this section, for systems operating in areas more than 72 kilometers (45 miles) from international borders that:
(i) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or
(ii) Extend coverage into Unserved Area on a secondary basis (see § 22.949), the ERP of base transmitters and repeaters must not exceed—
(A) 1000 watts per emission; or
(B) 800 watts/MHz (PSD) per sector.
(3) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate their base transmitters and repeaters with an ERP greater than 400 watts/MHz (PSD) per sector, up to a maximum ERP of 1000 watts/MHz (PSD) per sector unless they meet the conditions in paragraph (a)(4) of this section.
(4) Provided that they also comply with paragraphs (b) and (c) of this section, licensees of systems operating in areas more than 72 kilometers (45 miles) from international borders that:
(i) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or
(ii) Extend coverage into Unserved Area on a secondary basis (see § 22.949), are permitted to operate base transmitters and repeaters with an ERP greater than 800 watts/MHz (PSD) per sector, up to a maximum of 2000 watts/MHz (PSD) per sector.
(5) The ERP of mobile transmitters and auxiliary test transmitters must not exceed 7 watts.
(b) Power flux density (PFD). Until May 12, 2024, each Cellular base station that operates at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m
(c) Advance notification requirement. At least 30 days but not more than 90 days prior to activating a base station at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section, the Cellular licensee must provide written advance notice to any public safety licensee authorized in the frequency range 806-816 MHz/851-861 MHz with a base station located within a radius of 113 km of the Cellular base station to be deployed. The written notice shall be required only one time for each such cell site and is for informational purposes only; the public safety licensees are not afforded the right to accept or reject the activation or to unilaterally require changes in the operating parameters. The written notification must include the base station’s location, ERP level, height of the transmitting antenna’s center of radiation above ground level, and the timeframe for activation, as well as the Cellular licensee’s contact information. Additional information shall be provided by the Cellular licensee upon request of a public safety licensee required to be notified under this paragraph (c). See also §§ 22.970 through 22.973.
(d) Power measurement. Measurement of the ERP of Cellular base transmitters and repeaters must be made using an average power measurement technique. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. Power measurements for base transmitters and repeaters must be made in accordance with either of the following:
(1) A Commission-approved average power technique (see FCC Laboratory’s Knowledge Database); or
(2) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel.
(e) Height-power limit. The ERP of base transmitters must not exceed the amount that would result in an average distance to the service area boundary of 79.1 kilometers (49 miles) for Cellular systems authorized to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all other Cellular systems. The average distance to the service area boundary is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.911 for the eight cardinal radial directions.
(f) Exemptions from height-power limit. Licensees need not comply with the height-power limit in paragraph (e) of this section if either of the following conditions is met:
(1) The proposed operation is coordinated with the licensees of all affected Cellular systems on the same channel block within 121 kilometers (75 miles) and concurrence is obtained; or
(2) The licensee’s base transmitter or repeater is operated at the ERP limits (W/MHz) specified above in paragraph (a)(1)(ii), (a)(2)(ii), (a)(3), or (a)(4) of this section.
§ 22.917 Emission limitations for cellular equipment.
The rules in this section govern the spectral characteristics of emissions in the Cellular Radiotelephone Service.
(a) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a reference bandwidth as follows:
(1) In the spectrum below 1 GHz, instrumentation should employ a reference bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy, provided that the measured power is integrated over the full required reference bandwidth (i.e., 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.
(2) In the spectrum above 1 GHz, instrumentation should employ a reference bandwidth of 1 MHz.
(c) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section.
§ 22.921 [Reserved]
§ 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.
§ 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.”
§§ 22.927-22.943 [Reserved]
The construction period applicable to new or modified Cellular facilities for which an authorization is granted pursuant to the Unserved Area process is one year, beginning on the date the authorization is granted. To satisfy this requirement, a Cellular system must be providing service to mobile stations operated by subscribers and roamers. The licensee must notify the FCC (FCC Form 601) after the requirements of this section are met. See § 1.946 of this chapter. See also § 22.949.
§ 22.948 Geographic partitioning and spectrum disaggregation; spectrum leasing.
Cellular licensees may apply to partition any portion of their licensed Cellular Geographic Service Area (CGSA) or to disaggregate their licensed spectrum at any time following the grant of their authorization(s). Parties seeking approval for partitioning and disaggregation shall request from the FCC an authorization for partial assignment of a license pursuant to § 1.948 of this chapter. See also paragraph (d) of this section regarding spectrum leasing.
(a) Partitioning, disaggregation, or combined partitioning and disaggregation. Applicants must file FCC Form 603 (“Assignment of Authorization and Transfer of Control”) pursuant to § 1.948 of this chapter, as well as GIS map files and a reduced-size PDF map pursuant to § 22.953 for both the assignor and assignee.
(b) Field strength limit. For purposes of partitioning and disaggregation, Cellular systems must be designed so as to comply with § 22.983.
(c) License term. The license term for a partitioned license area and for disaggregated spectrum will be the remainder of the original license term.
(d) Spectrum leasing. Cellular spectrum leasing is subject to all applicable provisions of subpart X of part 1 of this chapter as well as the provisions of paragraph (a) of this section, except that applicants must file FCC Form 608 (“Application or Notification for Spectrum Leasing Arrangement or Private Commons Arrangement”), not FCC Form 603.
§ 22.949 Unserved Area licensing; minimum coverage requirements.
(a) The Unserved Area licensing process described in this section is on-going and applications may be filed at any time, subject to the following coverage requirements:
(1) Applicants for authority to operate a new Cellular system or expand an existing Cellular Geographic Service Area (CGSA) in Unserved Area must propose a CGSA or CGSA expansion of at least 130 contiguous square kilometers (50 contiguous square miles) using the methodology of § 22.911.
(2) Applicants for authority to operate a new Cellular system must not propose coverage of water areas only (or water areas and uninhabited islands or reefs only), except for Unserved Area in the Gulf of Mexico Service Area.
(b) There is no limit to the number of Unserved Area applications that may be granted on each channel block of each CMA that is subject to the procedures of this section. Consequently, Unserved Area applications are mutually exclusive only if the proposed CGSAs would overlap. Mutually exclusive applications are processed using the general procedures under § 22.131.
(c) Unserved Area applications under this section may propose a CGSA covering more than one CMA. Each Unserved Area application must request authorization for only one CGSA and must not propose a CGSA overlap with an existing CGSA.
(d) Settlements among some, but not all, applicants with mutually exclusive applications for Unserved Area (partial settlements) under this section are prohibited. Settlements among all applicants with mutually exclusive applications under this section (full settlements) are allowed and must be filed no later than the date that the FCC Form 175 (short-form) is filed.
§ 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA).
The GMSA has been divided into two areas for licensing purposes, the Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone (GMCZ). This section describes these areas and sets forth the process for licensing facilities in these two respective areas within the GMSA.
(a) The GMEZ and GMCZ are defined as follows:
(1) Gulf of Mexico Exclusive Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coastline line and the southern demarcation line of the Gulf of Mexico Service Area, excluding the area comprising the Gulf of Mexico Coastal Zone.
(2) Gulf of Mexico Coastal Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coast line of Florida and a line extending approximately twelve nautical miles due south from the coastline boundary of the States of Florida and Alabama, and continuing along the west coast of Florida at a distance of twelve nautical miles from the shoreline. The line is defined by Great Circle arcs connecting the following points (geographical coordinates listed as North Latitude, West Longitude) consecutively in the order listed:
(i) 30°16′49″ N 87°31′06″ W
(ii) 30°04′35″ N 87°31′06″ W
(iii) 30°10′56″ N 86°26′53″ W
(iv) 30°03′00″ N 86°00′29″ W
(v) 29°33′00″ N 85°32′49″ W
(vi) 29°23′21″ N 85°02′06″ W
(vii) 29°49′44″ N 83°59′02″ W
(viii) 28°54′00″ N 83°05′33″ W
(ix) 28°34′41″ N 82°53′38″ W
(x) 27°50′39″ N 83°04′27″ W
(xi) 26°24′22″ N 82°23′22″ W
(xii) 25°41′39″ N 81°49′40″ W
(xiii) 24°59′02″ N 81°15′04″ W
(xiv) 24°44′23″ N 81°57′04″ W
(xv) 24°32′37″ N 82°02′01″ W
(b) Service Area Boundary Calculation. The service area boundary of a cell site located within the Gulf of Mexico Service Area is calculated pursuant to § 22.911(a)(2). Otherwise, the service area boundary is calculated pursuant to § 22.911(a)(1) or § 22.911(b).
(c) Gulf of Mexico Exclusive Zone (GMEZ). GMEZ licensees have an exclusive right to provide Cellular service in the GMEZ, and may add, modify, or remove facilities anywhere within the GMEZ without prior FCC approval. There is no Unserved Area licensing procedure for the GMEZ.
(d) Gulf of Mexico Coastal Zone (GMCZ). The GMCZ is subject to the Unserved Area licensing procedures set forth in § 22.949.
§ 22.951 [Reserved]
Applications for authority to operate a new Cellular system or to modify an existing Cellular system must comply with the specifications in this section.
(a) New Systems. In addition to information required by subpart B of this part and by FCC Form 601, applications for an Unserved Area authorization to operate a Cellular system must comply with all applicable requirements set forth in part 1 of this chapter, including the requirements specified in §§ 1.913, 1.923, and 1.924, and must include the information listed below. Geographical coordinates must be correct to ±1 second using the NAD 83 datum.
(1) Exhibit I—Geographic Information System (GIS) map files. Geographic Information System (GIS) map files must be submitted showing the entire proposed CGSA, the new cell sites (transmitting antenna locations), and the service area boundaries of additional and modified cell sites that extend into Unserved Area being claimed as CGSA. See § 22.911. The FCC will specify the file format required for the GIS map files, which are to be submitted electronically via the Universal Licensing System (ULS).
(2) Exhibit II—Reduced-size PDF map. This map must be 8
(3) Exhibit III—Technical Information. In addition, upon request by an applicant, licensee, or the FCC, a Cellular applicant or licensee of whom the request is made shall furnish the antenna type, model, the name of the antenna manufacturer, antenna gain in the maximum lobe, the beam width of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the maximum effective radiated power, and the electric field polarization of the wave emitted by the antenna when installed as proposed to the requesting party within ten (10) days of receiving written notification.
(4)-(10) [Reserved]
(11) Additional information. The FCC may request information not specified in FCC Form 601 or in paragraphs (a)(1) through (a)(3) of this section as necessary to process an application.
(b) Existing systems—major modifications. Licensees making major modifications pursuant to § 1.929(a) and (b) of this chapter must file FCC Form 601 and comply with the requirements of paragraph (a) of this section.
(c) Existing systems—minor modifications. Licensees making minor modifications pursuant to § 1.929(k) of this chapter must file FCC Form 601 or FCC Form 603, provided, however, that a resulting reduction in coverage within the CGSA is not subject to this requirement. See § 1.947(b). See also § 22.169. If the modification involves a contract SAB extension into or from the Gulf of Mexico Exclusive Zone, it must include a certification that the required written consent has been obtained. See §§ 22.912(c) and 22.950.
§§ 22.955-22.957 [Reserved]
§ 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.
§ 22.960 Cellular operations in the Chambers, TX CMA (CMA672-A).
This section applies only to Cellular systems operating on channel block A of the Chambers, Texas CMA (CMA672-A).
(a) The geographic boundary of CMA672-A is deemed to be the Cellular Geographic Service Area (CGSA) boundary. This CGSA boundary is not determined using the methodology of § 22.911. The licensee of CMA672-A may not propose an expansion of this CGSA into another CMA unless and until it meets the construction requirement set forth in paragraph (b)(2) of this section.
(b) A licensee that holds the license for CMA672-A must be providing signal coverage and offering service as follows (and in applying these geographic construction benchmarks, the licensee is to count total land area):
(1) To at least 35% of the geographic area of CMA672-A within four years of the grant of such authorization; and
(2) To at least 70% of the geographic area of its license authorization by the end of the license term.
(c) After it has met each of the requirements of paragraphs (b)(1) and (b)(2), respectively, of this section, the licensee that holds the license for CMA672-A must notify the FCC that it has met the requirement by submitting FCC Form 601, including GIS map files and other supporting documents showing compliance with the requirement. See § 1.946 of this chapter. See also § 22.953.
(d) Failure to meet the construction requirements set forth in paragraphs (b)(1) and (b)(2) of this section by each of the applicable deadlines will result in automatic termination of the license for CMA672-A and its return to the Commission for future re-licensing subject to competitive bidding procedures. The licensee that fails to meet each requirement of this section by the applicable deadline set forth in paragraphs (b)(1) and (b)(2) shall be ineligible to regain the license for CMA672-A.
§ 22.961 Cellular licenses subject to competitive bidding.
(a) The following applications for Cellular licensed area authorizations are subject to competitive bidding:
(1) Mutually exclusive applications for Unserved Area filed after July 26, 1993; and
(2) Mutually exclusive applications for the initial authorization for CMA672-A (Chambers, TX).
(b) The competitive bidding procedures set forth in § 22.229 and the general competitive bidding procedures set forth in subpart Q of part 1 of this chapter will apply.
§§ 22.962-22.969 [Reserved]
§ 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees from cellular radiotelephone or part 90-800 MHz cellular systems.
(a) Definition. Except as provided in 47 CFR 90.617(k), unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from cellular radiotelephone or part 90-800 MHz cellular systems will be deemed to occur when the below conditions are met:
(1) A transceiver at a site at which interference is encountered:
(i) Is in good repair and operating condition, and is receiving:
(A) A median desired signal of −104 dBm or higher, as measured at the R.F. input of the receiver of a mobile unit; or
(B) A median desired signal of −101 dBm or higher, as measured at the R.F. input of the receiver of a portable i.e. hand-held unit; and, either
(ii) Is a voice transceiver:
(A) With manufacturer published performance specifications for the receiver section of the transceiver equal to, or exceeding, the minimum standards set out in paragraph (b) of this section, below; and;
(B) Receiving an undesired signal or signals which cause the measured Carrier to Noise plus interference (C/(I + N)) ratio of the receiver section of said transceiver to be less than 20 dB, or,
(iii) Is a non-voice transceiver receiving an undesired signal or signals which cause the measured bit error rate (BER) (or some comparable specification) of the receiver section of said transceiver to be more than the value reasonably designated by the manufacturer.
(2) Provided, however, that if the receiver section of the mobile or portable voice transceiver does not conform to the standards set out in paragraph (b) of this section, then that transceiver shall be deemed subject to unacceptable interference only at sites where the median desired signal satisfies the applicable threshold measured signal power in paragraph (a)(1)(i) of this section after an upward adjustment to account for the difference in receiver section performance. The upward adjustment shall be equal to the increase in the desired signal required to restore the receiver section of the subject transceiver to the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted threshold levels shall then define the minimum measured signal power(s) in lieu of paragraphs (a)(1)(i) of this section at which the licensee using such non-compliant transceiver is entitled to interference protection.
(b) Minimum receiver requirements. Voice transceivers capable of operating in the 806-824 MHz portion of the 800 MHz band shall have the following minimum performance specifications in order for the system in which such transceivers are used to claim entitlement to full protection against unacceptable interference (See paragraph (a) (2) of this section).
(1) Voice units intended for mobile use: 75 dB intermodulation rejection ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference sensitivity.
(2) Voice units intended for portable use: 70 dB intermodulation rejection ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference sensitivity.
§ 22.971 Obligation to abate unacceptable interference.
(a) Strict Responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970, shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c). This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation.
(b) Joint and several responsibility. If two or more licensees knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970, such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time.
(1) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c). This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in this chapter, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in this chapter.
§ 22.972 Interference resolution procedures.
(a) Initial notification. (1) Cellular Radiotelephone licensees may receive initial notification of interference from non-cellular part 90 of this chapter licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter.
(2) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR licensees, shall establish an electronic means of receiving the initial notification described in § 90.674(a) of this chapter. The electronic system must be designed so that all appropriate Cellular Radiotelephone licensees and part 90 ESMR licensees can be contacted about the interference incident with a single notification. The electronic system for receipt of initial notification of interference complaints must be operating no later than February 22, 2005.
(3) Cellular Radiotelephone licensees must respond to the initial notification described in § 90.674(a) of this chapter, as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related.
(b) Interference analysis. Cellular Radiotelephone licensees—who receive an initial notification described in § 90.674(a) of this chapter—shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 of this chapter public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 of this chapter non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period.
(c) Mitigation steps. (1) All Cellular Radiotelephone and part 90 of this chapter—800 MHz cellular system licensees who are responsible for causing unacceptable interference shall take all affirmative measures to resolve such interference. Cellular Radiotelephone licensees found to contribute to unacceptable interference, as defined in § 22.970, shall resolve such interference in the shortest time practicable. Cellular Radiotelephone licensees and part 90 of this chapter—800 MHz cellular system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the cell parameters that may need to be adjusted is left to the discretion of the Cellular Radiotelephone and/or part 90 of this chapter—800 MHz cellular system licensees, whose affirmative measures may include, but not be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone system signal;
(iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna height;
(iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna characteristics;
(v) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone transmission equipment;
(vi) Permanently changing part 90 ESMR and/or Cellular Radiotelephone frequencies; and
(vii) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall be responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove inadequate, the affected part 90 of this chapter non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented.
(3) Discontinuing operations when clear imminent danger exists. When a part 90 of this chapter public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that:
(i) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and imminent danger;
(iii) Was formulated on the basis of either personal knowledge or belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and
(v) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission’s Public Safety and Homeland Security Bureau.
§ 22.973 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a part 90 ESMR or cellular radiotelephone licensee that they wish to receive prior notification of the activation or modification of part 90 ESMR or cellular radiotelephone cell sites in their area. Thereafter, the part 90 ESMR or cellular radiotelephone licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new cell site is activated or an existing cell site is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna height;
(4) Channels available for use.
(b) Purpose of prior notification. The prior coordination of cell sites is for informational purposes only. Public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to:
(1) Allow a public safety licensee to advise the part 90 of this chapter ESMR or Cellular Radiotelephone licensee whether it believes a proposed cell will generate unacceptable interference;
(2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR licensees to make voluntary changes in cell parameters when a public safety licensee alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when the cell is activated.
§ 22.983 Field strength limit.
(a) Subject to paragraphs (b) and (c) of this section, a licensee’s predicted or measured median field strength limit must not exceed 40 dBµV/m at any given point along the Cellular Geographic Service Area (CGSA) boundary of a neighboring licensee on the same channel block, unless the affected licensee of the neighboring CGSA on the same channel block agrees to a different field strength. This also applies to CGSAs partitioned pursuant to § 22.948.
(b) Gulf of Mexico Service Area. Notwithstanding the field strength limit provision set forth in paragraph (a) of this section, licensees in or adjacent to the Gulf of Mexico Exclusive Zone are subject to § 22.912(c) regarding service area boundary extensions. See § 22.912(c).
(c) Cellular licensees shall be subject to all applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico, notwithstanding paragraphs (a) and (b) of this section.
Subpart I—Offshore Radiotelephone Service
§ 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.
§ 22.1003 Eligibility.
Any eligible entity (see § 22.7) may apply for central station license(s) and/or offshore subscriber licenses under this subpart.
§ 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.
§ 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°45′ on the East to longitude W.94°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 | Central | Subscriber |
|---|---|---|---|
| 488.025 | 491.025 | 488.225 | 491.225 |
| 488.050 | 491.050 | 488.250 | 491.250 |
| 488.075 | 491.075 | 488.275 | 491.275 |
| 488.100 | 491.100 | 488.300 | 491.300 |
| 488.125 | 491.125 | 488.325 | 491.325 |
| 488.150 | 491.150 | 488.350 | 491.350 |
| 488.175 | 491.175 | 488.375 | 491.375 |
| 488.200 | 491.200 | 488.400 | 491.400 |
(2) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service:
| Central | Subscriber | Central | Subscriber |
|---|---|---|---|
| 488.425 | 491.425 | 488.575 | 491.575 |
| 488.450 | 491.450 | 488.600 | 491.600 |
| 488.475 | 491.475 | 488.625 | 491.625 |
| 488.500 | 491.500 | 488.650 | 491.650 |
| 488.525 | 491.525 | 488.675 | 491.675 |
| 488.550 | 491.550 | 488.700 | 491.700 |
(3) These channels may be assigned for use by relay stations in systems where it would be impractical to provide offshore radiotelephone service without the use of relay stations.
| Central | Subscriber | Central | Subscriber |
|---|---|---|---|
| 488.725 | 491.725 | 488.775 | 491.775 |
| 488.750 | 491.750 | 488.800 | 491.800 |
(4) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency communications involving protection of life and property.
| Central | Subscriber | Central | Subscriber |
|---|---|---|---|
| 488.825 | 491.825 | 488.875 | 491.875 |
| 488.850 | 491.850 | 488.900 | 491.900 |
(5) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency auto alarm and voice transmission pertaining to emergency conditions only.
| Central | Subscriber | ||
|---|---|---|---|
| 488.950 | 491.950 |
(6) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency shut-off remote control telemetry, environmental data acquisition and disseminations, or facsimile transmissions.
| Central | Subscriber | Central | Subscriber |
|---|---|---|---|
| 489.000 | 492.000 | 489.200 | 492.200 |
| 489.025 | 492.025 | 489.225 | 492.225 |
| 489.050 | 492.050 | 489.250 | 492.250 |
| 489.075 | 492.075 | 489.275 | 492.275 |
| 489.100 | 492.100 | 489.300 | 492.300 |
| 489.125 | 492.125 | 489.325 | 492.325 |
| 489.150 | 492.150 | 489.350 | 492.350 |
| 489.175 | 492.175 | 489.375 | 492.375 |
(7) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for private line service:
| Central | Subscriber | Central | Subscriber |
|---|---|---|---|
| 489.400 | 492.400 | 489.725 | 492.725 |
| 489.425 | 492.425 | 489.750 | 492.750 |
| 489.450 | 492.450 | 489.775 | 492.775 |
| 489.475 | 492.475 | 489.800 | 492.800 |
| 489.500 | 492.500 | 489.825 | 492.825 |
| 489.525 | 492.525 | 489.850 | 492.850 |
| 489.550 | 492.550 | 489.875 | 492.875 |
| 489.575 | 492.575 | 489.900 | 492.900 |
| 489.600 | 492.600 | 489.925 | 492.925 |
| 489.625 | 492.625 | 489.950 | 492.950 |
| 489.650 | 492.650 | 489.975 | 492.975 |
| 489.675 | 492.675 | 490.000 | 493.000 |
| 489.700 | 492.700 |
(8) Interstitial channels. Interstitial channels are those with center frequencies offset by ±12.5 kHz from the listed center frequencies. The FCC may assign interstitial channels to offshore stations in Zone A subject to the following conditions:
(i) Offshore stations transmitting on interstitial channels must be located east of W.92° 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.
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°45′ on the East to longitude W.95°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 | Central | Subscriber |
|---|---|---|---|
| 485.025 | 482.025 | 486.025 | 483.025 |
| 485.050 | 482.050 | 486.050 | 483.050 |
| 485.075 | 482.075 | 486.075 | 483.075 |
| 485.100 | 482.100 | 486.100 | 483.100 |
| 485.125 | 482.125 | 486.125 | 483.125 |
| 485.150 | 482.150 | 485.150 | 483.150 |
| 485.175 | 482.175 | 486.175 | 483.175 |
| 485.200 | 482.200 | 486.200 | 483.200 |
| 485.225 | 482.225 | 486.225 | 483.225 |
| 485.250 | 482.250 | 486.250 | 483.250 |
| 485.275 | 482.275 | 486.275 | 483.275 |
| 485.300 | 482.300 | 486.300 | 483.300 |
| 485.325 | 482.325 | 486.325 | 483.325 |
| 485.350 | 482.350 | 486.350 | 483.350 |
| 485.375 | 482.375 | 486.375 | 483.375 |
| 485.400 | 482.400 | 486.400 | 483.400 |
| 485.425 | 482.425 | 486.425 | 483.425 |
| 485.450 | 482.450 | 486.450 | 483.450 |
| 485.475 | 482.475 | 486.475 | 483.475 |
| 485.500 | 482.500 | 486.500 | 483.500 |
| 485.525 | 482.525 | 486.525 | 483.525 |
| 485.550 | 482.550 | 484.550 | 483.550 |
| 485.575 | 482.575 | 486.575 | 483.575 |
| 485.600 | 482.600 | 486.600 | 483.600 |
| 485.625 | 482.625 | 486.625 | 483.625 |
| 485.650 | 482.650 | 486.650 | 483.650 |
| 485.675 | 482.675 | 486.675 | 483.675 |
| 485.700 | 482.700 | 486.700 | 483.700 |
| 485.725 | 482.725 | 486.725 | 483.725 |
| 485.750 | 482.750 | 486.750 | 483.750 |
| 485.775 | 482.775 | 486.775 | 483.775 |
| 485.800 | 482.800 | 486.800 | 483.800 |
| 485.825 | 482.825 | 486.825 | 483.825 |
| 485.850 | 482.850 | 486.850 | 483.850 |
| 485.875 | 482.875 | 486.875 | 483.875 |
| 485.900 | 482.900 | 486.900 | 483.900 |
| 485.925 | 482.925 | 486.925 | 483.925 |
| 485.950 | 482.950 | 486.950 | 483.950 |
| 485.975 | 482.975 | 486.975 | 483.975 |
| 486.000 | 483.000 | 487.050 | 480.050 |
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°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°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 |
§ 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 § 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.
§ 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.
§ 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 § 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)
| Distance | 30 meters (100 feet) | 45 meters (150 feet) | 61 meters (200 feet) |
|---|---|---|---|
| 338 km (210 mi) | 1000 | 1000 | 1000 |
| 330 km (205 mi) | 1000 | 900 | 800 |
| 2 km (200 mi) | 800 | 710 | 630 |
| 314 km (195 mi) | 590 | 520 | 450 |
| 306 km (190 mi) | 450 | 400 | 330 |
| 298 km (185 mi) | 320 | 280 | 240 |
| 290 km (180 mi) | 250 | 210 | 175 |
| 282 km (175 mi) | 180 | 150 | 130 |
| 274 km (170 mi) | 175 | 110 | 100 |
| 266 km (165 mi) | 95 | 80 | 70 |
| 258 km (160 mi) | 65 | 55 | 50 |
| 249 km (155 mi) | 50 | 40 | 35 |
| 241 km (150 mi) | 35 | 30 | 25 |
§ 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)
| Distance from the 4.8 km (3 mi) limit | 30 meters (100 feet) | 61 meters (200 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 |
§ 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.
§ 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.
§ 22.1035 Construction period.
The construction period (see § 22.142) for offshore stations is 18 months.
§ 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°40′, and within 32.2 kilometers (20 miles) of the shoreline, and proposed use of the channels listed in § 22.1007(b), no third-order intermodulation interference would be caused to any base or mobile station using the channels between 488 and 494 MHz.
PART 24—PERSONAL COMMUNICATIONS SERVICES
Subpart A—General Information
§ 24.1 Basis and purpose.
This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued.
(a) Basis. The rules for the personal communications services (PCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations.
(b) Purpose. This part states the conditions under which portions of the radio spectrum are made available and licensed for PCS.
(c) Scope. The rules in this part apply only to stations authorized under this part. Rules in subparts D and E apply only to stations authorized under those subparts.
§ 24.2 Other applicable rule parts.
Other FCC rule parts applicable to licensees in the personal communications services include the following:
(a) Part 0. This part describes the Commission’s organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices.
(b) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission’s actions; provisions concerning violation notices and forfeiture proceedings; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter, if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS.
(c) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization.
(d) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation.
(e) Part 15. This part contains rules setting out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices. Unlicensed PCS devices operate under subpart D of part 15.
(f) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications.
(g) Part 20 of this chapter governs commercial mobile radio services.
(h) Part 21. This part contains rules concerning multipoint distribution service and multichannel multipoint distribution service.
(i) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network.
(j) Part 101. This part contains rules concerning common carrier and private services relating to fixed point-to-point and point-to-multipoint microwave systems.
§ 24.3 Permissible communications.
PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited.
§ 24.5 Terms and definitions.
Assigned Frequency. The center of the frequency band assigned to a station.
Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater.
Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site.
Base Station. A land station in the land mobile service.
Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands.
Effective Radiated Power (e.r.p.) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction.
Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna.
Fixed Service. A radiocommunication service between specified fixed points.
Fixed Station. A station in the fixed service.
Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations.
Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent.
Land Station. A station in the mobile service not intended to be used while in motion.
Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations.
Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points.
Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands.
National Geodetic Reference System (NGRS): The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce)
PCS Relocator. A PCS entity that pays to relocate a fixed microwave link from its existing 2 GHz facility to other media or other fixed channels.
Personal Communications Services (PCS). Radio communications that encompass mobile and ancillary fixed communication that provide services to individuals and businesses and can be integrated with a variety of competing networks.
Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information.
UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and Management, which coordinates relocation in the 1910-1930 MHz band.
Voluntarily Relocating Microwave Incumbent A microwave incumbent that voluntarily relocates its licensed facilities to other media or fixed channels.
§ 24.9 Operation of certificated signal boosters.
Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter. Failure to comply with all applicable rules voids the authority to operate a signal booster.
Subpart B—Applications and Licenses
General Filing Requirements
§ 24.10 Scope.
This subpart contains some of the procedures and requirements for filing applications for licenses in the personal communications services. One also should consult subparts F and G of this part. Other Commission rule parts of importance that may be referred to with respect to licensing and operation of radio services governed under this part include 47 CFR parts 0, 1, 2, 5, 15, 17 and 20.
(a) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired.
(b) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted.
§ 24.12 Eligibility.
Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under this part.
§ 24.15 License period.
Licenses for service areas will be granted for ten year terms from the date of original issuance or renewal.
Subpart C—Technical Standards
§ 24.50 Scope.
This subpart sets forth the technical requirements for use of the spectrum and equipment in the personal communications services.
(a) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in § 2.803 of this chapter, must be of a type that has been authorized by the Commission under its certification procedure for use under this part.
(b) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter.
§ 24.52 RF exposure.
Licensees and manufacturers shall ensure compliance with the Commission’s radio frequency exposure requirements in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request.
§ 24.53 Calculation of height above average terrain (HAAT).
(a) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level.
(b) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data file shall be identified. If 30 arc second data is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data is not available, elevation data from the Defense Mapping Agency’s Digital Chart of the World (DCW) may be used.
(c) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for each radial shall be used in the computation.
(d) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal radials).
(e) The position location of the antenna site shall be determined to an accuracy of no less than ±5 meters in both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the National Geodetic Reference System.
Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See § 17.6 of this chapter.
(a) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration.
(b) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety.
Subpart D—Narrowband PCS
§ 24.100 Scope.
This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz band).
§ 24.101 [Reserved]
§ 24.102 Service areas.
Narrowband PCS service areas are nationwide, regional, and Major Trading Areas (MTAs), as defined in this section. MTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available on the FCC’s website at www.fcc.gov/auctions through the “Maps” submenu.
(a) The nationwide service area consists of the fifty states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands.
(b) The regional service areas are defined as follows:
(1) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh.
(2) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands.
(3) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha.
(4) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
(5) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
(c) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following exceptions and additions:
(1) Alaska is separated from the Seattle MTA and is licensed separately.
(2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.
(3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.
(4) American Samoa is licensed as a single MTA-like area.
§ 24.103 Construction requirements.
(a) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000 square kilometers or serve 75 percent of the U.S. population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section.
(b) Regional narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 300,000 square kilometers or serve 75 percent of the service area population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section.
(c) MTA narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 75,000 square kilometers or 25 percent of the geographic area, or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or 50 percent of the geographic area, or serve 75 percent of the population of the service area within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section.
(d) As an alternative to the requirements of paragraphs (a), (b), and (c) of this section, narrowband PCS licensees may demonstrate that, no later than ten years after the initial grant of their license, they provide substantial service to their licensed area. Licensees choosing this option must notify the FCC by filing FCC Form 601, no later than 15 days after the end of the five year period following the initial grant of their license, that they plan to satisfy the alternative requirement to provide substantial service. “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal.
(e) In demonstrating compliance with the construction requirements set forth in this section, licensees must base their calculations on signal field strengths that ensure reliable service for the technology utilized. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both.
(1) For the purpose of this section, the service radius of a base station may be calculated using the following formula:
(2) Alternatively, licensees may use any service radius contour formula developed or generally used by industry, provided that such formula is based on the technical characteristics of their system.
(f) Upon meeting the five and ten year benchmarks in paragraphs (a), (b), and (c) of this section, or upon meeting the substantial service alternative in paragraph (d), licensees shall notify the Commission by filing FCC Form 601 and including a map and other supporting documentation that demonstrate the required geographic area coverage, population coverage, or substantial service to the licensed area. The notification must be filed with the Commission within 15 days of the expiration of the relevant period.
(g) If the sale of a license is approved, the new licensee is held to the original build-out requirement.
(h) Failure by a licensee to meet the above construction requirements shall result in forfeiture of the license and ineligibility to regain it.
§ 24.104 Partitioning and disaggregation.
Nationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations.
(a) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter.
(b) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and describe the partitioned service area on a schedule to the application. The partitioned service area shall be defined by up to 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area.
(c) Disaggregation. Spectrum may be disaggregated in any amount.
(d) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation.
(e) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee’s license term as provided for in § 1.955 of this chapter.
§ 24.129 Frequencies.
The following frequencies are available for narrowband PCS:
(a) Eighteen frequencies are available for assignment on a nationwide basis as follows:
(1) Seven 50 kHz channels paired with 50 kHz channels:
(2) Three 50 kHz channels paired with 12.5 kHz channels:
(3) Two 50 kHz unpaired channels:
(4) One 100 kHz unpaired channel:
(5) Two 150 kHz channels paired with 50 kHz channels:
(6) Three 100 kHz channels paired with 50 kHz channels:
(b) Five frequencies are available for assignment on a regional basis as follows:
(1) One 50 kHz channel paired with 50 kHz channel:
(2) Four 50 kHz channels paired with 12.5 kHz channels:
(c) Seven frequencies are available for assignment on an MTA basis as follows:
(1) Three 50 kHz unpaired channels:
(2) One 50 kHz channel paired with 50 kHz channel:
(3) One 100 kHz channel paired with 50 kHz channel:
(4) One 150 kHz channel paired with 50 kHz channel:
(5) One 100 kHz channel paired with 12.5 kHz channel:
Operations in markets or portions of markets which border other countries, such as Canada and Mexico, will be subject to on-going coordination arrangements with neighboring countries.
§ 24.130 [Reserved]
§ 24.131 Authorized bandwidth.
The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total aggregated channel width is permitted.
§ 24.132 Power and antenna height limits.
(a) Stations transmitting in the 901-902 MHz band are limited to 7 watts e.r.p.
(b) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 7 watts e.r.p.
(c) Base stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 3500 watts e.r.p. per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this section.
(d)(1) MTA and regional base stations located between 200 kilometers (124 miles) and 80 kilometers (50 miles) from their licensed service area border are limited to the power levels in the following table:
| Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT calculation method) | Effective radiated power (e.r.p.) (watts) |
|---|---|
| 183 (600) and below | 3500 |
| 183 (600) to 208 (682) | 3500 to 2584 |
| 208 (682) to 236 (775) | 2584 to 1883 |
| 236 (775) to 268 (880) | 1883 to 1372 |
| 268 (880) to 305 (1000) | 1372 to 1000 |
| 305 (1000) to 346 (1137) | 1000 to 729 |
| 346 (1137) to 394 (1292) | 729 to 531 |
| 394 (1292) to 447 (1468) | 531 to 387 |
| 447 (1468) to 508 (1668) | 387 to 282 |
| 508 (1668) to 578 (1895) | 282 to 206 |
| 578 (1895) to 656 (2154) | 206 to 150 |
| 656 (2154) to 746 (2447) | 150 to 109 |
| 746 (2447) to 848 (2781) | 109 to 80 |
| 848 (2781) to 963 (3160) | 80 to 58 |
| 963 (3160) to 1094 (3590) | 58 to 42 |
| 1094 (3590) to 1244 (4080) | 42 to 31 |
| 1244 (4080) to 1413 (4636) | 31 to 22 |
| Above 1413 (4636) | 16 |
(2) For heights between the values listed in the table, linear interpolation shall be used to determine maximum e.r.p.
(e) MTA and regional base stations located less than 80 kilometers (50 miles) from the licensed service area border must limit their effective radiated power in accordance with the following formula:
(f) All power levels specified in this section are expressed in terms of the maximum power, averaged over a 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent voltage with a resolution bandwidth equal to or greater than the authorized bandwidth.
(g) Additionally, PCS stations will be subject to any power limits imposed by international agreements.
§ 24.133 Emission limits.
(a) The power of any emission shall be attenuated below the transmitter power (P), as measured in accordance with § 24.132(f), in accordance with the following schedule:
(1) For transmitters authorized a bandwidth greater than 10 kHz:
(i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f
(ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f
(2) For transmitters authorized a bandwidth of 10 kHz:
(i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f
(ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f
(b) The measurements of emission power can be expressed in peak or average values provided they are expressed in the same parameters as the transmitter power.
(c) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.
(d) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.
§ 24.134 Co-channel separation criteria.
The minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70 miles). A co-channel separation distance is not required for the base stations of the same licensee or when the affected parties have agreed to other co-channel separation distances.
§ 24.135 Frequency stability.
(a) The frequency stability of the transmitter shall be maintained within ±0.0001 percent (±1 ppm) of the center frequency over a temperature variation of −30 °Celsius to + 50 °Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 °Celsius.
(b) For battery operated equipment, the equipment tests shall be performed using a new battery without any further requirement to vary supply voltage.
(c) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature range provided the transmitter ceases to function before it exceeds these frequency stability limits.
Subpart E—Broadband PCS
§ 24.200 Scope.
This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 1850-1910 and 1930-1990 MHz bands.
§ 24.202 Service areas.
Broadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is available is available on the FCC’s website at www.fcc.gov/auctions through the “Maps” submenu.
(a) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following exceptions and additions:
(1) Alaska is separated from the Seattle MTA and is licensed separately.
(2) Guam and the Northern Mariana Islands are licensed as a single MTA-like area.
(3) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area.
(4) American Samoa is licensed as a single MTA-like area.
(b) The BTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following additions licensed separately as BTA-like areas: American Samoa; Guam; Northern Mariana Islands; Mayagüez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The Mayagüez/Aguadilla-Ponce BTA-like service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Añasco, Arroyo, Cabo Rojo, Coamo, Guánica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Díaz, Lajas, Las Marías, Mayagüez, Maricao, Maunabo, Moca, Patillas, Peñuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San Germán, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service area consists of all other municipios in Puerto Rico.
§ 24.203 Construction requirements.
(a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. Licensees may choose to define population using the 1990 census or the 2000 census. Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee will be ineligible to regain it.
(b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission’s Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks resulting from the disaggregation option as provided in the Commission’s Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve with a signal level sufficient to provide adequate service to at least one-quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. Population is defined as the 1990 population census. Licensees may elect to use the 2000 population census to determine the five-year construction requirement. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it.
(c) Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.
(d) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands must make a showing of “substantial service” in their license area within ten years of the date of initial license issuance or renewal. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.
§ 24.229 Frequencies.
The frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter.
(a) The following frequency blocks are available for assignment on an MTA basis:
(b) The following frequency blocks are available for assignment on a BTA basis:
(c) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are available for assignment in the 175 Economic Areas defined in § 90.7 of this chapter. The 1910-1915 MHz block shall be used for mobile/portable station transmissions while the 1990-1995 MHz block shall be used for base station transmissions.
§ 24.232 Power and antenna height limits.
(a)(1) Base stations with an emission bandwidth of 1 MHz or less are limited to 1640 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below.
(2) Base stations with an emission bandwidth greater than 1 MHz are limited to 1640 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below.
(3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 1 and 2 of this section.
(4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply.
Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less
| HAAT in meters | Maximum EIRP watts |
|---|---|
| ≤300 | 1640 |
| ≤500 | 1070 |
| ≤1000 | 490 |
| ≤1500 | 270 |
| ≤2000 | 160 |
Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz
| HAAT in meters | Maximum EIRP watts/MHz |
|---|---|
| ≤300 | 1640 |
| ≤500 | 1070 |
| ≤1000 | 490 |
| ≤1500 | 270 |
| ≤2000 | 160 |
(b)(1) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth of 1 MHz or less are limited to 3280 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT.
(2) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT.
(3) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 3 and 4 of this section.
(4) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply.
(5) Operation under this paragraph (b) at power limits greater than permitted under paragraph (a) of this section must be coordinated in advance with all broadband PCS licensees authorized to operate on adjacent frequency blocks within 120 kilometers (75 miles) of the base station and is limited to base stations located more than 120 kilometers (75 miles) from the Canadian border and more than 75 kilometers (45 miles) from the Mexican border.
Table 3—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less
| HAAT in meters | Maximum EIRP watts |
|---|---|
| ≤300 | 3280 |
| ≤500 | 2140 |
| ≤1000 | 980 |
| ≤1500 | 540 |
| ≤2000 | 320 |
Table 4—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz
| HAAT in meters | Maximum EIRP watts/MHz |
|---|---|
| ≤300 | 3280 |
| ≤500 | 2140 |
| ≤1000 | 980 |
| ≤1500 | 540 |
| ≤2000 | 320 |
(c) Mobile and portable stations are limited to 2 watts EIRP and the equipment must employ a means for limiting power to the minimum necessary for successful communications.
(d) Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (e) of this section. In both instances, equipment employed must be authorized in accordance with the provisions of § 24.51. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB.
(e) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel.
Height above average terrain (HAAT) is to be calculated using the method set forth in § 24.53 of this part.
§ 24.235 Frequency stability.
The frequency stability shall be sufficient to ensure that the fundamental emission stays within the authorized frequency block.
§ 24.236 Field strength limits.
The predicted or measured median field strength at any location on the border of the PCS service area shall not exceed 47 dBuV/m unless the parties agree to a higher field strength.
§ 24.237 Interference protection.
(a) All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel incumbent fixed microwave licensees in the 1850-1990 MHz band. Coordination must occur before initiating operations from any base station. Problems that arise during the coordination process are to be resolved by the parties to the coordination. Licensees are required to coordinate with all users possibly affected, as determined by appendix I to this subpart E (Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994, (TSB10-F)); or an alternative method agreed to by the parties.
(b) The results of the coordination process need to be reported to the Commission only if the parties fail to agree. Because broadband PCS licensees are required to protect fixed microwave licensees in the 1850-1990 MHz band, the Commission will be involved in the coordination process only upon complaint of interference from a fixed microwave licensee. In such a case, the Commission will resolve the issues.
(c) In all other respects, coordination procedures are to follow the requirements of § 101.103(d) of this chapter to the extent that these requirements are not inconsistent with those specified in this part.
(d) The licensee must perform an engineering analysis to assure that the proposed facilities will not cause interference to existing OFS stations within the coordination distance specified in Table 3 of a magnitude greater than that specified in the criteria set forth in paragraphs (e) and (f) of this section, unless there is prior agreement with the affected OFS licensee. Interference calculations shall be based on the sum of the power received at the terminals of each microwave receiver from all of the applicant’s current and proposed PCS operations.
Table 3—Coordination Distances in Kilometers
| PCS Base Station Antenna HAAT in Meters | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| EIRP(W) | 5 | 10 | 20 | 50 | 100 | 150 | 200 | 250 | 300 | 500 | 1000 | 1500 | 2000 |
| 0.1 | 90 | 93 | 99 | 110 | 122 | 131 | 139 | 146 | 152 | 173 | 210 | 239 | 263 |
| 0.5 | 96 | 100 | 105 | 116 | 128 | 137 | 145 | 152 | 158 | 179 | 216 | 245 | 269 |
| 1 | 99 | 103 | 108 | 119 | 131 | 140 | 148 | 155 | 161 | 182 | 219 | 248 | 272 |
| 2 | 120 | 122 | 126 | 133 | 142 | 148 | 154 | 159 | 164 | 184 | 222 | 250 | 274 |
| 5 | 154 | 157 | 161 | 168 | 177 | 183 | 189 | 194 | 198 | 213 | 241 | 263 | 282 |
| 10 | 180 | 183 | 187 | 194 | 203 | 210 | 215 | 220 | 225 | 240 | 268 | 291 | 310 |
| 20 | 206 | 209 | 213 | 221 | 229 | 236 | 242 | 247 | 251 | 267 | 296 | 318 | 337 |
| 50 | 241 | 244 | 248 | 255 | 264 | 271 | 277 | 282 | 287 | 302 | 331 | 354 | 374 |
| 100 | 267 | 270 | 274 | 282 | 291 | 297 | 303 | 308 | 313 | 329 | 358 | 382 | 401 |
| 200 | 293 | 296 | 300 | 308 | 317 | 324 | 330 | 335 | 340 | 356 | 386 | 409 | 436 |
| 500 | 328 | 331 | 335 | 343 | 352 | 359 | 365 | 370 | 375 | 391 | 421 | 440 | |
| 1000 | 354 | 357 | 361 | 369 | 378 | 385 | 391 | 397 | 402 | 418 | |||
| 1200 | 361 | 364 | 368 | 376 | 385 | 392 | 398 | 404 | 409 | 425 | |||
| 1640 | 372 | 375 | 379 | 388 | 397 | 404 | 410 | 416 | 421 | 437 | |||
| 2400 | 384 | 387 | 391 | 399 | 408 | 415 | 423 | 427 | 431 | ||||
| 3280 | 396 | 399 | 403 | 412 | 419 | 427 | 435 | 439 | 446 | ||||
(e) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I criteria set forth in TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994 (TSB10-F).
(f) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the microwave receiver for analog system, or such that the interfering signal will not cause an increase in the bit error rate (BER) from 10E-6 to 10E-5 for digital systems.
(g) The development of the C/I ratios and interference criteria specified in paragraphs (e) and (f) of this section and the methods employed to compute the interfering power at the microwave receivers shall follow generally acceptable good engineering practices. The procedures described for computing interfering signal levels in (appendix I to this subpart E Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. Alternatively, procedures for determining interfering signal levels and other criteria as may be developed by the Electronics Industries Association (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) or any other recognized authority will be acceptable to the Commission.
§ 24.238 Emission limitations for Broadband PCS equipment.
The rules in this section govern the spectral characteristics of emissions in the Broadband Personal Communications Service.
(a) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
(b) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power.
(c) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC.
(d) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section.
Policies Governing Microwave Relocation From the 1850-1990 MHz Band
§ 24.239 Cost-sharing requirements for broadband PCS.
Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS. In accordance with procedures specified in §§ 101.69 through 101.81 of this chapter, PCS entities (both licensed and unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if interference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by other PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS entities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 24.243. However, PCS entities are required to reimburse other PCS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 24.241) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in § 101.69 of this chapter. If a licensee in the Broadband PCS Service enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-sharing obligations under §§ 24.239 through 24.253.
§ 24.241 Administration of the Cost-Sharing Plan.
The Wireless Telecommunications Bureau, under delegated authority, will select an entity to operate as a neutral, not-for-profit clearinghouse. This clearinghouse will administer the cost-sharing plan by, inter alia, maintaining all of the cost and payment records related to the relocation of each link and determining the cost-sharing obligation of subsequent PCS entities. The cost-sharing rules will not take effect until an administrator is selected.
§ 24.243 The cost-sharing formula.
A PCS relocator who relocates an interfering microwave link, i.e. one that is in all or part of its market area and in all or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement based on the following formula:
(a) RN equals the amount of reimbursement.
(b) C equals the actual cost of relocating the link. Actual relocation costs include, but are not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; prior coordination notification under § 101.103(d) of this chapter; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; and leased facilities. C also includes voluntarily relocating microwave incumbent’s independent third party appraisal of its compensable relocation costs and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. C may not exceed $250,000 per link, with an additional $150,000 permitted if a new or modified tower is required.
(c) N equals the number of PCS entities that would have interfered with the link. For the PCS relocator, N = 1. For the next PCS entity that would have interfered with the link, N = 2, and so on. In the case of a voluntarily relocating microwave incumbent, N = 1 for the first PCS entity that would have interfered with the link. For the next PCS entity that would have interfered with the link, N = 2, and so on.
(d) Tm equals the number of months that have elapsed between the month the PCS relocator or voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month that the clearinghouse notifies a later-entrant of its reimbursement obligation for the link. A PCS relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission’s rules.
§ 24.245 Reimbursement under the Cost-Sharing Plan.
(a) Registration of reimbursement rights. (1) To obtain reimbursement, a PCS relocator must submit documentation of the relocation agreement to the clearinghouse within ten business days of the date a relocation agreement is signed with an incumbent.
(2) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within ten business days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission’s rules.
(b) Documentation of expenses. Once relocation occurs, the PCS relocator or the voluntarily relocating microwave incumbent, must submit documentation itemizing the amount spent for items listed in § 24.243(b). The voluntarily relocating microwave incumbent, must also submit an independent third party appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent’s system with comparable facilities and should exclude the cost of any equipment upgrades or items outside the scope of § 24.243(b). The PCS relocator or the voluntarily relocating microwave incumbent, must identify the particular link associated with appropriate expenses (i.e., costs may not be averaged over numerous links). If a PCS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the PCS relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated cost for items listed in § 24.243(b). If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. A PCS relocator may submit receipts or other documentation to the clearinghouse for all relocation expenses incurred since April 5, 1995.
(c) Full reimbursement. A PCS relocator who relocates a microwave link that is either fully outside its market area or its licensed frequency band may seek full reimbursement through the clearinghouse of compensable costs, up to the reimbursement cap as defined in § 24.243(b). Such reimbursement will not be subject to depreciation under the cost-sharing formula.
§ 24.247 Triggering a reimbursement obligation.
(a) Licensed PCS. The clearinghouse will apply the following test to determine if a PCS entity preparing to initiate operations must pay a PCS relocator or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 24.243:
(1) All or part of the relocated microwave link was initially co-channel with the licensed PCS band(s) of the subsequent PCS entity;
(2) A PCS relocator has paid the relocation costs of the microwave incumbent; and
(3) The subsequent PCS entity is preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows:
(i) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows:
(ii) If the application of the Proximity Threshold test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent PCS entity of the total amount of its reimbursement obligation.
(b) Unlicensed PCS. UTAM’s reimbursement obligation is triggered either:
(1) When a county is cleared of microwave links in the unlicensed allocation, and UTAM invokes a Zone 1 power cap as a result of third party relocation activities; or
(2) A county is cleared of microwave links in the unlicensed allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.
(c) Any new entrants granted licenses for the 1910-1915 MHz band must reimburse UTAM a pro rata share of its total expenses incurred by UTAM as of the date that the new entrants gain access to the band. The percent required by new entrants to pay shall be calculated based upon the amount of spectrum granted to the new entrant as compared to the total amount of spectrum UTAM is responsible for clearing of incumbents (20 megahertz), and must be paid before a new entrant begins operations in the band. For example, if a new entrant obtains a license for 5 megahertz of spectrum in this band, it is required to reimburse UTAM one-quarter of UTAM’s total costs to date on a pro rata shared basis. New entrants will be responsible for the actual costs associated with future relocation activities in their licensed spectrum, but will be entitled to seek reimbursement from UTAM for the proportion of those band clearing costs that benefit users of the 1915-1930 MHz band.
§ 24.249 Payment issues.
(a) Timing. On the day that a PCS entity files its prior coordination notice (PCN) in accordance with § 101.103(d) of this chapter, it must file a copy of the PCN with the clearinghouse. The clearinghouse will determine if any reimbursement obligation exists and notify the PCS entity in writing of its repayment obligation, if any. When the PCS entity receives a written copy of such obligation, it must pay directly to the PCS relocator or the voluntarily relocating microwave incumbent the amount owed within thirty days, with the exception of those businesses that qualify for installment payments. A business that qualifies for an installment payment plan must make its first installment payment within thirty days of notice from the clearinghouse. UTAM’s first payment will be due thirty days after its reimbursement obligation is triggered, as described in § 24.247(b).
(b) Eligibility for Installment Payments. PCS licensees that are allowed to pay for their licenses in installments under our designated entity rules will have identical payment options available to them with respect to payments under the cost-sharing plan. The specific terms of the installment payment mechanism, including the treatment of principal and interest, are the same as those applicable to the licensee’s installment auction payments. If, for any reason, the entity eligible for installment payments is no longer eligible for such installment payments on its license, that entity is no longer eligible for installment payments under the cost-sharing plan. UTAM may make quarterly payments over a five-year period with an interest rate of prime plus 2.5 percent. UTAM may also negotiate separate repayment arrangements with other parties.
§ 24.251 Dispute resolution under the Cost-Sharing Plan.
Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques.
§ 24.253 Termination of cost-sharing obligations.
The cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary negotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of relocation costs on an installment basis must continue the payments until the obligation is satisfied.
Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and Order)
The new Rules adopted in Part 24 stipulate that estimates of interference to fixed microwave operations from a PCS operation will be based on the sum of signals received at a microwave receiver from the PCS operation. This appendix describes a procedure for computing this PCS level.
In general, the procedure involves four steps:
1. Determine the geographical coordinates of all microwave receivers operating on co-channel and adjacent frequencies within the coordination distance of each base station and the characteristics of each receiver, i.e., adjacent channel susceptibility, antenna gain, pattern and height, and line and other losses.
2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station and equivalent e.i.r.p. values for the mobiles and portables associated with each base station. Determine the values of pertinent correction and weighting factors based on building heights and density and distribution of portables. Close-in situations, prominent hills, and extra tall buildings require special treatment.
3. Based on PCS e.i.r.p. values, correction and weighting factors, and microwave receiving system characteristics determined above, calculate the total interference power at the input of each microwave receiver, using the Longley-Rice propagation model.
4. Based on the interference power level computed in step 3, determine interference to each microwave receiver using criteria described in Part 24 and EIA/TIA Bulletin 10-F.
The interference from each base station and the mobiles and portables associated with it is calculated as follows:
Where C
Finally, the total PCS interference power at a given microwave receiver from all the base stations in a given frequency band is found by summing the contributions from the individual stations. Likewise, the total interference power at a given microwave receiver from all mobiles and portables operating in a given frequency band is found by summing the contributions from the mobiles and portables associated with each cell.
Base Stations. Interference from each base station to each microwave should normally be considered independently. A group of base stations having more or less (within ±50 percent) the same height above average terrain, the same e.i.r.p., basically the same path to a microwave receiving site, and subtending an angle to that receiving site of less than 5 degrees, may be treated as a group, using the total power of the group and the average antenna height of the group to calculate path loss, L.
Mobile Stations. The e.i.r.p. from mobile transmitters is weighted according to the number of base station channels expected to be devoted to mobile operation at any given time. The antenna height of mobiles used in calculating path loss, L, is assumed to be 2 meters.
Portable Stations. The e.i.r.p. from the portable units associated with each base station is weighted according to the estimated portion of portables associated with that cell expected to be operated inside buildings at any given time and the portion which could be expected to be operating from elevated locations, such as balconies or building rooftops. For example, in the case of service intended for business use in an urban area, one might expect that perhaps 85 percent of the portables in use at any given time would be operating from within buildings and perhaps 5 percent might be operating from rooftops or balconies. The remaining 10 percent would be outside at street level.
Calculation of an equivalent e.i.r.p. for cells in suburban areas will involve different weighting criteria.
Urban Correction Factor. The urban correction factor (UC) depends on the height and density of buildings surrounding a base station. For the core area of large cities, it is assumed to be 35 dB. For medium size cities and fringe areas of large cities (4- to 6-story buildings with scattered taller buildings and lower buildings and open spaces) it is assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban residential areas (one- and two-story, single family houses with scattered multiple-story apartment buildings, shopping centers and open areas), 10 dB.
The unadjusted urban correction factor, UC, should not be applied to base station antenna heights that are greater than 50 percent of the average building height for a cell.
Building Height and Building Penetration Factors. The building height correction, BH, is a function of the average building height within the nominal coverage area of the base station. It is used in conjunction with the building penetration loss, BP, to adjust the expected interference contribution from that portion of the portables transmitting from within buildings. The adjustment is given by:
(Note that this formula implies a net gain when the average building height is greater than 8 floors). All buildings more than twice the average height should be considered individually. The contribution to BH from that portion of portables in the building above the average building height should be increased by a factor of 20Log(h) dB, where h is the height of the portables above the average building height in meters.
Channel Discrimination Factor. A factor based on the interference selectivity of the microwave receiver.
Propagation Model. The PCS to microwave path loss, L, is calculated using the Longley-Rice propagation model, Version 1.2.2., in the point-to-point mode. The Longley-Rice [1] model was derived from NBS Technical Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 incorporated modifications described in a letter by Hufford [4] in 1985. Terrain elevations used as input to the model should be from the U.S. Geological Survey 3-second digitized terrain database.
Special Situations. If a cell size is large compared to the distance between the cell and a microwave receiving site so that it subtends an angle greater than 5 degrees, the cell should be subdivided and calculations should be based on the expected distribution of mobiles and portables within each subdivision.
If terrain elevations within a cell differ by more than a factor of two-to-one, the cell should be subdivided and microwave interference calculations should be based on the average terrain elevation for each subdivision.
If a co-channel PCS base station lies within the main beam of a microwave antenna (±5 degrees), there is no intervening terrain obstructions, and the power at the microwave receiver from that base station, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses.
If any part of a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the accumulative power of 5 percent or less of the mobiles, assuming free space propagation would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses.
If a building within a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the cumulative power of 5 percent or fewer of the portables, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses.
1. Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio Transmission Loss Over Irregular Terrain, A Computer Method-1968”, ESSA Technical Report ERL 79-ITS 67, Institute for Telecommunications Sciences, July 1968.
2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss Predictions for Tropospheric Communications Circuits,” NBS Technical Note 101 (Revised), Volumes I and II, U.S. Department of Commerce, 1967.
3. Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of the ITS Irregular Terrain Model in the Area Prediction Mode”, NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, Circular letter, dated January 30, 1985, from G.A. Hufford, identifying modifications to the computer program.
4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model, Institute for Telecommunications Sciences, U.S. Department of Commerce, January 30, 1985.
Subpart F—Competitive Bidding Procedures for Narrowband PCS
§ 24.301 Narrowband PCS subject to competitive bidding.
Mutually exclusive initial applications for narrowband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart.
§§ 24.302-24.309 [Reserved]
§ 24.320 [Reserved]
§ 24.321 Designated entities.
(a) Eligibility for small business provisions. (1) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 40 million for the preceding three years.
(2) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 15 million for the preceding three years.
(b) Bidding credits. After August 7, 2000, a winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter.
(c) Installment payments. Small businesses that are winning bidders on any regional license prior to August 7, 2000 will be eligible to pay the full amount of their winning bids in installments over the term of the license pursuant to the terms set forth in § 1.2110(g) of this chapter.
Subpart G—Interim Application, Licensing and Processing Rules for Narrowband PCS
§ 24.403 Authorization required.
No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part.
§ 24.404 Eligibility.
(a) General. Authorizations will be granted upon proper application if:
(1) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under the laws, including § 24.12;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a grant.
(b) Alien ownership. A narrowband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign government.
(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of a foreign country.
(4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. A Narrowband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof.
§§ 24.405-24.414 [Reserved]
§ 24.415 Technical content of applications; maintenance of list of station locations.
(a) All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a narrowband PCS license must also comply with all technical requirements of the rules governing the narrowband PCS (see subparts C and D as appropriate). The following paragraphs describe a number of general technical requirements.
(b) Each application (except applications for initial licenses filed on Form 175) for a radio station authorization for narrowband PCS must comply with the provisions of §§ 24.129 through 24.135.
(c)-(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to be the station location. Narrowband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude.
§§ 24.416-24.429 [Reserved]
§ 24.430 Opposition to applications.
(a) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must:
(1) Identify the application or applications (including applicant’s name, station location, Commission file numbers and radio service involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter;
(3) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; and
(4) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission.
(b) A petition to deny a major amendment to a previously filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying, previously filed application. This does not apply to petitioners who gain standing because of the major amendment.
(c) Parties who file frivolous petitions to deny may be subject to sanctions including monetary forfeitures, license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions.
§ 24.431 Mutually exclusive applications.
(a) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” to mean interference which would result in a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict.
(b) Mutually exclusive applications filed on Form 175 for the initial provision of narrowband PCS service are subject to competitive bidding in accordance with the procedures in subpart F of this part and in 47 CFR part 1, subpart Q.
(c) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest.
§§ 24.432-24.444 [Reserved]
Subpart H—Competitive Bidding Procedures for Broadband PCS
§ 24.701 Broadband PCS subject to competitive bidding.
Mutually exclusive initial applications for broadband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart.
§§ 24.702-24.708 [Reserved]
§ 24.709 Eligibility for licenses for frequency Blocks C or F.
(a) General rule for licenses offered for closed bidding. (1) No application is acceptable for filing and no license shall be granted to a winning bidder in closed bidding for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant’s short-form application (Form 175) is filed.
(2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee’s (or other attributable entity’s) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or other investments, business development, or expanded service shall not be considered.
(3) Tiers. (i) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see § 24.202(b)) are divided into two tiers according to their population as follows:
(A) Tier 1: BTA service areas with population equal to or greater than 2.5 million;
(B) Tier 2: BTA service areas with population less than 2.5 million.
(ii) For Auction No. 35, the population of individual BTA service areas will be based on the 1990 census. For auctions beginning after the start of Auction No. 35, the population of individual BTA service areas will be based on the most recent available decennial census.
(4) Application of eligibility requirements. (i) The following categories of licenses will be subject to closed bidding pursuant to the eligibility requirements of this section in auctions that begin after the effective date of this paragraph.
(A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz);
(B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) and all 15 MHz C block licenses.
(ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any auction beginning on or after March 23, 1999, will not be subject in a subsequent auction to closed bidding pursuant to the eligibility requirements of this section.
(5) Special rule for licensees disaggregating or returning certain spectrum in frequency block C.
(i) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any entity that was eligible for and participated in the auction for frequency block C, which began on December 18, 1995, or the reauction for frequency block C, which began on July 3, 1996, will be eligible to bid for C block licenses offered in closed bidding in any reauction of frequency block C spectrum that begins within two years of March 23, 1999.
(ii) In cases of merger, acquisition, or other business combination of entities, where each of the entities is eligible to bid for C block licenses offered in closed bidding in any reauction of C block spectrum on the basis of the eligibility exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (a)(5)(i) of this section.
(iii) In cases of merger, acquisition, or other business combination of entities, where one or more of the entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of this section unless an eligible entity possesses de jure and de facto control over the resulting entity.
(iv) The following restrictions will apply for any reauction of frequency block C spectrum conducted after March 24, 1998:
(A) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of spectrum from any or all of their frequency block C licenses, as provided in Amendment of the Commission’s Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated spectrum until 2 years from the start of the reauction of that spectrum.
(B) Applicants that surrendered to the Commission any of their frequency block C licenses, as provided in Amendment of the Commission’s Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from the start of the reauction of those licenses if they elected to apply a credit of 70% of the down payment they made on those licenses toward the prepayment of licenses they did not surrender.
(b) Exceptions to general rule—(1) Scope. The following provisions apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant to § 24.839(a)(2) or (a)(3) prior to October 30, 2000.
(i) Small business consortia. Where an applicant (or licensee) is a consortium of small businesses, the gross revenues and total assets of each small business shall not be aggregated.
(ii) Publicly-traded corporations. Where an applicant (or licensee) is a publicly traded corporation with widely dispersed voting power, the gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered.
(iii) 25 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as:
(A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 25 percent of the applicant’s (or licensee’s) total equity;
(B) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a member of the applicant’s (or licensee’s) control group; and
(C) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(v) of this section, and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant’s (or licensee’s) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests.
(iv) 49.9 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as:
(A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 49.9 percent of the applicant’s (or licensee’s) total equity;
(B) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a member of the applicant’s (or licensee’s) control group; and
(C) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(vi) of this section and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant’s (or licensee’s) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests.
(v) Control group minimum 25 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iii) of this section, and applicant (or licensee) must comply with the following requirements:
(A) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of this section, at the time the applicant’s short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant’s (or licensee’s) control group must own at least 25 percent of the applicant’s (or licensee’s) total equity as follows:
(1) At least 15 percent of the applicant’s (or licensee’s) total equity must be held by qualifying investors, either unconditionally or in the form of options exercisable, at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175);
(2) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group, and must have de facto control of the control group and of the applicant;
(3) The remaining 10 percent of the applicant’s (or licensee’s) total equity may be owned, either unconditionally or in the form of stock options, by any of the following entities, which may not comply with § 24.720(g)(1):
(i) Institutional Investors;
(ii) Noncontrolling existing investors in any preexisting entity that is a member of the control group;
(iii) Individuals that are members of the applicant’s (or licensee’s) management; or
(iv) Qualifying investors, as specified in § 24.720(g)(3).
(4) Following termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section, qualifying investors must continue to own at least 10 percent of the applicant’s (or licensee’s) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(v)(A)(1) of this section. The restrictions specified in paragraphs (b)(1)(v)(A)(3)(i) through (b)(1)(v)(A)(3)(iv) of this section no longer apply to the remaining equity after termination of such three-year period.
(B) At the election of an applicant (or licensee) whose control group’s sole member is a preexisting entity, the 25 percent minimum equity requirements set forth in paragraph (b)(1)(v)(A) of this section shall apply, except that only 10 percent of the applicant’s (or licensee’s) total equity must be held in qualifying investors, and that the remaining 15 percent of the applicant’s (or licensee’s) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant’s (or licensee’s) management. These restrictions on the identity of the holder(s) of the remaining 15 percent of the licensee’s total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section.
(vi) Control group minimum 50.1 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iv) of this section, an applicant (or licensee) must comply with the following requirements:
(A) Except for an applicant (or licenses) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) of this section, at the time the applicant’s short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant’s (or licensee’s) control group must own at least 50.1 percent of the applicant’s (or licensee’s) total equity as follows:
(1) At least 30 percent of the applicant’s (or licensee’s) total equity must be held by qualifying investors, either unconditionally or in the form of options, exercisable at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175);
(2) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group and must have de facto control of the control group and of the applicant;
(3) The remaining 20.1 percent of the applicant’s (or licensee’s) total equity may be owned by qualifying investors, either unconditionally or in the form of stock options not subject to the restrictions of paragraph (b)(1)(vi)(A)(1) of this section, or by any of the following entities which may not comply with § 24.720(g)(1):
(i) Institutional investors, either unconditionally or in the form of stock options;
(ii) Noncontrolling existing investors in any preexisting entity that is a member of the control group, either unconditionally or in the form of stock options;
(iii) Individuals that are members of the applicant’s (or licensee’s) management, either unconditionally or in the form of stock options; or
(iv) Qualifying investors, as specified in § 24.720(g)(3).
(4) Following termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section, qualifying investors must continue to own at least 20 percent of the applicant’s (or licensee’s) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(vi)(A)(1) of this section. The restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through (b)(1)(vi)(A)(3)(iv) of this section no longer apply to the remaining equity after termination of such three-year period.
(B) At the election of an applicant (or licensee) whose control group’s sole member is a preexisting entity, the 50.1 percent minimum equity requirements set forth in paragraph (b)(1)(vi)(A) of this section shall apply, except that only 20 percent of the applicant’s (or licensee’s) total equity must be held by qualifying investors, and that the remaining 30.1 percent of the applicant’s (or licensee’s) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant’s (or licensee’s) management. These restrictions on the identity of the holder(s) of the remaining 30.1 percent of the licensee’s total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section.
(vii) Calculation of certain interests. Except as provided in paragraphs (b)(1)(v) and (b)(1)(vi) of this section, ownership interests shall be calculated on a fully diluted basis; all agreements such as warrants, stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised, except that such agreements may not be used to appear to terminate or divest ownership interests before they actually do so, in order to comply with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
(viii) Aggregation of affiliate interests. Persons or entities that hold interest in an applicant (or licensee) that are affiliates of each other or have an identify of interests identified in § 1.2110(c)(5)(iii) will be treated as though they were one person or entity and their ownership interests aggregated for purposes of determining an applicant’s (or licensee’s) compliance with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
(2) The following provisions apply to licenses acquired pursuant to § 24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition to the eligibility requirements set forth at 24.709(a) and (b), applicants and/or licensees seeking to acquire C and/or F block licenses pursuant to 24.839(a)(2) or (a)(3) will be subject to the controlling interest standard in 1.2110(c)(2) of this chapter for purposes of determining unjust enrichment payment obligations. See § 1.2111 of this chapter.
(c) Short-form and long-form applications: Certifications and disclosure—(1) Short-form application. In addition to certifications and disclosures required by part 1, subpart Q of this chapter, each applicant to participate in closed bidding for frequency block C or frequency block F shall certify on its short-form application (Form 175) that it is eligible to bid on and obtain such license(s), and (if applicable) that it is eligible for designated entity status pursuant to this section and § 24.720, and shall append the following information as an exhibit to its Form 175:
(i) For all applicants: The applicant’s gross revenues and total assets, computed in accordance with paragraphs (a) of this section and § 1.2110(b)(1) through (b)(2) of this chapter.
(ii) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22:
(A) The identity of each member of the applicant’s control group, regardless of the size of each member’s total interest in the applicant, and the percentage and type of interest held;
(B) The status of each control group member that is an institutional investor, an existing investor, and/or a member of the applicant’s management;
(C) The identity of each affiliate of the applicant and each affiliate of individuals or entities identified pursuant to paragraphs (C)(1)(ii)(A) and (c)(1)(ii)(B) of this section;
(D) A certification that the applicant’s sole control group member is a preexisting entity, if the applicant makes the election in either paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and
(E) For an applicant that is a publicly traded corporation with widely disbursed voting power:
(1) A certified statement that such applicant complies with the requirements of the definition of publicly traded corporation with widely disbursed voting power set forth in § 24.720(f);
(2) The identity of each affiliate of the applicant.
(iii) For each applicant claiming status as a small business consortium, the information specified in paragraph (c)(1)(ii) of this section, for each member of such consortium.
(2) Long-form application. In addition to the requirements in subpart I of this part and other applicable rules (e.g., §§ 20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-form application for a license(s) for frequency block C or F shall in an exhibit to its long-form application:
(i) Disclose separately and in the aggregate the gross revenues and total assets, computed in accordance with paragraphs (a) and (b) of this section, for each of the following: The applicant; the applicant’s affiliates, the applicant’s control group members; the applicant’s attributable investors; and affiliates of its attributable investors;
(ii) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant’s eligibility for a license(s) for frequency block C or frequency block F and its eligibility under §§ 24.711, 24.712, 24.714 and 24.720, including the establishment of de facto and de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and
(iii) List and summarize any investor protection agreements and identify specifically any such provisions in those agreements identified pursuant to paragraph (c)(2)(ii) of this section, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees.
(3) Records maintenance. All applicants, including those that are winning bidders, shall maintain at their principal place of business an updated file of ownership, revenue and asset information, including those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any other documents necessary to establish eligibility under this section and any other documents necessary to establish eligibility under this section or under the definition of small business. Licensees (and their successors in interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (Form 175), whichever is earlier.
(d) Definitions. The terms control group, existing investor, institutional investor, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, and small business used in this section are defined in § 24.720.
§ 24.710 [Reserved]
§ 24.711 Installment payments for licenses for frequency Block C.
Installment payments. Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net auction price for the license in installment payments pursuant to § 1.2110(f) of this chapter and under the following terms:
(a) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(n) of this chapter and § 24.709(b)) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license.
(b) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and § 24.709(b)) in each of the two preceding years, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term.
(c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first six years and payments of interest and principal amortized over the remaining four years of the license term.
§ 24.712 Bidding credits for licenses won for frequency Block C.
(a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid.
(b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid.
(c) Unjust enrichment. The unjust enrichment provisions of § 1.2111(d) and (e)(2) of this chapter shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996.
§ 24.713 [Reserved]
§ 24.714 Partitioned licenses and disaggregated spectrum.
(a) Eligibility. (1) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 24.839.
(2) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband PCS C and F block licenses not subject to the eligibility requirements of § 24.709 may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses.
(3) Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the eligibility requirements of § 24.709 may partition their licensed geographic service area or disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set forth in § 24.709 at the time the request for partial assignment of license is filed or to an entity that holds license(s) for frequency blocks C and F that met the eligibility criteria set forth in § 24.709 at the time of receipt of such license(s). Partial assignment applications seeking partitioning or disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment demonstrating compliance with this section.
(b) Technical standards—(1) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83).
(2) Disaggregation. Spectrum may be disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.
(c) Installment payments—(1) Apportioning the balance on installment payment plans. When a winning bidder elects to pay for its license through an installment payment plan pursuant to § 1.2110(g) of this chapter or § 24.716, and partitions its licensed area or disaggregates spectrum to another party, the outstanding balance owed by the licensee on its installment payment plan (including accrued and unpaid interest) shall be apportioned between the licensee and partitionee or disaggregatee. Both parties will be responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In the case of partitioning, the balance shall be apportioned based upon the ratio of the population of the partitioned area to the population of the entire original license area calculated based upon the most recent census data. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area.
(2) Parties not qualified for installment payment plans. (i) When a winning bidder elects to pay for its license through an installment payment plan, and partitions its license or disaggregates spectrum to another party that would not qualify for an installment payment plan or elects not to pay its share of the license through installment payments, the outstanding balance owed by the licensee (including accrued and unpaid interest shall be apportioned according to § 24.714(c)(1)).
(ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in a rescission of the grant of the partial assignment application.
(iii) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance and shall receive new financing documents (promissory note, security agreement) with a revised payment obligation, based on the remaining amount of time on the original installment payment schedule. These financing documents will replace the licensee’s existing financing documents, which shall be marked “superseded” and returned to the licensee upon receipt of the new financing documents. The original interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to the licensee’s portion of the remaining government obligation. The Commission will require, as a further condition to approval of the partial assignment application, that the licensee execute and return to the U.S. Treasury the new financing documents within 30 days of the Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in the automatic cancellation of the grant of the partial assignment application.
(iv) A default on the licensee’s payment obligation will only affect the licensee’s portion of the market.
(3) Parties qualified for installment payment plans. (i) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligations, as calculated according to § 24.714(c)(1).
(ii) Each party will be required, as a condition to approval of the partial assignment application, to execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata portion of the balance due (including accrued and unpaid interest) based upon the installment payment terms for which they qualify under the rules. The financing documents must be returned to the U.S. Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment application. Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. The interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both parties’ portion of the balance due. Each party will receive a license for their portion of the partitioned market or disaggregated spectrum.
(iii) A default on an obligation will only affect that portion of the market area held by the defaulting party.
(iv) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury and to pay the remaining portion of the balance due pursuant to an installment payment plan.
(d) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee’s license term as provided for in § 24.15.
§ 24.716 Installment payments for licenses for frequency Block F.
Installment Payments. Each eligible licensee of frequency Block F may pay the remaining 80 percent of the net auction price for the license in installment payments pursuant to § 1.2110(g) of this chapter and under the following terms:
(a) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b)) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license;
(b) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b)) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term; or
(c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first two years and payments of interest and principal amortized over the remaining eight years of the license term.
§ 24.717 Bidding credits for licenses for frequency Block F.
(a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid.
(b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2), or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid.
§ 24.720 Definitions.
(a) Scope. The definitions in this section apply to §§ 24.709 through 24.717, unless otherwise specified in those sections.
(b) Small and very small business. (1) A small business is an entity that, together with its affiliates and persons or entities that hold interest in such entity and their affiliates, has average annual gross revenues that are not more than $40 million for the preceding three years.
(2) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 million for the preceding three years.
(c) Institutional Investor. An institutional investor is an insurance company, a bank holding stock in trust accounts through its trust department, or an investment company as defined in 15 U.S.C. 80a-3(a), including within such definition any entity that would otherwise meet the definition of investment company under 15 U.S.C. 80a-3(a) but is excluded by the exemptions set forth in 15 U.S.C. 80a-3(b) and (c), without regard to whether such entity is an issuer of securities; provided that, if such investment company is owned, in whole or in part, by other entities, such investment company, such other entities and the affiliates of such other entities, taken as a whole, must be primarily engaged in the business of investing, reinvesting or trading in securities or in distributing or providing investment management services for securities.
(d) Nonattributable Equity—(1) Nonattributable equity shall mean:
(i) For corporations, voting stock or non-voting stock that includes no more than twenty-five percent of the total voting equity, including the right to vote such stock through a voting trust or other arrangement;
(ii) For partnerships, joint ventures and other non-corporate entities, limited partnership interests and similar interests that do not afford the power to exercise control of the entity.
(2) For purposes of assessing compliance with the equity limits in § 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests are not held directly in the applicant, the total equity held by a person or entity shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain.
(e) Control Group. A control group is an entity, or a group of individuals or entities, that possesses de jure control and de facto control of an applicant or licensee, and as to which the applicant’s or licensee’s charters, bylaws, agreements and any other relevant documents (and amendments thereto) provide:
(1) That the entity and/or its members own unconditionally at least 50.1 percent of the total voting interests of a corporation;
(2) That the entity and/or its members receive at least 50.1 percent of the annual distribution or any dividends paid on the voting stock of a corporation;
(3) That, in the event of dissolution or liquidation of a corporation, the entity and/or its members are entitled to receive 100 percent of the value of each share of stock in its possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and
(4) That, for other types of businesses, the entity and/or its members have the right to receive dividends, profits and regular and liquidating distributions from the business in proportion to the amount of equity held in the business.
Voting control does not always assure de facto control, such as for example, when the voting stock of the control group is widely dispersed (see e.g., § 1.2110(c)(5)(ii)(C) of this chapter).
(f) Publicly Traded Corporation with Widely Dispersed Voting Power. A publicly traded corporation with widely dispersed voting power is a business entity organized under the laws of the United States:
(1) Whose shares, debt, or other ownership interests are traded on an organized securities exchange within the United States;
(2) In which no person:
(i) Owns more than 15 percent of the equity; or
(ii) Possesses, directly or indirectly, through the ownership of voting securities, by contract or otherwise, the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation; and
(3) Over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation, in their capacities as such, has de facto control.
(4) The term person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and shall also include investors that are commonly controlled under the indicia of control set forth in the definition of affiliate in § 1.2110(c)(5) of the Commission’s rules.
(g) Qualifying investor. (1) A qualifying investor is a person who is (or holds an interest in) a member of the applicant’s (or licensee’s) control group and whose gross revenues and total assets, when aggregated with those of all other attributable investors and affiliates, do not exceed the gross revenues and total assets limits specified in § 24.709(a), or, in the case of an applicant (or licensee) that is a small business, do not exceed the gross revenues limit specified in paragraph (b) of this section.
(2) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v) and (b)(1)(vi), where such equity interests are not held directly in the applicant, interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain.
(3) For purposes of § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), a qualifying investor is a person who is (or holds an interest in) a member of the applicant’s (or licensee’s) control group and whose gross revenues and total assets do not exceed the gross revenues and total assets limits specified in § 24.709(a).
(h) Preexisting entity; Existing investor. A preexisting entity is an entity that was operating and earning revenues for at least two years prior to December 31, 1994. An existing investor is a person or entity that was an owner of record of a preexisting entity’s equity as of November 10, 1994, and any person or entity acquiring de minimis equity holdings in a preexisting entity after that date.
In applying the term existing investor to de minimis interests in preexisting entities obtained or increased after November 10, 1994, the Commission will scrutinize any significant restructuring of the preexisting entity that occurs after that date and will presume that any change of equity that is five percent or less of the preexisting entity’s total equity is de minimis. The burden is on the applicant (or licensee) to demonstrate that changes that exceed five percent are not significant.
Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS
§§ 24.801-24.803 [Reserved]
§ 24.804 Eligibility.
(a) General. Authorizations will be granted upon proper application if:
(1) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions;
(2) There are frequencies available to provide satisfactory service; and
(3) The public interest, convenience or necessity would be served by a grant.
(b) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign government.
(3) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country.
(4) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such a license.
(c) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof.
§§ 24.805-24.814 [Reserved]
§ 24.815 Technical content of applications; maintenance of list of station locations.
(a) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all technical requirements of the rules governing the broadband PC (see subparts C and E of this part as appropriate). The following paragraphs describe a number of general technical requirements.
(b) Each application (except applications for initial licenses filed on Form 175) for a license for broadband PCS must comply with the provisions of §§ 24.229-24.238 of the Commission’s Rules.
(c)-(i) [Reserved]
(j) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude.
§§ 24.816-24.829 [Reserved]
§ 24.830 Opposition to applications.
(a) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must:
(1) Identify the application or applications (including applicant’s name, station location, Commission file numbers and radio service involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter;
(3) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest;
(4) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and
(5) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission.
(b) A petition to deny a major amendment to a previously-filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying previously-filed application. This subsection does not apply, however, to petitioners who gain standing because of the major amendment.
§ 24.831 Mutually exclusive applications.
(a) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency block.
(b) Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to competitive bidding in accordance with the procedures in subpart H of this part and in part 1, subpart Q of this chapter.
(c) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest.
(d)-(j) [Reserved]
§ 24.832 [Reserved]
§ 24.833 Post-auction divestitures.
Any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold (See §§ 20.6(e), 24.710, 24.204, 24.229(c) of this chapter) will be permitted to divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows:
(a) The broadband PCS applicant shall submit a signed statement with its long-form application stating that sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the PCS spectrum aggregation limits within 90 days of grant.
(b) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to submit the certification within 90 days, the Commission will immediately cancel all broadband PCS licenses won by the applicant, impose the default penalty and, based on the facts presented, take any other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been secured in the required time frame, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license.
§§ 24.834-24.838 [Reserved]
§ 24.839 Transfer of control or assignment of license.
(a) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted unless:
(1) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or
(2) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 of this part at the time the application for assignment or transfer of control is filed, or the proposed assignee or transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such license(s), met the eligibility criteria set forth in § 24.709 of this part; or
(3) The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to § 24.714 of this part and the proposed assignee meets the eligibility criteria set forth in § 24.709 of this part; or
(4) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or
(5) The assignment or transfer of control is pro forma; or
(6) The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.
(b) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to the original construction requirement of § 24.203 of this part.
§§ 24.840-24.844 [Reserved]
PART 25—SATELLITE COMMUNICATIONS
Subpart A—General
§ 25.101 Basis and scope.
(a) The rules and regulations in this part are issued pursuant to the authority contained in section 201(c)(11) of the Communications Satellite Act of 1962, as amended, section 501(c)(6) of the International Maritime Satellite Telecommunications Act, and titles I through III of the Communications Act of 1934, as amended.
(b) The rules and regulations in this part supplement, and are in addition to the rules and regulations contained in or to be added to, other parts of this chapter currently in force, or which may subsequently be promulgated, and which are applicable to matters relating to communications by satellites.
(a) No person shall use or operate apparatus for the transmission of energy or communications or signals by space or earth stations except under, and in accordance with, an appropriate authorization granted by the Federal Communications Commission.
(b) Protection from impermissible levels of interference to the reception of signals by earth stations in the Fixed-Satellite Service from terrestrial stations in a co-equally shared band is provided through the authorizations granted under this part.
§ 25.103 Definitions.
Terms with definitions including the “(RR)” designation are defined in the same way in § 2.1 of this chapter and in the Radio Regulations of the International Telecommunication Union.
1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service provided in any portion of the 1525-1559 MHz space-to-Earth band and the 1626.5-1660.5 MHz Earth-to-space band, which are referred to in this rule part as the “1.5/1.6 GHz MSS bands.”
1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in any portion thereof.
2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any portion thereof.
17/24 GHz Broadcasting-Satellite Service (17/24 GHz BSS). A radiocommunication service involving transmission from one or more feeder-link earth stations to other earth stations via geostationary satellites, in the 17.3-17.7 GHz (space-to-Earth) (domestic allocation), 17.3-17.8 GHz (space-to-Earth) (international allocation) and 24.75-25.25 GHz (Earth-to-space) bands. For purposes of the application processing provisions of this part, the 17/24 GHz BSS is a GSO-like service. Unless specifically stated otherwise, 17/24 GHz BSS systems are subject to the rules in this part applicable to FSS.
Ancillary Terrestrial Component (ATC). A terrestrial communications network used in conjunction with a qualifying satellite network system authorized pursuant to these rules and the conditions established in the Orders issued in IB Docket No. 01-185, Flexibility for Delivery of Communications by Mobile-Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band.
Ancillary Terrestrial Component (ATC) base station. A terrestrial fixed facility used to transmit communications to or receive communications from one or more ancillary terrestrial component mobile terminals.
Ancillary Terrestrial Component (ATC) mobile terminal. A terrestrial mobile facility used to transmit communications to or receive communications from an ancillary terrestrial component base station or a space station.
Blanket license. A license for:
(1) Multiple earth stations in the FSS or MSS, or for SDARS terrestrial repeaters, that may be operated anywhere within a geographic area specified in the license; or
(2) For multiple space stations in non-geostationary-orbit.
Contiguous United States (CONUS). For purposes of subparts B and C of this part, the contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline. In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). See § 27.6(m) of this chapter.
Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz (Earth-to-space) FSS frequency bands.
Conventional Ka-band. The 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) frequency bands, which the Commission has designated as primary for GSO FSS operation.
Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) FSS frequency bands.
Coordination distance. When determining the need for coordination, the distance on a given azimuth from an earth station sharing the same frequency band with terrestrial stations, or from a transmitting earth station sharing the same bidirectionally allocated frequency band with receiving earth stations, beyond which the level of permissible interference will not be exceeded and coordination is therefore not required. (RR)
Direct Broadcast Satellite (DBS) Service. A radiocommunication service in which signals transmitted or retransmitted by Broadcasting-Satellite Service space stations in the 12.2-12.7 GHz band are intended for direct reception by subscribers or the general public. For the purposes of this definition, the term direct reception includes individual reception and community reception.
Earth station. A station located either on the Earth’s surface or within the major portion of the Earth’s atmosphere intended for communication:
(1) With one or more space stations; or
(2) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. (RR)
Earth Station Aboard Aircraft (ESAA). An earth station operating aboard an aircraft that receives from and transmits to Fixed-Satellite Service space stations.
Earth Station in Motion (ESIM). A term that collectively designates ESV, VMES and ESAA earth stations, as defined in this section.
Earth Station on Vessel (ESV). An earth station onboard a craft designed for traveling on water, receiving from and transmitting to Fixed-Satellite Service space stations.
Equivalent diameter. When circular aperture reflector antennas are employed, the size of the antenna is generally expressed as the diameter of the antenna’s main reflector. When non-reflector or non-circular-aperture antennas are employed, the equivalent diameter is the diameter of a hypothetical circular-aperture antenna with the same aperture area as the actual antenna. For example, an elliptical aperture antenna with major axis a and minor axis b will have an equivalent diameter of [a × b]
Equivalent Power Flux Density (EPFD). The sum of the power flux densities produced at a geostationary-orbit receive earth or space station on the Earth’s surface or in the geostationary orbit, as appropriate, by all the transmit stations within a non-geostationary-orbit Fixed-Satellite Service system, taking into account the off-axis discrimination of a reference receiving antenna assumed to be pointing in its nominal direction. The equivalent power flux density, in dB(W/m
Extended C-band. The 3600-3700 MHz (space-to-Earth), 5850-5925 MHz (Earth-to-space), and 6425-6725 MHz (Earth-to-space) FSS frequency bands.
Extended Ka-band. The 17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz (Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) FSS frequency bands.
Extended Ku-band. The 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), and 13.75-14.0 GHz bands (Earth-to-space) FSS frequency bands.
Feeder link. A radio link from a fixed earth station at a given location to a space station, or vice versa, conveying information for a space radiocommunication service other than the Fixed-Satellite Service. The given location may be at a specified fixed point or at any fixed point within specified areas. (RR)
Fixed earth station. An earth station intended to be used at a fixed position. The position may be a specified fixed point or any fixed point within a specified area.
Fixed-Satellite Service (FSS). A radiocommunication service between earth stations at given positions, when one or more satellites are used; the given position may be a specified fixed point or any fixed point within specified areas; in some cases this service includes satellite-to-satellite links, which may also be operated in the inter-satellite service; the Fixed-Satellite Service may also include feeder links of other space radiocommunication services. (RR)
Geographically independent area (GIA). Any of the following six areas:
(1) CONUS;
(2) Alaska;
(3) Hawaii;
(4) American Samoa;
(5) Puerto Rico/U.S. Virgin Islands; and
(6) Guam/Northern Mariana Islands.
Geostationary-orbit (GSO) satellite. A geosynchronous satellite whose circular and direct orbit lies in the plane of the Earth’s equator and which thus remains fixed relative to the Earth; by extension, a geosynchronous satellite which remains approximately fixed relative to the Earth.
Inter-Satellite Service. A radiocommunication service providing links between artificial earth satellites.
Ku band. In this rule part, the terms “Ku band” and “conventional Ku band” refer to the 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) bands. These paired bands are allocated to the Fixed-Satellite Service and are also referred to as the 12/14 GHz bands.
Land earth station. An earth station in the Fixed-Satellite Service or, in some cases, in the Mobile-Satellite Service, located at a specified fixed point or within a specified area on land to provide a feeder link for the Mobile-Satellite Service. (RR)
Land Mobile Earth Station. A mobile earth station in the land mobile-satellite service capable of surface movement within the geographical limits of a country or continent. (RR)
Mobile Earth Station. An earth station in the Mobile-Satellite Service intended to be used while in motion or during halts at unspecified points. (RR)
Mobile-Satellite Service (MSS). (1) A radiocommunication service:
(i) Between mobile earth stations and one or more space stations, or between space stations used by this service; or
(ii) Between mobile earth stations, by means of one or more space stations.
(2) This service may also include feeder links necessary for its operation. (RR)
Network Control and Monitoring Center (NCMC). An NCMC, as used in Part 25, is a facility that has the capability to remotely control earth stations operating as part of a satellite network or system.
NGSO. Non-geostationary orbit.
NGSO FSS gateway earth station. An earth station or complex of multiple earth station antennas that supports the routing and switching functions of an NGSO FSS system and that does not originate or terminate communication traffic. An NGSO FSS gateway earth station may also be used for telemetry, tracking, and command transmissions and is not for the exclusive use of any customer.
Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A Mobile-Satellite Service reserved for use by non-geostationary satellites in the provision of non-voice communications which may include satellite links between land earth stations at fixed locations.
Permitted Space Station List. A list of all U.S.-licensed geostationary-orbit space stations providing Fixed-Satellite Service in the conventional C band, the conventional Ku band, or the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands, as well as non-U.S.-licensed geostationary-orbit space stations approved for U.S. market access to provide Fixed-Satellite Service in the conventional C band, conventional Ku band, or 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands.
Plane perpendicular to the GSO arc. The plane that is perpendicular to the “plane tangent to the GSO arc,” as defined below, and includes a line between the earth station in question and the GSO space station that it is communicating with.
Plane tangent to the GSO arc. The plane defined by the location of an earth station’s transmitting antenna and a line in the equatorial plane that is tangent to the GSO arc at the location of the GSO space station that the earth station is communicating with.
Power flux density (PFD). The amount of power flow through a unit area within a unit bandwidth. The units of power flux density are those of power spectral density per unit area, namely watts per hertz per square meter. These units are generally expressed in decibel form as dB(W/Hz/m
Power Spectral Density (PSD). The amount of an emission’s transmitted carrier power applied at the antenna input falling within the stated bandwidth. The units of power spectral density are watts per hertz and are generally expressed in decibel form as dB(W/Hz) when measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz bandwidth, or dB(W/MHz) when measured in a 1 MHz bandwidth.
Protection areas. The geographic regions where U.S. Department of Defense meteorological satellite systems or National Oceanic and Atmospheric Administration meteorological satellite systems, or both such systems, receive signals from low earth orbiting satellites. Also, areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz Mobile-Satellite Service determined in the manner specified in § 25.203(j).
Radiodetermination-Satellite Service. A radiocommunication service for the purpose of radiodetermination involving the use of one of more space stations. This service may also include feeder links necessary for its own operation. (RR)
Routine processing or licensing. Expedited processing of unopposed applications for earth stations in the FSS communicating with GSO space stations that satisfy the criteria in § 25.211(d), § 25.212(c) through (f), or § 25.218, include all required information, are consistent with all Commission rules, and do not raise any policy issues. Some, but not all, routine earth station applications are eligible for an autogrant procedure under § 25.115(a)(3).
Satellite Digital Audio Radio Service (SDARS). A radiocommunication service in which audio programming is digitally transmitted by one or more space stations directly to fixed, mobile, and/or portable stations, and which may involve complementary repeating terrestrial transmitters and telemetry, tracking and command facilities.
Satellite system. A space system using one or more artificial earth satellites. (RR)
SCS earth stations. Any earth station used for the provision of supplemental coverage from space consistent with § 25.115(q).
Selected assignment. A spectrum assignment voluntarily identified by a 2 GHz MSS licensee at the time that the licensee’s first 2 GHz Mobile-Satellite Service satellite reaches its intended orbit.
Shapeable antenna beam. A satellite transmit or receive antenna beam, the gain pattern of which can be modified at any time without physically repositioning a satellite antenna reflector.
Skew angle. The angle between the minor axis of an axially asymmetric antenna beam and the plane tangent to the GSO arc.
Small satellite. An NGSO space station eligible for authorization under the application process described in § 25.122.
Small spacecraft. An NGSO space station operating beyond Earth’s orbit that is eligible for authorization under the application process described in § 25.123.
Space radiocommunication. Any radiocommunication involving the use of one or more space stations or the use of one or more reflecting satellites or other objects in space.
Space station. A station located on an object which is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth’s atmosphere. (RR)
Space system. Any group of cooperating earth stations and/or space stations employing space radiocommunication for specific purposes. (RR)
Spacecraft. A man-made vehicle which is intended to go beyond the major portion of the Earth’s atmosphere. (RR)
Supplemental coverage from space (SCS). The provision of coverage to terrestrial wireless subscribers through an arrangement or agreement (see § 1.9047 of this chapter) between one or more NGSO or GSO operator(s) and one or more terrestrial wireless licensee(s), involving transmissions between space stations and SCS earth stations. NGSO and GSO operators and terrestrial wireless service licensees seeking to provide SCS must be authorized in compliance with § 25.125.
Terrestrial radiocommunication. Any radiocommunication other than space radiocommunication or radio astronomy. (RR)
Terrestrial station. A station effecting terrestrial radiocommunication.
Two-degree-compliant space station. A GSO FSS space station operating in the conventional or extended C-bands, the conventional or extended Ku-bands, the 24.75-25.25 GHz band, or the conventional or extended Ka-bands within the limits on downlink equivalent isotropically radiated power (EIRP) density or PFD specified in § 25.140(a)(3) or (b)(3) and communicating only with earth stations operating in conformance with routine uplink parameters specified in § 25.211(d), § 25.212(c), (d), or (f), or § 25.218.
Vehicle-Mounted Earth Station (VMES). An earth station, operating from a motorized vehicle that travels primarily on land, that receives from and transmits to Fixed-Satellite Service space stations and operates within the United States.
§ 25.104 Preemption of local zoning of earth stations.
(a) Any state or local zoning, land-use, building, or similar regulation that materially limits transmission or reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas, is preempted unless the promulgating authority can demonstrate that such regulation is reasonable, except that nonfederal regulation of radio frequency emissions is not preempted by this section. For purposes of this paragraph (a), reasonable means that the local regulation:
(1) Has a clearly defined health, safety, or aesthetic objective that is stated in the text of the regulation itself; and
(2) Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interests in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
(b)(1) Any state or local zoning, land-use, building, or similar regulation that affects the installation, maintenance, or use of a satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land-use regulation shall be presumed unreasonable and is therefore preempted subject to paragraph (b)(2) of this section. No civil, criminal, administrative, or other legal action of any kind shall be taken to enforce any regulation covered by this presumption unless the promulgating authority has obtained a waiver from the Commission pursuant to paragraph (e) of this section, or a final declaration from the Commission or a court of competent jurisdiction that the presumption has been rebutted pursuant to paragraph (b)(2) of this section.
(2) Any presumption arising from paragraph (b)(1) of this section may be rebutted upon a showing that the regulation in question:
(i) Is necessary to accomplish a clearly defined health or safety objective that is stated in the text of the regulation itself;
(ii) Is no more burdensome to satellite users than is necessary to achieve the health or safety objective; and
(iii) Is specifically applicable on its face to antennas of the class described in paragraph (b)(1) of this section.
(c) Any person aggrieved by the application or potential application of a state or local zoning or other regulation in violation of paragraph (a) of this section may, after exhausting all nonfederal administrative remedies, file a petition with the Commission requesting a declaration that the state or local regulation in question is preempted by this section. Nonfederal administrative remedies, which do not include judicial appeals of administrative determinations, shall be deemed exhausted when:
(1) The petitioner’s application for a permit or other authorization required by the state or local authority has been denied and any administrative appeal and variance procedure has been exhausted;
(2) The petitioner’s application for a permit or other authorization required by the state or local authority has been on file for ninety days without final action;
(3) The petitioner has received a permit or other authorization required by the state or local authority that is conditioned upon the petitioner’s expenditure of a sum of money, including costs required to screen, pole-mount, or otherwise specially install the antenna, greater than the aggregate purchase or total lease cost of the equipment as normally installed; or
(4) A state or local authority has notified the petitioner of impending civil or criminal action in a court of law and there are no more nonfederal administrative steps to be taken.
(d) Procedures regarding filing of petitions requesting declaratory rulings and other related pleadings will be set forth in subsequent Public Notices. All allegations of fact contained in petitions and related pleadings must be supported by affidavit of a person or persons with personal knowledge thereof.
(e) Any state or local authority that wishes to maintain and enforce zoning or other regulations inconsistent with this section may apply to the Commission for a full or partial waiver of this section. Such waivers may be granted by the Commission in its sole discretion, upon a showing by the applicant that local concerns of a highly specialized or unusual nature create a necessity for regulation inconsistent with this section. No application for waiver shall be considered unless it specifically sets forth the particular regulation for which waiver is sought. Waivers granted in accordance with this section shall not apply to later-enacted or amended regulations by the local authority unless the Commission expressly orders otherwise.
(f) A satellite earth station antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter or is located in Alaska is covered by the regulations in § 1.4000 of this chapter.
§ 25.105 Citizenship.
The rules that establish the requirements and conditions for obtaining the Commission’s prior approval of foreign ownership in common carrier licensees that would exceed the 20 percent limit in section 310(b)(3) of the Communications Act (47 U.S.C. 310(b)(3)) and/or the 25 percent benchmark in section 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) are set forth in §§ 1.5000 through 1.5004 of this chapter.
§§ 25.106-25.107 [Reserved]
§ 25.108 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact FCC through the Federal Communications Commission’s Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected] or go to. The material may be obtained from the sources in the following paragraphs of this section.
(b) European Telecommunications Standards Institute (ETSI), 650 Route des Lucioles, 06921 Sophia-Antipolis Cedex, France; http://www.etsi.org; Voice: +33 (0)4 92 94 42 00; Fax: +33 (0)4 93 65 47 16; email: [email protected]