Title 47— Telecommunication

Home , Land mobile service, Land mobile station, Rural radio service

(This book contains parts 20 to 39)

Part

CHAPTER I—Federal Communications Commission (Contin- ued) ...... 20

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SUBCHAPTER B—COMMON CARRIER SERVICES

Part Page 20 Commercial mobile services ...... 5 22 Public mobile services ...... 47 24 Personal communications services ...... 129 25 Satellite communications...... 165 27 Miscellaneous wireless communications services ... 318 32 Uniform system of accounts for telecommunications companies ...... 421 36 Jurisdictional separations procedures; standard procedures for separating telecommunications property costs, revenues, expenses, taxes and reserves for telecommunications companies ...... 487 37–39 [Reserved]

SUPPLEMENTARY PUBLICATIONS: Annual Reports of the Federal Communications Commission to Congress. Federal Communications Commission Reports of Orders and Decisions. Communications Act of 1934 (with amendments and index thereto), Recap. Version, January 1974, Packets No. 1 through 6. Study Guide and Reference Material for Commercial Radio Operator Examinations, May 1979 edition.

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PART 20—COMMERCIAL MOBILE rules for the Wireless Telecommuni- SERVICES cations Services and the procedures for filing electronically via the ULS. Sec. (b) Part 2. This part contains the 20.1 Purpose. Table of Frequency Allocations and 20.2 Other applicable rule parts. special requirements in international 20.3 Definitions. regulations, recommendations, agree- 20.5 Citizenship. 20.6 CMRS spectrum aggregation limit. ments, and treaties. This part also con- 20.7 Mobile services. tains standards and procedures con- 20.9 Commercial mobile radio service. cerning the marketing and importation 20.11 Interconnection to facilities of local of radio frequency devices, and for ob- exchange carriers. taining equipment authorization. 20.12 Resale and roaming. 20.13 State petitions for authority to regu- [78 FR 21559, Apr. 11, 2013] late rates. 20.15 Requirements under Title II of the § 20.3 Definitions. Communications Act. 20.18 911 Service. Appropriate local emergency authority. 20.19 Hearing aid-compatible mobile An emergency answering point that handsets. has not been officially designated as a 20.20 Conditions applicable to provision of Public Safety Answering Point (PSAP), CMRS service by incumbent Local Ex- change Carriers. but has the capability of receiving 911 20.21 Signal boosters. calls and either dispatching emergency 20.22 Rules governing mobile spectrum services personnel or, if necessary, re- holdings. laying the call to another emergency AUTHORITY: 47 U.S.C. 151, 152(a) 154(i), 157, service provider. An appropriate local 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), emergency authority may include, but 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, is not limited, to an existing local law 610, 615, 615a, 615b, 615c, unless otherwise enforcement authority, such as the po- noted. lice, county sheriff, local emergency SOURCE: 59 FR 18495, Apr. 19, 1994, unless medical services provider, or fire de- otherwise noted. partment. Automatic Number Identification (ANI). § 20.1 Purpose. A system that identifies the billing ac- The purpose of these rules is to set count for a call. For 911 systems, the forth the requirements and conditions ANI identifies the calling party and applicable to commercial mobile radio may be used as a call back number. service providers. Automatic Roaming. With automatic § 20.2 Other applicable rule parts. roaming, under a pre-existing contractual agreement between a subscriber’s Other FCC rule parts applicable to li- home carrier and a host carrier, a censees in the commercial mobile radio roaming subscriber is able to originate services include the following: or terminate a call in the host carrier’s (a) Part 1. This part includes rules of service area without taking any special practice and procedure for license ap- actions. plications, adjudicatory proceedings, procedures for reconsideration and re- Commercial mobile data service. (1) Any view of the Commission’s actions; pro- mobile data service that is not inter- visions concerning violation notices connected with the public switched and forfeiture proceedings; competitive network and is: bidding procedures; and the environ- (i) Provided for profit; and mental requirements that, together (ii) Available to the public or to such with the procedures specified in § 17.4(c) classes of eligible users as to be effec- of this chapter, if applicable, must be tively available to the public. complied with prior to the initiation of (2) Commercial mobile data service construction. Subpart F includes the includes services provided by Mobile

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

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Mobile Service. A radio communica- (c) 220–222 MHz land mobile service tion service carried on between mobile and Automatic Vehicle Monitoring sys- stations or receivers and land stations, tems (part 90 of this chapter) that do and by mobile stations communicating not offer interconnected service or that among themselves, and includes: are not-for-profit; and (a) Both one-way and two-way radio (d) Personal Radio Services under communications services; part 95 of this chapter (General Mobile (b) A mobile service which provides a Services, Radio Control Radio Serv- regularly interacting group of base, ices, and Citizens Band Radio Serv- mobile, portable, and associated con- ices); Maritime Service Stations (ex- trol and relay stations (whether li- cluding Public Coast stations) (part 80 censed on an individual, cooperative, or of this chapter); and Aviation Service multiple basis) for private one-way or Stations (part 87 of this chapter). two-way land mobile radio communica- Provider-Specific Consumer Signal tions by eligible users over designated Boosters. Provider-Specific Consumer areas of operation; and Signal Boosters may only operate on (c) Any service for which a license is the frequencies and in the market required in a personal communications areas of the specified licensee(s). Pro- service under part 24 of this chapter. vider-Specific Consumer Signal Boost- Network-based Location Technology. A ers may only be certificated and oper- method of providing the location of ated with the consent of the licensee(s) wireless 911 callers that employs hard- whose frequencies are being amplified ware and/or software in the CMRS net- by the device. work and/or another fixed infrastruc- Pseudo Automatic Number Identifica- ture, and does not require the use of tion (Pseudo-ANI). A number, con- special location-determining hardware sisting of the same number of digits as and/or software in the caller’s portable ANI, that is not a North American or mobile phone. Numbering Plan telephone directory Non-individual. A non-individual is a number and may be used in place of an partnership and each partner is eight- ANI to convey special meaning. The een years of age or older; a corpora- special meaning assigned to the pseu- tion; an association; a state, terri- do-ANI is determined by agreements, torial, or local government unit; or a as necessary, between the system origi- legal entity. nating the call, intermediate systems Private Mobile Radio Service. A mobile handling and routing the call, and the service that is neither a commercial destination system. mobile radio service nor the functional Public Safety Answering Point. A point equivalent of a service that meets the that has been designated to receive 911 definition of commercial mobile radio calls and route them to emergency service. Private mobile radio service service personnel. includes the following: Public Switched Network. The network (a) Not-for-profit land mobile radio that includes any common carrier and paging services that serve the li- switched network, whether by wire or censee’s internal communications radio, including local exchange car- needs as defined in part 90 of this chap- riers, interexchange carriers, and mo- ter. Shared-use, cost-sharing, or coop- bile service providers, that uses the erative arrangements, multiple li- North American Numbering Plan, or censed systems that use third party public IP addresses, in connection with managers or users combining resources the provision of switched services. to meet compatible needs for special- Signal booster. A device that auto- ized internal communications facilities matically receives, amplifies, and rein compliance with the safeguards of transmits on a bi- or unidirectional § 90.179 of this chapter are presump- basis, the signals received from base, tively private mobile radio services; fixed, mobile, or portable stations, (b) Mobile radio service offered to re- with no change in frequency or author- stricted classes of eligible users. This ized bandwidth. includes entities eligible in the Public Signal booster operator. The signal Safety Radio Pool and Radiolocation booster operator is the person or per- service. sons with control over the functioning

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of the signal booster, or the person or gible individuals who held ownership persons with the ability to deactivate interests on May 24, 1993, pursuant to it in the event of technical malfunc- the waiver provisions established in tioning or harmful interference to a section 332(c)(6) of the Communications primary radio service. Act. Transfers of ownership to any Statewide default answering point. An other person in violation of paragraph emergency answering point designated (a) of this section are prohibited. by the State to receive 911 calls for ei- [59 FR 18495, Apr. 19, 1994, as amended at 61 ther the entire State or those portions FR 55580, Oct. 28, 1996] of the State not otherwise served by a local PSAP. § 20.6 CMRS spectrum aggregation Wideband Consumer Signal Boosters. limit. Wideband Consumer Signal Boosters (a) Spectrum limitation. No licensee in may operate on the frequencies and in the broadband PCS, cellular, or SMR the market areas of multiple licensees. services (including all parties under [59 FR 18495, Apr. 19, 1994, as amended at 61 common control) regulated as CMRS FR 38402, July 24, 1996; 61 FR 40352, Aug. 2, (see 47 CFR 20.9) shall have an attrib- 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, utable interest in a total of more than Jan. 16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR 55 MHz of licensed broadband PCS, cel- 1648, Jan. 14, 2002; 72 FR 50073, Aug. 30, 2007; lular, and SMR spectrum regulated as 75 FR 22276, Apr. 28, 2010; 76 FR 26220, May 6, CMRS with significant overlap in any 2011; 78 FR 21559, Apr. 11, 2013; 80 FR 19850, geographic area. Apr. 13, 2015] (b) SMR spectrum. To calculate the amount of attributable SMR spectrum § 20.5 Citizenship. for purposes of paragraph (a) of this (a) This rule implements section 310 section, an entity must count all 800 of the Communications Act, 47 U.S.C. MHz and 900 MHz channels located at 310, regarding the citizenship of licens- any SMR base station inside the geo- ees in the commercial mobile radio graphic area (MTA or BTA) where services. Commercial mobile radio there is significant overlap. All 800 service authorizations may not be MHz channels located on at least one of granted to or held by: those identified base stations count as (1) Any foreign government or any 50 kHz (25 kHz paired), and all 900 MHz representative thereof; channels located on at least one of (2) Any alien or the representative of those identified base stations count as any alien; 25 kHz (12.5 kHz paired); provided that (3) Any corporation organized under any discrete 800 or 900 MHz channel the laws of any foreign government; shall be counted only once per licensee (4) Any corporation of which more within the geographic area, even if the than one-fifth of the capital stock is licensee in question utilizes the same owned of record or voted by aliens or channel at more than one location their representatives or by a foreign within the relevant geographic area. government or representative thereof No more than 10 MHz of SMR spectrum or by any corporation organized under in the 800 and 900 MHz SMR services the laws of a foreign country; or will be attributed to an entity when de- (5) Any corporation directly or indi- termining compliance with the cap. rectly controlled by any other corpora- (c) Significant overlap. (1) For pur- tion of which more than one-fourth of poses of paragraph (a) of this section, the capital stock is owned of record or significant overlap of a PCS licensed voted by aliens, their representatives, service area and CGSA(s) (as defined in or by a foreign government or rep- § 22.911 of this chapter) or SMR service resentative thereof, or by any corpora- area(s) occurs when at least 10 percent tion organized under the laws of a for- of the population of the PCS licensed eign country, if the Commission finds service area for the counties contained that the public interest will be served therein, as determined by the latest by the refusal or revocation of such li- available decennial census figures as cense. complied by the Bureau of the Census, (b) The limits listed in paragraph (a) is within the CGSA(s) and/or SMR serv- of this section may be exceeded by eli- ice area(s).

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(2) The Commission shall presume utable interest only if they hold 40 per- that an SMR service area covers less cent or more of the outstanding voting than 10 percent of the population of a stock of a corporate broadband PCS, PCS service area if none of the base cellular or SMR licensee, or if any of stations of the SMR licensee are lo- the officers or directors of the cated within the PCS service area. For broadband PCS, cellular or SMR li- an SMR licensee’s base stations that censee are representatives of the in- are located within a PCS service area, vestment company, insurance company the channels licensed at those sites or bank concerned. Holdings by a bank will be presumed to cover 10 percent of or insurance company will be aggre- the population of the PCS service area, gated if the bank or insurance com- unless the licensee shows that its pro- pany has any right to determine how tected service contour for all of its the stock will be voted. Holdings by in- base stations covers less than 10 per- vestment companies will be aggregated cent of the population of the PCS serv- if under common management. ice area. (4) Non-voting stock shall be attrib- (d) Ownership attribution. For pur- uted as an interest in the issuing enti- poses of paragraph (a) of this section, ty if in excess of the amounts set forth ownership and other interests in in paragraph (d)(2) of this section. broadband PCS licensees, cellular li- (5) Debt and instruments such as war- censees, or SMR licensees will be at- rants, convertible debentures, options, tributed to their holders pursuant to or other interests (except non-voting the following criteria: stock) with rights of conversion to vot- (1) Controlling interest shall be ating interests shall not be attributed tributable. Controlling interest means unless and until converted, except that majority voting equity ownership, any this provision does not apply in deter- general partnership interest, or any mining whether an entity is a small means of actual working control (in- business, a rural telephone company, cluding negative control) over the op- or a business owned by minorities and/ eration of the licensee, in whatever or women, as these terms are defined in manner exercised. § 1.2110 of this chapter or other related (2) Partnership and other ownership provisions of the Commission’s rules. interests and any stock interest (6) Limited partnership interests amounting to 20 percent or more of the shall be attributed to limited partners equity, or outstanding stock, or out- and shall be calculated according to standing voting stock of a broadband both the percentage of equity paid in PCS, cellular or SMR licensee shall be and the percentage of distribution of attributed, except that ownership will profits and losses. not be attributed unless the partner- (7) Officers and directors of a ship and other ownership interests and broadband PCS licensee or applicant, any stock interest amount to at least cellular licensee, or SMR licensee shall 40 percent of the equity, or outstanding be considered to have an attributable stock, or outstanding voting stock of a interest in the entity with which they broadband PCS, cellular or SMR li- are so associated. The officers and di- censee if the ownership interest is held rectors of an entity that controls a by a small business or a rural tele- broadband PCS licensee or applicant, a phone company, as these terms are de- cellular licensee, or an SMR licensee fined in § 1.2110 of this chapter or other shall be considered to have an attrib- related provisions of the Commission’s utable interest in the broadband PCS rules, or if the ownership interest is licensee or applicant, cellular licensee, held by an entity with a non-control- or SMR licensee. ling equity interest in a broadband (8) Ownership interests that are held PCS licensee or applicant that is a indirectly by any party through one or small business. more intervening corporations will be (3) Investment companies, as defined determined by successive multiplica- in 15 U.S.C. 80a–3, insurance companies tion of the ownership percentages for and banks holding stock through their each link in the vertical ownership trust departments in trust accounts chain and application of the relevant will be considered to have an attrib- attribution benchmark to the resulting

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product, except that if the ownership cent or less of the applicant’s service percentage for an interest in any link area population; in the chain exceeds 50 percent or rep- (ii) Attributable interests in resents actual control, it shall be broadband PCS, cellular, and/or SMR treated as if it were a 100 percent inter- licenses solely due to management est. (For example, if A owns 20% of B, agreements or joint marketing agree- and B owns 40% of licensee C, then A’s ments; or interest in licensee C would be 8%. If A (iii) Non-controlling attributable in- owns 20% of B, and B owns 51% of li- terests in broadband PCS, cellular, and/ censee C, then A’s interest in licensee or SMR licenses, regardless of the de- C would be 20% because B’s ownership gree to which the geographic license of C exceeds 50%.) areas cover the applicant’s service area (9) Any person who manages the op- population, shall be eligible to have its erations of a broadband PCS, cellular, application granted subject to a condi- or SMR licensee pursuant to a manage- tion that the licensee shall come into ment agreement shall be considered to compliance with the spectrum limita- have an attributable interest in such tion set out in paragraph (a) within licensee if such person, or its affiliate, ninety (90) days after final grant. For has authority to make decisions or purposes of this paragraph, a ‘‘non-con- otherwise engage in practices or activi- trolling attributable interest’’ is one in ties that determine, or significantly in- which the holder has less than a fifty fluence, (50) percent voting interest and there is (i) The nature or types of services of- an unaffiliated single holder of a fifty fered by such licensee; (50) percent or greater voting interest. (ii) The terms upon which such serv- (3) The applicant for a license that, if ices are offered; or granted, would exceed the spectrum ag- (iii) The prices charged for such serv- gregation limitation in paragraph (a) ices. of this section shall certify on its ap- (10) Any licensee or its affiliate who plication that it and all parties to the enters into a joint marketing arrange- application will come into compliance ments with a broadband PCS, cellular, with this limitation. If such an appli- or SMR licensee, or its affiliate shall cant is a successful bidder in an auc- be considered to have an attributable tion, it must submit with its long-form interest, if such licensee, or its affil- application a signed statement describ- iate, has authority to make decisions ing its efforts to date and future plans or otherwise engage in practices or ac- to come into compliance with the spec- tivities that determine, or signifi- trum aggregation limitation. A similar cantly influence, statement must also be included with (i) The nature or types of services of- any application for assignment of li- fered by such licensee; censes or transfer of control that, if (ii) The terms upon which such serv- granted, would exceed the spectrum ag- ices are offered; or gregation limit. (iii) The prices charged for such serv- (4)(i) Parties holding controlling in- ices. terests in broadband PCS, cellular, and/ (e) Divestiture. (1) Divestiture of in- or SMR licensees that conflict with the terests as a result of a transfer of con- attribution threshold or geographic trol or assignment of authorization overlap limitations set forth in this must occur prior to consummating the section will be considered to have come transfer or assignment, except that a into compliance if they have submitted licensee that meets the requirements to the Commission an application for set forth in paragraph (e)(2) of this sec- assignment of license or transfer of tion shall have 90 days from final grant control of the conflicting licensee (see to come into compliance with the spec- § 1.948 of this chapter; see also § 24.839 of trum aggregation limit. this chapter (PCS)) by which, if grant- (2) An applicant with: ed, such parties no longer would have (i) Controlling or attributable owner- an attributable interest in the con- ship interests in broadband PCS, cel- flicting license. Divestiture may be to lular, and/or SMR licenses where the an interim trustee if a buyer has not geographic license areas cover 20 per- been secured in the required period of

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time, as long as the applicant has no (2) That the interest holder is not likely to interest in or control of the trustee, affect the local market in an anticompeti- and the trustee may dispose of the li- tive manner; cense as it sees fit. Where parties to (3) That the interest holder is not involved broadband PCS, cellular, or SMR appli- in the operations of the licensee and does not have the ability to influence the licensee on cations hold less than controlling (but a regular basis; and still attributable) interests in (4) That grant of a waiver is in the public broadband PCS, cellular, or SMR li- interest because the benefits to the public of censee(s), they shall submit a certifi- common ownership outweigh any potential cation that the applicant and all par- anticompetitive harm to the market. ties to the application have come into [64 FR 54574, Oct. 7, 1999, as amended at 67 FR compliance with the limitations on 1642, Jan. 14, 2002] spectrum aggregation set forth in this section. § 20.7 Mobile services. (ii) Applicants that meet the requirements of paragraph (e)(2) of this sec- The following are mobile services tion must tender to the Commission within the meaning of sections 3(n) and within ninety (90) days of final grant of 332 of the Communications Act, 47 the initial license, such an assignment U.S.C. 153(n), 332. or transfer application or, in the case (a) Public mobile services (part 22 of of less than controlling (but still at- this chapter), including fixed oper- tributable) interests, a written certifi- ations that support the mobile sys- cation that the applicant and all par- tems, but excluding Rural Radio Serv- ties to the application have come into ice and Basic Exchange Telecommuni- compliance with the limitations on cations Radio Service (part 22, subpart spectrum aggregation set forth in this H of this chapter); section. If no such transfer or assign- (b) Private land mobile services (part ment application or certification is 90 of this chapter), including secondary tendered to the Commission within fixed operations, but excluding fixed ninety (90) days of final grant of the services such as call box operations and initial license, the Commission may meter reading; consider the certification and the di- (c) Mobile satellite services (part 25 vestiture statement to be material, bad of this chapter) including dual-use faith misrepresentations and shall in- equipment, terminals capable of trans- voke the condition on the initial li- mitting while a platform is moving, cense or the assignment or transfer, but excluding satellite facilities pro- cancelling or rescinding it automati- vided through a transportable platform cally, shall retain all monies paid to that cannot move when the commu- the Commission, and, based on the nications service is offered; facts presented, shall take any other (d) Marine and aviation services action it may deem appropriate. (parts 80 and 87 of this chapter), includ- (f) Sunset. This rule section shall ing fixed operations that support these cease to be effective January 1, 2003. marine and aviation mobile systems; NOTE 1 TO § 20.6: For purposes of the owner- (e) Personal radio services (part 95 of ship attribution limit, all ownership inter- this chapter), but excluding 218–219 ests in operations that serve at least 10 per- MHz Service; cent of the population of the PCS service (f) Personal communications services area should be included in determining the (part 24 of this chapter); extent of a PCS applicant’s cellular or SMR ownership. (g) Auxiliary services provided by NOTE 2 TO § 20.6: When a party owns an at- mobile service licensees, and ancillary tributable interest in more than one cellular fixed communications offered by per- or SMR system that overlaps a PCS service sonal communications service pro- area, the total population in the overlap area viders; will apply on a cumulative basis. (h) Unlicensed services meeting the NOTE 3 TO § 20.6: Waivers of § 20.6(d) may be definition of commercial mobile radio granted upon an affirmative showing: (1) That the interest holder has less than a service in § 20.3, such as the resale of 50 percent voting interest in the licensee and commercial mobile radio services, but there is an unaffiliated single holder of a 50 excluding unlicensed radio frequency percent or greater voting interest; devices under part 15 of this chapter

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(including unlicensed personal commu- provided in paragraph (b) of this sec- nications service devices). tion; [59 FR 18495, Apr. 19, 1994, as amended at 63 (12) Mobile operations in the 218–219 FR 54077, Oct. 8, 1998] MHz Service (part 95, subpart F of this chapter) that provide for-profit inter- § 20.9 Commercial mobile radio serv- connected service to the public; ice. (13) For-profit subsidiary commu- (a) The following mobile services nications services transmitted on sub- shall be treated as common carriage carriers within the FM baseband sig- services and regulated as commercial nal, that provide interconnected serv- mobile radio services (including any ice (47 CFR 73.295 of this chapter); and such service offered as a hybrid service (14) A mobile service that is the func- or offered on an excess capacity basis tional equivalent of a commercial mo- to the extent it meets the definition of bile radio service. commercial mobile radio service, or of- (i) A mobile service that does not fered as an auxiliary or ancillary serv- meet the definition of commercial mo- ice), pursuant to Section 332 of the bile radio service is presumed to be a Communications Act, 47 U.S.C. 332: (1) Private Paging (part 90 of this private mobile radio service. chapter), excluding not-for-profit pag- (ii) Any interested party may seek to ing systems that serve only the licens- overcome the presumption that a par- ee’s own internal communications ticular mobile radio service is a private needs; mobile radio service by filing a peti- (2) Stations that offer Industrial/ tion for declaratory ruling challenging Business Pool (§ 90.35 of this chapter) a mobile service provider’s regulatory eligibles for-profit, interconnected treatment as a private mobile radio service; service. (3) Land Mobile Systems on 220–222 (A) The petition must show that: (1) MHz (part 90 of this chapter), except The mobile service in question meets services that are not-for-profit or do the definition of commercial mobile not offer interconnected service; radio service; or (4) Specialized Mobile Radio services (2) The mobile service in question is that provide interconnected service the functional equivalent of a service (part 90 of this chapter); that meets the definition of a commer- (5) Public Coast Stations (part 80, cial mobile radio service. subpart J of this chapter); (B) A variety of factors will be evalu- (6) Paging and Radiotelephone Serv- ated to make a determination whether ice (part 22, subpart E of this chapter). the mobile service in question is the (7) Cellular Radiotelephone Service functional equivalent of a commercial (part 22, subpart H of this chapter). mobile radio service, including: con- (8) Air-Ground Radiotelephone Serv- sumer demand for the service to deter- ice (part 22, subpart G of this chapter). mine whether the service is closely (9) Offshore Radiotelephone Service (part 22, subpart I of this chapter). substitutable for a commercial mobile (10) Any mobile satellite service in- radio service; whether changes in price volving the provision of commercial for the service under examination, or mobile radio service (by licensees or re- for the comparable commercial mobile sellers) directly to end users, except radio service would prompt customers that mobile satellite licensees and to change from one service to the other entities that sell or lease space other; and market research informa- segment capacity, to the extent that it tion identifying the targeted market does not provide commercial mobile for the service under review. radio service directly to end users, may (C) The petition must contain spe- provide space segment capacity to cific allegations of fact supported by commercial mobile radio service pro- affidavit(s) of person(s) with personal viders on a non-common carrier basis, knowledge. The petition must be if so authorized by the Commission; served on the mobile service provider (11) Personal Communications Serv- against whom it is filed and contain a ices (part 24 of this chapter), except as certificate of service to this effect. The

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mobile service provider may file an op- ditional pleadings will be allowed. The position to the petition and the peti- general rules of practice and procedure tioner may file a reply. The general contained in §§ 1.1 through 1.52 of this rules of practice and procedure con- chapter and § 22.30 of this chapter shall tained in §§ 1.1 through 1.52 of this apply. chapter shall apply. (c) Any provider of private land mo- (b) Licensees of a Personal Commu- bile service before August 10, 1993 (in- nications Service or applicants for a cluding any system expansions, modi- Personal Communications Service li- fications, or acquisitions of additional cense, and VHF Public Coast Station licenses in the same service, even if au- geographic area licensees or appli- thorized after this date), and any pri- cants, and Automated Maritime Tele- vate paging service utilizing fre- communications System (AMTS) li- quencies allocated as of January 1, censees or applicants, proposing to use 1993, that meet the definition of com- any Personal Communications Service, mercial mobile radio service, shall, ex- VHF Public Coast Station, or AMTS cept for purposes of § 20.5 (applicable spectrum to offer service on a private August 10, 1993 for the providers listed mobile radio service basis must over- in this paragraph), be treated as pri- come the presumption that Personal vate mobile radio service until August Communications Service, VHF Public 10, 1996. After this date, these entities Coast, and AMTS Stations are com- will be treated as commercial mobile mercial mobile radio services. radio service providers regulated under (1) The applicant or licensee (who this part. must file an application to modify its [59 FR 18495, Apr. 19, 1994, as amended at 62 authorization) seeking authority to FR 18843, Apr. 17, 1997; 63 FR 40062, July 27, dedicate a portion of the spectrum for 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, private mobile radio service, must in- Nov. 3, 1999; 66 FR 10968, Feb. 21, 2001; 72 FR clude a certification that it will offer 31194, June 6, 2007] Personal Communications Service, VHF Public Coast Station, or AMTS § 20.11 Interconnection to facilities of service on a private mobile radio serv- local exchange carriers. ice basis. The certification must in- (a) A local exchange carrier must clude a description of the proposed provide the type of interconnection service sufficient to demonstrate that reasonably requested by a mobile serv- it is not within the definition of com- ice licensee or carrier, within a reason- mercial mobile radio service in § 20.3. able time after the request, unless such Any application requesting to use any interconnection is not technically fea- Personal Communications Service, sible or economically reasonable. Com- VHF Public Coast Station, or AMTS plaints against carriers under section spectrum to offer service on a private 208 of the Communications Act, 47 mobile radio service basis will be U.S.C. 208, alleging a violation of this placed on public notice by the Commis- section shall follow the requirements sion. of §§ 1.711–1.734 of this chapter, 47 CFR (2) Any interested party may file a 1.711–1.734. petition to deny the application within (b) Local exchange carriers and com- 30 days after the date of public notice mercial mobile radio service providers announcing the acceptance for filing of shall exchange Non-Access Tele- the application. The petition shall con- communications Traffic, as defined in tain specific allegations of fact sup- § 51.701 of this chapter, under a bill-and- ported by affidavit(s) of person(s) with keep arrangement, as defined in § 51.713 personal knowledge to show that the of this chapter, unless they mutually applicant’s request does not rebut the agree otherwise. commercial mobile radio service pre- (c) Local exchange carriers and com- sumption. The petition must be served mercial mobile radio service providers on the applicant and contain a certifi- shall also comply with applicable pro- cate of service to this effect. The appli- visions of part 51 of this chapter. cant may file an opposition with alle- (d) Local exchange carriers may not gations of fact supported by affidavit. impose compensation obligations for The petitioner may file a reply. No ad- traffic not subject to access charges

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upon commercial mobile radio service (3) Scope of offering roaming arrange- providers pursuant to tariffs. ments for commercial mobile data services. (e) An incumbent local exchange car- Paragraph (e) of this section is applica- rier may request interconnection from ble to all facilities-based providers of a commercial mobile radio service pro- commercial mobile data services. vider and invoke the negotiation and (b) Resale. The resale rule is applica- arbitration procedures contained in ble as follows: section 252 of the Act. A commercial (1) Each carrier subject to paragraph mobile radio service provider receiving (b) of this section shall not restrict the a request for interconnection must ne- resale of its services, unless the carrier gotiate in good faith and must, if re- demonstrates that the restriction is quested, submit to arbitration by the reasonable. state commission. (2) The resale requirement shall not [59 FR 18495, Apr. 19, 1994, as amended at 61 apply to customer premises equipment, FR 45619, Aug. 29, 1996; 70 FR 16145, Mar. 30, whether or not it is bundled with serv- 2005; 76 FR 73852, Nov. 29, 2011; 77 FR 1640, ices subject to the resale requirement Jan. 11, 2012] in this paragraph. § 20.12 Resale and roaming. (3) This paragraph shall cease to be effective five years after the last group (a)(1) Scope of manual roaming and re- of initial licenses for broadband PCS sale. Paragraph (c) of this section is ap- spectrum in the 1850–1910 and the 1930– plicable to providers of Broadband Per- 1990 MHz bands is awarded; i.e., at the sonal Communications Services (part close of November 24, 2002. 24, subpart E of this chapter), Cellular Radio Telephone Service (part 22, sub- (c) Manual roaming. Each carrier subpart H of this chapter), and specialized ject to paragraph (a)(1) of this section Mobile Radio Services in the 800 MHz must provide mobile radio service upon and 900 MHz bands (included in part 90, request to all subscribers in good subpart S of this chapter) if such pro- standing to the services of any carrier viders offer real-time, two-way subject to paragraph (a)(1) of this sec- switched voice or data service that is tion, including roamers, while such interconnected with the public subscribers are located within any por- switched network and utilizes an in- tion of the licensee’s licensed service network switching facility that enables area where facilities have been con- the provider to re-use frequencies and structed and service to subscribers has accomplish seamless hand-offs of sub- commenced, if such subscribers are scriber calls. The scope of paragraph using mobile equipment that is tech- (b) of this section, concerning the re- nically compatible with the licensee’s sale rule, is further limited so as to ex- base stations. clude from the requirements of that (d) Automatic roaming. Upon a reason- paragraph those Broadband Personal able request, it shall be the duty of Communications Services C, D, E, and each host carrier subject to paragraph F block licensees that do not own and (a)(2) of this section to provide auto- control and are not owned and con- matic roaming to any technologically trolled by firms also holding cellular A compatible, facilities-based CMRS car- or B block licenses. rier on reasonable and not unreason- (2) Scope of automatic roaming. Para- ably discriminatory terms and condi- graph (d) of this section is applicable to tions, pursuant to Sections 201 and 202 CMRS carriers if such carriers offer of the Communications Act, 47 U.S.C. real-time, two-way switched voice or 201 and 202. The Commission shall pre- data service that is interconnected sume that a request by a techno- with the public switched network and logically compatible CMRS carrier for utilizes an in-network switching facil- automatic roaming is reasonable pur- ity that enables the carrier to re-use suant to Sections 201 and 202 of the frequencies and accomplish seamless Communications Act, 47 U.S.C. 201 and hand-offs of subscriber calls. Paragraph 202. This presumption may be rebutted (d) of this section is also applicable to on a case by case basis. The Commis- the provision of push-to-talk and text- sion will resolve automatic roaming messaging service by CMRS carriers. disputes on a case-by-case basis, taking

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into consideration the totality of the may vary depending on the cir- circumstances presented in each case. cumstances of each case. (e) Offering roaming arrangements for [64 FR 61027, Nov. 9, 1999, as amended at 65 commercial mobile data services. (1) A fa- FR 58482, Sept. 29, 2000; 72 FR 50074, Aug. 30, cilities-based provider of commercial 2007; 75 FR 22276, Apr. 28, 2010; 76 FR 26220, mobile data services is required to May 6, 2011] offer roaming arrangements to other such providers on commercially rea- § 20.13 State petitions for authority to sonable terms and conditions, subject regulate rates. to the following limitations: (a) States may petition for authority (i) Providers may negotiate the to regulate the intrastate rates of any terms of their roaming arrangements commercial mobile radio service. The on an individualized basis; petition must include the following: (ii) It is reasonable for a provider not (1) Demonstrative evidence that mar- to offer a data roaming arrangement to ket conditions in the state for commer- a requesting provider that is not tech- cial mobile radio services do not ade- nologically compatible; quately protect subscribers to such services from unjust and unreasonable (iii) It is reasonable for a provider rates or rates that are unjustly or un- not to offer a data roaming arrange- reasonably discriminatory. Alter- ment where it is not technically fea- natively, a state’s petition may include sible to provide roaming for the par- demonstrative evidence showing that ticular data service for which roaming market conditions for commercial mo- is requested and any changes to the bile radio services do not protect sub- host provider’s network necessary to scribers adequately from unjust and accommodate roaming for such data unreasonable rates, or rates that are service are not economically reason- unjustly or unreasonably discrimina- able; tory, and that a substantial portion of (iv) It is reasonable for a provider to the commercial mobile radio service condition the effectiveness of a roam- subscribers in the state or a specified ing arrangement on the requesting pro- geographic area have no alternative vider’s provision of mobile data service means of obtaining basic telephone to its own subscribers using a genera- service. This showing may include evi- tion of wireless technology comparable dence of the range of basic telephone to the technology on which the re- service alternatives available to con- questing provider seeks to roam. sumers in the state. (2) A party alleging a violation of (2) The following is a non-exhaustive this section may file a formal or infor- list of examples of the types of evi- mal complaint pursuant to the proce- dence, information, and analysis that dures in §§ 1.716 through 1.718, 1.720, may be considered pertinent to deter- 1.721, and 1.723 through 1.735 of this mine market conditions and consumer chapter, which sections are incor- protection by the Commission in re- porated herein. For purposes of viewing any petition filed by a state § 20.12(e), references to a ‘‘carrier’’ or under this section: ‘‘common carrier’’ in the formal and (i) The number of commercial mobile informal complaint procedures incor- radio service providers in the state, the porated herein will mean a provider of types of services offered by commercial commercial mobile data services. The mobile radio service providers in the Commission will resolve such disputes state, and the period of time that these on a case-by-case basis, taking into providers have offered service in the consideration the totality of the cir- state; cumstances presented in each case. The (ii) The number of customers of each remedy of damages shall not be avail- commercial mobile radio service pro- able in connection with any complaint vider in the state; trends in each pro- alleging a violation of this section. vider’s customer base during the most Whether the appropriate procedural ve- recent annual period or other data cov- hicle for a dispute is a complaint under ering another reasonable period if an- this paragraph or a petition for declar- nual data is unavailable; and annual atory ruling under § 1.2 of this chapter revenues and rates of return for each

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commercial mobile radio service pro- (5) States have the burden of proof. vider; Interested parties may file comments (iii) Rate information for each com- in support or in opposition to the peti- mercial mobile radio service provider, tion within 30 days after public notice including trends in each provider’s of the filing of a petition by a state rates during the most recent annual under this section. Any interested period or other data covering another party may file a reply within 15 days reasonable period if annual data is un- after the expiration of the filing period available; for comments. No additional pleadings (iv) An assessment of the extent to may be filed. Except for § 1.45 of this which services offered by the commer- chapter, practice and procedure rules cial mobile radio service providers the contained in §§ 1.42–1.52 of this chapter state proposes to regulate are substi- shall apply. The provisions of §§ 1.771– tutable for services offered by other 1.773 of this chapter do not apply. carriers in the state; (6) The Commission shall act upon (v) Opportunities for new providers to any petition filed by a state under this enter into the provision of competing paragraph not later than the end of the services, and an analysis of any bar- nine-month period after the filing of riers to such entry; the petition. (7) If the Commission grants the peti- (vi) Specific allegations of fact (sup- tion, it shall authorize the state to reg- ported by affidavit of person with per- ulate rates for commercial mobile sonal knowledge) regarding anti-com- radio services in the state during a rea- petitive or discriminatory practices or sonable period of time, as specified by behavior by commercial mobile radio the Commission. The period of time service providers in the state; specified by the Commission will be (vii) Evidence, information, and anal- that necessary to ensure that rates are ysis demonstrating with particularity just and reasonable, or not unjustly or instances of systematic unjust and un- unreasonably discriminatory. reasonable rates, or rates that are un- (b) States that regulated rates for just or unreasonably discriminatory, commercial mobile services as of June imposed upon commercial mobile radio 1, 1993, may petition the Commission service subscribers. Such evidence under this section before August 10, should include an examination of the 1994, to extend this authority. relationship between rates and costs. (1) The petition will be acted upon by Additionally, evidence of a pattern of the Commission in accordance with the such rates, that demonstrates the in- provisions of paragraphs (a)(1) through ability of the commercial mobile radio (a)(5) of this section. service marketplace in the state to (2) The Commission shall act upon produce reasonable rates through com- the petition (including any reconsider- petitive forces will be considered espe- ation) not later than the end of the 12- cially probative; and month period following the date of the (viii) Information regarding cus- filing of the petition by the state in- tomer satisfaction or dissatisfaction volved. Commercial mobile radio serv- with services offered by commercial ice providers offering such service in mobile radio service providers, includ- the state shall comply with the existing statistics and other information ing regulations of the state until the about complaints filed with the state petition and any reconsideration of the regulatory commission. petition are acted upon by the Commis- (3) Petitions must include a certifi- sion. cation that the state agency filing the (3) The provisions of paragraph (a)(7) petition is the duly authorized state of this section apply to any petition agency responsible for the regulation granted by the Commission under this of telecommunication services pro- paragraph. vided in the state. (c) No sooner than 18 months from (4) Petitions must identify and de- grant of authority by the Commission scribe in detail the rules the state pro- under this section for state rate regula- poses to establish if the petition is tions, any interested party may peti- granted. tion the Commission for an order to

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discontinue state authority for rate the provider to reuse frequencies and regulation. accomplish seamless handoff of sub- (1) Petitions to discontinue state au- scriber calls. thority for rate regulation must be (2) Seek authority for interlocking based on recent empirical data or other directors (section 212 of the Commu- significant evidence demonstrating nications Act); that the exercise of rate authority by a (3) Submit applications for new fa- state is no longer necessary to ensure cilities or discontinuance of existing that the rates for commercial mobile facilities (section 214 of the Commu- are just and reasonable or not unjustly nications Act). or unreasonably discriminatory. (c) Commercial mobile radio service (2) Any interested party may file providers shall not file tariffs for inter- comments in support of or in opposition to the petition within 30 days national and interstate service to their after public notice of the filing of the customers, interstate access service, or petition. Any interested party may file international and interstate operator a reply within 15 days after the time service. Sections 1.771 through 1.773 for filing comments has expired. No ad- and part 61 of this chapter are not ap- ditional pleadings may be filed. Except plicable to international and interstate for 1.45 of this chapter, practice and services provided by commercial mo- procedure rules contained in § 1.42–1.52 bile radio service providers. Commer- of this chapter apply. The provisions of cial mobile radio service providers §§ 1.771–1.773 of this chapter do not shall cancel tariffs for international apply. and interstate service to their cus- (3) The Commission shall act upon tomers, interstate access service, and any petition filed by any interested international and interstate operator party under this paragraph within nine service. months after the filing of the petition. (d) Except as specified as in paragraphs (d)(1) and (2), nothing in this § 20.15 Requirements under Title II of section shall be construed to modify the Communications Act. the Commission’s rules and policies on (a) Commercial mobile radio services the provision of international service providers, to the extent applicable, under part 63 of this chapter. must comply with sections 201, 202, 206, (1) Notwithstanding the provisions of 207, 208, 209, 216, 217, 223, 225, 226, 227, § 63.21(c) of this chapter, a commercial and 228 of the Communications Act, 47 mobile radio service provider is not re- U.S.C. 201, 202, 206, 207, 208, 209, 216, 217, quired to comply with § 42.10 of this 223, 225, 226, 227, 228; part 68 of this chapter. chapter, 47 CFR part 68; and §§ 1.701– (2) A commercial mobile radio serv- 1.748, and 1.815 of this chapter, 47 CFR ice (CMRS) provider that is classified 1.701–1.748, 1.815. (b) Commercial mobile radio service as dominant under § 63.10 of this chap- providers are not required to: ter due to an affiliation with a foreign (1) File with the Commission copies carrier is required to comply with of contracts entered into with other § 42.11 of this chapter if the affiliated carriers or comply with other reporting foreign carrier collects settlement pay- requirements, or with §§ 1.781 through ments from U.S. carriers for termi- 1.814 and 43.21 of this chapter; except nating U.S. international switched that commercial radio service pro- traffic at the foreign end of the route. viders that offer broadband service, as Such a CMRS provider is not required described in § 1.7001(a) of this chapter to comply with § 42.11, however, if it or mobile telephony are required to file provides service on the affiliated route reports pursuant to §§ 1.7000 and 43.11 of solely through the resale of an unaffili- this chapter. For purposes of this sec- ated facilities-based provider’s inter- tion, mobile telephony is defined as real- national switched services. time, two-way switched voice service (3) For purposes of paragraphs (d)(1) that is interconnected with the public and (2) of this section, affiliated and for- switched network utilizing an in-net- eign carrier are defined in § 63.09 of this work switching facility that enables Chapter.

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(e) For obligations of commercial the location of the cell site or base sta- mobile radio service providers to pro- tion receiving a 911 call from any mo- vide local number portability, see § 52.1 bile handset accessing their systems to of this chapter. the designated Public Safety Answer- [59 FR 18495, Apr. 19, 1994, as amended at 61 ing Point through the use of ANI and FR 38637, July 25, 1996; 63 FR 43040, Aug. 11, Pseudo-ANI. 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, (2) When the directory number of the Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001; 69 FR handset used to originate a 911 call is 77938, Dec. 29, 2004] not available to the serving carrier, such carrier’s obligations under the § 20.18 911 Service. paragraph (d)(1) of this section extend (a) Scope of section. The following re- only to delivering 911 calls and avail- quirements are only applicable to able call party information, including CMRS providers, excluding mobile sat- that prescribed in paragraph (l) of this ellite service (MSS) operators, to the section, to the designated Public Safe- extent that they: ty Answering Point. (1) Offer real-time, two way switched voice service that is interconnected NOTE TO PARAGRAPH (d): With respect to 911 with the public switched network; and calls accessing their systems through the use (2) Utilize an in-network switching of TTYs, licensees subject to this section must comply with the requirements in para- facility that enables the provider to graphs (d)(1) and (d)(2) of this section, as to reuse frequencies and accomplish calls made using a digital wireless system, as seamless hand-offs of subscriber calls. of October 1, 1998. These requirements are applicable to entities that offer voice service to con- (e) Phase II enhanced 911 service. Li- sumers by purchasing airtime or capac- censees subject to this section must ity at wholesale rates from CMRS li- provide to the designated Public Safety censees. Answering Point Phase II enhanced 911 (b) Basic 911 Service. CMRS providers service, i.e., the location of all 911 calls subject to this section must transmit by longitude and latitude in conform- all wireless 911 calls without respect to ance with Phase II accuracy require- their call validation process to a Pub- ments (see paragraph (h) of this sec- lic Safety Answering Point, or, where tion). no Public Safety Answering Point has (f) Phase-in for network-based location been designated, to a designated state- technologies. Licensees subject to this wide default answering point or appro- section who employ a network-based priate local emergency authority pur- location technology shall provide suant to § 64.3001 of this chapter, pro- Phase II 911 enhanced service to at vided that ‘‘all wireless 911 calls’’ is de- least 50 percent of their coverage area fined as ‘‘any call initiated by a wire- or 50 percent of their population begin- less user dialing 911 on a phone using a ning October 1, 2001, or within 6 months compliant radio frequency protocol of of a PSAP request, whichever is later; the serving carrier.’’ and to 100 percent of their coverage (c) TTY Access to 911 Services. CMRS area or 100 percent of their population providers subject to this section must within 18 months of such a request or be capable of transmitting 911 calls by October 1, 2002, whichever is later. from individuals with speech or hear- (g) Phase-in for handset-based location ing disabilities through means other technologies. Licensees subject to this than mobile radio handsets, e.g., section who employ a handset-based lo- through the use of Text Telephone De- cation technology may phase in devices (TTY). ployment of Phase II enhanced 911 (d) Phase I enhanced 911 services. (1) service, subject to the following re- As of April 1, 1998, or within six months quirements: of a request by the designated Public (1) Without respect to any PSAP re- Safety Answering Point as set forth in quest for deployment of Phase II 911 paragraph (j) of this section, whichever enhanced service, the licensee shall: is later, licensees subject to this sec- (i) Begin selling and activating location must provide the telephone num- tion-capable handsets no later than Oc- ber of the originator of a 911 call and tober 1, 2001;

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(ii) Ensure that at least 25 percent of (1) Network-based technologies: all new handsets activated are loca- (i) 100 meters for 67 percent of calls, tion-capable no later than December consistent with the following bench- 31, 2001; marks: (iii) Ensure that at least 50 percent of (A) One year from January 18, 2011, all new handsets activated are loca- carriers shall comply with this stand- tion-capable no later than June 30, ard in 60 percent of counties or PSAP 2002; and service areas. These counties or PSAP (iv) Ensure that 100 percent of all service areas must cover at least 70 new digital handsets activated are lo- percent of the population covered by cation-capable no later than December the carrier across its entire network. 31, 2002, and thereafter. Compliance will be measured on a per- (v) By December 31, 2005, achieve 95 county or per-PSAP basis using, at the percent penetration of location-capable carrier’s election, either handsets among its subscribers. (1) Network-based accuracy data, or (vi) Licensees that meet the en- (2) Blended reporting as provided in hanced 911 compliance obligations paragraph (h)(1)(iv) of this section. through GPS-enabled handsets and (B) Three years from January 18, have commercial agreements with re- 2011, carriers shall comply with this sellers will not be required to include standard in 70 percent of counties or the resellers’ handset counts in their PSAP service areas. These counties or compliance percentages. PSAP service areas must cover at least (2) Once a PSAP request is received, 80 percent of the population covered by the licensee shall, in the area served by the carrier across its entire network. the PSAP, within six months or by Oc- Compliance will be measured on a per- tober 1, 2001, whichever is later: county or per-PSAP basis using, at the (i) Install any hardware and/or soft- carrier’s election, either ware in the CMRS network and/or (1) Network-based accuracy data, or other fixed infrastructure, as needed, (2) Blended reporting as provided in to enable the provision of Phase II en- paragraph (h)(1)(iv) of this section. hanced 911 service; and (C) Five years from January 18, 2011, (ii) Begin delivering Phase II en- carriers shall comply with this stand- hanced 911 service to the PSAP. ard in 100% of counties or PSAP serv- (3) For all 911 calls from portable or ice areas covered by the carrier. Com- mobile phones that do not contain the pliance will be measured on a per-coun- hardware and/or software needed to en- ty or per-PSAP basis, using, at the car- able the licensee to provide Phase II rier’s election, either enhanced 911 service, the licensee shall, (1) Network-based accuracy data, after a PSAP request is received, sup- (2) Blended reporting as provided in port, in the area served by the PSAP, paragraph (h)(1)(iv) of this section, or Phase I location for 911 calls or other (3) Handset-based accuracy data as available best practice method of pro- provided in paragraph (h)(1)(v) of this viding the location of the portable or section. mobile phone to the PSAP. (ii) 300 meters for 90 percent of calls, (4) Licensees employing handset- consistent with the following bench- based location technologies shall en- marks: sure that location-capable portable or (A) Three years from January 18, mobile phones shall conform to indus- 2011, carriers shall comply with this try interoperability standards designed standard in 60 percent of counties or to enable the location of such phones PSAP service areas. These counties or by multiple licensees. PSAP service areas must cover at least (h) Phase II accuracy. Licensees sub- 70 percent of the population covered by ject to this section shall comply with the carrier across its entire network. the following standards for Phase II lo- Compliance will be measured on a per- cation accuracy and reliability, to be county or per-PSAP basis using, at the tested and measured either at the carrier’s election, either county or at the PSAP service area ge- (1) Network-based accuracy data, or ographic level, based on outdoor meas- (2) Blended reporting as provided in urements only: paragraph (h)(1)(iv) of this section.

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

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Number Association, the Association of MAC address information to identify a Public-Safety Communications Offi- dispatchable location for nearby wire- cials-International, and the National less devices within the CMRS pro- Association of State 9–1–1 Administra- vider’s coverage footprint. tors. Further, carriers must submit in (iv) Nationwide CMRS provider: A the same manner any changes to their CMRS provider whose service extends exclusion lists within thirty days of to a majority of the population and discovering such changes. land area of the United States. (iv) Providers of new CMRS networks (v) Non-nationwide CMRS provider: that meet the definition of covered Any CMRS provider other than a na- CMRS providers under paragraph (a) of tionwide CMRS provider. this section must comply with the re- (vi) Test Cities. The six cities (San quirements of paragraphs (h)(2)(i) Francisco, Chicago, Atlanta, Denver/ through (iii) of this section. For this Front Range, Philadelphia, and Man- purpose, a ‘‘new CMRS network’’ is a hattan Borough) and surrounding geo- CMRS network that is newly deployed graphic areas that correspond to the subsequent to the effective date of the six geographic regions specified by the Third Report and Order in PS Docket February 7, 2014 ATIS Document, No. 07–114 and that is not an expansion ‘‘Considerations in Selecting Indoor or upgrade of an existing CMRS net- Test Regions,’’ for testing of indoor lo- work. cation technologies. (3) Latency (Time to First Fix). For (2) Indoor location accuracy standards: purposes of measuring compliance with CMRS providers subject to this section the location accuracy standards of this shall meet the following requirements: paragraph, a call will be deemed to sat- (i) Horizontal location. (A) Nationwide isfy the standard only if it provides the CMRS providers shall provide; specified degree of location accuracy dispatchable location, or ; x/y location within a maximum latency period of 30 within 50 meters, for the following per- seconds, as measured from the time the centages of wireless 911 calls within the user initiates the 911 call to the time following timeframes, measured from the location fix appears at the location the effective date of the adoption of information center: Provided, however, this rule: that the CMRS provider may elect not (1) Within 2 years: 40 percent of all to include for purposes of measuring wireless 911 calls. compliance therewith any calls lasting (2) Within 3 years: 50 percent of all less than 30 seconds. wireless 911 calls. (i) Indoor location accuracy for 911 and (3) Within 5 years: 70 percent of all testing requirements—(1) Definitions: The wireless 911 calls. terms as used in this section have the (4) Within 6 years: 80 percent of all following meaning: wireless 911 calls. (i) Dispatchable location: A location (B) Non-nationwide CMRS providers delivered to the PSAP by the CMRS shall provide; dispatchable location or; provider with a 911 call that consists of x/y location within 50 meters, for the the street address of the calling party, following percentages of wireless 911 plus additional information such as calls within the following timeframes, suite, apartment or similar informa- measured from the effective date of the tion necessary to adequately identify adoption of this rule: the location of the calling party. The (1) Within 2 years: 40 percent of all street address of the calling party must wireless 911 calls. be validated and, to the extent pos- (2) Within 3 years: 50 percent of all sible, corroborated against other loca- wireless 911 calls. tion information prior to delivery of (3) Within 5 years or within six dispatchable location information by months of deploying a commercially- the CMRS provider to the PSAP. operating VoLTE platform in their net- (ii) Media Access Control (MAC) Ad- work, whichever is later: 70 percent of dress. A location identifier of a Wi-Fi all wireless 911 calls. access point. (4) Within 6 years or within one year (iii) National Emergency Address Data- of deploying a commercially-operating base (NEAD). A database that utilizes VoLTE platform in their network,

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whichever is later: 80 percent of all CMRS providers must certify that they wireless 911 calls. are in compliance with the location ac- (ii) Vertical location. CMRS providers curacy requirements applicable to shall provide vertical location informa- them as of that date. CMRS providers tion with wireless 911 calls as described shall be presumed to be in compliance in this section within the following by certifying that they have complied timeframes measured from the effec- with the test bed and live call data pro- tive date of the adoption of this rule: visions described in paragraph (i)(3) of (A) Within 3 years: All CMRS pro- this section. viders shall make uncompensated baro- (A) All CMRS providers must certify metric data available to PSAPs with that the indoor location technology (or respect to any 911 call placed from any technologies) used in their networks handset that has the capability to de- are deployed consistently with the liver barometric sensor information. manner in which they have been tested (B) Within 3 years: Nationwide CMRS in the test bed. A CMRS provider must providers shall develop one or more z- axis accuracy metrics validated by an update certification whenever it intro- independently administered and trans- duces a new technology into its net- parent test bed process as described in work or otherwise modifies its net- paragraph (i)(3)(i) of this section, and work, such that previous performance shall submit the proposed metric or in the test bed would no longer be con- metrics, supported by a report of the sistent with the technology’s modified results of such development and test- deployment. ing, to the Commission for approval. (B) CMRS providers that provide (C) Within 6 years: In each of the top quarterly reports of live call data in 25 CMAs, nationwide CMRS providers one or more of the six test cities speci- shall deploy either;) dispatchable loca- fied in paragraph (i)(1)(vi) of this section, or ; z-axis technology in compli- tion must certify that their deploy- ance with any z-axis accuracy metric ment of location technologies through- that has been approved by the Commis- out their coverage area is consistent sion, with their deployment of the same (1) In each CMA where dispatchable technologies in the areas that are used location is used: nationwide CMRS pro- for live call data reporting. viders must ensure that the NEAD is (C) Non-nationwide CMRS providers populated with a sufficient number of that do not provide service or report total dispatchable location reference quarterly live call data in any of the points to equal 25 percent of the CMA six test cities specified in paragraph population. (i)(1)(vi) of this section must certify (2) In each CMA where z-axis tech- that they have verified based on their nology is used: nationwide CMRS pro- own live call data that they are in viders must deploy z-axis technology to compliance with the requirements of cover 80 percent of the CMA popu- paragraphs (i)(2)(i)(B) and (ii) of this lation. section. (D) Within 8 years: In each of the top 50 CMAs, nationwide CMRS providers (iv) Enforcement. PSAPs may seek shall deploy either Commission enforcement within their (1) Dispatchable location or; geographic service area of the require- (2) Such z-axis technology in compli- ments of paragraphs (i)(2)(i) and (ii) of ance with any z-axis accuracy metric this section, but only so long as they that has been approved by the Commis- have implemented policies that are de- sion. signed to obtain all location informa- (E) Non-nationwide CMRS providers tion made available by CMRS providers that serve any of the top 25 or 50 CMAs when initiating and delivering 911 calls will have an additional year to meet to the PSAP. Prior to seeking Commis- each of the benchmarks in paragraphs sion enforcement, a PSAP must pro- (i)(2)(ii)(C) and (D) of this section. vide the CMRS provider with [30] days (iii) Compliance. Within 60 days after written notice, and the CMRS provider each benchmark date specified in para- shall have an opportunity to address graphs (i)(2)(i) and (ii) of this section, the issue informally. If the issue has

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not been addressed to the PSAP’s satis- (ii) Collection and reporting of aggre- faction within 90 days, the PSAP may gate live 911 call location data. CMRS seek enforcement relief. providers providing service in any of (3) Indoor location accuracy testing and the Test Cities or portions thereof live call data reporting—(i) Indoor loca- must collect and report aggregate data tion accuracy test bed. CMRS providers on the location technologies used for must establish the test bed described in live 911 calls in those areas. this section within 12 months of the ef- (A) CMRS providers subject to this fective date of this rule. CMRS pro- section shall identify and collect infor- viders must validate technologies in- mation regarding the location tech- tended for indoor location, including nology or technologies used for each dispatchable location technologies and 911 call in the reporting area during technologies that deliver horizontal the calling period. and/or vertical coordinates, through an (B) CMRS providers subject to this independently administered and trans- section shall report Test City call loca- parent test bed process, in order for tion data on a quarterly basis to the such technologies to be presumed to Commission, the National Emergency comply with the location accuracy re- Number Association, the Association of quirements of this paragraph. The test Public Safety Communications Offi- bed shall meet the following minimal cials, and the National Association of requirements in order for the test re- State 911 Administrators, with the first sults to be considered valid for compli- report due 18 months from the effective ance purposes: date of rules adopted in this pro- (A) Include testing in representative ceeding. indoor environments, including dense (C) CMRS providers subject to this urban, urban, suburban and rural section shall also provide quarterly morphologies; live call data on a more granular basis (B) Test for performance attributes that allows evaluation of the perform- including location accuracy (ground ance of individual location tech- truth as measured in the test bed), latency (Time to First Fix), and reli- nologies within different morphologies ability (yield); and (e.g., dense urban, urban, suburban, (C) Each test call (or equivalent) rural). To the extent available, live shall be independent from prior calls call data for all CMRS providers shall and accuracy will be based on the first delineate based on a per technology location delivered after the call is ini- basis accumulated and so identified tiated. for: (D) In complying with paragraph (1) Each of the ATIS ESIF (i)(3)(i)(B) of this section, CMRS pro- morphologies; viders shall measure yield separately (2) On a reasonable community level for each individual indoor location basis; or morphology (dense urban, urban, sub- (3) By census block. This more granu- urban, and rural) in the test bed, and lar data will be used for evaluation and based upon the specific type of location not for compliance purposes. technology that the provider intends to (D) Non-nationwide CMRS providers deploy in real-world areas represented that operate in a single Test City need by that particular morphology. CMRS only report live 911 call data from that providers must base the yield percent- city or portion thereof that they cover. age based on the number of test calls Non-nationwide CMRS providers that that deliver a location in compliance operate in more than one Test City with any applicable indoor location ac- must report live 911 call data only in curacy requirements, compared to the half of the regions (as selected by the total number of calls that successfully provider). In the event a non-nation- connect to the testing network. CMRS wide CMRS provider begins coverage in providers may exclude test calls that a Test City it previously did not serve, are dropped or otherwise disconnected it must update its certification pursu- in 10 seconds or less from calculation of ant to paragraph (i)(2)(iii)(C) of this the yield percentage (both the denomi- section to reflect this change in its nator and numerator). network and begin reporting data from

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the appropriate areas. All non-nation- port must include detail as to the im- wide CMRS providers must report their plementation of the NEAD database de- Test City live call data every 6 months, scribed in paragraphs (i)(4)(iii) and (iv) beginning 18 months from the effective of this section. date of rules adopted in this pro- (iii) NEAD privacy and security plan. ceeding. Prior to activation of the NEAD but no (E) Non-nationwide CMRS providers later than 18 months from the effective that do not provide coverage in any of date of the adoption of this rule, the the Test Cities can satisfy the require- nationwide CMRS providers shall file ment of paragraph (i)(3)(ii) of this sec- with the Commission and request ap- tion by collecting and reporting data proval for a security and privacy plan based on the largest county within its for the administration and operation of footprint. In addition, where a non-na- the NEAD. The plan must include the tionwide CMRS provider serves more identity of an administrator for the than one of the ATIS ESIF NEAD, who will serve as a point of con- morphologies, it must include a suffi- tact for the Commission and shall be cient number of representative coun- accountable for the effectiveness of the ties to cover each morphology. security, privacy, and resiliency meas- (iii) Data retention. CMRS providers ures. shall retain testing and live call data (iv) NEAD use certification. Prior to gathered pursuant to this section for a use of the NEAD or any information period of 2 years. contained therein to meet such re- (4) Submission of plans and reports. quirements, CMRS providers must cer- The following reporting and certifi- tify that they will not use the NEAD or cation obligations apply to all CMRS associated data for any non-911 pur- providers subject to this section, which pose, except as otherwise required by may be filed electronically in PS Dock- law. et No. 07–114: (j) Confidence and uncertainty data. (1) (i) Initial implementation plan. No Except as provided in paragraphs (j)(2)– later than 18 months from the effective (3) of this section, CMRS providers sub- date of the adoption of this rule, na- ject to this section shall provide for all tionwide CMRS providers shall report wireless 911 calls, whether from out- to the Commission on their plans for door or indoor locations, x- and y-axis meeting the indoor location accuracy (latitude, longitude) confidence and un- requirements of paragraph (i)(2) of this certainty information (C/U data) on a section. Non-nationwide CMRS proper-call basis upon the request of a viders will have an additional 6 months PSAP. The data shall specify to submit their implementation plans. (i) The caller’s location with a uni- (ii) Progress reports. No later than 18 form confidence level of 90 percent, months from the effective date of the and; adoption of this rule, each CMRS pro- (ii) The radius in meters from the re- vider shall file a progress report on imported position at that same con- plementation of indoor location accu- fidence level. All entities responsible racy requirements. Non-nationwide for transporting confidence and uncer- CMRS providers will have an addi- tainty between CMRS providers and tional 6 months to submit their PSAPs, including LECs, CLECs, owners progress reports. All CMRS providers of E911 networks, and emergency serv- shall provide an additional progress re- ice providers, must enable the transport no later than 36 months from the mission of confidence and uncertainty effective date of the adoption of this data provided by CMRS providers to rule. The 36-month reports shall indi- the requesting PSAP. cate what progress the provider has (2) Upon meeting the 3-year time- made consistent with its implementa- frame pursuant to paragraph (i)(2)(i) of tion plan, and the nationwide CMRS this section, CMRS providers shall pro- providers shall include an assessment vide with wireless 911 calls that have a of their deployment of dispatchable lo- dispatchable location the C/U data for cation solutions. For any CMRS pro- the x- and y-axis (latitude, longitude) vider participating in the development required under paragraph (j)(1) of this of the NEAD database, this progress re- section.

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(3) Upon meeting the 6-year time- ing and utilizing the data elements as- frame pursuant to paragraph (i)(2)(i) of sociated with the service requested, if this section, CMRS providers shall pro- it can demonstrate that it has: vide with wireless 911 calls that have a (A) Ordered the necessary equipment dispatchable location the C/U data for and has commitments from suppliers the x- and y-axis (latitude, longitude) to have it installed and operational required under paragraph (j)(1) of this within such six-month period; and section. (B) Made a timely request to the ap- (k) Provision of live 911 call data for propriate local exchange carrier for the PSAPs. Notwithstanding other 911 call necessary trunking, upgrades, and data collection and reporting require- other facilities. ments in paragraph (i) of this section, (ii) For purposes of commencing the CMRS providers must record informa- six-month period for carrier implemen- tion on all live 911 calls, including, but tation specified in paragraphs (f) and not limited to, the positioning source (g) of this section, a PSAP that is method used to provide a location fix Phase I-capable using a Non-Call Path associated with the call. CMRS pro- Associated Signaling (NCAS) tech- viders must also record the confidence nology will be deemed capable of re- and uncertainty data that they provide ceiving and utilizing the data elements pursuant to paragraphs (j)(1) through associated with Phase II service if it (3) of this section. This information can demonstrate that it has made a must be made available to PSAPs upon timely request to the appropriate local request, and shall be retained for a pe- exchange carrier for the ALI database riod of two years. upgrade necessary to receive the Phase (l) Reports on Phase II plans. Licens- II information. ees subject to this section shall report to the Commission their plans for im- (3) Tolling of six-month period. Where a plementing Phase II enhanced 911 serv- wireless carrier has served a written ice, including the location-determina- request for documentation on the tion technology they plan to employ PSAP within 15 days of receiving the and the procedure they intend to use to PSAP’s request for Phase I or Phase II verify conformance with the Phase II enhanced 911 service, and the PSAP accuracy requirements by November 9, fails to respond to such request within 2000. Licensees are required to update 15 days of such service, the six-month these plans within thirty days of the period for carrier implementation spec- adoption of any change. These reports ified in paragraphs (d), (f), and (g) of and updates may be filed electronically this section will be tolled until the in a manner to be designated by the PSAP provides the carrier with such Commission. documentation. (m) Conditions for enhanced 911 serv- (4) Carrier certification regarding PSAP ices—(1) Generally. The requirements readiness issues. At the end of the six- set forth in paragraphs (d) through month period for carrier implementa- (h)(2) and in paragraph (j) of this section specified in paragraphs (d), (f) and tion shall be applicable only to the ex- (g) of this section, a wireless carrier tent that the administrator of the ap- that believes that the PSAP is not ca- plicable designated PSAP has re- pable of receiving and utilizing the quested the services required under data elements associated with the serv- those paragraphs and such PSAP is ca- ice requested may file a certification pable of receiving and utilizing the re- with the Commission. Upon filing and quested data elements and has a mech- service of such certification, the car- anism for recovering the PSAP’s costs rier may suspend further implementa- associated with them. tion efforts, except as provided in para- (2) Commencement of six-month period. graph (j)(4)(x) of this section. (i) Except as provided in paragraph (ii) (i) As a prerequisite to filing such of this section, for purposes of com- certification, no later than 21 days mencing the six-month period for car- prior to such filing, the wireless carrier rier implementation specified in para- must notify the affected PSAP, in writ- graphs (d), (f) and (g) of this section, a ing, of its intent to file such certifi- PSAP will be deemed capable of receiv- cation. Any response that the carrier

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receives from the PSAP must be in- rier will be liable for noncompliance as cluded with the carrier’s certification if the certification had not been filed. filing. (x) A carrier that files a certification (ii) The certification process shall be under paragraph (j)(4) of this section subject to the procedural requirements shall have 90 days from receipt of the set forth in sections 1.45 and 1.47 of this PSAP’s written notice that it is capa- chapter. ble of receiving and utilizing the data (iii) The certification must be in the elements associated with the service form of an affidavit signed by a direc- requested to provide such service in ac- tor or officer of the carrier, docu- cordance with the requirements of menting: paragraphs (d) through (h) of this sec- (A) The basis for the carrier’s deter- tion. mination that the PSAP will not be (5) Modification of deadlines by agree- ready; ment. Nothing in this section shall pre- (B) Each of the specific steps the car- vent Public Safety Answering Points rier has taken to provide the E911 serv- and carriers from establishing, by mu- ice requested; tual consent, deadlines different from (C) The reasons why further imple- those imposed for carrier and PSAP mentation efforts cannot be made until compliance in paragraphs (d), (f), and the PSAP becomes capable of receiving (g)(2) of this section. and utilizing the data elements associ- (n) Dispatch service. A service pro- ated with the E911 service requested; vider covered by this section who offers and dispatch service to customers may (D) The specific steps that remain to meet the requirements of this section be completed by the wireless carrier with respect to customers who utilize and, to the extent known, the PSAP or dispatch service either by complying other parties before the carrier can with the requirements set forth in provide the E911 service requested. paragraphs (b) through (e) of this sec- (iv) All affidavits must be correct. tion, or by routing the customer’s The carrier must ensure that its affi- emergency calls through a dispatcher. davit is correct, and the certifying di- If the service provider chooses the lat- rector or officer has the duty to per- ter alternative, it must make every sonally determine that the affidavit is reasonable effort to explicitly notify correct. its current and potential dispatch cus- (v) A carrier may not engage in a tomers and their users that they are practice of filing inadequate or incom- not able to directly reach a PSAP by plete certifications for the purpose of calling 911 and that, in the event of an delaying its responsibilities. emergency, the dispatcher should be (vi) To be eligible to make a certifi- contacted. cation, the wireless carrier must have (o) Non-service-initialized handsets. (1) completed all necessary steps toward Licensees subject to this section that E911 implementation that are not de- donate a non-service-initialized pendent on PSAP readiness. handset for purposes of providing ac- (vii) A copy of the certification must cess to 911 services are required to: be served on the PSAP in accordance (i) Program each handset with 911 with § 1.47 of this chapter. The PSAP plus the decimal representation of the may challenge in writing the accuracy seven least significant digits of the of the carrier’s certification and shall Electronic Serial Number, Inter- serve a copy of such challenge on the national Mobile Equipment Identifier, carrier. See §§ 1.45 and 1.47 and §§ 1.720 or any other identifier unique to that through 1.736 of this chapter. handset; (viii) If a wireless carrier’s certifi- (ii) Affix to each handset a label cation is facially inadequate, the six- which is designed to withstand the month implementation period specified length of service expected for a non- in paragraphs (d), (f) and (g) of this sec- service-initialized phone, and which tion will not be suspended as provided notifies the user that the handset can for in paragraph (j)(4) of this section. only be used to dial 911, that the 911 op- (ix) If a wireless carrier’s certifi- erator will not be able to call the user cation is inaccurate, the wireless car- back, and that the user should convey

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the exact location of the emergency as tion to the appropriate PSAP, in ac- soon as possible; and cordance with the accuracy require- (iii) Institute a public education pro- ments of section 20.18(i). gram to provide the users of such (q) Text-to-911 Requirements—(1) Cov- handsets with information regarding ered Text Provider: Notwithstanding any the limitations of non-service- other provisions in this section, for initialized handsets. purposes of this paragraph (n) of this (2) Manufacturers of 911-only section, a ‘‘covered text provider’’ in- handsets that are manufactured on or cludes all CMRS providers as well as after May 3, 2004, are required to: all providers of interconnected text (i) Program each handset with 911 messaging services that enable con- plus the decimal representation of the sumers to send text messages to and seven least significant digits of the receive text messages from all or sub- Electronic Serial Number, Inter- stantially all text-capable U.S. tele- national Mobile Equipment Identifier, phone numbers, including through the or any other identifier unique to that use of applications downloaded or oth- handset; erwise installed on mobile phones. (ii) Affix to each handset a label (2) Automatic Bounce-back Message: an which is designed to withstand the automatic text message delivered to a length of service expected for a non- consumer by a covered text provider in service-initialized phone, and which response to the consumer’s attempt to notifies the user that the handset can send a text message to 911 when the only be used to dial 911, that the 911 op- consumer is located in an area where erator will not be able to call the user text-to-911 service is unavailable or the back, and that the user should convey covered text provider does not support the exact location of the emergency as text-to-911 service generally or in the soon as possible; and area where the consumer is located at (iii) Institute a public education pro- the time. gram to provide the users of such (3) No later than September 30, 2013, handsets with information regarding all covered text providers shall provide the limitations of 911-only handsets. an automatic bounce-back message (3) Definitions. The following defini- under the following circumstances: tions apply for purposes of this para- (i) A consumer attempts to send a graph. text message to a Public Safety An- (i) Non-service-initialized handset. A swering Point (PSAP) by means of the handset for which there is no valid three-digit short code ‘‘911’’; and service contract with a provider of the (ii) The covered text provider cannot services enumerated in paragraph (a) of deliver the text because the consumer this section. is located in an area where: (ii) 911-only handset. A non-service- (A) Text-to-911 service is unavailable; initialized handset that is manufac- or tured with the capability of dialing 911 (B) The covered text provider does only and that cannot receive incoming not support text-to-911 service at the calls. time. (p) Reseller obligation. (1) Beginning (4)(i) A covered text provider is not December 31, 2006, resellers have an ob- required to provide an automatic ligation, independent of the underlying bounce-back message when: licensee, to provide access to basic and (A) Transmission of the text message enhanced 911 service to the extent that is not controlled by the provider; the underlying licensee of the facilities (B) A consumer is attempting to text the reseller uses to provide access to 911, through a text messaging applica- the public switched network complies tion that requires CMRS service, from with sections 20.18(d)–(g). a non-service initialized handset; (2) Resellers have an independent ob- (C) When the text-to-911 message can- ligation to ensure that all handsets or not be delivered to a PSAP due to fail- other devices offered to their cus- ure in the PSAP network that has not tomers for voice communications and been reported to the provider; or sold after December 31, 2006 are capable (D) A consumer is attempting to text of transmitting enhanced 911 informa- 911 through a device that is incapable

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of sending texts via three digit short into the SMS network of the con- codes, provided the software for the de- sumer’s underlying CMRS provider sat- vice cannot be upgraded over the air to isfies the obligations of paragraph allow text-to-911. (n)(3) of this section provided it does (ii) The provider of a preinstalled or not prevent or inhibit delivery of the downloadable interconnected text ap- CMRS provider’s automatic bounce- plication is considered to have ‘‘con- back message to the consumer. trol’’ over transmission of text mes- (9) 911 text message. A 911 text messages for purposes of paragraph sage is a message, consisting of text (n)(4)(i)(A) of this section. However, if characters, sent to the short code ‘‘911’’ a user or a third party modifies or ma- and intended to be delivered to a PSAP nipulates the application after it is in- by a covered text provider, regardless stalled or downloaded so that it no longer supports bounce-back mes- of the text messaging platform used. saging, the application provider will be (10) Delivery of 911 text messages. (i) No presumed not to have control. later than December 31, 2014, all cov- (5) The automatic bounce-back mes- ered text providers must have the capa- sage shall, at a minimum, inform the bility to route a 911 text message to a consumer that text-to-911 service is not PSAP. In complying with this require- available and advise the consumer or ment, covered text providers must ob- texting program user to use another tain location information sufficient to means to contact emergency services. route text messages to the same PSAP (6) Covered text providers that sup- to which a 911 voice call would be rout- port text-to-911 must provide a mecha- ed, unless the responsible local or state nism to allow PSAPs that accept text- entity designates a different PSAP to to-911 to request temporary suspension receive 911 text messages and informs of text-to-911 service for any reason, in- the covered text provider of that cluding, but not limited to, network change. All covered text providers congestion, call taker overload, PSAP using device-based location informa- failure, or security breach, and to re- tion that requires consumer activation quest resumption of text-to-911 service must clearly inform consumers that after such temporary suspension. Dur- they must grant permission for the ing any period of suspension of text-to- text messaging application to access 911 service, the covered text provider the wireless device’s location informa- must provide an automatic bounce- tion in order to enable text-to-911. If a back message to any consumer attempting to text to 911 in the area sub- consumer does not permit this access, ject to the temporary suspension. the covered text provider’s text appli- (7) Notwithstanding any other provi- cation must provide an automated sions in this section, when a consumer bounce-back message as set forth in is roaming on a covered text provider’s paragraph (n)(3) of this section. host network pursuant to § 20.12, the (ii) Covered text providers must covered text provider operating the begin routing all 911 text messages to a consumer’s home network shall have PSAP by June 30, 2015, or within six the obligation to originate an auto- months of the PSAP’s valid request for matic bounce-back message to such text-to-911 service, whichever is later, consumer when the consumer is lo- unless an alternate timeframe is cated in an area where text-to-911 serv- agreed to by both the PSAP and the ice is unavailable, or the home pro- covered text provider. The covered text vider does not support text-to-911 serv- provider must notify the Commission ice in that area at the time. The host of the dates and terms of the alternate provider shall not impede the con- timeframe within 30 days of the par- sumer’s 911 text message to the home ties’ agreement. provider and/or any automatic bounce- (iii) Valid Request means that: back message originated by the home (A) The requesting PSAP is, and cer- provider to the consumer roaming on the host network. tifies that it is, technically ready to re- (8) A software application provider ceive 911 text messages in the format that transmits text messages directly requested;

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(B) The appropriate local or state 911 ments and will not become effective until ap- service governing authority has spe- proval has been given by the Office of Man- cifically authorized the PSAP to ac- agement and Budget. cept and, by extension, the covered 2. At 72 FR 27708, May 16, 2007, in § 20.18, text provider to provide, text-to-911 paragraph (a) was revised. The paragraph service; and contains information collection and recordkeeping requirements and will not become (C) The requesting PSAP has pro- effective until approval has been given by vided notification to the covered text the Office of Management and Budget. provider that it meets the foregoing requirements. Registration by the PSAP § 20.19 Hearing aid-compatible mobile in a database made available by the handsets. Commission in accordance with re- (a) Scope of section; definitions—(1) quirements established in connection Service providers. (i) On or after Janu- therewith, or any other written notifi- ary 1, 2018 for Tier I carriers and April cation reasonably acceptable to the covered text provider, shall constitute 1, 2018 for service providers other than sufficient notification for purposes of Tier I carriers, the hearing aid compat- this paragraph. ibility requirements of this section (iv) The requirements set forth in apply to providers of digital mobile paragraphs (n)(10)(i) through (iii) of service in the United States to the ex- this section do not apply to in-flight tent that they offer terrestrial mobile text messaging providers, MSS pro- service that enables two-way real-time viders, or IP Relay service providers, or voice communications among members to 911 text messages that originate of the public or a substantial portion of from Wi-Fi only locations or that are the public, including both inter- transmitted from devices that cannot connected and non-interconnected access the CMRS network. VoIP services, and such service is pro- (11) Access to SMS networks for 911 text vided over frequencies in the 698 MHz messages. To the extent that CMRS pro- to 6 GHz bands. viders offer Short Message Service (ii) Prior to January 1, 2018 for Tier I (SMS), they shall allow access by any carriers and April 1, 2018 for service other covered text provider to the ca- providers other than Tier I carriers, pabilities necessary for transmission of the hearing aid compatibility require- 911 text messages originating on such ments of this section apply to pro- other covered text providers’ applica- viders of digital CMRS in the United tion services. Covered text providers States to the extent that they offer using the CMRS network to deliver 911 real-time, two-way switched voice or text messages must clearly inform con- data service that is interconnected sumers that, absent an SMS plan with with the public switched network and the consumer’s underlying CMRS pro- utilizes an in-network switching facil- vider, the covered text provider may be ity that enables the provider to reuse unable to deliver 911 text messages. frequencies and accomplish seamless CMRS providers may migrate to other hand-offs of subscriber calls, and such technologies and need not retain SMS service is provided over frequencies in networks solely for other covered text the 698 MHz to 6 GHz bands. providers’ 911 use, but must notify the (2) Manufacturers. On or after Janu- affected covered text providers not less ary 1, 2018, the requirements of this than 90 days before the migration is to section also apply to the manufactur- occur. ers of the wireless handsets that are [63 FR 2637, Jan. 16, 1998] used in delivery of the services specified in paragraph (a)(1)(i) of this sec- EDITORIAL NOTE: For FEDERAL REGISTER ci- tion. Prior to January 1, 2018, the re- tations affecting § 20.18, see the List of CFR Sections Affected, which appears in the quirements of this section also apply to Finding Aids section of the printed volume the manufacturers of the wireless and at www.fdsys.gov. handsets that are used in delivery of the services specified in paragraph EFFECTIVE DATE NOTES: 1. At 68 FR 2918, Jan. 22, 2003, in § 20.18, paragraph (j) was re- (a)(1)(ii) of this section. vised. Paragraphs (j)(4) and (5) contain infor- (3) Definitions. For purposes of this mation collection and recordkeeping require- section:

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(i) Handset refers to a device used in fore January 1, 2010, under previous delivery of the services specified in versions of ANSI C63.19 remain valid paragraph (a)(1) of this section that for hearing aid compatibility purposes. contains a built-in speaker and is typi- (3) Handsets operating over multiple fre- cally held to the ear in any of its ordi- quency bands or air interfaces. (i) Except nary uses. as provided in paragraph (b)(3)(ii) of (ii) Manufacturer refers to a wireless this section, a wireless handset used handset manufacturer to which the re- for digital mobile service only over the quirements of this section apply. 698 MHz to 6 GHz frequency bands is (iii) Model refers to a wireless hearing aid-compatible with regard to handset device that a manufacturer radio frequency interference or induc- has designated as a distinct device tive coupling if it meets the applicable model, consistent with its own mar- technical standard set forth in para- keting practices. However, if a manu- graph (b)(1) or (b)(2) of this section for facturer assigns different model device all frequency bands and air interfaces designations solely to distinguish units over which it operates, and the handset sold to different carriers, or to signify has been certified as compliant with other distinctions that do not relate to the test requirements for the applica- either form, features, or capabilities, ble standard pursuant to § 2.1033(d) of such designations shall not count as this chapter. A wireless handset that distinct models for purposes of this sec- incorporates operations outside the 698 tion. MHz to 6 GHz frequency bands is hear- (iv) Service provider refers to a pro- ing aid-compatible if the handset oth- vider of digital mobile service to which erwise satisfies the requirements of the requirements of this section apply. this paragraph (b). (v) Tier I carrier refers to a CMRS pro- (ii) A handset that is introduced by vider that offers such service nation- the manufacturer prior to July 17, 2013, wide. and that does not meet the require- (b) Hearing aid compatibility; technical ments for hearing aid compatibility standards—(1) For radio frequency inter- under paragraph (b)(3)(i) of this sec- ference. A wireless handset submitted tion, is hearing aid-compatible for for equipment certification or for a radio frequency interference or induc- permissive change relating to hearing tive coupling only with respect to aid compatibility must meet, at a min- those frequency bands and air inter- imum, the M3 rating associated with faces for which technical standards are the technical standard set forth in ei- stated in ANSI C63.19–2007 if it meets, ther the standard document ‘‘American at a minimum, an M3 rating (for radio National Standard Methods of Meas- frequency interference) or a T3 rating urement of Compatibility Between (for inductive coupling) under ANSI Wireless Communication Devices and C63.19–2007 for all such frequency bands Hearing Aids,’’ ANSI C63.19–2007 or and air interfaces over which it oper- ANSI C63.19–2011. Any grants of certifi- ates, and the handset has been certified cation issued before January 1, 2010, as compliant with the test require- under previous versions of ANSI C63.19 ments for the applicable standard pur- remain valid for hearing aid compat- suant to § 2.1033(d) of this chapter. ibility purposes. (4) All factual questions of whether a (2) For inductive coupling. A wireless wireless handset meets the technical handset submitted for equipment cer- standard(s) of this paragraph shall be tification or for a permissive change referred for resolution to the Chief, Of- relating to hearing aid compatibility fice of Engineering and Technology, must meet, at a minimum, the T3 rat- Federal Communications Commission, ing associated with the technical 445 12th Street, SW., Washington, DC standard set forth in either the stand- 20554. ard document ‘‘American National (c) Phase-in of requirements relating Standard Methods of Measurement of to radio frequency interference. The Compatibility Between Wireless Com- following applies to each manufacturer munication Devices and Hearing Aids,’’ and service provider that offers wire- ANSI C63.19–2007 or ANSI C63.19–2011. less handsets used in the delivery of Any grants of certification issued be- the services specified in paragraph (a)

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of this section and that does not fall or higher required for that air interface within the de minimis exception set (rounded up to the nearest whole num- forth in paragraph (e) of this section. ber). However, prior to July 17, 2014 for man- (C) Beginning September 10, 2012, for ufacturers and Tier I carriers and Octo- manufacturers that together with their ber 17, 2014 for service providers other parent, subsidiary, or affiliate compa- than Tier I carriers, the requirements nies under common ownership or con- of this section do not apply to handset trol, have had more than 750 employees operations over frequency bands and for at least two years and that offer air interfaces for which technical two models over an air interface for standards are not stated in ANSI which they have been offering handsets C63.19–2007. for at least two years, at least one new (1) Manufacturers—(i) Number of hear- model rated M3 or higher shall be in- ing aid-compatible handset models of- troduced every other calendar year. fered. For each digital air interface for (2) Tier I carriers. For each digital air which it offers wireless handsets in the interface for which it offers wireless United States or imported for use in handsets to customers, each Tier I car- the United States, each manufacturer rier must either: of wireless handsets must offer handset (i) Ensure that at least fifty (50) per- models that comply with paragraph cent of the handset models it offers (b)(1) of this section. Prior to Sep- comply with paragraph (b)(1) of this tember 8, 2011, handset models for pur- section, calculated based on the total poses of this paragraph include only number of unique digital wireless models offered to service providers in handset models the carrier offers na- the United States. tionwide; or (A) If it offers four to six models, at (ii) Ensure that it offers, at a min- least two of those handset models must imum, the following specified number comply with the requirements set forth of handset models that comply with in paragraph (b)(1) of this section. paragraph (b)(1) of this section: (B) If it offers more than six models, (A) Prior to February 15, 2009, at at least one-third of those handset least eight (8) handset models; models (rounded down to the nearest (B) Beginning February 15, 2009, at whole number) must comply with the least nine (9) handset models; and requirements set forth in paragraph (C) Beginning February 15, 2010, at (b)(1) of this section. least ten (10) handset models. (ii) Refresh requirement. Beginning in (3) Service providers other than Tier I calendar year 2009, and for each year carriers. For each digital air interface thereafter that it elects to produce a for which it offers wireless handsets to new model, each manufacturer that of- customers, each service provider other fers any new model for a particular air than a Tier I carrier must: interface during the calendar year (i) Prior to September 7, 2008, include must ‘‘refresh’’ its offerings of hearing in the handset models it offers at least aid-compatible handset models by of- two handset models that comply with fering a mix of new and existing models paragraph (b)(1) of this section; that comply with paragraph (b)(1) of (ii) Beginning September 7, 2008, ei- this section according to the following ther: requirements: (A) Ensure that at least fifty (50) per- (A) For manufacturers that offer cent of the handset models it offers three models per air interface, at least comply with paragraph (b)(1) of this one new model rated M3 or higher shall section, calculated based on the total be introduced every other calendar number of unique digital wireless year. handset models the service provider of- (B) For manufacturers that offer four fers nationwide; or or more models operating over a par- (B) Ensure that it offers, at a min- ticular air interface, the number of imum, the following specified number models rated M3 or higher that must be of handset models that comply with new models introduced during that cal- paragraph (b)(1) of this section: endar year is equal to one-half of the (1) Until May 15, 2009, at least eight minimum number of models rated M3 (8) handset models;

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(2) Beginning May 15, 2009, at least (i) At least two (2) handset models in nine (9) handset models; and that air interface; or (3) Beginning May 15, 2010, at least (ii) At least the following percentage ten (10) handset models. of handset models (rounded down to (4) All service providers. The following the nearest whole number): requirements apply to Tier I carriers (A) Beginning February 15, 2009, at and all other service providers. least twenty (20) percent of its handset (i) In-store testing. Each service pro- models in that air interface, provided vider must make available for con- that, of any such models introduced sumers to test, in each retail store during calendar year 2009, one model owned or operated by the provider, all may be rated using ANSI C63.19–2006 of its handset models that comply with (June 12, 2006), and all other models in- paragraph (b)(1) of this section. troduced during that year or subse- (ii) Offering models with differing levels quent years shall be rated using ANSI of functionality. Each service provider C63.19–2007 (June 8, 2007) or subse- must offer its customers a range of quently adopted version as may be ap- hearing aid-compatible models with proved pursuant to paragraph (k); differing levels of functionality (e.g., (B) Beginning February 15, 2010, at operating capabilities, features offered, least twenty-five (25) percent of its prices). Each provider may determine handset models in that air interface; the criteria for determining these dif- and fering levels of functionality, and must (C) Beginning February 15, 2011, at disclose its methodology to the Com- least one-third of its handset models in mission pursuant to paragraph that air interface. (i)(3)(vii) of this section. (2) Tier I carriers. For each digital air (d) Phase-in of requirements relating interface for which it offers wireless to inductive coupling capability. The handsets to service providers, each Tier following applies to each manufacturer I carrier must: and service provider that offers wire- (i) Ensure that at least one-third of less handsets used in the delivery of the handset models it offers comply the services specified in paragraph (a) with paragraph (b)(2) of this section, of this section and that does not fall calculated based on the total number within the de minimis exception set of unique digital wireless handset mod- forth in paragraph (e) of this section. els the carrier offers nationwide; or However, prior to July 17, 2014 for man- (ii) Ensure that it offers, at a min- ufacturers and Tier I carriers and Octo- imum, the following specified number ber 17, 2014 for service providers other of handset models that comply with than Tier I carriers, the requirements paragraph (b)(2) of this section: of this section do not apply to handset (A) Prior to February 15, 2009, at operations over frequency bands and least three (3) handset models; air interfaces for which technical (B) Beginning February 15, 2009, at standards are not stated in ANSI least five (5) handset models; C63.19–2007. (C) Beginning February 15, 2010, at (1) Manufacturers. Each manufacturer least seven (7) handset models; and offering to service providers four or (D) Beginning February 15, 2011, at more handset models, and beginning least ten (10) handset models. September 8, 2011, each manufacturer (3) Service providers other than Tier I offering four or more handset models, carriers. For each digital air interface in a digital air interface for use in the for which it offers wireless handsets to United States or imported for use in customers, each service provider other the United States must ensure that it than a Tier I carrier must: offers to service providers, and begin- (i) Prior to September 7, 2008, include ning September 8, 2011, must ensurel in the handset models it offers at least that it offers, at a minimum, the fol- two handset models that comply with lowing number of handset models that paragraph (b)(2) of this section; comply with the requirements set forth (ii) Beginning September 7, 2008, ei- in paragraph (b)(2) of this section, ther: whichever number is greater in any (A) Ensure that at least one-third of given year. the handset models it offers comply

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with paragraph (b)(2) of this section, that have had more than 1500 employ- calculated based on the total number ees for at least two years, and that of unique digital wireless handset mod- have been offering handsets over an air els the carrier offers nationwide; or interface for at least two years, that (B) Ensure that it offers, at a min- offer one or two digital wireless imum, the following specified number handsets in that air interface in the of handset models that comply with United States must offer at least one paragraph (b)(2) of this section: handset model compliant with para- (1) Until May 15, 2009, at least three graphs (b)(1) and (b)(2) of this section (3) handset models; in that air interface, except as provided (2) Beginning May 15, 2009, at least in paragraph (e)(1)(iii) of this section. five (5) handset models; Service providers that obtain handsets (3) Beginning May 15, 2010, at least only from manufacturers that offer one seven (7) handset models; and or two digital wireless handset models (4) Beginning May 15, 2011, at least in an air interface in the United ten (10) handset models. States, and that have had more than (4) All service providers. The following 750 employees for at least two years requirements apply to Tier I carriers and have offered handsets over that air and all other service providers. interface for at least two years, are re- (i) In-store testing. Each service pro- quired to offer at least one handset vider must make available for con- model in that air interface compliant sumers to test, in each retail store with paragraphs (b)(1) and (b)(2) of this owned or operated by the provider, all section, except as provided in para- of its handset models that comply with graph (e)(1)(iii) of this section. For pur- paragraph (b)(2) of this section. poses of this paragraph, employees of a (ii) Offering models with differing levels parent, subsidiary, or affiliate com- of functionality. Each service provider pany under common ownership or con- must offer its customers a range of trol with a manufacturer or service hearing aid-compatible models with provider are considered employees of differing levels of functionality (e.g., the manufacturer or service provider. operating capabilities, features offered, Manufacturers and service providers prices). Each provider may determine covered by this paragraph must also the criteria for determining these dif- comply with all other requirements of fering levels of functionality, and must this section. disclose its methodology to the Com- (iii) Manufacturers and service pro- mission pursuant to paragraph viders that offer one or two digital (i)(3)(vii) of this section. handset models that operate over the (e) De minimis exception. (1)(i) Manu- GSM air interface in the 1900 MHz band facturers or service providers that offer two or fewer digital wireless handsets may satisfy the requirements of para- in an air interface in the United States graph (e)(1)(ii) of this section by offer- are exempt from the requirements of ing at least one handset model that this section in connection with that air complies with paragraph (b)(2) of this interface, except with regard to the re- section and that either complies with porting requirements in paragraph (i) paragraph (b)(1) of this section or of this section. Service providers that meets the following conditions: obtain handsets only from manufactur- (A) The handset enables the user op- ers that offer two or fewer digital wire- tionally to reduce the maximum power less handset models in an air interface at which the handset will operate by no in the United States are likewise ex- more than 2.5 decibels, except for emer- empt from the requirements of this gency calls to 911, only for GSM oper- section other than paragraph (i) of this ations in the 1900 MHz band; section in connection with that air (B) The handset would comply with interface. paragraph (b)(1) of this section if the (ii) Notwithstanding paragraph power as so reduced were the maximum (e)(1)(i) of this section, beginning Sep- power at which the handset could oper- tember 10, 2012, manufacturers that ate; and have had more than 750 employees for (C) Customers are informed of the at least two years and service providers power reduction mode as provided in

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paragraph (f)(3) of this section. Manu- MHz to 6 GHz bands, it discloses to facturers and service providers covered consumers, by clear and effective by this paragraph must also comply means (e.g., inclusion of call-out cards with all other requirements of this sec- or other media, revisions to packaging tion. materials, supplying of information on (2) Manufacturers or service pro- Web sites), that the handset has not viders that offer three digital wireless been rated for hearing aid compat- handset models in an air interface ibility with respect to some of its oper- must offer at least one handset model ation(s). This disclosure shall include compliant with paragraphs (b)(1) and the following language: (b)(2) of this section in that air inter- This phone has been tested and rated for face. Service providers that obtain use with hearing aids for some of the wire- handsets only from manufacturers that less technologies that it uses. However, there offer three digital wireless handset may be some newer wireless technologies models in an air interface in the United used in this phone that have not been tested States are required to offer at least one yet for use with hearing aids. It is important handset model in that air interface to try the different features of this phone thoroughly and in different locations, using compliant with paragraphs (b)(1) and your hearing aid or cochlear implant, to de- (b)(2) of this section. termine if you hear any interfering noise. (f) Labeling and disclosure require- Consult your service provider or the manu- ments—(1) Labeling requirements. Manu- facturer of this phone for information on facturers and service providers shall hearing aid compatibility. If you have ques- ensure that handsets that are hearing tions about return or exchange policies, con- aid-compatible, as defined in paragraph sult your service provider or phone retailer. (b) of this section, clearly display the (ii) However, service providers are rating, as defined in paragraphs (b)(1) not required to include this language and (b)(2) of this section, on the pack- in the packaging material for handsets aging material of the handset. In the that incorporate a Wi-Fi air interface event that a hearing aid-compatible and that were obtained by the service handset achieves different radio inter- provider before March 8, 2011, provided ference or inductive coupling ratings that the service provider otherwise dis- over different air interfaces or dif- closes by clear and effective means ferent frequency bands, the RF inter- that the handset has not been rated for ference reduction and inductive cou- hearing aid compatibility with respect pling capability ratings displayed shall to Wi-Fi operation. be the lowest rating assigned to that (iii) Each manufacturer and service handset for any air interface or fre- provider shall ensure that, wherever it quency band. An explanation of the provides hearing aid compatibility rat- ANSI C63.19 rating system must also be ings for a handset that is considered included in the device’s user’s manual hearing aid-compatible under para- or as an insert in the packaging mate- graph (b)(3)(ii) of this section only with rial for the handset. respect to those frequency bands and (2) Disclosure requirements relating air interfaces for which technical to handsets treated as hearing aid-com- standards are stated in ANSI C63.19– patible over fewer than all their oper- 2007, and that the manufacturer has ations. tested and found not to meet hearing (i) Each manufacturer and service aid compatibility requirements under provider shall ensure that, wherever it ANSI C63.19–2011 for operations over provides hearing aid compatibility rat- one or more air interfaces or frequency ings for a handset that is considered bands for which technical standards hearing aid-compatible under para- are not stated in ANSI C63.19–2007, it graph (b)(3)(ii) of this section only with discloses to consumers, by clear and ef- respect to those frequency bands and fective means (e.g., inclusion of call- air interfaces for which technical out cards or other media, revisions to standards are stated in ANSI C63.19– packaging materials, supplying of in- 2007 and that has not been tested for formation on Web sites), that the hearing aid compatibility under ANSI handset does not meet the relevant rat- C63.19–2011, or any handset that oper- ing or ratings with respect to such op- ates over frequencies outside of the 698 eration(s).

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(3) Disclosure requirement relating to must be up-to-date as of the last day of handsets that allow the user to reduce the the calendar month preceding the due maximum power for GSM operation in the date of the report. 1900 MHz band. Handsets offered to sat- (2) Content of manufacturer reports. isfy paragraph (e)(1)(iii) of this section Reports filed by manufacturers must shall be labeled as meeting an M3 rat- include: ing. Each manufacturer and service (i) Digital wireless handset models provider shall ensure that, wherever tested, since the most recent report, this rating is displayed, it discloses to for compliance with the applicable consumers, by clear and effective hearing aid compatibility technical means (e.g., inclusion of call-out cards ratings; or other media, revisions to packaging (ii) Compliant handset models offered materials, supplying of information on to service providers since the most re- Web sites), that user activation of a cent report, identifying each model by special mode is necessary to meet the marketing model name/number(s) and hearing aid compatibility standard. In FCC ID number; addition, each manufacturer or service (iii) For each compliant model, the provider shall ensure that the device air interface(s) and frequency band(s) manual or a product insert explains over which it operates, the hearing aid how to activate the special mode and compatibility ratings for each fre- that doing so may result in a reduction quency band and air interface under of coverage. ANSI Standard C63.19, the ANSI Stand- (g) Model designation requirements. ard C63.19 version used, and the months Where a manufacturer has made phys- in which the model was available to ical changes to a handset that result in service providers since the most recent a change in the hearing aid compat- report; ibility rating under paragraph (b)(1) or (iv) Non-compliant models offered to (b)(2) of this section, the altered service providers since the most recent handset must be given a model designa- report, identifying each model by mar- tion distinct from that of the handset keting model name/number(s) and FCC prior to its alteration. ID number; (h) Web site requirements. Beginning January 15, 2009, each manufacturer (v) For each non-compliant model, and service provider subject to this sec- the air interface(s) over which it oper- tion that operates a publicly-accessible ates and the months in which the Web site must make available on its model was available to service pro- Web site a list of all hearing aid-com- viders since the most recent report; patible models currently offered, the (vi) Total numbers of compliant and ratings of those models, and an expla- non-compliant models offered to serv- nation of the rating system. Each service providers for each air interface as ice provider must also specify on its of the time of the report; Web site, based on the levels of (vii) Any instance, as of the date of functionality that the service provider the report or since the most recent re- has defined, the level that each hearing port, in which multiple compliant or aid-compatible model falls under as non-compliant devices were marketed well as an explanation of how the under separate model name/numbers functionality of the handsets varies at but constitute a single model for pur- the different levels. poses of the hearing aid compatibility (i) Reporting requirements—(1) Report- rules, identifying each device by mar- ing dates. Manufacturers shall submit keting model name/number and FCC ID reports on efforts toward compliance number; with the requirements of this section (viii) Status of product labeling; on January 15, 2009 and on July 15, 2009, (ix) Outreach efforts; and and on an annual basis on July 15 (x) If the manufacturer maintains a thereafter. Service providers shall sub- public Web site, the Web site address of mit reports on efforts toward compli- the page(s) containing the information ance with the requirements of this sec- regarding hearing aid-compatible tion on January 15, 2009, and annually handset models required by paragraph thereafter. Information in the reports (h) of this section.

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NOTE TO PARAGRAPH (i)(2): For reports due (4) Format. The Wireless Tele- on January 15, 2009, information provided communications Bureau is delegated with respect to paragraphs (i)(2)(ii) authority to approve or prescribe for- through(i)(2)(v) and (i)(2)(vii) and (i)(2)(viii) mats and methods for submission of need be provided only for the six-month period from July 1 to December 31, 2008. these reports. Any format that the Bu- reau may approve or prescribe shall be (3) Content of service provider reports. made available on the Bureau’s Web Reports filed by service providers must site. include: (j) Enforcement. Enforcement of this (i) Compliant handset models offered section is hereby delegated to those to customers since the most recent re- states that adopt this section and pro- port, identifying each model by mar- vide for enforcement. The procedures keting model name/number(s) and FCC followed by a state to enforce this sec- ID number; tion shall provide a 30-day period after (ii) For each compliant model, the a complaint is filed, during which time air interface(s) and frequency band(s) state personnel shall attempt to re- over which it operates, the hearing aid solve a dispute on an informal basis. If compatibility ratings for each fre- a state has not adopted or incorporated quency band and air interface under this section, or failed to act within six ANSI Standard C63.19, and the months (6) months from the filing of a com- in which the model was available since plaint with the state public utility the most recent report; commission, the Commission will ac- (iii) Non-compliant models offered cept such complaints. A written notifi- since the most recent report, identi- cation to the complainant that the fying each model by marketing model state believes action is unwarranted is name/number(s) and FCC ID number; not a failure to act. The procedures set forth in part 68, subpart E of this chap- (iv) For each non-compliant model, ter are to be followed. the air interface(s) over which it oper- (k) Delegation of rulemaking authority. ates and the months in which the (1) The Chief of the Wireless Tele- model was available since the most re- communications Bureau and the Chief cent report; of the Office of Engineering and Tech- (v) Total numbers of compliant and nology are delegated authority, by no- non-compliant models offered to cus- tice-and-comment rulemaking, to issue tomers for each air interface over an order amending this section to the which the service provider offers serv- extent necessary to adopt technical ice as of the time of the report; standards for additional frequency (vi) Information related to the retail bands and/or air interfaces upon the es- availability of compliant handset mod- tablishment of such standards by ANSI els; Accredited Standards Committee (vii) The levels of functionality into C63 TM, provided that the standards do which the compliant handsets fall and not impose with respect to such fre- an explanation of the service provider’s quency bands or air interfaces materi- methodology for determining levels of ally greater obligations than those im- functionality; posed on other services subject to this (viii) Status of product labeling; section. Any new obligations on manu- (ix) Outreach efforts; and facturers and Tier I carriers pursuant (x) If the service provider maintains to paragraphs (c) through (i) of this a public Web site, the Web site address section as a result of such standards of the page(s) containing the informa- shall become effective no less than one tion regarding hearing aid-compatible year after release of the order adopting handset models required by paragraph such standards and any new obliga- (h) of this section. tions on other service providers shall become effective no less than 15 NOTE TO PARAGRAPH (i)(3): For reports due months after the release of such order, on January 15, 2009, information provided with respect to paragraphs (i)(3)(i) through except that any new obligations on (i)(3)(iv) and (i)(3)(vi) through (i)(3)(viii) need manufacturers and service providers be provided only for the six-month period subject to paragraph (e)(1)(ii) of this from July 1 to December 31, 2008. section shall become effective no less

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than two years after the release of such less Communication Devices and order. Hearing Aids, June 8, 2007 (2) The Chief of the Wireless Tele- (ii) ANSI C63.19–2011, American Na- communications Bureau and the Chief tional Standard Methods of Measure- of the Office of Engineering and Tech- ment of Compatibility between Wire- nology are delegated authority, by no- less Communication Devices and tice-and-comment rulemaking if re- Hearing Aids, May 27, 2011 quired by statute or otherwise in the (2) [Reserved] public interest, to issue an order amending this section to the extent [73 FR 25587, May 7, 2008, as amended at 75 necessary to approve any version of the FR 54522, Sept. 8, 2010; 77 FR 41928, July 17, 2012; 81 FR 183, Jan. 5, 2016] technical standards for radio frequency interference or inductive coupling EFFECTIVE DATE NOTE: At 81 FR 60633, adopted subsequently to ANSI C63.19– Sept. 2, 2016, § 20.19 was amended by adding 2007 for use in determining whether a paragraphs (c)(1)(i)(C) and (D), (c)(2)(iii), wireless handset meets the appropriate (c)(3)(iii), (c)(3)(iv), (d)(1)(ii)(D) and (E), (d)(2)(iii), (d)(3)(iii), (d)(3)(iv), and (e)(3), ef- rating over frequency bands and air fective Oct. 3, 2016. For the convenience of interfaces for which technical stand- the user, the added text is set forth as fol- ards have previously been adopted ei- lows: ther by the Commission or pursuant to paragraph (k)(1) of this section. This § 20.19 Hearing aid-compatible mobile handsets. delegation is limited to the approval of changes to the technical standard that do not raise major compliance issues. * * * * * Further, by such approvals, the Chiefs (c) * * * may only permit, and not require, the (1) * * * use of such subsequent versions of (i) * * * standard document ANSI C63.19 to es- (C) Beginning October 3, 2018, at least tablish hearing aid compatibility. sixty-six (66) percent of those handset models (l) The standards required in this sec- (rounded down to the nearest whole number) tion are incorporated by reference into must comply with the requirements set forth in paragraphs (b)(1) and (2) of this section. this section with the approval of the (D) Beginning October 4, 2021, at least Director of the Federal Register under eighty-five (85) percent of those handset 5 U.S.C. 552(a) and 1 CFR part 51. To en- models (rounded down to the nearest whole force any edition other than those number) must comply with the requirements specified in this section, the FCC must set forth in paragraphs (b)(1) and (2) of this publish notice of change in the FED- section. ERAL REGISTER and the material must (2) * * * be available to the public. All approved (iii) Beginning April 3, 2019, each Tier I material is available for inspection at carrier must ensure that at least sixty-six (66) percent of the handset models it offers the Federal Communications Commis- comply with paragraphs (b)(1) and (2) of this sion (FCC), 445 12th St. SW., Reference section, calculated based on the total num- Information Center, Room CY–A257, ber of unique digital wireless handset models Washington, DC 20554 and is available the carrier offers nationwide. Beginning from the sources indicated below. It is April 4, 2022, each Tier I carrier must ensure also available for inspection at the Na- that at least eighty-five (85) percent of the tional Archives and Records Adminis- handset models it offers comply with para- tration (NARA). For information on graphs (b)(1) and (2) of this section, calculated based on the total number of unique the availability of this material at digital wireless handset models the carrier NARA, call 202–741–6030 or go to http:// offers nationwide. www.archives.gov/federallregister/ codeloflfederallregulations/ * * * * * ibrllocations.html. (1) IEEE Operations Center, 445 Hoes (3) * * * Lane, Piscataway, NJ 08854–4141, (732) (iii) Beginning April 3, 2020, ensure that at 981–0060, http://www.ieee.org/portal/site. least sixty-six (66) percent of the handset models it offers comply with paragraphs (i) ANSI C63.19–2007, American Na- (b)(1) and (2) of this section, calculated based tional Standard Methods of Measure- on the total number of unique digital wire- ment of Compatibility between Wire- less handset models the carrier offers.

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(iv) Beginning April 3, 2023, ensure that at graphs (b)(1) and (2) of this section in that least eighty-five (85) percent of the handset air interface and Tier I carriers who offer models it offers comply with paragraphs five digital wireless handset models in an air (b)(1) and (2) of this section, calculated based interface must offer at least three handsets on the total number of unique digital wire- compliant with paragraphs (b)(1) and (2) of less handset models the carrier offers. this section in that air interface. Beginning April 3, 2020, service providers, other than * * * * * Tier I carriers, who offer four digital wireless handset models in an air interface must offer (d) * * * at least two handset models compliant with (1) * * * paragraphs (b)(1) and (2) of this section in (ii) * * * that air interface and service providers, (D) Beginning October 3, 2018, at least other than Tier I carriers, who offer five dig- sixty-six (66) percent of the handset models ital wireless handset models in an air inter- in that air interface, which must comply face must offer at least three handsets com- with paragraphs (b)(1) and (2) of this section. pliant with paragraphs (b)(1) and (2) of this (E) Beginning October 4, 2021, at least section in that air interface. eighty-five (85) percent of the handset models in that air interface, which must comply with paragraphs (b)(1) and (2) of this section. * * * * *

* * * * * § 20.20 Conditions applicable to provision of CMRS service by incumbent (2) * * * Local Exchange Carriers. (iii) Beginning April 3, 2019, each Tier I carrier must ensure that at least sixty-six (a) Separate affiliate. An incumbent (66) percent of the handset models it offers LEC providing in-region broadband comply with paragraphs (b)(1) and (2) of this CMRS shall provide such services section, calculated based on the total num- through an affiliate that satisfies the ber of unique digital wireless handset models following requirements: the carrier offers nationwide. Beginning April 4, 2022, each Tier I carrier must ensure (1) The affiliate shall maintain sepa- that at least eighty-five (85) percent of the rate books of account from its affili- handset models it offers comply with para- ated incumbent LEC. Nothing in this graphs (b)(1) and (2) of this section, cal- section requires the affiliate to main- culated based on the total number of unique tain separate books of account that digital wireless handset models the carrier comply with part 32 of this chapter; offers nationwide. (2) The affiliate shall not jointly own transmission or switching facilities * * * * * with its affiliated incumbent LEC that (3) * * * the affiliated incumbent LEC uses for (iii) Beginning April 3, 2020, ensure that at the provision of local exchange service least sixty-six (66) percent of the handset in the same in-region market. Nothing models it offers comply with paragraphs in this section prohibits the affiliate (b)(1) and (2) of this section, calculated based on the total number of unique digital wire- from sharing personnel or other re- less handset models the carrier offers; sources or assets with its affiliated in- (iv) Beginning April 3, 2023, ensure that at cumbent LEC; and least eighty-five (85) percent of the handset (3) The affiliate shall acquire any models it offers comply with paragraphs services from its affiliated incumbent (b)(1) and (2) of this section, calculated based LEC for which the affiliated incumbent on the total number of unique digital wire- LEC is required to file a tariff at less handset models the carrier offers. tariffed rates, terms, and conditions. Other transactions between the affil- * * * * * iate and the incumbent LEC for serv- (e) * * * ices that are not acquired pursuant to (3) Beginning October 3, 2018, manufactur- tariff must be reduced to writing and ers that offer four or five digital wireless must be made on a compensatory, handset models in an air interface must offer arm’s length basis. All transactions be- at least two handset models compliant with tween the incumbent LEC and the affil- paragraphs (b)(1) and (2) of this section in that air interface. Beginning April 3, 2019, iate are subject to part 32 of this chap- Tier I carriers who offer four digital wireless ter, including the affiliate transaction handset models in an air interface must offer rules. Nothing in this section shall pro- at least two handsets compliant with para- hibit the affiliate from acquiring any

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unbundled network elements or ex- of the requirements set forth in para- change services for the provision of a graphs (a), (b) and (c) of this section. telecommunications service from its The FCC will grant such a petition affiliated incumbent LEC, subject to where the incumbent LEC dem- the same terms and conditions as pro- onstrates that suspension or modifica- vided in an agreement approved under tion of the separate affiliate require- section 252 of the Communications Act ment is of 1934, as amended. (i) Necessary to avoid a significant (b) Independence. The affiliate re- adverse economic impact on users of quired in paragraph (a) of this section telecommunications services generally shall be a separate legal entity from its or to avoid a requirement that would affiliated incumbent LEC. The affiliate be unduly economically burdensome, may be staffed by personnel of its affiliated incumbent LEC, housed in ex- and isting offices of its affiliated incum- (ii) Consistent with the public inter- bent LEC, and use its affiliated incum- est, convenience, and necessity. bent LEC’s marketing and other serv- (e) Definitions. Terms used in this sec- ices, subject to paragraphs (a)(3) and tion have the following meanings: (c) of this section. Affiliate. ‘‘Affiliate’’ means a person (c) Joint marketing. Joint marketing that (directly or indirectly) owns or of local exchange and exchange access controls, is owned or controlled by, or service and CMRS services by an in- is under common ownership with, an- cumbent LEC shall be subject to part other person. For purposes of this sec- 32 of this chapter. In addition, such tion, the term ‘‘own’’ means to own an agreements between the affiliate and equity interest (or the equivalent the incumbent LEC must be reduced to thereof) of more than 10 percent. writing and made available for public Broadband Commercial Mobile Radio inspection upon request at the prin- Service (Broadband CMRS). For the pur- ciple place of business of the affiliate poses of this section, ‘‘broadband and the incumbent LEC. The docu- CMRS’’ means Cellular Radiotelephone mentation must include a certification Service (part 22, subpart H of this chap- statement identical to the certification ter), Specialized Mobile Radio (part 90, statement currently required to be included with all Automated Reporting subpart S of this chapter), and and Management Information Systems broadband Personal Communications (ARMIS) reports. The affiliate must Services (part 24, subpart E of this also provide a detailed written descrip- chapter). tion of the terms and conditions of the Incumbent Local Exchange Carrier (In- transaction on the Internet within 10 cumbent LEC). ‘‘Incumbent LEC’’ has days of the transaction through the af- the same meaning as that term is de- filiate’s home page. fined in § 51.5 of this chapter. (d) Exceptions—(1) Rural telephone In-region. For the purposes of this companies. Rural telephone companies section, an incumbent LEC’s broadband are exempted from the requirements CMRS service is considered ‘‘in-region’’ set forth in paragraphs (a), (b) and (c) when 10 percent or more of the popu- of this section. A competing tele- lation covered by the CMRS affiliate’s communications carrier, inter- authorized service area, as determined connected with the rural telephone by the 1990 census figures, is within the company, however, may petition the affiliated incumbent LEC’s wireline FCC to remove the exemption, or the service area. FCC may do so on its own motion, Rural Telephone Company. ‘‘Rural where the rural telephone company has Telephone Company’’ has the same engaged in anticompetitive conduct. meaning as that term is defined in (2) Incumbent LECs with fewer than 2 § 51.5 of this chapter. percent of subscriber lines. Incumbent (f) Sunset. This section will no longer LECs with fewer than 2 percent of the be effective after January 1, 2002. nation’s subscriber lines installed in the aggregate nationwide may petition [62 FR 63871, Dec. 3, 1997, as amended at 66 the FCC for suspension or modification FR 10968, Feb. 21, 2001]

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§ 20.21 Signal boosters. by the licensee providing service to the third party. (a) Operation of Consumer Signal (c) Operation of Industrial Signal Boosters. A subscriber in good standing Boosters. An individual or non-indi- of a commercial mobile radio service vidual, other than a representative of a system may operate a Consumer Signal foreign government, may operate an Booster for personal use under the au- Industrial Signal Booster provided that thorization held by the licensee pro- the individual or non-individual: viding service to the subscriber pro- (1) Has an FCC license or obtains the vided that the subscriber complies with express consent of the licensee(s) whose paragraphs (a)(1) through (6). Failure frequencies are being retransmitted by to comply with all applicable rules in the device on a regular basis, and this section and all applicable tech- (2) Uses an Industrial Signal Booster nical rules for the frequency band(s) of which complies with paragraph (f) of operation voids the authority to oper- this section. ate the Consumer Signal Booster. (d) Operation on a secondary, non-in- (1) Prior to operation, the subscriber terference basis. Operation of signal obtains the consent of the licensee pro- boosters under this section is on a sec- viding service to the subscriber; ondary, non-interference basis to pri- (2) Prior to operation, the subscriber mary services licensed for the fre- registers the Consumer Signal Booster quency bands on which they transmit, with the licensee providing service to and to primary services licensed for the the subscriber; adjacent frequency bands that might (3) The subscriber only operates the be affected by their transmissions. Consumer Signal Booster with ap- (1) The operation of signal boosters proved antennas, cables, and/or cou- must not cause harmful interference to pling devices as specified by the manu- the communications of any primary li- facturer of the Consumer Signal Boost- censed service. er; (2) Upon request of an FCC represent- (4) The subscriber operates the Con- ative or a licensee experiencing harm- sumer Signal Booster on frequencies ful interference, a signal booster oper- used for the provision of subscriber- ator must: based services under parts 22 (Cellular), (i) Cooperate in determining the 24 (Broadband PCS), 27 (AWS–1, 700 source of the interference, and MHz Lower A–E Blocks, and 700 MHz (ii) If necessary, deactivate the sig- Upper C Block), and 90 (Specialized Mo- nal booster immediately, or as soon as bile Radio) of this chapter. Operation practicable, if immediate deactivation on part 90 (Specialized Mobile Radio) is not possible. frequencies is permitted upon the Com- (e) Consumer Signal Booster Network mission’s release of a public notice an- Protection Standard. (1) All Consumer nouncing the date Consumer Signal Signal Boosters must incorporate fea- Boosters may be used in the band; tures to prevent harmful interference (5) The Consumer Signal Booster to wireless networks including but not complies with paragraphs (e), (f), (g), limited to those enumerated in this and (h) of this section and § 2.907 of this section. chapter; and (2) Certification requirements. (i) A (6) The subscriber may not deactivate Consumer Signal Booster can only be any features of the Consumer Signal certificated and operated if it complies Booster which are designed to prevent with all applicable rules in this subpart harmful interference to wireless net- and all applicable technical rules for works. These features must be enabled the frequency band(s) of operation in- and operating at all times the signal cluding, but not limited to: § 22.355 of booster is in use. this chapter, Public Mobile Services, (b) De minimis operation of Consumer frequency tolerance; § 22.913 of this Signal Boosters. A third party’s inci- chapter, Cellular Radiotelephone Serv- dental use of a subscriber’s Consumer ice effective radiated power limits; Signal Booster operated under this § 22.917 of this chapter, Cellular Radio- paragraph is de minimis and shall be au- telephone Service, emission limita- thorized under the authorization held tions for cellular equipment; § 24.232 of

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this chapter, Broadband Personal Com- in uplink and downlink bands (such as munications Service, power and an- may result from insufficient isolation tenna height limits; § 24.238 of this between the antennas). chapter, Broadband Personal Commu- (6) Power Down. Consumer Signal nications Service, emission limitations Boosters must automatically power for Broadband PCS equipment; § 27.50 of down or cease amplification as they ap- this chapter, Miscellaneous Wireless proach any affected base station. Communications Services, power and (7) Interference Avoidance for Wireless antenna height limits; § 27.53 of this Subsystems. Consumer Signal Boosters chapter, Miscellaneous Wireless Com- using unlicensed (part 15 of this chap- munications Services, emission limits; ter) or other frequency bands for wire- § 90.205 of this chapter, Private Land less transmissions between donor and Mobile Radio Services, power and an- server subsystems for their internal op- tenna height limits; § 90.210 of this erations must employ interference chapter, Private Land Mobile Radio avoidance methods to prevent inter- Services, emission masks; and § 90.247 ference transmitted into authorized of this chapter, Private Land Mobile CMRS spectrum bands. Radio Services, mobile repeater sta- (8) Wideband Consumer Signal Boosters. tions. A Wideband Consumer Signal Booster (ii) In case of any conflict between will meet the Consumer Signal Booster the rules set forth in this section and Network Protection Standard if it the rules set forth in parts 22, 24, 27, complies with paragraphs (e)(1) and 90 of title 47, chapter I of the Code through (e)(7) of this section and the of Federal Regulations, the rules in following: this section shall govern. (i) Technical Requirements—(A) Noise (iii) The application for certification Limits. (1) The transmitted noise power must satisfy the Commission that the in dBm/MHz of consumer boosters at Consumer Signal Boosters’ features de- their uplink port shall not exceed ¥103 signed to prevent harmful interference dBm/MHz—RSSI. RSSI (received signal and protect wireless networks cannot strength indication expressed in nega- be easily defeated and must be enabled tive dB units relative to 1 mW) is the at all times. downlink composite received signal (3) Frequency Bands. Consumer Signal power in dBm at the booster donor port Boosters must be designed and manu- for all base stations in the band of op- factured such that they only operate eration. on the frequencies used for the provi- (2) The transmitted maximum noise sion of subscriber-based services under power in dBm/MHz of consumer boost- parts 22 (Cellular), 24 (Broadband PCS), ers at their uplink and downlink ports 27 (AWS–1, 700 MHz Lower A–E Blocks, shall not exceed the following limits: and 700 MHz Upper C Block), and 90 (i) Fixed booster maximum noise (Specialized Mobile Radio) of this chap- power shall not exceed ¥102.5 dBm/MHz ter. The Commission will not certifi- + 20 Log10 (Frequency), where Fre- cate any Consumer Signal Boosters for quency is the uplink mid-band fre- operation on part 90 of this chapter quency of the supported spectrum (Specialized Mobile Radio) frequencies bands in MHz. until the Commission releases a public (ii) Mobile booster maximum noise notice announcing the date Consumer power shall not exceed¥59 dBm/MHz. Signal Boosters may be used in the (iii) Compliance with Noise limits band. will use instrumentation calibrated in (4) Self-monitoring. Consumer Signal terms of RMS equivalent voltage, and Boosters must automatically self-mon- with booster input ports terminated or itor their operation to ensure compli- without input signals applied within ance with applicable noise and gain the band of measurement. limits and either self-correct or shut (B) Bidirectional Capability. Consumer down automatically if their operation Boosters must be able to provide equiv- exceeds those parameters. alent uplink and downlink gain and (5) Anti-oscillation. Consumer Signal conducted uplink power output that is Boosters must be able to detect and at least 0.05 watts. One-way consumer mitigate any unintended oscillations boosters (i.e., uplink only, downlink

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only, uplink impaired, downlink im- shall be at least 6 dB below the FCC’s paired) are prohibited. Spectrum block mobile emission limits for the sup- filtering may be used provided the ported bands of operation. Compliance uplink filter attenuation is not less to OOBE limits will utilize high peak- than the downlink filter attenuation, to-average CMRS signal types. and where RSSI is measured after spec- (F) Intermodulation Limits. The trans- trum block filtering is applied ref- mitted intermodulation products of a erenced to the booster’s input port for consumer booster at its uplink and each band of operation. downlink ports shall not exceed the (C) Booster Gain Limits. (1) The uplink power level of ¥19 dBm for the sup- gain in dB of a consumer booster ref- ported bands of operation. Compliance erenced to its input and output ports with intermodulation limits will use shall not exceed ¥34 dB—RSSI + boosters operating at maximum gain MSCL. and maximum rated output power, (i) Where RSSI is the downlink com- with two continuous wave (CW) input posite received signal power in dBm at signals spaced 600 kHz apart and cen- the booster donor port for all base sta- tered in the pass band of the booster, tions in the band of operation. RSSI is and with a 3 kHz measurement band- expressed in negative dB units relative width. to 1 mW. (G) Booster Antenna Kitting. All con- (ii) Where MSCL (Mobile Station sumer boosters must be sold with user Coupling Loss) is the minimum cou- manuals specifying all antennas and pling loss in dB between the wireless cables that meet the requirements of device and input port of the consumer this section. All consumer boosters booster. MSCL must be calculated or must be sold together with antennas, measured for each band of operation cables, and/or coupling devices that and provided in compliance test re- meet the requirements of this section. ports. The grantee is required to submit a (2) The uplink and downlink max- technical document with the applica- imum gain of a Consumer Booster ref- tion for FCC equipment authorization erenced to its input and output ports that shows compliance of all antennas, shall not exceed the following limits: cables and/or coupling devices with the (i) Fixed Booster maximum gain requirements of this section, including shall not exceed 6.5 dB + 20 Log10 (Fre- any antenna or equipment upgrade op- quency) tions that may be available at initial (ii) Where, Frequency is the uplink purchase or as a subsequent upgrade. mid-band frequency of the supported (H) Transmit Power Off Mode. When spectrum bands in MHz. the consumer booster cannot otherwise (iii) Mobile Booster maximum gain meet the noise and gain limits defined shall not exceed 50 dB when using an herein it must operate in ‘‘Transmit inside antenna (e.g., inside a vehicle), Power Off Mode.’’ In this mode of oper- 23 dB when using direct contact cou- ation, the uplink and downlink noise pling (e.g., cradle-type boosters), or 15 power shall not exceed ¥70 dBm/MHz dB when directly connected (e.g., and both uplink and downlink gain boosters with a physical connection to shall not exceed the lesser of 23 dB or the phone). MSCL. (D) Power Limits. A booster’s uplink (I) Uplink Inactivity. When a con- power must not exceed 1 watt com- sumer booster is not serving an active posite conducted power and equivalent device connection after 5 minutes the isotropic radiated power (EIRP) for uplink noise power shall not exceed each band of operation. Composite ¥70 dBm/MHz. downlink power shall not exceed 0.05 (ii) Interference Safeguards. Consumer watt (17 dBm) conducted and EIRP for boosters must include features to pre- each band of operation. Compliance vent harmful interference including, at with power limits will use instrumen- a minimum, those enumerated in this tation calibrated in terms of RMS subsection. These features may not be equivalent voltage. deactivated by the operator and must (E) Out of Band Emission Limits. be enabled and operating at all times Booster out of band emissions (OOBE) the signal booster is in use.

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(A) Anti-Oscillation. Consumer boost- the wireless device and booster’s server ers must be able to detect and mitigate port. MSCL must be calculated or (i.e., by automatic gain reduction or measured for each band of operation shut down), any oscillations in uplink and provided in compliance test re- and downlink bands. Oscillation detec- ports. tion and mitigation must occur auto- (2)(i) Fixed booster maximum matically within 0.3 seconds in the downlink noise power shall not exceed uplink band and within 1 second in the ¥102.5 dBm/MHz + 20 Log10 (Fre- downlink band. In cases where oscilla- quency), where Frequency is the uplink tion is detected, the booster must con- mid-band frequency of the supported tinue mitigation for at least one spectrum bands in MHz. minute before restarting. After five (ii) Mobile booster maximum noise such restarts, the booster must not re- power shall not exceed ¥59 dBm/MHz. sume operation until manually reset. (iii) Compliance with Noise limits (B) Gain Control. Consumer boosters will use instrumentation calibrated in must have automatic limiting control terms of RMS equivalent voltage, and to protect against excessive input sig- with booster input ports terminated or nals that would cause output power without input signals applied within and emissions in excess of that author- the band of measurement. ized by the Commission. (B) Bidirectional Capability. Consumer (C) Interference Avoidance for Wireless Boosters must be able to provide equiv- Subsystems. Consumer boosters using alent uplink and downlink gain and unlicensed (part 15) or other frequency conducted uplink power output that is bands for wireless transmissions be- at least 0.05 watts. One-way consumer tween donor and server subsystems for boosters (i.e., uplink only, downlink its internal operations must employ in- only, uplink impaired, downlink im- terference avoidance methods to pre- paired) are prohibited. Spectrum block vent interference transmitted into au- filtering used must provide uplink fil- thorized CMRS spectrum bands and ter attenuation not less than the must meet applicable limits for radio- downlink filter attenuation, and where frequency exposure. RSSI is measured after spectrum block (9) Provider-Specific Consumer Signal filtering is applied referenced to the Boosters. A Provider-Specific Consumer booster’s input port for each band of Signal Booster will meet the Consumer operation. Signal Booster Network Protection (C) Booster Gain Limits. The gain of Standard if it complies with para- the frequency selective consumer graphs (e)(1) through (e)(7) of this sec- booster shall meet the limits below. tion and the following: (1) The uplink and downlink gain in (i) Technical Requirements—(A) Noise dB of a frequency selective consumer Limits. The transmitted noise power in booster referenced to its input and out- dBm/MHz of frequency selective con- put ports shall not exceed BSCL¥28 sumer boosters outside the licensee’s dB¥(40 dB¥MSCL). spectrum blocks at their uplink and (i) Where BSCL is the coupling loss downlink ports shall not exceed the fol- between the booster’s donor port and lowing limits: the base station’s input port, and (1) ¥103 dBm/MHz¥RSSI MSCL is the minimum coupling loss in (i) Where RSSI is the downlink com- dB between the wireless device and the posite signal power received in dBm for booster’s server port. MSCL must be frequencies in the band of operation calculated or measured for each band outside the licensee’s spectrum block of operation and provided in compli- as measured after spectrum block fil- ance test reports. tering is applied and is referenced to (ii) In order of preference, BSCL is de- the booster’s donor port for each band termined as follows: determine path of operation. RSSI is expressed in nega- loss between the base station and the tive dB units relative to 1 mW. booster; such measurement shall be (ii) Boosters with MSCL less than 40 based on measuring the received for- dB, shall reduce the Noise output in (A) ward pilot/control channel power at the by 40 dB¥MSCL, where MSCL is the booster and reading the pilot/control minimum coupling loss in dB between channel transmit power from the base

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station as defined in the system infor- erenced to the gain in the center of the mation messages sent by the base sta- pass band of the booster: tion; estimate BSCL by assuming that (i) ¥20 dB at the band edge, where the base station is transmitting at a band edge is the end of the licensee’s level of + 25 dBm per channel (assume allocated spectrum, a small, lightly loaded cell) and meas- (ii) ¥30 dB at 1 MHz offset from band uring the total received signal power edge, level within the channel in dBm (iii) ¥40 dB at 5 MHz offset from band (RPCH) received at the booster input edge. port. BSCL is then calculated as 25– (2) A frequency selective booster hav- RPCH; or assume that the BSCL is 70 ing maximum gain greater than 80 dB dB without performing any measure- (referenced to the center of the pass ment. band) shall limit the out of band gain (2) The uplink and downlink max- to 60 dB at 0.2 MHz offset from the band imum gain of a frequency selective edge, and 45 dB at 1 MHz offset from consumer booster referenced to its the band edge, where band edge is the input and output ports shall not exceed end of the licensee’s allocated spec- the following limits: trum. (i) Fixed Booster maximum gain (F) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall not exceed 19.5 dB + 20 Log10 (Fre- quency), or 100 dB for systems having shall meet the FCC’s mobile emission automatic gain adjustment based on limits for the supported bands of oper- isolation measurements between boost- ation. Compliance to OOBE limits will er donor and server antennas. utilize high peak-to-average CMRS signal types. (ii) Where, Frequency is the uplink (G) Intermodulation Limits. The trans- mid-band frequency of the supported mitted intermodulation products of a spectrum bands in MHz. consumer booster at its uplink and (iii) Mobile Booster maximum gain downlink ports shall not exceed the shall not exceed 15 dB when directly power level of ¥19 dBm for the sup- connected (e.g., boosters with a phys- ported bands of operation. Compliance ical connection to the subscriber de- with intermodulation limits will use vice), 23 dB when using direct contact boosters operating at maximum gain coupling (e.g., cradle-type boosters), or and maximum rated output power, 50 dB when using an inside antenna with two continuous wave (CW) input (e.g., inside a vehicle). For systems signals spaced 600 kHz apart and cen- using an inside antenna that have tered in the pass band of the booster, automatic gain adjustment based on and with a 3 kHz measurement band- isolation measurements between boost- width. er donor and server antenna and auto- (H) Booster Antenna Kitting. All con- matic feedback cancellation, the mo- sumer boosters must be sold with user bile booster maximum gain shall not manuals specifying all antennas and exceed 58 dB and 65 dB for frequencies cables that meet the requirements of below and above 1 GHz, respectively. this section. All consumer boosters (D) Power Limits. A booster’s uplink must be sold together with antennas, power must not exceed 1 watt com- cables, and/or coupling devices that posite conducted power and equivalent meet the requirements of this section. isotropic radiated power (EIRP) for The grantee is required to submit a each band of operation. Downlink technical document with the applica- power shall not exceed 0.05 watt (17 tion for FCC equipment authorization dBm) composite and 10 dBm per chan- that shows compliance of all antennas, nel conducted and EIRP for each band cables, and/or coupling devices with the of operation. Compliance with power requirements of this section, including limits will use instrumentation cali- any antenna or equipment upgrade op- brated in terms of RMS equivalent tions that may be available at initial voltage. purchase or as a subsequent upgrade. (E) Out of Band Gain Limits. (1) A fre- (I) Transmit Power Off Mode. When quency selective booster shall have the the consumer booster cannot otherwise following minimum attenuation ref- meet the noise and gain limits defined

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herein it must operate in ‘‘Transmit tributors, and retailers must ensure Power OFF Mode.’’ In this mode of op- that all signal boosters marketed on or eration, the uplink and downlink noise after March 1, 2014 include the fol- power shall not exceed ¥70 dBm/MHz lowing advisories: and uplink gain shall not exceed the (i) In on-line, point-of-sale marketing lesser of 23 dB or MSCL. materials, (J) Uplink Inactivity. When a con- (ii) In any print or on-line owner’s sumer booster is not serving an active manual and installation instructions, device connection after 5 seconds the (iii) On the outside packaging of the uplink noise power shall not exceed device, and ¥ 70 dBm/MHz. (iv) On a label affixed to the device: (ii) Interference Safeguards. Consumer (A) For Consumer Signal Boosters: boosters must include features to prevent harmful interference including, at (1) This is a CONSUMER device. a minimum, those enumerated in this BEFORE USE, you MUST REGISTER subsection. These features may not be THIS DEVICE with your wireless provider deactivated by the operator and must and have your provider’s consent. Most wire- be enabled and operating at all times less providers consent to the use of signal the signal booster is in use. boosters. Some providers may not consent to (A) Anti-Oscillation. Consumer boost- the use of this device on their network. If ers must be able to detect and mitigate you are unsure, contact your provider. You MUST operate this device with ap- (i.e., by automatic gain reduction or proved antennas and cables as specified by shut down), any oscillations in uplink the manufacturer. Antennas MUST be in- and downlink bands. Oscillation detec- stalled at least 20 cm (8 inches) from any per- tion and mitigation must occur auto- son. matically within 0.3 seconds in the You MUST cease operating this device im- uplink band and within 1 second in the mediately if requested by the FCC or a li- downlink band. In cases where oscilla- censed wireless service provider. tion is detected, the booster must con- WARNING. E911 location information may tinue mitigation for at least one not be provided or may be inaccurate for minute before restarting. After five calls served by using this device. such restarts, the booster must not re- (2) The label for Consumer Signal Boosters certified for fixed indoor operation also must sume operation until manually reset. include the following language: (B) Gain Control. Consumer boosters This device may be operated ONLY in a must have automatic limiting control fixed location for in-building use. to protect against excessive input signals that would cause output power (B) For Industrial Signal Boosters: and emissions in excess of that author- WARNING. This is NOT a CONSUMER de- ized by the Commission. vice. It is designed for installation by FCC (C) Interference Avoidance for Wireless LICENSEES and QUALIFIED INSTALLERS. Subsystems. Consumer boosters using You MUST have an FCC LICENSE or express unlicensed (part 15) or other frequency consent of an FCC Licensee to operate this bands for wireless transmissions be- device. Unauthorized use may result in sig- tween donor and server subsystems for nificant forfeiture penalties, including penalties in excess of $100,000 for each con- its internal operations must employ in- tinuing violation. terference avoidance methods to prevent interference transmitted into au- (2) A Consumer Signal Booster label thorized CMRS spectrum bands. may contain an acknowledgement that (10) Equivalent Protections. Consumer particular provider(s) have given their Signal Boosters which do not meet the consent for all consumers to use the technical specifications enumerated in device. Such an acknowledgement paragraphs (e)(1) through (e)(9) of this would be inserted prior to, ‘‘Some wire- section may also meet the Network less providers may not consent to the Protection Standard if they provide use of this device on their network. If equivalent protections as determined you are unsure, contact your pro- by the Wireless Telecommunications vider.’’ The remaining language of the Bureau. advisory shall remain the same. (f) Signal booster labeling requirements. (g) Marketing and sale of signal boost- (1) Signal booster manufacturers, dis- ers. Except as provided in § 2.803 of this

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chapter, no person, manufacturer, dis- partial ownership and other interests tributor, or retailer may market, dis- in spectrum holdings for purposes of: tribute or offer for sale or lease any (i) Applying a mobile spectrum hold- Consumer Signal Booster that does not ing limit to the licensing of spectrum comply with the requirements of this through competitive bidding; and section to any person in the United (ii) Applying the initial spectrum States or to any person intending to screen to secondary market trans- operate the Consumer Signal Booster actions. within the United States at any time (2) Controlling interests shall be attrib- on or after March 1, 2014. Consumer utable. Controlling interest means ma- Signal Boosters may only be sold to jority voting equity ownership, any members of the general public for their general partnership interest, or any personal use. means of actual working control (in- (h) Registration. Each licensee con- cluding negative control) over the op- senting to the operation of a Consumer eration of the licensee, in whatever Signal Booster must establish a free manner exercised. registration mechanism for subscribers (3) Non-controlling interests of 10 per- and register all Consumer Signal cent or more in spectrum shall be attrib- Boosters to which it consents. A li- utable. Interests of less than 10 percent censee must establish a registration in spectrum shall be attributable if mechanism by the later of March 1, such interest confers de facto control, 2014 or within 90 days of consenting to including but not limited to partner- the operation of a Consumer Signal ship and other ownership interests and Booster. At a minimum, a licensee any stock interest in a licensee. must collect: (4) The following interests in spec- (1) The name of the Consumer Signal trum shall also be attributable to hold- Booster owner and/or operator, if dif- ers: ferent individuals; (i) Officers and directors of a licensee (2) The make, model, and serial num- shall be considered to have an attrib- ber of the device; utable interest in the entity with (3) The location of the device; and which they are so associated. The offi- (4) The date of initial operation. Li- cers and directors of an entity that censee consent is voluntary and may be controls a licensee or applicant shall withdrawn at the licensee’s discretion. be considered to have an attributable interest in the licensee. [78 FR 21559, Apr. 11, 2013, as amended at 79 (ii) Ownership interests that are held FR 70795, Nov. 28, 2014] indirectly by any party through one or more intervening corporations will be § 20.22 Rules governing mobile spec- determined by successive multiplica- trum holdings. tion of the ownership percentages for (a) Applicants for mobile wireless li- each link in the vertical ownership censes for commercial use, for assign- chain and application of the relevant ment or transfer of control of such li- attribution benchmark to the resulting censes, or for long-term de facto trans- product, except that if the ownership fer leasing arrangements as defined in percentage for an interest in any link § 1.9003 of this chapter and long-term in the chain exceeds 50 percent or rep- spectrum manager leasing arrange- resents actual control, it shall be ments as identified in § 1.9020(e)(1)(ii) treated as if it were a 100 percent inter- must demonstrate that the public in- est. (For example, if A owns 20% of B, terest, convenience, and necessity will and B owns 40% of licensee C, then A’s be served thereby. The Commission interest in licensee C would be 8%. If A will evaluate any such license applica- owns 20% of B, and B owns 51% of li- tion consistent with the policies set censee C, then A’s interest in licensee forth in Policies Regarding Mobile C would be 20% because B’s ownership Spectrum Holdings, Report and Order, of C exceeds 50%). FCC 14–63, WT Docket No. 12–269, (iii) Any person who manages the op- adopted May 15, 2014. erations of a licensee pursuant to a (b) Attribution of interests. (1) The fol- management agreement shall be con- lowing criteria will apply to attribute sidered to have an attributable interest

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in such licensee if such person, or its fied bidders who do not hold an attrib- affiliate, has authority to make deci- utable interest in 45 megahertz or more sions or otherwise engage in practices of the total 134 megahertz of below-1- or activities that determine, or signifi- GHz spectrum which consists of the cantly influence, the nature or types of cellular (50 megahertz), the 700 MHz (70 services offered by such licensee, the megahertz), and the SMR (14 mega- terms upon which such services are of- hertz) spectrum in a Partial Economic fered, or the prices charged for such Area (PEA), as calculated on a county services. by county population-weighted basis, (iv) Any licensee or its affiliate who utilizing 2010 U.S. Census data. The enters into a joint marketing arrange- amount of reserved and unreserved 600 ment with another licensee or its affil- MHz Band licenses will be determined iate shall be considered to have an at- based on the market-based spectrum tributable interest in the other licens- reserve set forth in Policies Regarding ee’s holdings if it has authority to Mobile Spectrum Holdings, Report and make decisions or otherwise engage in Order, FCC 14–63, WT Docket No. 12–269, practices or activities that determine adopted May 15, 2014, as well as subse- or significantly influence the nature or quent Public Notices. Nothing in this types of services offered by the other paragraph will limit, or may be con- licensee, the terms upon which such strued to limit, an otherwise qualified services are offered, or the prices bidder that is a non-nationwide pro- charged for such services. vider of mobile wireless services from (v) Limited partnership interests bidding on any reserved or unreserved shall be attributed to limited partners license offered in the Incentive Auc- and shall be calculated according to tion. both the percentage of equity paid in (2) For a period of six years, after ini- and the percentage of distribution of tial licensing, no 600 MHz Band license, profits and losses. regardless of whether it is reserved or (vi) Debt and instruments such as unreserved, may be transferred, as- warrants, convertible debentures, op- signed, partitioned, disaggregated, or tions, or other interests (except non- long term leased to any entity that, voting stock) with rights of conversion after consummation of the transfer, as- to voting interests shall not be attrib- signment, or leased on a long term uted unless and until converted or un- basis, would hold an attributable inter- less the Commission determines that est in one-third or more of the total these interests confer de facto control. suitable and available below-1-GHz (5) The following interests shall be spectrum as calculated on a county by attributable to holders, except to les- county population-weighted basis in sees and sublessees for the purpose of the relevant license area, utilizing 2010 qualifying to bid on reserved licenses U.S. Census data. offered in the Incentive Auction, dis- (3) For a period of six years, after ini- cussed in paragraph (c) of this section, tial licensing, no 600 MHz Band re- on the basis of status as a non-nation- served license may be transferred, as- wide provider: signed, partitioned, disaggregated, or (i) Long-term de facto transfer leas- leased on a long term basis to an entity ing arrangements as defined in § 1.9003 that was not qualified to bid on that of this chapter and long-term spectrum reserved spectrum license under para- manager leasing arrangements as iden- graph (c)(1) of this section at the time tified in § 1.9020(e)(1)(ii) that enable of the Incentive Auction short-form ap- commercial use shall be attributable to plication deadline. lessees, lessors, sublessees, and subles- [79 FR 40002, July 11, 2014, as amended at 80 sors for purposes of this section. FR 61970, Oct. 14, 2015] (ii) [Reserved] (c) 600 MHz Band holdings. (1) The Commission will reserve licenses for up PART 22—PUBLIC MOBILE SERVICES to 30 megahertz of the 600 MHz Band, offered in the Incentive Auction au- Subpart A—Scope and Authority thorized by Congress pursuant to 47 Sec. U.S.C. 309(j)(8)(G), for otherwise quali- 22.1 Basis and purpose.

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22.3 Authorization required. Subpart E—Paging and Radiotelephone 22.5 Citizenship. Service 22.7 General eligibility. 22.9 Operation of certificated signal boost- 22.501 Scope. ers. 22.503 Paging geographic area authoriza- 22.99 Definitions. tions. 22.507 Number of transmitters per station. Subpart B—Licensing Requirements and 22.509 Procedures for mutually exclusive ap- Procedures plications in the Paging and Radio- telephone Service. APPLICATIONS AND NOTIFICATIONS 22.511 Construction period for the Paging 22.107 General application requirements. and Radiotelephone Service. 22.131 Procedures for mutually exclusive ap- 22.513 Partitioning and disaggregation. plications. 22.515 Permissible communications paths. 22.143 Construction prior to grant of appli- 22.527 Signal boosters. cation. 22.529 Application requirements for the 22.150 Standard pre-filing technical coordi- Paging and Radiotelephone Service. nation procedure. 22.165 Additional transmitters for existing PAGING OPERATION systems. 22.169 Internal coordination of channel as- 22.531 Channels for paging operation. signments. 22.535 Effective radiated power limits. 22.537 Technical channel assignment cri- COMPETITIVE BIDDING PROCEDURES teria. 22.559 Paging application requirements. 22.201 Paging geographic area authorizations are subject to competitive bidding. ONE-WAY OR TWO-WAY MOBILE OPERATION 22.203–22.211 [Reserved] 22.213 Filing of Long-form applications. 22.561 Channels for one-way or two-way mo- 22.215 [Reserved] bile operation. 22.217 Bidding credits for small businesses. 22.565 Transmitting power limits. 22.221 Eligibility for partitioned licenses. 22.567 Technical channel assignment cri- 22.223 Designated entities. teria. 22.225 Certifications, disclosures, records 22.571 Responsibility for mobile stations. maintenance, and definitions. 22.573 Use of base transmitters as repeaters. 22.227 Petitions to deny and limitations on 22.575 Use of mobile channel for remote con- settlements. trol of station functions. 22.229 Designated entities. 22.579 Operation of mobile transmitters across U.S.-Canada border. Subpart C—Operational and Technical 22.589 One-way or two-way application re- Requirements quirements.

OPERATIONAL REQUIREMENTS POINT-TO-POINT OPERATION 22.301 Station inspection. 22.591 Channels for point-to-point oper- 22.303 Retention of station authorizations; ation. identifying transmitters. 22.593 Effective radiated power limits. 22.305 Operator and maintenance require- 22.601 Existing microwave stations licensed ments. under this part. 22.307 Operation during emergency. 22.602 Transition of the 2110–2130 and 2160– 22.313 Station identification. 2180 MHz channels to emerging tech- 22.317 Discontinuance of station operation. nologies. 22.321 Equal employment opportunities. 22.603 488–494 MHz fixed service in Hawaii. 22.325 Control points. POINT-TO-MULTIPOINT OPERATION TECHNICAL REQUIREMENTS 22.621 Channels for point-to-multipoint op- 22.351 Channel assignment policy. eration. 22.352 Protection from interference. 22.623 System configuration. 22.353 Blanketing interference. 22.625 Transmitter locations. 22.355 Frequency tolerance. 22.627 Effective radiated power limits. 22.357 Emission types. 22.359 Emission limitations. 470–512 MHZ TRUNKED MOBILE OPERATION 22.365 Antenna structures; air navigation safety. 22.651 470–512 MHz channels for trunked mo- 22.377 Certification of transmitters. bile operation. 22.383 In-building radiation systems. 22.653 Eligibility. 22.657 Transmitter locations. Subpart D [Reserved] 22.659 Effective radiated power limits. 48

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Subpart F—Rural Radiotelephone Service 22.867 Effective radiated power limits. 22.873 Construction requirements for com- 22.701 Scope. mercial aviation air-ground systems. 22.702 Eligibility. 22.877 Unacceptable interference to part 90 22.703 Separate rural subscriber station au- non-cellular 800 MHz licensees from com- thorization not required. mercial aviation air-ground systems. 22.705 Rural radiotelephone system configu- 22.878 Obligation to abate unacceptable in- ration. terference. 22.709 Rural radiotelephone service applica- 22.879 Interference resolution procedures. tion requirements. 22.880 Information exchange. 22.711 Provision of information to appli- 22.881 Air-Ground Radiotelephone Service cants. subject to competitive bidding. 22.713 Construction period for rural radio- 22.882 Designated entities. telephone stations. 22.715 Technical channel assignment cri- Subpart H—Cellular Radiotelephone teria for rural radiotelephone stations. Service 22.717 Procedure for mutually exclusive applications in the Rural Radiotelephone 22.900 Scope. Service. 22.901 Cellular service requirements and 22.719 Additional channel policy for rural limitations. radiotelephone stations. 22.905 Channels for cellular service. 22.907 Coordination of channel usage. CONVENTIONAL RURAL RADIOTELEPHONE 22.909 Cellular markets. STATIONS 22.911 Cellular geographic service area. 22.721 Geographic area authorizations. 22.912 Service area boundary extensions. 22.723 Secondary site-by-site authoriza- 22.913 Effective radiated power limits. tions. 22.917 Emission limitations for cellular 22.725 Channels for conventional rural ra- equipment. diotelephone stations and basic exchange 22.921 911 Call processing procedures; 911- telephone radio systems. only calling mode. 22.727 Power limits for conventional rural 22.923 Cellular system configuration. radiotelephone transmitters. 22.925 Prohibition on airborne operation of 22.731 Emission limitations. cellular telephones. 22.733 Priority of service. 22.927 Responsibility for mobile stations. 22.737 Temporary fixed stations. 22.929 [Reserved] 22.935 Procedures for comparative renewal BASIC EXCHANGE TELEPHONE RADIO SYSTEMS proceedings. 22.757 Channels for basic exchange tele- 22.936 Dismissal of applications in cellular phone radio systems. renewal proceedings. 22.759 Power limit for BETRS. 22.939 Site availability requirements for applications competing with cellular re- Subpart G—Air-Ground Radiotelephone newal applications. Service 22.940 Criteria for comparative cellular renewal proceedings. 22.801 Scope. 22.943 Limitations on transfer of control and assignment for authorizations issued GENERAL AVIATION AIR-GROUND STATIONS as a result of a comparative renewal pro- 22.805 Channels for general aviation air- ceeding. ground service. 22.946 Construction period for Unserved 22.807 General aviation air-ground station Area authorizations. application requirements. 22.947 [Reserved] 22.809 Transmitting power limits. 22.948 Geographic partitioning and spec- 22.813 Technical channel pair assignment trum disaggregation; spectrum leasing. criteria. 22.949 Unserved Area licensing; minimum 22.815 Construction period for general avia- coverage requirements. tion ground stations. 22.950 Provision of service in the Gulf of 22.817 Additional channel policies. Mexico Service Area (GMSA). 22.951 [Reserved] COMMERCIAL AVIATION AIR-GROUND SYSTEMS 22.953 Content and form of applications for 22.853 Eligibility to hold interest in licenses Cellular Unserved Area authorizations. limited to 3 MHz of spectrum. 22.955 Canadian condition. 22.857 Frequency bands. 22.957 Mexican condition. 22.859 Incumbent commercial aviation air- 22.959 Rules governing processing of appli- ground systems. cations for initial systems. 22.861 Emission limitations. 22.960 Cellular operations in the Chambers, 22.863 Frequency stability. TX CMA (CMA672–A).

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22.961 Cellular licenses subject to competi- terms, conditions and period specified tive bidding. in the authorization. Authorizations 22.962–22.969 [Reserved] may be granted upon proper applica- 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees from cel- tion, provided that the FCC finds that lular radiotelephone or part 90–800 MHz the applicant is qualified in regard to cellular systems. citizenship, character, financial, tech- 22.971 Obligation to abate unacceptable in- nical and other criteria, and that the terference. public interest, convenience and neces- 22.972 Interference resolution procedures. sity will be served. See 47 U.S.C. 301, 22.973 Information exchange. 308, and 309. 22.983 Field strength limit. (b) Authority for subscribers to oper- Subpart I—Offshore Radiotelephone ate mobile or fixed stations in the Pub- Service lic Mobile Services, except for certain stations in the Rural Radiotelephone 22.1001 Scope. Service, is included in the authoriza- 22.1003 Eligibility. tion held by the licensee providing 22.1005 Priority of service. 22.1007 Channels for offshore radiotelephone service to them. Subscribers are not re- systems. quired to apply for, and the FCC does 22.1009 Transmitter locations. not accept applications from sub- 22.1011 Antenna height limitations. scribers for, individual mobile or fixed 22.1013 Effective radiated power limitations. station authorizations in the Public 22.1015 Repeater operation. Mobile Services, except that individual 22.1025 Permissible communications. 22.1031 Temporary fixed stations. authorizations are required to operate 22.1035 Construction period. rural subscriber stations in the Rural 22.1037 Application requirements for off- Radiotelephone Service under certain shore stations. circumstances. See § 22.703. AUTHORITY: 47 U.S.C. 154, 222, 303, 309, and [59 FR 59507, Nov. 17, 1994, as amended at 70 332. FR 19307, Apr. 13, 2005] SOURCE: 59 FR 59507, Nov. 17, 1994, unless otherwise noted. § 22.5 Citizenship. The rules in this section implement Subpart A—Scope and Authority section 310 of the Communications Act of 1934, as amended (47 U.S.C. § 310), in § 22.1 Basis and purpose. regard to the citizenship of licensees in This section contains a concise gen- the Public Mobile Services. eral statement of the basis and purpose (a) Foreign governments. The FCC will of the rules in this part, pursuant to 5 not grant an authorization in the Pub- U.S.C. 553(c). lic Mobile Services to any foreign gov- (a) Basis. These rules are issued pur- ernment or any representative thereof. suant to the Communications Act of (b) Alien ownership or control. The 1934, as amended, 47 U.S.C. 151 et. seq. FCC will not grant an authorization in (b) Purpose. The purpose of these the Public Mobile Services to: rules is to establish the requirements (1) Any alien or the representative of and conditions under which radio sta- any alien; tions may be licensed and used in the (2) Any corporation organized under Public Mobile Services. the laws of any foreign government; [59 FR 59507, Nov. 17, 1994, as amended at 70 (3) Any corporation of which more FR 19307, Apr. 13, 2005] than one-fifth of the capital stock is owned of record or voted by aliens or § 22.3 Authorization required. their representatives or by a foreign Stations in the Public Mobile Serv- government or representative thereof, ices must be used and operated only in or by any corporation organized under accordance with the rules in this part the laws of a foreign country; and with a valid authorization granted (4) Any corporation directly or indi- by the FCC under the provisions of this rectly controlled by any other corpora- part. tion of which more than one-fourth of (a) The holding of an authorization the capital stock is owned of record or does not create any rights beyond the voted by aliens, their representatives,

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or by a foreign government or rep- Authorized bandwidth. The necessary resentative thereof, or by any corpora- or occupied bandwidth of an emission, tion organized under the laws of a for- whichever is more. eign country, if the FCC finds that the Authorized spectrum. The spectral public interest will be served by the re- width of that portion of the electro- fusal or revocation of such license. magnetic spectrum within which the emission power of the authorized trans- [59 FR 59507, Nov. 17, 1994, as amended at 61 FR 55580, Oct. 28, 1996] mitter(s) must be contained, in accordance with the rules in this part. The § 22.7 General eligibility. authorized spectrum comprises one channel bandwidth or the bandwidths Any entity, other than those pre- of two or more contiguous channels. cluded by section 310 of the Commu- Auxiliary test transmitter. A fixed nications Act of 1934, as amended, 47 transmitter used to test Public Mobile U.S.C. 310, is eligible to hold a license systems. under this part. Applications are grant- Base transmitter. A stationary trans- ed only if the applicant is legally, fi- mitter that provides radio tele- nancially, technically and otherwise communications service to mobile and/ qualified to render the proposed serv- or fixed receivers, including those asso- ice. ciated with mobile stations. [70 FR 19307, Apr. 13, 2005] Blanketing interference. Disturbance in consumer receivers located in the § 22.9 Operation of certificated signal immediate vicinity of a transmitter, boosters. caused by currents directly induced Individuals and non-individuals may into the consumer receiver’s circuitry operate certificated Consumer Signal by the relatively high field strength of Boosters on frequencies regulated the transmitter. under this part provided that such op- Cardinal radials. Eight imaginary eration complies with all applicable straight lines extending radially on the rules under this part and § 20.21 of this ground from an antenna location in the chapter. Failure to comply with all ap- following azimuths with respect to true plicable rules voids the authority to North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, operate a signal booster. 315°. Carrier frequency. The frequency of [78 FR 21563, Apr. 11, 2013] the unmodulated electrical wave at the output of an amplitude modulated § 22.99 Definitions. (AM), frequency modulated (FM) or Terms used in this part have the fol- phase modulated (PM) transmitter. lowing meanings: Cell. The service area of an individual Air-Ground Radiotelephone Service. A transmitter location in a cellular sys- radio service in which licensees are au- tem. thorized to offer and provide radio tele- Cellular Geographic Service Area communications service for hire to (CGSA). The licensed geographic area subscribers in aircraft. within which a Cellular system is enti- Airborne station. A mobile station in tled to protection and adverse effects the Air-Ground Radiotelephone Service are recognized, for the purpose of de- authorized for use on aircraft while in termining whether a petitioner has flight or on the ground. standing, in the Cellular Radio- Antenna structure. A structure com- telephone Service, and within which prising an antenna, the tower or other the Cellular licensee is permitted to structure that exists solely to support transmit, or consent to allow other antennas, and any surmounting appur- Cellular licensees to transmit, electro- tenances (attachments such as beacons magnetic energy and signals on the as- or lightning rods). signed channel block, in order to pro- Antenna. A device that converts radio vide Cellular service. See § 22.911. frequency electrical energy to radiated Cellular Market Area (CMA). A stand- electromagnetic energy and vice versa; ard geographic area used by the FCC in a transmitting station, the device for administrative convenience in the from which radio waves are emitted. licensing of Cellular systems; a more

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recent term for ‘‘Cellular market’’ (and part, within which 99% of the emission includes Metropolitan Statistical power must be contained. Areas (MSAs) and Rural Service Areas Channel block. A group of channels (RSAs)). See § 22.909. that are assigned together, not individ- Cellular markets. This term is obsoles- ually. cent. See definition for ‘‘Cellular Mar- Channel pair. Two channels that are ket Area (CMA).’’ assigned together, not individually. In Cellular Radiotelephone Service. A this part, channel pairs are indicated radio service in which licensees are au- by an ellipsis between the center fre- thorized to offer and provide cellular quencies. service for hire to the general public. Communications channel. In the Cel- This service was formerly titled Do- lular Radiotelephone and Air-Ground mestic Public Cellular Radio Tele- Radiotelephone Services, a channel communications Service. used to carry subscriber communica- Cellular repeater. In the Cellular Ra- tions. diotelephone Service, a stationary Construction period. The period be- transmitter or device that automati- tween the date of grant of an author- cally re-radiates the transmissions of ization and the date of required com- base transmitters at a particular cell mencement of service. site and mobile stations commu- Control channel. In the Cellular Ra- nicating with those base transmitters, diotelephone Service and the Air- with or without channel translation. Ground Radiotelephone Service, a Cellular service. Radio telecommuni- channel used to transmit information cation services provided using a cel- necessary to establish or maintain lular system. communications. In the other Public Cellular system. An automated high- Mobile Services, a channel that may be capacity system of one or more multi- assigned to a control transmitter. channel base stations designed to pro- Control point. A location where the vide radio telecommunication services operation of a public mobile station is to mobile stations over a wide area in supervised and controlled by the li- a spectrally efficient manner. Cellular censee of that station. systems employ techniques such as low Control transmitter. A fixed trans- transmitting power and automatic mitter in the Public Mobile Services hand-off between base stations of com- that transmits control signals to one munications in progress to enable or more base or fixed stations for the channels to be reused at relatively purpose of controlling the operation of short distances. Cellular systems may the base or fixed stations, and/or trans- also employ digital techniques such as mits subscriber communications to one voice encoding and decoding, data com- or more base or fixed stations that re- pression, error correction, and time or transmit them to subscribers. code division multiple access in order Dead spots. Small areas within a serv- to increase system capacity. ice area where the field strength is Center frequency. The frequency of lower than the minimum level for reli- the middle of the bandwidth of a chan- able service. Service within dead spots nel. is presumed. Central office transmitter. A fixed Dispatch service. A radiotelephone transmitter in the Rural Radio- service comprising communications be- telephone Service that provides service tween a dispatcher and one or more to rural subscriber stations. mobile units. These communications CGSA. See Cellular Geographic Service normally do not exceed one minute in Area. duration and are transmitted directly Channel. The portion of the electro- through a base station, without passing magnetic spectrum assigned by the through mobile telephone switching fa- FCC for one emission. In certain cir- cilities. cumstances, however, more than one Effective radiated power (ERP). The ef- emission may be transmitted on a fective radiated power of a transmitter channel. (with antenna, transmission line, Channel bandwidth. The spectral duplexers etc.) is the power that would width of a channel, as specified in this be necessary at the input terminals of

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a reference half-wave dipole antenna in Frequency. The number of cycles oc- order to produce the same maximum curring per second of an electrical or field intensity. ERP is usually cal- electromagnetic wave; a number rep- culated by multiplying the measured resenting a specific point in the elec- transmitter output power by the speci- tromagnetic spectrum. fied antenna system gain, relative to a Ground station. In the Air-Ground Ra- half-wave dipole, in the direction of in- diotelephone Service, a stationary terest. transmitter that provides service to Emission. The electromagnetic energy airborne mobile stations. radiated from an antenna. Gulf of Mexico Service Area (GMSA). An internation- Emission designator. The cellular market comprising the ally accepted symbol for describing an water area of the Gulf of Mexico bound- emission in terms of its bandwidth and ed on the West, North and East by the the characteristics of its modulation, if coastline. Coastline, for this purpose, any. See § 2.201 of this chapter for details. means the line of ordinary low water Emission mask. The design limits im- along that portion of the coast which is posed, as a condition or certification, in direct contact with the open sea, on the mean power of emissions as a and the line marking the seaward limit function of frequency both within the of inland waters. Inland waters include authorized bandwidth and in the adja- bays, historic inland waters and waters cent spectrum. circumscribed by a fringe of islands Equivalent isotropically radiated power within the immediate vicinity of the (EIRP). The equivalent isotropically shoreline. radiated power of a transmitter (with Height above average terrain (HAAT). antenna, transmission line, duplexers The height of an antenna above the av- etc.) is the power that would be nec- erage elevation of the surrounding essary at the input terminals of a ref- area. erence isotropic radiator in order to In-building radiation systems. Supple- produce the same maximum field in- mentary systems comprising low power tensity. An isotropic radiator is a theo- transmitters, receivers, indoor anten- retical lossless point source of radi- nas and/or leaky coaxial cable radiation with unity gain in all directions. ators, designed to improve service reli- EIRP is usually calculated by multi- ability inside buildings or structures plying the measured transmitter out- located within the service areas of sta- put power by the specified antenna sys- tions in the Public Mobile Services. tem gain, relative to an isotropic radi- Initial cellular applications. Applica- ator, in the direction of interest. tions for authority to construct and Extension. In the Cellular Radio- operate a new cellular system, exclud- telephone Service, an area within the ing applications for interim operating service area boundary (calculated authority. using the methodology of § 22.911) of a Interfering contour. The locus of Cellular system but outside the li- points surrounding a transmitter censed Cellular Geographic Service where the predicted median field Area boundary. See §§ 22.911 and 22.912. Facsimile service. Transmission of still strength of the signal from that trans- images from one place to another by mitter is the maximum field strength means of radio. that is not considered to cause inter- Fill-in transmitters. Transmitters ference at the service contour of an- added to a station, in the same area other transmitter. and transmitting on the same channel Interoffice transmitter. A fixed trans- or channel block as previously author- mitter in the Rural Radiotelephone ized transmitters, that do not expand Service that communicates with other the existing service area, but are estab- interoffice transmitters for the purpose lished for the purpose of improving re- of interconnecting rural central of- ception in dead spots. fices. Fixed transmitter. A stationary trans- Mobile station. One or more transmit- mitter that communicates with other ters that are capable of operation while stationary transmitters. in motion.

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Necessary bandwidth. The calculated nel stations of other licensees in ad- spectral width of an emission. Calcula- joining paging geographic areas. tions are made using procedures set Paging geographic areas. Standard ge- forth in part 2 of this chapter. The ographic areas used by the FCC for ad- bandwidth so calculated is considered ministrative convenience in the licens- to be the minimum necessary to con- ing of stations to operate on channels vey information at the desired rate allocated for assignment in the Paging with the desired accuracy. and Radiotelephone Service. See Occupied bandwidth. The measured § 22.503(b). spectral width of an emission. The Paging and Radiotelephone Service. A measurement determines occupied radio service in which common carriers bandwidth as the difference between are authorized to offer and provide pag- upper and lower frequencies where 0.5% ing and radiotelephone service for hire of the emission power is above the to the general public. This service was upper frequency and 0.5% of the emis- formerly titled Public Land Mobile sion power is below the lower fre- Service. quency. Paging service. Transmission of coded Offshore central transmitter. A fixed radio signals for the purpose of acti- transmitter in the Offshore Radio- vating specific pagers; such trans- telephone Service that provides service missions may include messages and/or to offshore subscriber stations. sounds. Offshore Radiotelephone Service. A Public Mobile Services. Radio services radio service in which licensees are au- in which licensees are authorized to thorized to offer and provide radio tele- offer and provide mobile and related communication services for hire to fixed radio telecommunication services subscribers on structures in the off- for hire to the public. shore coastal waters of the Gulf of Radio telecommunication services. Com- Mexico. munication services provided by the One or Offshore subscriber station. use of radio, including radiotelephone, more fixed and/or mobile transmitters radiotelegraph, paging and facsimile in the Offshore Radiotelephone Service service. that receive service from offshore cen- Radiotelegraph service. Transmission tral transmitters. of messages from one place to another Pager. A small radio receiver de- by means of radio. signed to be carried by a person and to give an aural, visual or tactile indica- Radiotelephone service. Transmission tion when activated by the reception of of sound from one place to another by a radio signal containing its specific means of radio. code. It may also reproduce sounds and/ Repeater. A fixed transmitter that re- or display messages that were also transmits the signals of other stations. transmitted. Some pagers also trans- Roamer. A mobile station receiving mit a radio signal acknowledging that service from a station or system in the a message has been received. Public Mobile Services other than one Paging geographic area authorization. to which it is a subscriber. An authorization conveying the exclu- Rural Radiotelephone Service. A radio sive right to establish and expand one service in which licensees are author- or more stations throughout a paging ized to offer and provide radio tele- geographic area or, in the case of a par- communication services for hire to titioned geographic area, throughout a subscribers in areas where it is not fea- specified portion of a paging geo- sible to provide communication serv- graphic area, on a specified channel al- ices by wire or other means. located for assignment in the Paging Rural subscriber station. One or more and Radiotelephone Service. These are fixed transmitters in the Rural Radio- subject to the conditions that no inter- telephone Service that receive service ference may be caused to existing co- from central office transmitters. channel stations operated by other li- Service area. The geographic area con- censees within the paging geographic sidered by the FCC to be reliably area and that no interference may be served by a station in the Public Mo- caused to existing or proposed co-chan- bile Services.

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Service contour. The locus of points authorized to transmit on that chan- surrounding a transmitter where the nel. predicted median field strength of the [59 FR 59507, Nov. 17, 1994, as amended at 61 signal from that transmitter is the FR 31050, June 19, 1996; 61 FR 54098, Oct. 17, minimum field strength that is consid- 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, ered sufficient to provide reliable serv- July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR ice to mobile stations. 9609, Mar. 4, 2002; 70 FR 19307, Apr. 13, 2005; 79 Service to subscribers. Service to at FR 72150, Dec. 5, 2014] least one subscriber that is not affiliated with, controlled by or related to Subpart B—Licensing the providing carrier. Requirements and Procedures Signal booster. A stationary device that automatically reradiates signals APPLICATIONS AND NOTIFICATIONS from base transmitters without chan- § 22.107 General application require- nel translation, for the purpose of im- ments. proving the reliability of existing service by increasing the signal strength in In general, applications for author- dead spots. izations, assignments of authoriza- Station. A station equipped to engage tions, or consent to transfer of control of licensees in the Public Mobile Serv- in radio communication or radio trans- ices must: mission of energy (47 U.S.C. 153(k)). (a) Demonstrate the applicant’s Telecommunications common carrier. qualifications to hold an authorization An individual, partnership, association, in the Public Mobile services; joint-stock company, trust or corpora- (b) State how a grant would serve the tion engaged in rendering radio tele- public interest, convenience, and ne- communications services to the gen- cessity; eral public for hire. (c) Contain all information required Temporary fixed station. One or more by FCC rules or application forms; fixed transmitters that normally do (d) Propose operation of a facility in not remain at any particular location compliance with all rules governing for longer than 6 months. the Public Mobile service; Universal licensing system. The Uni- (e) Be amended as necessary to re- versal Licensing System (ULS) is the main substantially accurate and com- consolidated database, application fil- plete in all significant respects, in ac- ing system, and processing system for cordance with the provisions of § 1.65 of all Wireless Radio Services. ULS sup- this chapter; and, ports electronic filing of all applica- (f) Be signed in accordance with tions and related documents by appli- § 1.743 of this chapter. cants and licensees in the Wireless Radio Services, and provides public ac- § 22.131 Procedures for mutually excess to licensing information. clusive applications. Unserved Area. With regard to a chan- Two or more pending applications are nel block allocated for assignment in mutually exclusive if the grant of one the Cellular Radiotelephone Service: application would effectively preclude Geographic area in the District of Co- the grant of one or more of the others lumbia, or any State, Territory or Pos- under Commission rules governing the session of the United States of America Public Mobile Services involved. The that is not within any Cellular Geo- Commission uses the general proce- graphic Service Area of any Cellular dures in this section for processing mu- system authorized to transmit on that tually exclusive applications in the channel block. With regard to a chan- Public Mobile Services. Additional spe- nel allocated for assignment in the cific procedures are prescribed in the Paging and Radiotelephone service: Ge- subparts of this part governing the in- ographic area within the District of Co- dividual Public Mobile Services (see lumbia, or any State, Territory or pos- §§ 22.509, 22.717, and 22.949) and in part 1 session of the United States of America of this chapter. that is not within the service contour (a) Separate applications. Any appli- of any base transmitter in any station cant that files an application knowing

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that it will be mutually exclusive with (c) Procedures. Generally, the Com- one or more applications should not in- mission may grant one application in a clude in the mutually exclusive appli- filing group of mutually exclusive ap- cation a request for other channels or plications and dismiss the other appli- facilities that would not, by them- cation(s) in the filing that are excluded selves, render the application mutually by that grant, pursuant to § 1.945 of this exclusive with those other applica- chapter. tions. Instead, the request for such (1) Selection methods. In selecting the other channels or facilities should be application to grant, the Commission filed in a separate application. will use competitive bidding. (b) Filing groups. Pending mutually (2) Dismissal of applications. The Com- exclusive applications are processed in mission may dismiss any application in filing groups. Mutually exclusive appli- a filing group that is defective or oth- cations in a filing group are given con- erwise subject to dismissal under § 1.945 current consideration. The Commission of this chapter, either before or after may dismiss as defective (pursuant to employing selection procedures. § 1.945 of this chapter) any mutually ex- (3) Type of filing group used. Except as clusive application(s) whose filing date otherwise provided in this part, the is outside of the date range for inclu- type of filing group used in the proc- sion in the filing group. The types of essing of two or more mutually exclu- filing groups used in day-to-day appli- sive applications depends upon the pur- cation processing are specified in para- pose(s) of the applications. graph (c)(3) of this section. A filing (i) If one of the mutually exclusive group is one of the following types: applications is a timely-filed applica- (1) Renewal filing group. A renewal fil- tion for renewal of an authorization, a ing group comprises a timely-filed ap- renewal filing group is used. plication for renewal of an authoriza- (ii) If any mutually exclusive appli- tion and all timely-filed mutually ex- cation filed on the earliest filing date clusive competing applications (see is an application for modification and § 1.935 of this chapter). none of the mutually exclusive applica- (2) Same-day filing group. A same-day tions is a timely-filed application for filing group comprises all mutually ex- renewal, a same-day filing group is clusive applications whose filing date used. is the same day, which is normally the (iii) If all of the mutually exclusive filing date of the first-filed applica- applications filed on the earliest filing tion(s). date are applications for initial author- (3) Thirty-day notice and cut-off filing ization, a 30-day notice and cut-off fil- group. A 30-day notice and cut-off filing ing group is used. group comprises mutually exclusive (4) Disposition. If there is only one ap- applications whose filing date is no plication in any type of filing group, later than thirty (30) days after the the Commission may grant that appli- date of the Public Notice listing the cation and dismiss without prejudice first-filed application(s) (according to any mutually exclusive applications the filing dates) as acceptable for fil- not in the filing group. If there is more ing. than one mutually exclusive applica- (4) Window filing group. A window fil- tion in a filing group, the Commission ing group comprises mutually exclu- disposes of these applications as fol- sive applications whose filing date is lows: within an announced filing window. An (i) Applications in a renewal filing announced filing window is a period of group. All mutually exclusive applica- time between and including two spe- tions in a renewal filing group are des- cific dates, which are the first and last ignated for comparative consideration dates on which applications (or amend- in a hearing. ments) for a particular purpose may be (ii) Applications in a 30-day notice and accepted for filing. In the case of a one- cut-off filing group. (A) If all of the mu- day window, the two dates are the tually exclusive applications in a 30- same. The dates are made known to the day notice and cut-off filing group are public in advance. applications for initial authorization,

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the FCC administers competitive bid- (ii) The major amendment as re- ding procedures in accordance with ceived is defective or otherwise found §§ 22.201 through 22.227 and subpart Q of unacceptable for filing; or part 1 of this chapter, as applicable. (iii) The application being amended After such procedures, the application has been designated for hearing and the of the successful bidder may be granted Commission or the presiding officer ac- and the other applications may be dis- cepts the major amendment. missed without prejudice. (2) An application for initial authoriza- (B) If any of the mutually exclusive tion is: applications in a 30-day notice and cut- (i) Any application requesting an authorization for a new system or sta- off filing group is an application for tion; modification, the Commission may at- (ii) Any application requesting au- tempt to resolve the mutual exclu- thorization for an existing station to sivity by facilitating a settlement be- operate on an additional channel, un- tween the applicants. If a settlement is less the additional channel is for paired not reached within a reasonable time, two-way radiotelephone operation, is the FCC may designate all applications in the same frequency range as the ex- in the filing group for comparative isting channel(s), and will be oper- consideration in a hearing. In this ationally integrated with the existing event, the result of the hearing dis- channel(s) such as by trunking; poses all of the applications in the fil- (iii) Any application requesting au- ing group. thorization for a new transmitter at a (iii) Applications in a same-day filing location more than 2 kilometers (1.2 group. If there are two or more mutu- miles) from any existing transmitters ally exclusive applications in a same- of the applicant licensee on the re- day filing group, the Commission may quested channel or channel block; or attempt to resolve the mutual exclu- (iv) Any application to expand the sivity by facilitating a settlement be- Cellular Geographic Service Area of an tween the applicants. If a settlement is existing Cellular system. See § 22.911. not reached within a reasonable time, (v) Any ‘‘short-form’’ application the Commission may designate all ap- (filed on FCC Form 175) requesting a plications in the filing group for com- new paging geographic area authoriza- parative consideration in a hearing. In tion. this event, the result of the hearing [59 FR 59954, Nov. 21, 1994, as amended at 62 disposes of all of the applications in FR 11629, Mar. 12, 1997; 63 FR 68943, Dec. 14, the filing group. 1998; 79 FR 72150, Dec. 5, 2014] (iv) Applications in a window filing § 22.143 Construction prior to grant of group. Applications in a window filing application. group are processed in accordance with the procedures for a 30-day notice and Applicants may construct facilities cut-off filing group in paragraph in the Public Mobile services prior to grant of their applications, subject to (c)(4)(ii) of this section. the provisions of this section, but must (d) Terminology. For the purposes of not operate such facilities until the this section, terms have the following FCC grants an authorization. If the meanings: conditions stated in this section are (1) The filing date of an application is not met, applicants must not begin to the date on which that application was construct facilities in the Public Mo- received in a condition acceptable for bile Services. filing or the date on which the most re- (a) When applicants may begin con- cently filed major amendment to that struction. An applicant may begin con- application was received, whichever is struction of a facility 35 days after the later, excluding major amendments in date of the Public Notice listing the the following circumstances: application for that facility as accept- (i) The major amendment reflects able for filing. only a change in ownership or control (b) Notification to stop. If the FCC for found by the Commission to be in the any reason determines that construc- public interest; tion should not be started or should be

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stopped while an application is pend- channel assignment(s) with a foreign ing, and so notifies the applicant, oral- administration is not required. ly (followed by written confirmation) [59 FR 59507, Nov. 17, 1994, as amended at 70 or in writing, the applicant must not FR 19308, Apr. 13, 2005; 77 FR 3954, Jan. 26, begin construction or, if construction 2012; 79 FR 72151, Dec. 5, 2014] has begun, must stop construction immediately. § 22.150 Standard pre-filing technical (c) Assumption of risk. Applicants that coordination procedure. begin construction pursuant to this For operations on certain channels in section before receiving an authoriza- the Public Mobile Services, carriers tion do so at their own risk and have must attempt to coordinate the pro- no recourse against the United States posed use of spectrum with other spec- for any losses resulting from: trum users prior to filing an applica- (1) Applications that are not granted; tion for authority to operate a station. (2) Errors or delays in issuing Public Rules requiring this procedure for spe- Notices; cific channels and types of stations are contained in the subparts governing (3) Having to alter, relocate or dis- the individual Public Mobile Services. mantle the facility; or (a) Coordination comprises two (4) Incurring whatever costs may be steps—notification and response. Each necessary to bring the facility into step may be accomplished orally or in compliance with applicable laws, or writing. FCC rules and orders. (b) Notification must include rel- (d) Conditions. Except as indicated, evant technical details of the proposal. all pre-grant construction is subject to At minimum, this should include the the following conditions: following: (1) The application is not mutually (1) Geographical coordinates of the exclusive with any other application, antenna site(s). except for successful bidders and ten- (2) Transmitting and receiving chan- tative selectees in the Cellular Radio- nels to be added or changed. telephone Service; (3) Transmitting power, emission (2) No petitions to deny the applica- type and polarization. tion have been filed; (4) Transmitting antenna pattern and (3) The application does not include a maximum gain. request for a waiver of one or more (5) Transmitting antenna height FCC rules; above ground level. (4) For any construction or alter- (c) Applicants and licensees receiving ation that would exceed the require- notification must respond promptly, ments of § 17.7 of this chapter, the li- even if no channel usage conflicts are censee has notified the appropriate Re- anticipated. If any notified party fails gional Office of the Federal Aviation to respond within 30 days, the appli- Administration (FAA Form 7460–1), se- cant may file the application without a cured a valid FAA determination of response from that party. ‘‘no hazard,’’ and received antenna (d) The 30-day period begins on the date the notification is submitted to height clearance and obstruction the Commission via the ULS. If the no- marking and lighting specifications tification is by mail, this date may be (FCC Form 854R) from the FCC for the ascertained by: proposed construction or alteration. (1) The return receipt on certified (5) The applicant has indicated in the mail, application that the proposed facility (2) The enclosure of a card to be would not have a significant environ- dated and returned by the party being mental effect, in accordance with notified, or §§ 1.1301 through 1.1319 of this chapter; (3) A reasonable estimate of the time and, required for the mail to reach its des- (6) Under applicable international tination. In this case, the date when agreements and rules in this part, indi- the 30-day period will expire must be vidual coordination of the proposed stated in the notification.

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(e) All channel usage conflicts dis- (b) Antenna structure registration. Cer- covered during the coordination proc- tain antenna structures must be reg- ess should be resolved prior to filing of istered with the Commission prior to the application. If the applicant is un- construction or alteration. Registra- able or unwilling to resolve a par- tion requirements are contained in ticular conflict, the application may be part 17 of this chapter. accepted for filing if it contains a (c) Environmental. The additional statement describing the unresolved transmitters must not have a signifi- conflict and a brief explanation of the cant environmental effect as defined by reasons why a resolution was not §§ 1.1301 through 1.1319 of this chapter. achieved. (d) Paging and Radiotelephone Service. (f) If a number of changes in the tech- The provisions in this paragraph apply nical parameters of a proposed facility for stations in the Paging and Radio- become necessary during the course of telephone Service. the coordination process, an attempt (1) The interfering contours of the should be made to minimize the num- additional transmitter(s) must be tober of separate notifications. If the tally encompassed by the composite changes are incorporated into a com- interfering contour of the existing sta- pletely revised notice, the items that tion (or stations under common control were changed from the previous notice of the applicant) on the same channel, should be identified. except that this limitation does not (g) In situations where subsequent apply to nationwide network paging changes are not numerous or complex, stations or in-building radiation sys- the party receiving the changed notifi- tems. cation should make an effort to re- (2) [Reserved] spond in less than 30 days. If the appli- (3) The additional transmitters must cant believes a shorter response time is not operate on control channels in the reasonable and appropriate, it should 72–76 MHz, 470–512 MHz, 928 MHz, 932 so indicate in the notice and suggest a MHz, 941 MHz or 959 MHz frequency response date. ranges. (h) If a subsequent change in the (e) Cellular Radiotelephone Service. technical parameters of a proposed fa- The service area boundaries (SABs) of cility could not affect the facilities of the additional transmitters, as cal- one or more of the parties that re- culated by the method set forth in ceived an initial notification, the ap- § 22.911(a), must not cause an expansion plicant is not required to coordinate of the Cellular Geographic Service that change with these parties. How- ever, these parties must be advised of Area (CGSA), and must not extend out- the change and of the opinion that co- side the CGSA boundary into Unserved ordination is not required. Area unless such extension is less than 130 contiguous square kilometers (50 [59 FR 59507, Nov. 17, 1994, as amended at 63 contiguous square miles). The licensee FR 68944, Dec. 14, 1998] must seek prior approval (using FCC Form 601) regarding any transmitters § 22.165 Additional transmitters for ex- to be added under this section that isting systems. would cause an expansion of the CGSA, A licensee may operate additional or an SAB extension of 130 contiguous transmitters at additional locations on square kilometers (50 contiguous the same channel or channel block as square miles) or more, into Unserved its existing system without obtaining Area. See §§ 22.912, 22.953. prior Commission approval provided: (f) Air-ground Radiotelephone Service. (a) International coordination. The lo- Ground stations may be added to Com- cations and/or technical parameters of mercial Aviation air-ground systems at the additional transmitters are such previously established ground station that individual coordination of the locations, pursuant to § 22.859, subject channel assignment(s) with a foreign to compliance with the applicable tech- administration, under applicable inter- nical rules. This section does not apply national agreements and rules in this to General Aviation air-ground sta- part, is not required. tions.

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(g) Rural Radiotelephone Service. A erwise provided in this subpart and ‘‘service area’’ and ‘‘interfering con- part 90 of this chapter. tours’’ must be determined using the [67 FR 45366, July 9, 2002] same method as for stations in the Paging and Radiotelephone Service. §§ 22.203–22.211 [Reserved] The service area and interfering contours so determined for the additional § 22.213 Filing of long-form applica- transmitter(s) must be totally encom- tions. passed by the similarly determined After an auction, the Commission composite service area contour and will not accept long form applications predicted interfering contour, respec- for paging geographic authorizations tively, of the existing station on the from anyone other than the auction same channel. This section does not winners and parties seeking parti- apply to Basic Exchange Telecommuni- tioned authorizations pursuant to cations Radio Systems. agreements with auction winners under (h) Offshore Radiotelephone Service. § 22.221. This section does not apply to stations in the Offshore Radiotelephone Serv- [67 FR 45366, July 9, 2002] ice. § 22.215 [Reserved] (i) Provision of information upon request. Upon request by the FCC, licens- § 22.217 Bidding credit for small busi- ees must supply administrative or nesses. technical information concerning the A winning bidder that qualifies as a additional transmitters. At the time small business, as defined in transmitters are added pursuant to § 22.223(b)(1), or a consortium of small this section, licensees must make a businesses may use a bidding credit of record of the pertinent technical and thirty-five (35) percent to lower the administrative information so that cost of its winning bid. A winning bid- such information is readily available. der that qualifies as a small business, See § 22.303. as defined in § 22.223(b)(2), or consor- [59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. tium of small businesses may use a bid- 16, 1994, as amended at 62 FR 11629, Mar. 12, ding credit of twenty-five (25) percent 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, to lower the cost of its winning bid. Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002; 78 FR 25174, Apr. 29, 2013; 79 FR 72151, Dec. 5, 2014] [68 FR 42998, July 21, 2003]

§ 22.169 International coordination of § 22.221 Eligibility for partitioned li- channel assignments. censes. Channel assignments under this part If partitioned licenses are being ap- are subject to the applicable provisions plied for in conjunction with a li- and requirements of treaties and other cense(s) to be awarded through com- international agreements between the petitive bidding procedures— United States government and the gov- (a) The applicable procedures for fil- ernments of Canada and Mexico. ing short-form applications and for submitting upfront payments and down COMPETITIVE BIDDING PROCEDURES payments contained in this chapter shall be followed by the applicant, who SOURCE: 62 FR 11629, Mar. 12, 1997, unless must disclose as part of its short-form otherwise noted. application all parties to agreement(s) with or among other entities to parti- § 22.201 Paging geographic area au- tion the license pursuant to this sec- thorizations are subject to competition, if won at auction (see 47 CFR tive bidding. 1.2105(a)(2)(viii)); Mutually exclusive initial applica- (b) Each party to an agreement to tions for paging geographic area li- partition the authorization must file a censes are subject to competitive bid- long-form application (FCC Form 601) ding. The general competitive bidding for its respective, mutually agreed- procedures set forth in part 1, subpart upon geographic area together with the Q of this chapter will apply unless oth- application for the remainder of the

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MEA or EA filed by the auction win- § 22.227 Petitions to deny and limita- ner. tions on settlements. (c) If the partitioned authorization is (a) Procedures regarding petitions to being applied for as a partial assign- deny long-form applications in the pag- ment of the MEA or EA authorization ing service will be governed by § 1.939 of following grant of the initial author- this chapter. ization, request for authorization for (b) The consideration that an indi- partial assignment of an authorization vidual or an entity will be permitted to shall be made pursuant to § 1.948 of this receive for agreeing to withdraw an ap- part. plication or petition to deny will be [59 FR 59507, Nov. 17, 1994, as amended at 64 limited by the provisions set forth in FR 33781, June 24, 1999] § 1.935 of this chapter. § 22.223 Designated entities. [67 FR 45367, July 9, 2002] (a) Scope. The definitions in this sec- § 22.229 Designated entities. tion apply to §§ 22.201 through 22.227, unless otherwise specified in those sec- (a) Eligibility for small business provi- tions. sions. (1) A very small business is an (b) A small business is an entity that entity that, together with its control- either: ling interests and affiliates, has aver- (1) Together with its affiliates and age annual gross revenues not exceed- controlling interests has average gross ing $3 million for the preceding three revenues that are not more than $3 years. million for the preceding three years; (2) A small business is an entity that, or together with its controlling interests (2) Together with its affiliates and and affiliates, has average annual gross controlling interests has average gross revenues not exceeding $15 million for revenues that are not more than $15 the preceding three years. million for the preceding three years. (3) An entrepreneur is an entity that, together with its controlling interests [68 FR 42998, July 21, 2003] and affiliates, has average annual gross revenues not exceeding $40 million for § 22.225 Certifications, disclosures, records maintenance, and defini- the preceding three years. tions. (b) Bidding credits. A winning bidder that qualifies as a very small business, (a) Records maintenance. All winning as defined in this section, or a consor- bidders qualifying as small businesses shall maintain at their principal place tium of very small businesses may use of business an updated file of owner- the bidding credit specified in ship, revenue, and asset information, § 1.2110(f)(2)(i) of this chapter. A win- including any documents necessary to ning bidder that qualifies as a small establish small businesses under business, as defined in this section, or § 22.223. Licensees (and their successors- a consortium of small businesses may in-interest) shall maintain such files use the bidding credit specified in for the term of the license. Applicants § 1.2110(f)(2)(ii) of this chapter. A win- that do not obtain the license(s) for ning bidder that qualifies as an entre- which they applied shall maintain such preneur, as defined in this section, or a files until the grant of such license(s) consortium of entrepreneurs may use is final, or one year from the date of the bidding credit specified in the filing of their short-form applica- § 1.2110(f)(2)(iii) of this chapter. tion (FCC Form 175), whichever is ear- [67 FR 11434, Mar. 14, 2002, as amended at 68 lier. FR 42998, July 21, 2003] (b) Definition. The term small business used in this section is defined in § 22.223. [67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]

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Subpart C—Operational and emergency communications services in Technical Requirements a manner or configuration not normally allowed by this part, provided OPERATIONAL REQUIREMENTS that such operations comply with the provisions of this section. § 22.301 Station inspection. (a) Technical limitations. Public Mo- Upon reasonable request, the licensee bile stations providing temporary of any station authorized in the Public emergency communications service Mobile Services must make the station must not transmit: and station records available for in- (1) On channels other than those au- spection by authorized representatives thorized for normal operations. of the Commission at any reasonable (2) With power in excess of that au- hour. thorized for normal operations; (3) Emission types other than those [59 FR 59955, Nov. 21, 1994] authorized for normal operations. § 22.303 Retention of station authoriza- (b) Discontinuance. Temporary emer- tions; identifying transmitters. gency use of Public Mobile stations must be discontinued as soon as nor- The current authorization for each mal communication facilities are re- station, together with current adminis- stored. The FCC may, at any time, trative and technical information con- order the discontinuance of any such cerning modifications to facilities pur- emergency communication services. suant to § 1.929 of this chapter, and added facilities pursuant to § 22.165 § 22.313 Station identification. must be retained as a permanent part The licensee of each station in the of the station records. A clearly legible Public Mobile Services must ensure photocopy of the authorization must be that the transmissions of that station available at each regularly attended are identified in accordance with the control point of the station, or in lieu requirements of this section. of this photocopy, licensees may in- (a) Station identification is not re- stead make available at each regularly quired for transmission by: attended control point the address or (1) Stations in the Cellular Radio- location where the licensee’s current telephone Service; authorization and other records may be (2) General aviation ground stations found. in the Air-ground Radiotelephone Serv- [70 FR 61058, Oct. 20, 2005] ice; (3) [Reserved] § 22.305 Operator and maintenance re- (4) Stations using Basic Exchange quirements. Telephone Radio Systems in the Rural FCC operator permits and licenses Radiotelephone Service; are not required to operate, repair or (5) [Reserved] maintain equipment authorized in the (6) Stations operating pursuant to Public Mobile Services. Station licens- paging geographic area authorizations. ees are responsible for the proper oper- (b) For all other stations in the Pub- ation and maintenance of their sta- lic Mobile Services, station identifica- tions, and for compliance with FCC tion must be transmitted each hour rules. within five minutes of the hour, or upon completion of the first trans- § 22.307 Operation during emergency. mission after the hour. Transmission of Licensees of stations in the Public station identification may be tempo- Mobile services may, during a period of rarily delayed to avoid interrupting emergency in which normal commu- the continuity of any public communications facilities are disrupted as a nication in progress, provided that sta- result of hurricane, flood, earthquake tion identification is transmitted at or other natural disaster, civil unrest, the conclusion of that public commu- widespread vandalism, national emer- nication. gencies or emergencies declared by Ex- (c) Station identification must be ecutive Order of the President, use transmitted by telephony using the their stations to temporarily provide English language or by telegraphy

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using the international Morse code, ployment to all qualified persons, and and in a form that can be received personnel must not be discriminated using equipment appropriate for the against in employment because of sex, modulation type employed, and under- race, color, religion, or national origin. stood without the use of unscrambling (a) Equal employment opportunity pro- devices, except that, alternatively, sta- gram. Each licensee shall establish, tion identification may be transmitted maintain, and carry out a positive con- digitally, provided that the licensee tinuing program of specific practices provides the Commission with informa- designed to assure equal opportunity in tion sufficient to decode the digital every aspect of employment policy and transmission to ascertain the call sign. practice. Station identification comprises trans- (1) Under the terms of its program, mission of the call sign assigned by the each licensee shall: Commission to the station, however, (i) Define the responsibility of each the following may be used in lieu of the call sign. level of management to insure a posi- (1) For transmission from subscriber tive application and vigorous enforce- operated transmitters, the telephone ment of the policy of equal oppor- number or other designation assigned tunity, and establish a procedure to re- by the carrier, provided that a written view and control managerial and super- record of such designations is main- visory performance. tained by the carrier; (ii) Inform its employees and recog- (2) For general aviation airborne mo- nized employee organizations of the bile stations in the Air-Ground Radio- positive equal employment oppor- telephone Service, the official FAA tunity policy and program and enlist registration number of the aircraft; their cooperation. (3) For stations in the Paging and (iii) Communicate its equal employ- Radiotelephone Service, a call sign as- ment opportunity policy and program signed to another station within the and its employment needs to sources of same system. qualified applicants without regard to sex, race, color, religion or national or- [59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59955, Nov. 21, 1994; 62 FR 11633, Mar. 12, igin, and solicit their recruitment as- 1997; 70 FR 19308, Apr. 13, 2005] sistance on a continuing basis. (iv) Conduct a continuing campaign § 22.317 Discontinuance of station op- to exclude every form of prejudice or eration. discrimination based upon sex, race, If the operation of a Public Mobile color, religion, or national origin, from Services station is permanently discon- the licensee’s personnel policies and tinued, the licensee shall send author- practices and working conditions. ization for cancellation by electronic (v) Conduct a continuing review of filing via the ULS on FCC Form 601. job structure and employment prac- For purposes of this section, any sta- tices and adopt positive recruitment, tion that has not provided service to training, job design and other measures subscribers for 90 continuous days is needed in order to ensure genuine considered to have been permanently equality of opportunity to participate discontinued, unless the applicant noti- fully in all organizational units, occu- fied the FCC otherwise prior to the end pations and levels of responsibility. of the 90 day period and provided a date (2) The program must reasonably ad- on which operation will resume, which dress specific concerns through policies date must not be in excess of 30 addi- and actions as set forth in this para- tional days. graph, to the extent that they are ap- [59 FR 59507, Nov. 17, 1994, as amended at 61 propriate in consideration of licensee FR 54099, Oct. 17, 1996; 63 FR 68944, Dec. 14, size, location and other factors. 1998] (i) To assure nondiscrimination in recruiting. (A) Posting notices in the li- § 22.321 Equal employment opportuni- censee’s offices informing applicants ties. for employment of their equal employ- Public Mobile Services licensees ment rights and their right to notify shall afford equal opportunity in em- the Equal Employment Opportunity

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Commission (EEOC), the Federal Com- and that job areas in which there is lit- munications Commission (FCC), or tle or no minority or female represen- other appropriate agency. Where a sub- tation should be reviewed to determine stantial number of applicants are whether this results from discrimina- Spanish-surnamed Americans, such no- tion. tice should be posted in both Spanish (B) Giving minority groups and fe- and English. male employees equal opportunity for (B) Placing a notice in bold type on positions which lead to higher posi- the employment application informing tions. Inquiring as to the interest and prospective employees that discrimina- skills of all lower-paid employees with tion because of sex, race, color, reli- respect to any of the higher-paid posi- gion or national origin is prohibited, tions, followed by assistance, coun- and that they may notify the EEOC, seling, and effective measures to en- the FCC or other appropriate agency if able employees with interest and po- they believe they have been discrimi- tential to qualify themselves for such nated against. positions. (C) Placing employment advertise- (C) Reviewing seniority practices to ments in media which have significant insure that such practices are non- circulation among minority groups in discriminatory and do not have a dis- the recruiting area. criminatory effect. (D) Recruiting through schools and (D) Avoiding use of selection tech- colleges with significant minority niques or tests that have the effect of group enrollments. discriminating against minority groups (E) Maintaining systematic contacts or females. with minority and human relations or- (iv) To assure nondiscrimination in ganizations, leaders and spokespersons other areas of employment practices. (A) to encourage referral of qualified mi- Examining rates of pay and fringe ben- nority or female applicants. efits for present employees with equiv- (F) Encouraging present employees alent duties and adjusting any inequi- to refer minority or female applicants. ties found. (G) Making known to the appropriate (B) Providing opportunity to perform recruitment sources in the employer’s overtime work on a basis that does not immediate area that qualified minority discriminate against qualified minor- members are being sought for consider- ity groups or female employees. ation whenever the licensee hires. (b) EEO statement. Each licensee hav- (ii) To assure nondiscrimination in se- ing 16 or more full-time employees lection and hiring. (A) Instructing em- shall file with the FCC, no later than ployees of the licensee who make hir- May 31st following the grant of that li- ing decisions that all applicants for all censee’s first Public Mobile Services jobs are to be considered without dis- authorization, a statement describing crimination. fully its current equal employment op- (B) Where union agreements exist, portunity program, indicating specific cooperating with the union or unions practices to be followed in order to as- in the development of programs to assure equal employment opportunity on sure qualified minority persons or fe- the basis of sex, race, color, religion or males of equal opportunity for employ- national origin in such aspects of em- ment, and including an effective non- ployment practices as regards recruit- discrimination clause in new or renego- ment, selection, training, placement, tiated union agreements. promotion, pay, working conditions, (C) Avoiding use of selection tech- demotion, layoff and termination. Any niques or tests that have the effect of licensee having 16 or more full-time discriminating against minority groups employees that changes its existing or females. equal employment opportunity pro- (iii) To assure nondiscriminatory place- gram shall file with the FCC, no later ment and promotion. (A) Instructing em- than May 31st thereafter, a revised ployees of the licensee who make deci- statement reflecting the change(s). sions on placement and promotion that NOTE TO PARAGRAPH (b) OF § 22.321: Licens- minority employees and females are to ees having 16 or more full-time employees be considered without discrimination, that were granted their first Public Mobile

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Services authorization prior to January 1, ees with the principles of equal em- 1995, and do not have a current EEO state- ployment as set forth herein. ment on file with the FCC, must file such (5) Complaints indicating a general statement, required by paragraph (b) of this section, no later than May 31, 1995. pattern of disregard of equal employment practices which are received (c) Report of complaints filed against li- against a licensee that is required to censees. Each licensee, regardless of file an employment report to the FCC how many employees it has, shall sub- under § 1.815(a) of this chapter are in- mit an annual report to the FCC no vestigated by the FCC. later than May 31st of each year indi- (e) FCC records. A copy of every an- cating whether any complaints regard- nual employment report, equal em- ing violations by the licensee or equal employment provisions of Federal, ployment opportunity program state- State, Territorial, or local law have ment, reports on complaints regarding been filed before anybody having com- violation of equal employment provi- petent jurisdiction. sions of Federal, State, Territorial, or (1) The report should state the par- local law, and copies of all exhibits, ties involved, the date filing, the letters, and other documents filed as courts or agencies before which the part thereof, all amendments thereto, matters have been heard, the appro- all correspondence between the li- priate file number (if any), and the re- censee and the FCC pertaining to the spective disposition or current status reports after they have been filed and of any such complaints. all documents incorporated therein by (2) Any licensee who has filed such reference, are open for public inspec- information with the EEOC may file a tion at the offices of the FCC. notification of such filing with the FCC (f) Licensee records. Each licensee rein lieu of a report. quired to file annual employment re- (d) Complaints of violations of Equal ports (pursuant to § 1.815(a) of this Employment Programs. Complaints al- chapter), equal employment oppor- leging employment discrimination tunity program statements, and annual against a common carrier licensee are reports on complaints regarding viola- considered by the FCC in the following tions of equal employment provisions manner: of Federal, State, Territorial, or local (1) If a complaint raising an issue of law shall maintain for public inspec- discrimination is received against a li- tion a file containing a copy of each censee who is within the jurisdiction of such report and copies of all exhibits, the EEOC, it is submitted to that agen- letters, and other documents filed as cy. The FCC maintains a liaison with part thereto, all correspondence be- that agency that keeps the FCC in- tween the licensee and the FCC performed of the disposition of complaints taining to the reports after they have filed against common carrier licensees. been filed and all documents incor- (2) Complaints alleging employment porated therein by reference. The docu- discrimination against a common car- ments must be retained for a period of rier licensee who does not fall under 2 years. the jurisdiction of the EEOC but is covered by appropriate enforceable State § 22.325 Control points. law, to which penalties apply, may be submitted by the FCC to the respective Each station in the Public Mobile State agency. Services must have at least one control (3) Complaints alleging employment point and a person on duty who is re- discrimination against a common car- sponsible for station operation. This rier licensee who does not fall under section does not require that the per- the jurisdiction of the EEOC or an ap- son on duty be at the control point or propriate State law, are accorded ap- continuously monitor all transmissions propriate treatment by the FCC. of the station. However, the control (4) The FCC will consult with the point must have facilities that enable EEOC on all matters relating to the the person on duty to turn off the evaluation and determination of com- transmitters in the event of a malfunc- pliance by the common carrier licens- tion.

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TECHNICAL REQUIREMENTS should attempt to resolve such interference by technical means or oper- § 22.351 Channel assignment policy. ating arrangements. The channels allocated for use in the (2) Inteference to mobile receivers from Public Mobile Services are listed in the mobile transmitters. No protection is applicable subparts of this part. Chan- provided against mobile-to-mobile in- nels and channel blocks are assigned in terference. such a manner as to facilitate the ren- (3) Interference to base receivers from dition of service on an interference-free mobile transmitters. No protection is basis in each service area. Except as provided against mobile-to-base inter- otherwise provided in this part, each ference. channel or channel block is assigned exclusively to one licensee in each (4) Interference to fixed stations. Li- service area. All applicants for, and licensees should attempt to resolve such censees of, stations in the Public Mo- interference by technical means or op- bile Services shall cooperate in the se- erating arrangements. lection and use of channels in order to (5) Anomalous or infrequent propaga- minimize interference and obtain the tion modes. No protection is provided most efficient use of the allocated against interference caused by tropo- spectrum. spheric and ionospheric propagation of [70 FR 19308, Apr. 13, 2005] signals. (6) Facilities for which the Commission § 22.352 Protection from interference. is not notified. No protection is provided Public Mobile Service stations oper- against interference to the service of ating in accordance with applicable any additional or modified transmitter FCC rules and the terms and conditions operating pursuant to § 1.929 or § 22.165, of their authorizations are normally unless and until the licensee modifies considered to be non-interfering. If the its authorization using FCC Form 601. FCC determines, however, that inter- (7) In-building radiation systems. No ference that significantly interrupts or protection is provided against inter- degrades a radio service is being ference to the service of in-building ra- caused, it may, in accordance with the diation systems (see § 22.383). provisions of sections 303(f) and 316 of the Communications Act of 1934, as [59 FR 59507, Nov. 17, 1994, as amended at 62 amended, (47 U.S.C. 303(f), 316), require FR 11633, Mar. 12, 1997; 63 FR 68944, Dec. 14, modifications to any Public Mobile 1998; 70 FR 19308, Apr. 13, 2005] station as necessary to eliminate such interference. § 22.353 Blanketing interference. (a) Failure to operate as authorized. Licensees of Public Mobile Services Any licensee causing interference to stations are responsible for resolving the service of other stations by failing cases of blanketing interference in ac- to operate its station in full accord- cordance with the provisions of this ance with its authorization and appli- section. cable FCC rules shall discontinue all (a) Except as provided in paragraph transmissions, except those necessary (c) of this section, licensees must re- for the immediate safety of life or solve any cases of blanketing inter- property, until it can bring its station ference in their area of responsibility into full compliance with the author- caused by operation of their trans- ization and rules. (b) Intermodulation interference. Li- mitter(s) during a one-year period fol- censees should attempt to resolve such lowing commencement of service from interference by technical means. new or modified transmitter(s). Inter- (c) Situations in which no protection is ference must be resolved promptly at afforded. Except as provided elsewhere no cost to the complainant. in this part, no protection from inter- (b) The area of responsibility is that ference is afforded in the following sit- area in the immediate vicinity of the uations: transmitting antenna of stations where (1) Interference to base receivers from the field strength of the electro- base or fixed transmitters. Licensees magnetic radiation from such stations

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equals or exceeds 115 dBμV/m. To deter- TABLE C–1—FREQUENCY TOLERANCE FOR mine the radial distance to the bound- TRANSMITTERS IN THE PUBLIC MOBILE SERVICES ary of this area, the following formula Mobile >3 Mobile must be used: Frequency range Base, fixed watts ≤3 watts (MHz) (ppm) (ppm) (ppm)

dp=×0. 394 25 to 50 ...... 20.0 20.0 50.0 50 to 450 ...... 5.0 5.0 50.0 where d is the radial distance to the bound- 450 to 512 ...... 2.5 5.0 5.0 ary, in kilometers 821 to 896 ...... 1.5 2.5 2.5 p is the radial effective radiated power, in 928 to 929 ...... 5.0 n/a n/a 929 to 960 ...... 1.5 n/a n/a kilowatts 2110 to 2220 ..... 10.0 n/a n/a The maximum effective radiated power in the pertinent direction, without con- [61 FR 54099, Oct. 17, 1996] sideration of the antenna’s vertical ra- § 22.357 Emission types. diation pattern or height, must be used in the formula. Any authorized station in the Public (c) Licensees are not required to re- Mobile Services may transmit emis- solve blanketing interference to mobile sions of any type(s) that comply with receivers or non-RF devices or blan- the applicable emission rule, i.e. § 22.359, § 22.861 or § 22.917. keting interference occurring as a result of malfunctioning or mistuned re- [70 FR 19308, Apr. 13, 2005] ceivers, improperly installed consumer antenna systems, or the use of high § 22.359 Emission limitations. gain antennas or antenna booster am- The rules in this section govern the plifiers by consumers. spectral characteristics of emissions in (d) Licensees that install transmit- the Public Mobile Services, except for ting antennas at a location where there the Air-Ground Radiotelephone Service are already one or more transmitting (see § 22.861, instead) and the Cellular antennas are responsible for resolving Radiotelephone Service (see § 22.917, in- any new cases of blanketing inter- stead). (a) Out of band emissions. The power ference in accordance with this section. of any emission outside of the author- (e) Two or more licensees that con- ized operating frequency ranges must currently install transmitting anten- be attenuated below the transmitting nas at the same location are jointly re- power (P) by a factor of at least 43 + 10 sponsible for resolving blanketing in- log (P) dB. terference cases, unless the FCC can (b) Measurement procedure. Compli- readily determine which station is ance with these rules is based on the causing the interference, in which case use of measurement instrumentation the licensee of that station is held fully employing a resolution bandwidth of 30 responsible. kHz or more. In the 60 kHz bands im- (f) After the one year period of re- mediately outside and adjacent to the sponsibility to resolve blanketing in- authorized frequency range or channel, terference, licensees must provide upon a resolution bandwidth of at least one request technical information to com- percent of the emission bandwidth of plainants on remedies for blanketing the fundamental emission of the trans- interference. mitter may be employed. A narrower resolution bandwidth is permitted in § 22.355 Frequency tolerance. all cases to improve measurement accuracy provided the measured power is Except as otherwise provided in this integrated over the full required meas- part, the carrier frequency of each urement bandwidth (i.e., 30 kHz or 1 transmitter in the Public Mobile Serv- percent of emission bandwidth, as spec- ices must be maintained within the tol- ified). The emission bandwidth is de- erances given in Table C–1 of this sec- fined as the width of the signal be- tion. tween two points, one below the carrier center frequency and one above the carrier center frequency, outside of

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which all emissions are attenuated at tenance of antenna structures. An- least 26 dB below the transmitter tenna structure owners (or licensees power. and permittees, in the event of default (c) Alternative out of band emission by an antenna structure owner) that limit. Licensees in the Public Mobile make such contractual arrangements Services may establish an alternative continue to be responsible for the out of band emission limit to be used maintenance of antenna structures in at specified frequencies (band edges) in regard to air navigation safety. specified geographical areas, in lieu of that set forth in this section, pursuant [61 FR 4365, Feb. 6, 1996] to a private contractual arrangement of all affected licensees and applicants. § 22.377 Certification of transmitters. In this event, each party to such con- Transmitters used in the Public Mo- tract shall maintain a copy of the con- bile Services, including those used with tract in their station files and disclose signal boosters, in-building radiation it to prospective assignees or trans- systems and cellular repeaters, must be ferees and, upon request, to the FCC. certificated for use in the radio serv- (d) Interference caused by out of band emissions. If any emission from a trans- ices regulated under this part. Trans- mitter operating in any of the Public mitters must be certificated when the Mobile Services results in interference station is ready for service, not nec- to users of another radio service, the essarily at the time of filing an appli- FCC may require a greater attenuation cation. The FCC may list as certifi- of that emission than specified in this cated only transmitters that are capa- section. ble of meeting all technical requirements of the rules governing the serv- [70 FR 19308, Apr. 13, 2005] ice in which they will operate. The pro- § 22.365 Antenna structures; air navi- cedure for obtaining certification is set gation safety. forth in part 2 of this chapter. Licensees that own their antenna [78 FR 25174, Apr. 29, 2013] structures must not allow these antenna structures to become a hazard to § 22.383 In-building radiation systems. air navigation. In general, antenna structure owners are responsible for Licensees may install and operate in- registering antenna structures with building radiation systems without ap- the FCC if required by part 17 of this plying for authorization or notifying chapter, and for installing and main- the FCC, provided that the locations of taining any required marking and the in-building radiation systems are lighting. However, in the event of de- within the protected service area of the fault of this responsibility by an an- licensee’s authorized transmitter(s) on tenna structure owner, each FCC per- the same channel or channel block. mittee or licensee authorized to use an affected antenna structure will be held Subpart D [Reserved] responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of Subpart E—Paging and this chapter. See § 17.6 of this chapter. Radiotelephone Service (a) Marking and lighting. Antenna structures must be marked, lighted and § 22.501 Scope. maintained in accordance with part 17 The rules in this subpart govern the of this chapter and all applicable rules licensing and operation of public mo- and requirements of the Federal Avia- bile paging and radiotelephone station Administration. tions. The licensing and operation of (b) Maintenance contracts. Antenna these stations are also subject to rules structure owners (or licensees and per- elsewhere in this part that apply gen- mittees, in the event of default by an erally to the Public Mobile Services. antenna structure owner) may enter However, in case of conflict, the rules into contracts with other entities to in this subpart govern. monitor and carry out necessary main-

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§ 22.503 Paging geographic area au- MEAs EAs thorizations. 19 (Indianapolis) ...... 67. The FCC considers applications for 20 (Minneapolis-St. Paul) ...... 106–107, 109–114, 116. and issues paging geographic area au- 21 (Des Moines-Quad Cities) 100, 102–103, 117. 22 (Knoxville) ...... 44–45. thorizations in the Paging and Radio- 23 (Louisville-Lexington- 47, 69–70, 72. telephone Service in accordance with Evansville). the rules in this section. Each paging 24 (Birmingham) ...... 36, 74, 78–79. geographic area authorization contains 25 (Nashville) ...... 71. 26 (Memphis-Jackson) ...... 73, 75–77. conditions requiring compliance with 27 (New Orleans-Baton 80–85. paragraphs (h) and (i) of this section. Rouge). (a) Channels. The FCC may issue a 28 (Little Rock) ...... 90–92, 95. 29 (Kansas City) ...... 93, 99, 123. paging geographic area authorization 30 (St. Louis) ...... 94, 96, 98. for any channel listed in § 22.531 of this 31 (Houston) ...... 86–87, 131. part or for any channel pair listed in 32 (Dallas-Fort Worth) ...... 88–89, 127–130, 135, 137– § 22.561 of this part. 138. 33 (Denver) ...... 115, 140–143. (b) Paging geographic areas. The pag- 34 (Omaha) ...... 118–121. ing geographic areas are as follows: 35 (Wichita) ...... 122. (1) The Nationwide paging geographic 36 (Tulsa) ...... 124. 37 (Oklahoma City) ...... 125–126. area comprises the District of Colum- 38 (San Antonio) ...... 132–134. bia and all States, Territories and pos- 39 (El Paso-Albuquerque) ..... 136, 139, 155–157. sessions of the United States of Amer- 40 (Phoenix) ...... 154, 158–159. ica. 41 (Spokane-Billings) ...... 144–147, 168. 42 (Salt Lake City) ...... 148–150, 152. (2) Major Economic Areas (MEAs) 43 (San Francisco-Oakland- 151, 162–165. and Economic Areas (EAs) are defined San Jose). below. EAs are defined by the Depart- 44 (Los Angeles-San Diego) 153, 160–161. 45 (Portland) ...... 166–167. ment of Commerce, Bureau of Eco- 46 (Seattle) ...... 169–170. nomic Analysis. See Final Redefinition 47 (Alaska) ...... 171. of the MEA Economic Areas, 60 FR 48 (Hawaii) ...... 172. 13114 (March 10, 1995). MEAs are based 49 (Guam and the Northern 173. Mariana Islands). on EAs. In addition to the Department 50 (Puerto Rico and U.S. Vir- 174. of Commerce’s 172 EAs, the FCC shall gin Islands). separately license Guam and the 51 (American Samoa) ...... 175. Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, (c) Availability. The FCC may deter- and American Samoa, which have been mine whether to issue a paging geo- assigned FCC-created EA numbers 173– graphic area authorization for any spe- 175, respectively, and MEA numbers 49– cific channel or channel pair in any 51, respectively. specific paging geographic area. The (3) The 51 MEAs are composed of one FCC may replace existing site specific or more EAs as defined in the following authorizations for facilities on a chan- table: nel or channel pair located in a paging geographic area with a paging geo- MEAs EAs graphic area authorization for that 1 (Boston) ...... 1–3. channel or channel pair, if in its sole 2 (New York City) ...... 4–7, 10. discretion, the FCC determines that 3 (Buffalo) ...... 8. the public interest would be served by 4 (Philadelphia) ...... 11–12. such replacement. 5 (Washington) ...... 13–14. 6 (Richmond) ...... 15–17, 20. (d) Filing windows. The FCC accepts 7 (Charlotte-Greensboro- 18–19, 21–26, 41–42, 46. applications for paging geographic area Greenville-Raleigh). authorizations only during filing win- 8 (Atlanta) ...... 27–28, 37–40, 43. 9 (Jacksonville) ...... 29, 35. dows. The FCC issues Public Notices 10 (Tampa-St. Petersburg-Or- 30, 33–34. announcing in advance the dates of the lando). filing windows, and the specific paging 11 (Miami) ...... 31–32. geographic areas and channels for 12 (Pittsburgh) ...... 9, 52–53. 13 (Cincinnati-Dayton) ...... 48–50. which applications may be accepted. 14 (Columbus) ...... 51. (e) One grant per geographic area. The 15 (Cleveland) ...... 54–55. FCC may grant one and only one appli- 16 (Detroit) ...... 56–58, 61–62. 17 (Milwaukee) ...... 59–60, 63, 104–105, 108. cation for a paging geographic area au- 18 (Chicago) ...... 64–66, 68, 97, 101. thorization for any specific channel or

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channel pair in any specific paging geo- plies to assign its authorization or for graphic area defined in paragraph (b) of FCC consent to a transfer of control. this section. Selection from among mu- (h) Adjacent geographic area coordina- tually exclusive applications for a pag- tion required. Before constructing a fa- ing geographic area authorization will cility for which the interfering contour be made in accordance with the proce- (as defined in § 22.537 or § 22.567 of this dures in §§ 22.131 and 22.200 through part, as appropriate for the channel in- 22.299. If after the selection process but volved) would extend into another pag- prior to filing a ‘‘long form’’ applica- ing geographic area, a paging geo- tion, a successful bidder decides to par- graphic area licensee must obtain the tition the paging geographic area, the consent of the relevant co-channel pag- FCC may require and accept multiple ing geographic area licensee, if any, ‘‘long form’’ applications from the con- into whose area the interfering contour sortium members. would extend. Licensees are expected (f) Exclusive right to expand. During to cooperate fully and in good faith at- the term of a paging geographic area authorization, the FCC does not ac- tempt to resolve potential interference cept, from anyone other than the pag- problems before bringing matters to ing geographic area licensee, any the FCC. In the event that there is no major application for authorization to co-channel paging geographic area li- operate a facility that would serve censee from whom to obtain consent in unserved area within the paging geo- the area into which the interfering graphic area specified in that paging contour would extend, the facility may geographic area authorization, on the be constructed and operated subject to channel specified in that paging geo- the condition that, at such time as the graphic area authorization, unless any FCC issues a paging geographic area extension of the interfering contour of authorization for that adjacent geo- the proposed facility falls: graphic area, either consent must be (1) Within the composite interfering obtained or the facility modified or contour of another licensee; or, eliminated such that the interfering (2) Into unserved area and the paging contour no longer extends into the ad- geographic area licensee consents to jacent geographic area. such extension. (i) Protection of existing service. All fa- (g) Subsequent applications not accept- cilities constructed and operated pur- ed. During the term of a paging geo- suant to a paging geographic area au- graphic area authorization, the FCC thorization must provide co-channel does not accept any application for au- interference protection in accordance thorization relating to a facility that with § 22.537 or § 22.567, as appropriate is or would be located within the pag- for the channel involved, to all author- ing geographic area specified in that ized co-channel facilities of exclusive paging geographic area authorization, licensees within the paging geographic on the channel specified in that paging area. Non-exclusive licensees on the geographic area authorization, except thirty-five exclusive 929 MHz channels in the following situations: are not entitled to exclusive status, (1) FCC grant of an application au- and will continue to operate under the thorizing the construction of the facility could have a significant environ- sharing arrangements established with mental effect as defined by § 1.1307 of the exclusive licensees and other non- this chapter. See § 22.115(a)(5). exclusive licensees that were in effect (2) Specific international coordina- prior to February 19, 1997. MEA, EA, tion procedures are required, prior to and nationwide geographic area licens- assignment of a channel to the facility, ees have the right to share with non- pursuant to a treaty or other agree- exclusive licensees on the thirty-five ment between the United States gov- exclusive 929 MHz channels on a non- ernment and the government of Canada interfering basis. or Mexico. See § 22.169. (j) Site location restriction. The trans- (3) The paging geographic area li- mitting antenna of each facility con- censee or another licensee of a system structed and operated pursuant to a within the paging geographic area ap- paging geographic area authorization

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must be located within the paging geo- accordance with paragraph (k)(3) of graphic area specified in the authoriza- this section. tion. (3) As an alternative to the coverage (k) Coverage requirements. Failure by requirements of paragraphs (k)(1) and an MEA or EA licensee to meet either (k)(2) of this section, the paging geo- the coverage requirements in para- graphic area licensee may demonstrate graphs (k)(1) and (k)(2) of this section, that, no later than five years after the or alternatively, the substantial serv- initial grant of its paging geographic ice requirement in paragraph (k)(3) of area authorization, it provides substan- this section, will result in automatic tial service to the paging geographic termination of authorizations for those area. ‘‘Substantial service’’ means facilities that were not authorized, service that is sound, favorable, and constructed, and operating at the time substantially above a level of mediocre the geographic area authorization was service that would barely warrant re- granted. MEA and EA licensees have newal. the burden of showing when their fa- [62 FR 11633, Mar. 12, 1997, as amended at 63 cilities were authorized, constructed, FR 68945, Dec. 14, 1998; 64 FR 33782, June 24, and operating, and should retain nec- 1999] essary records of these sites until coverage requirements are fulfilled. For § 22.507 Number of transmitters per the purpose of this paragraph, to station. ‘‘cover’’ area means to include geo- This section concerns the number of graphic area within the composite of transmitters licensed under each sta- the service contour(s) determined by tion authorization in the Paging and the methods of § 22.537 or § 22.567 as ap- Radiotelephone Service, other than propriate for the particular channel in- paging geographic area authorizations. volved. Licensees may determine the (a) Operationally related transmitters. population of geographic areas in- Each station must have at least one cluded within their service contours transmitter. There is no limit to the using either the 1990 census or the 2000 number of transmitters that a station census, but not both. may comprise. However, transmitters (1) No later than three years after within a station should be operation- the initial grant of an MEA or EA geo- ally related and/or should serve the graphic area authorization, the li- same general geographical area. Oper- censee must construct or otherwise ac- ationally related transmitters are quire and operate sufficient facilities those that operate together as a sys- to cover one third of the population in tem (e.g., trunked systems, simulcast the paging geographic area. The li- systems), rather than independently. censee must notify the FCC at the end (b) Split of large systems. The FCC may of the three-year period pursuant to split wide-area systems into two or § 1.946 of this chapter, either that it has more stations for administrative con- satisfied this requirement or that it venience. Except for nationwide paging plans to satisfy the alternative require- and other operationally related trans- ment to provide substantial service in mitters, transmitters that are widely accordance with paragraph (k)(3) of separated geographically are not li- this section. censed under a single authorization. (2) No later than five years after the (c) Consolidation of separate stations. initial grant of an MEA or EA geo- The FCC may consolidate site-specific graphic area authorization, the li- contiguous authorizations upon re- censee must construct or otherwise ac- quest (FCC Form 601) of the licensee, if quire and operate sufficient facilities appropriate under paragraph (a) of this to cover two thirds of the population in section. Paging licensees may include the paging geographic area. The li- remote, stand-alone transmitters under censee must notify the FCC at the end the single system-wide authorization, of the five year period pursuant to if the remote, stand-alone transmitter § 1.946 of this chapter, either that it has is linked to the system via a control/re- satisfied this requirement or that it peater facility or by satellite. Includ- has satisfied the alternative require- ing a remote, stand-alone transmitter ment to provide substantial service in in a system-wide authorization does

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not alter the limitations provided missed, pursuant to § 22.131(c)(3)(ii) and under § 22.503(f) on entities other than § 22.131(c)(4). the paging geographic area licensee. In [59 FR 59956, Nov. 21, 1994, as amended at 61 the alternative, paging licensees may FR 54099, Oct. 17, 1996; 64 FR 33784, June 24, maintain separate site-specific author- 1999] izations for stand-alone or remote transmitters. The earliest expiration § 22.511 Construction period for the date of the authorizations that make Paging and Radiotelephone Service. up the single system-wide authoriza- The construction period for stations tion will determine the expiration date in the Paging and Radiotelephone for the system-wide authorization. Li- Service is one year. censees must file timely renewal applications for site-specific authorizations § 22.513 Partitioning and included in a single system-wide au- disaggregation. thorization request until the request is MEA and EA licensees may apply to approved. Renewal of the system-wide partition their authorized geographic authorization will be subject to § 1.949 service area or disaggregate their au- of this chapter. thorized spectrum at any time fol- (d) Replacement of site-by-site author- lowing grant of their geographic area izations with single authorization. After authorizations. Nationwide geographic a paging geographic area authorization area licensees may apply to partition for a channel has been issued, the FCC their authorized geographic service may, on its own motion, replace the area or disaggregate their authorized authorization(s) of any other licensee spectrum at any time as of August 23, (for facilities located within that pag- 1999. ing geographic area on that channel) (a) Application required. Parties seek- with a single replacement authoriza- ing approval for partitioning and/or tion. disaggregation shall apply for partial assignment of a license pursuant to [62 FR 11634, Mar. 12, 1997, as amended at 63 § 1.948 of this chapter. FR 68945, Dec. 14, 1998; 64 FR 33784, June 24, (b) Partitioning. In the case of parti- 1999] tioning, requests for authorization for partial assignment of a license must § 22.509 Procedures for mutually ex- include, as attachments, a description clusive applications in the Paging and Radiotelephone Service. of the partitioned service area and a calculation of the population of the Mutually exclusive applications in partitioned service area and the au- the Paging and Radiotelephone Serv- thorized geographic service area. The ice, including those that are mutually partitioned service area shall be de- exclusive with applications in the fined by 120 sets of geographic coordi- Rural Radiotelephone Service, are nates at points at every 3 degrees azi- processed in accordance with § 22.131 muth from a point within the parti- and with this section. tioned service area along the parti- (a) Applications in the Paging and tioned service area boundary unless ei- Radiotelephone Service may be mutu- ther an FCC-recognized service area is ally exclusive with applications in the used (e.g., MEA or EA) or county lines Rural Radiotelephone Service if they are followed. The geographical coordi- seek authorization to operate facilities nates must be specified in degrees, on the same channel in the same area, minutes, and seconds to the nearest or the technical proposals are other- second latitude and longitude, and must be based upon the 1983 North wise in conflict. See § 22.567. American Datum (NAD83). In the case (b) A modification application in ei- where FCC-recognized service areas or ther service filed on the earliest filing county lines are used, applicants need date may cause all later-filed mutually only list the specific area(s) through exclusive applications of any type in use of FCC designations or county either service to be ‘‘cut off’’ (excluded names that constitute the partitioned from a same-day filing group) and dis- area.

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(c) Disaggregation. Spectrum may be tification signed by both parties stat- disaggregated in any amount. ing which of the above requirements (d) Combined partitioning and they meet. disaggregation. Licensees may apply for (3) Disaggregatees must submit sup- partial assignment of authorizations porting documents showing compliance that propose combinations of parti- with their coverage requirements as tioning and disaggregation. set forth in § 22.503 (k)(1), (2) and (3). (e) License term. The license term for (4) Parties that accept responsibility a partitioned license area and for for meeting the coverage requirements disaggregated spectrum shall be the re- and later fail to do so will be subject to mainder of the original licensee’s li- automatic license cancellation without cense term as provided for in § 1.955 of further Commission action. this chapter. (f) Coverage requirements for parti- [64 FR 33784, June 24, 1999] tioning. (1) Parties to a partitioning agreement must satisfy at least one of § 22.515 Permissible communications paths. the following requirements: (i) The partitionee must satisfy the Mobile stations may communicate applicable coverage requirements set only with and through base stations. forth in § 22.503(k)(1), (2) and (3) for the Base stations may communicate only partitioned license area; or with mobile stations and receivers on (ii) The original licensee must meet land or surface vessels. the coverage requirements set forth in § 22.503(k)(1), (2) and (3) for the entire § 22.527 Signal boosters. geographic area. In this case, the Licensees may install and operate partitionee must meet only the re- signal boosters on channels listed in quirements for renewal of its author- § 22.531 only in accordance with the pro- ization for the partitioned license area. visions of § 22.165 governing additional (2) Parties seeking authority to par- transmitters for existing systems. Li- tition must submit with their partial censees must not allow any signal assignment application a certification booster that they operate to cause in- signed by both parties stating which of terference to the service or operation the above options they select. of any other authorized stations or sys- (3) Partitionees must submit sup- tems. porting documents showing compliance with their coverage requirements as [61 FR 31051, June 19, 1996] set forth in § 22.503(k)(1), (2) and (3). (4) Failure by any partitionee to § 22.529 Application requirements for the Paging and Radiotelephone meet its coverage requirements will re- Service. sult in automatic cancellation of the partitioned authorization without fur- In addition to information required ther Commission action. by subparts B and D of this part, appli- (g) Coverage requirements for cations for authorization in the Paging disaggregation. (1) Parties to a and Radiotelephone Service contain re- disaggregation agreement must satisfy quired information as described in the at least one of the following require- instructions to the form. Site coordi- ments: nates must be referenced to NAD83 and (i) Either the disaggregator or be correct to + ¥1 second. disaggregatee must satisfy the cov- (a) Administrative information. The fol- erage requirements set forth in § 22.503 lowing information, associated with (k)(1), (2) and (3) for the entire license Form 601, is required as indicated. area; or Each application of any type, including (ii) Parties must agree to share re- applications for paging geographic area sponsibility for meeting the coverage authorizations, must contain one and requirements set forth in § 22.503 (k)(1), only one Schedule A. (2) and (3) for the entire license area. (1) The purpose of the filing is re- (2) Parties seeking authority to quired for each application of any type. disaggregate must submit with their (2) The geographic area designator, partial assignment application a cer- channel and geographic area name are

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required only for each application for a the shortest distance (in kilometers) to paging geographic area authorization. the boundary of that geographic area. (3) The FCC control point number, if (3) The height (in meters) above aver- any, the location (street address, city age terrain of the center of radiation of or town, state), the telephone number the antenna, the beamwidth of the and an indication of the desired data- main lobe of the horizontal radiation base action are required only for each pattern of the electric field of the an- application proposing to add or delete a tenna, the height (in meters) to the tip control point. of the antenna above ground level, a (4) The FCC location number, file polar plot of the horizontal gain pat- number and location (street address, tern of the antenna, the antenna gain city or town, state) of authorized fa- in the maximum lobe and the electric cilities that have not been constructed field polarization of the wave emitted are required only for each application by the antenna when installed as pro- requesting an extension of time to con- posed. struct those facilities. (b) Technical data. The following (i) The center frequency of the re- data, associated with FCC Form 601, quested channel, the transmitter clas- are required as indicated for each ap- sification (e.g. base, fixed mobile), the plication. Applications for a paging ge- designator for any non-standard emis- ographic area authorization must not sion type to be used, including band- contain Schedule B. Other type of ap- width and modulation type, and the plications may contain as many Sched- maximum effective radiated power. ule Bs as are necessary for the intended (ii) For each of the eight cardinal purpose. radials, the antenna height above the (1) For each transmitting antenna average elevation along the radial, and site to be added, deleted or modified, the effective radiated power of each the following are required: an indica- transmitter in the direction of the ration of the desired database action, the dial. Commission location number, if any, (iii) For each transmitter proposed to the street address or other description transmit on a channel reserved for of the transmitting antenna site, the point-to-multipoint operation involv- city, county and state, the geographic ing transmission to four or more points coordinates (latitude and longitude), of communications (i.e. base transmit- correct to ±1 second, of the transmitters), the following is required for each ting antenna site (NAD83), and in the point of communication: an indication case of a proposed relocation of a of the desired database action, the lo- transmitting antenna, the Commission cation (city or town, state), and the location number and geographic co- geographical coordinates (latitude and ± ordinates, correct to 1 second, of the longitude, NAD 83). transmitting antenna site (NAD83) to (c) Upon request by an applicant, li- which the geographic coordinates of censee, or the Commission, a part 22 the current location are referenced. applicant or licensee of whom the re- (2) For each transmitting antenna quest is made shall furnish the antenna site to be added, deleted or modified, type, model, and the name of the an- the following supplementary informa- tenna manufacturer to the requesting tion is required: An indication as to party within ten (10) days of receiving whether or not the transmitting antenna site is within 200 kilometers (124 written notification. miles) of the U.S.-Mexico border, and [62 FR 11635, Mar. 12, 1997, as amended at 63 an indication as to whether or not the FR 68945, Dec. 14, 1998; 64 FR 53240, Oct. 1, transmitting antenna site is North of 1999] Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chap- PAGING OPERATION ter. For each adjacent geographic area within 200 kilometers (124 miles) of § 22.531 Channels for paging oper- each transmitting antenna site to be ation. added, deleted or modified, the geo- The following channels are allocated graphic area designator and name, and for assignment to base transmitters

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that provide paging service, either in- 931.0625 931.2625 931.4625 931.6375 dividually or collectively under a pag- 931.1125 931.2875 931.4875 931.8625 ing geographic area authorization. Un- 931.1375 931.3125 931.5125 less otherwise indicated, all channels 931.1625 931.3375 931.5375 931.1875 931.3625 931.5625 have a bandwidth of 20 kHz and are designated by their center frequencies in (3) Longitudes other than specified in MegaHertz. paragraphs (e)(1) and (e)(2) of this sec- Low VHF Channels tion: 35.20 35.46 43.20 43.46 931.0125 931.1625 931.2875 931.4125 35.22 35.50 43.22 43.50 931.0375 931.1875 931.3125 931.4625 35.24 35.54 43.24 43.54 931.0625 931.2125 931.3375 931.8625 35.26 35.56 43.26 43.56 931.1125 931.2375 931.3625 35.30 35.58 43.30 43.58 931.1375 931.2625 931.3875 35.34 35.60 43.34 43.60 (4) At any longitude, with authoriza- 35.38 35.62 43.38 43.62 tion condition requiring coordinated, 35.42 35.66 43.42 43.66 shared use and equal access by licens- High VHF Channels ees in both countries: 152.24 152.84 158.10 158.70 931.4375 931.8875 931.9125 931.9375 UHF Channels 931.0125 931.2625 931.5125 931.7625 (f) For the purpose of issuing paging 931.0375 931.2875 931.5375 931.7875 geographic authorizations, the paging 931.0625 931.3125 931.5625 931.8125 geographic areas used for UHF chan- 931.0875 931.3375 931.5875 931.8375 nels are the MEAs, and the paging geo- 931.1125 931.3625 931.6125 931.8625 graphic areas used for the low and high 931.1375 931.3875 931.6375 931.8875 VHF channels are the EAs (see 931.1625 931.4125 931.6625 931.9125 § 22.503(b)). 931.1875 931.4375 931.6875 931.9375 931.2125 931.4625 931.7125 931.9625 [59 FR 59507, Nov. 17, 1994, as amended at 59 931.2375 931.4875 931.7375 931.9875 FR 59954, Nov. 21, 1994; 62 FR 11635, Mar. 12, (a)–(b) [Reserved] 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, June 24, 1999; 70 FR 19309, Apr. 13, 2005] (c) Upon application using FCC Form 601, common carriers may be author- § 22.535 Effective radiated power lim- ized to provide one-way paging service its. using the leased subcarrier facilities of The effective radiated power (ERP) of broadcast stations licensed under part transmitters operating on the channels 73 of this chapter. listed in § 22.531 must not exceed the (d) Occasionally in case law and limits in this section. other formal and informal documents, (a) Maximum ERP. The ERP must not the low VHF channels have been re- exceed the applicable limits in this ferred to as ‘‘lowband’’ channels, and paragraph under any circumstances. the high VHF channels have been referred to as ‘‘guardband’’ channels. Frequency range (MHz) Maximum (e) Pursuant to the U.S.-Canada In- ERP (Watts) terim Coordination Considerations for 35–36 ...... 600 929–932 MHz, as amended, only the fol- 43–44 ...... 500 lowing UHF channels may be assigned 152–159 ...... 1400 931–932 ...... 3500 in the continental United States North of Line A or in the State of Alaska (b) Basic power limit. Except as pro- East of Line C, within the indicated vided in paragraph (d) of this section, longitudes: the ERP of transmitters on the VHF (1) From longitude W.73° to longitude channels must not exceed 500 Watts. W.75° and from longitude W.78° to lon- (c) Height-power limit. Except as pro- gitude W.81°: vided in paragraph (d) of this section, 931.0125 931.1125 931.1875 931.2625 the ERP of transmitters on the VHF 931.0375 931.1375 931.2125 931.8625 channels must not exceed the amount 931.0625 931.1625 931.2375 that would result in an average dis- (2) From longitude W.81° to longitude tance to the service contour of 32.2 kil- W.85°: ometers (20 miles). The average dis- 931.0125 931.2125 931.3875 931.5875 tance to the service contour is cal- 931.0375 931.2375 931.4125 931.6125 culated by taking the arithmetic mean 75

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of the distances determined using the (1) The interfering contour of the procedures specified in § 22.537 for the proposed transmitter does not overlap eight cardinal radial directions, ex- the service contour of any protected cluding cardinal radial directions for co-channel transmitter controlled by a which 90% or more of the distance so carrier other than the applicant, unless calculated is over water. that carrier has agreed in writing to (d) Encompassed interfering contour accept any interference that may re- areas. Transmitters are exempt from sult from operation of the proposed the basic power and height-power lim- transmitter; and, its of this section if the area within (2) The service contour of the pro- their interfering contours is totally en- posed transmitter does not overlap the compassed by the interfering contours interfering contour of any protected of operating co-channel base transmit- co-channel transmitter controlled by a ters controlled by the same licensee. carrier other than the applicant, unless For the purpose of this paragraph, op- the applicant agrees to accept any in- erating transmitters are authorized terference that may result from oper- transmitters that are providing service ation of the protected co-channel to subscribers. transmitter; and, (e) Adjacent channel protection. The (3) The area and/or population to ERP of transmitters must not exceed which service would be provided by the 500 Watts if they: proposed transmitter is substantial, (1) Transmit on a channel in the 152– and service gained would exceed that 159 MHz frequency range and are lo- lost as a result of agreements to accept cated less than 5 kilometers (3.1 miles) interference. from any station licensed in the Pri- (b) Protected transmitter. For the pur- vate Radio Services that receives on an poses of this section, protected trans- adjacent channel; or, mitters are authorized transmitters for (2) Transmit on channel 158.10 or which there is a current FCC public 158.70 MHz and are located less than 5 record and transmitters proposed in kilometers (3.1 miles) from any station prior-filed pending applications. licensed in the Public Mobile Services (c) VHF service contour. For paging that receives on either of the following stations transmitting on the VHF adjacent channels: 158.07 MHz or 158.67 channels, the distance from the trans- MHz. mitting antenna to the service contour (f) Signal boosters. The effective radi- along each cardinal radial is calculated ated power of signal boosters must not as follows: exceed 5 watts ERP under any normal d = 1.243 × h0.40 × p0.20 operating condition. where d is the radial distance in kilometers [59 FR 59507, Nov. 17, 1994, as amended at 61 h is the radial antenna HAAT in meters FR 31051, June 19, 1996] p is the radial ERP in Watts (1) Whenever the actual HAAT is less § 22.537 Technical channel assignment than 30 meters (98 feet), 30 must be criteria. used as the value for h in the above for- The rules in this section establish mula. technical assignment criteria for the (2) The value used for p in the above channels listed in § 22.531. These cri- formula must not be less than 27 dB teria permit channel assignments to be less than the maximum ERP in any di- made in a manner such that reception rection or 0.1 Watt, whichever is more. by public paging receivers of signals (3) The distance from the transmit- from base transmitters, within the ting antenna to the service contour service area of such base transmitters, along any radial other than the eight is protected from interference caused cardinal radials is routinely calculated by the operation of independent co- by linear interpolation of distance as a channel base transmitters. function of angle. However, in resolv- (a) Contour overlap. The FCC may ing petitions to deny, the FCC may cal- grant an application requesting assign- culate the distance to the service con- ment of a channel to a proposed base tour using the formula in paragraph (c) transmitter only if: of this section with actual HAAT and

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ERP data for the inter-station radial less than the maximum ERP in any di- and additional radials above and below rection or 0.1 Watt, whichever is more. the inter-station radial at 2.5° inter- (3) The distance from the transmit- vals. ting antenna to the interfering contour (d) VHF interfering contour. For pag- along any radial other than the eight ing stations transmitting on the VHF cardinal radials is routinely calculated channels, the distance from the trans- by linear interpolation of distance as a mitting antenna to the interfering con- function of angle. In resolving peti- tour along each cardinal radial is cal- tions to deny, however, the FCC may culated as follows: calculate the distance to the interfering contour using the formula in d = 6.509 × h0.28 × p0.17 paragraph (d) of this section with ac- where d is the radial distance in kilometers tual HAAT and ERP data for the inter- h is the radial antenna HAAT in meters station radial and additional radials p is the radial ERP in Watts above and below the inter-station radial at 2.5° intervals. (1) Whenever the actual HAAT is less (e) 931 MHz service contour. For pag- than 30 meters (98 feet), 30 must be ing stations transmitting on the 931 used as the value for h in the above for- MHz channels, the service contour is a mula. circle, centered on the transmitting (2) The value used for p in the above antenna, with a radius determined formula must not be less than 27 dB 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 is a circle, centered on the transmit- paging stations transmitting on the 931 ting antenna, with a radius determined MHz channels, the interfering contour 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 +

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TABLE E—2–931 MHZ PAGING INTERFERING RADII—Continued

Interfering radius km (miles) Effective radiated power (Watts) Antenna HAAT meters (feet) 0–125 126–250 251–500 501–1000 1001–1860 1861–3500

(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 contour exceeds 76.5 kilometers (47.5 locations of in-building radiation sys- miles). tems must be within the service con- (2) For each protected transmitter tour(s) of the licensee’s authorized identified, show the results of distance transmitter(s) on the same channel. In- calculations indicating that there building radiation systems are not pro- would be no overlap of service and tected facilities, and therefore do not interfering contours, or alternatively, have service or interfering contours. indicate that the licensee of or appli- (h) Signal boosters on 931 MHz chan- cant for the protected transmitter and/ nels. For the purpose of compliance or the applicant, as required, have with § 22.165 and notwithstanding para- agreed in writing to accept any inter- graphs (e) and (f) of this section, signal ference resulting from operation of the boosters operating on the 931 MHz proposed transmitter. channels with an antenna HAAT not (b) Encompassment exhibit. An exhibit exceeding 30 meters (98 feet) are showing that the area within the inter- deemed to have as a service contour a fering contour of the proposed trans- circle with a radius of 1.0 kilometer (0.6 mitter would be totally encompassed mile) and as an interfering contour a circle with a radius of 10 kilometers by interfering contours of operating co- (6.2 miles). channel base transmitters controlled by the applicant is required for appli- [59 FR 59507, Nov. 17, 1994, as amended at 61 cations to operate a transmitter with FR 31051, June 19, 1996] ERP exceeding the basic power and height-power limits of § 22.535. For VHF § 22.559 Paging application requirements. transmitters, this encompassment exhibit may substitute for the inter- In addition to information required ference exhibit required in paragraph by subparts B and D and § 22.529, appli- (a) of this section. cations for authorization to operate a paging transmitter on the channels [59 FR 59507, Nov. 17, 1994, as amended at 62 listed in § 22.531, other than applica- FR 11636, Mar. 12, 1997] tions for a paging geographic area authorization, must contain the applica- ONE-WAY OR TWO-WAY MOBILE ble supplementary information de- OPERATION scribed in this section. § 22.561 Channels for one-way or two- (a) Interference exhibit. Except as pro- way mobile operation. vided in paragraph (b) of this section, an exhibit demonstrating compliance The following channels are allocated with § 22.537 with regard to protected for paired assignment to transmitters transmitters is required for applica- that provide (or support other trans- tions to operate a transmitter on the mitters that provide) one-way or two- VHF channels. This exhibit must: way public land mobile service, either (1) Identify each protected trans- individually or collectively under a mitter located within 109 kilometers paging geographic area authorization. (68 miles) of the proposed transmitter The paging geographic areas used for in directions in which the distance to these channels are the EAs (see the interfering contour is 76.5 kilo- § 22.503(b)(3)). These channels may be meters (47.5 miles) or less, and within assigned for use by mobile or base 178 kilometers (111 miles) of the pro- transmitters as indicated, and or by posed transmitter in directions in fixed transmitters (including control, which the distance to the interfering repeater or other fixed transmitters).

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The mobile channels may also be as- (c) Height-power limits. Except as pro- signed for use by base or fixed trans- vided in paragraph (d) of this section, mitters under certain circumstances the ERP of base transmitters must not (see § 22.567(h)). Unless otherwise indi- exceed the amount that would result in cated, all channels have a bandwidth of an average distance to the service con- 20 kHz and are designated by their cen- tour of 41.6 kilometers (26 miles) for ter frequencies in MegaHertz. VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average Base Mobile Base Mobile distance to the service contour is calculated by taking the arithmetic mean VHF Channels of the distances determined using the 152.03 ...... 158.49 152.57 ...... 157.83 procedures specified in § 22.567 for the 152.06 ...... 158.52 152.60 ...... 157.86 eight cardinal radial directions, ex- 152.09 ...... 158.55 152.63 ...... 157.89 cluding cardinal radial directions for 152.12 ...... 158.58 152.66 ...... 157.92 which 90% or more of the distance so 152.15 ...... 158.61 152.69 ...... 157.95 calculated is over water. 152.18 ...... 158.64 152.72 ...... 157.98 (d) Encompassed interfering contour 152.21 ...... 158.67 152.75 ...... 158.01 152.51 ...... 157.77 152.78 ...... 158.04 areas. Base transmitters are exempt 152.54 ...... 157.80 152.81 ...... 158.07 from the basic power and height-power limits of this section if the area within UHF Channels their interfering contours is totally encompassed by the interfering contours 454.025 ...... 459.025 454.350 ...... 459.350 of operating co-channel based trans- 454.050 ...... 459.050 454.375 ...... 459.375 mitters controlled by the same li- 454.075 ...... 459.075 454.400 ...... 459.400 censee. For the purpose of this para- 454.100 ...... 459.100 454.425 ...... 459.425 graph, operating transmitters are au- 454.125 ...... 459.125 454.450 ...... 459.450 454.150 ...... 459.150 454.475 ...... 459.475 thorized transmitters that are pro- 454.175 ...... 459.175 454.500 ...... 459.500 viding service to subscribers. 454.200 ...... 459.200 454.525 ...... 459.525 (e) Adjacent channel protection. The 454.225 ...... 459.225 454.550 ...... 459.550 ERP of base and fixed transmitters 454.250 ...... 459.250 454.575 ...... 459.575 must not exceed 500 Watts if they 454.275 ...... 459.275 454.600 ...... 459.600 transmit on channel 454.025 MHz and 454.300 ...... 459.300 454.625 ...... 459.625 are located less than 7 kilometers (4.3 454.325 ...... 459.325 454.650 ...... 459.650 miles) from any Private Radio Services station receiving on adjacent channel [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 454.0000 MHz. 1995, as amended at 62 FR 11636, Mar. 12, 1997] (f) Mobile transmitters. The trans- § 22.565 Transmitting power limits. mitter output power of mobile transmitters must not exceed 60 watts. The transmitting power of base, mobile and fixed transmitters operating [59 FR 59507, Nov. 17, 1994, as amended at 70 on the channels listed in § 22.561 must FR 19309, Apr. 13, 2005] not exceed the limits in this section. (a) Maximum ERP. The effective radi- § 22.567 Technical channel assignment ated power (ERP) of base and fixed criteria. transmitters must not exceed the ap- The rules in this section establish plicable limits in this paragraph under technical assignment criteria for the any circumstances. channels listed in § 22.561. The criteria in paragraphs (a) through (f) of this Maximum Frequency range (MHz) ERP (watts) section permit channel assignments to be made in a manner such that recep- 152–153 ...... 1400 tion by public mobile receivers of sig- 157–159 ...... 150 454–455 ...... 3500 nals from base transmitters, within the 459–460 ...... 150 service area of such base transmitters, is protected from interference caused (b) Basic power limit. Except as pro- by the operation of independent co- vided in paragraph (d) of this section, channel base and fixed transmitters in the ERP of base transmitters must not the Paging and Radiotelephone Service exceed 500 Watts. and central office stations, including

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Basic Exchange Telephone Radio Sys- prior-filed pending applications, in the tems (BETRS), in the Rural Radio- Paging and Radiotelephone Service and telephone Service. Additional criteria the Rural Radiotelephone Service. in paragraph (g) of this section permit (c) VHF service contour. For base sta- channel assignments to be made in a tions transmitting on the VHF chan- manner such that BETRS communica- nels, the radial distance from the tions are protected from interference transmitting antenna to the service caused by the operation of independent contour along each cardinal radial is co-channel base and fixed transmitters calculated as follows: in the Paging and Radiotelephone d = 1.609 × h0.40 × p0.20 Service and other central office stations in the Rural Radiotelephone where: Service. Separate criteria in paragraph d is the radial distance in kilometers (h) of this section apply only to assign- h is the radial antenna HAAT in meters ment of the channels designated in p is the radial ERP in Watts § 22.561 as mobile channels to base and (1) Whenever the actual HAAT is less fixed transmitters, and permit these than 30 meters (98 feet), 30 must be channel assignments to be made in a used as the value for h in the above for- manner such that reception by public mula. base and fixed receivers of signals from (2) The value used for p in the above associated mobile and fixed transmit- formula must not be less than 27 dB ters is protected from interference less than the maximum ERP in any di- caused by the operation of independent rection, or 0.1 Watt, whichever is more. co-channel base and fixed transmitters. (3) The distance from the transmit- (a) Contour overlap. The FCC may ting antenna to the service contour grant an application requesting assign- along any radial other than the eight ment of a channel to a proposed base, cardinal radials is routinely calculated fixed or central office station trans- by linear interpolation of distance as a mitter only if: function of angle. However, in resolv- (1) The interfering contour of the ing petitions to deny, the FCC may cal- proposed transmitter does not overlap culate the distance to the service con- the service contour of any protected tour using the formula in paragraph (c) co-channel transmitter controlled by a of this section with actual HAAT and carrier other than the applicant, unless ERP data for the inter-station radial that carrier has agreed in writing to and additional radials above and below accept any interference that may re- the inter-station radial at 2.5° inter- sult from operation of the proposed vals. transmitter; and (d) VHF interfering contour. For base (2) The service contour of the pro- and fixed stations transmitting on the posed transmitter does not overlap the VHF channels, the radial distance from interfering contour of any protected the transmitting antenna to the inter- co-channel transmitter controlled by a fering contour along each cardinal ra- carrier other than the applicant, unless dial is calculated as follows: the application contains a statement (1) If the radial antenna HAAT is less that the applicant agrees to accept any than 150 meters: interference that may result from operation of the protected co-channel d = 8.577 × h0.24 × p0.19 transmitter; and where: (3) The area and/or population to d is the radial distance in kilometers which service would be provided by the h is the radial antenna HAAT in meters proposed transmitter is substantial, p is the radial ERP in Watts and service gained would exceed that Whenever the actual HAAT is less lost as a result of agreements to accept than 30 meters (98 feet), 30 must be interference. used as the value for h in the above for- (b) Protected transmitter. For the pur- mula. poses of this section, protected trans- (2) If the radial antenna HAAT is 150 mitters are authorized transmitters for meters or more: which there is a current FCC public record and transmitters proposed in d = 12.306 × h0.23 × p0.14

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where: the transmitting antenna to the inter- d is the radial distance in kilometers fering contour along each cardinal ra- h is the radial antenna HAAT in meters dial is calculated as follows: p is the radial ERP in Watts (1) If the radial antenna HAAT is less (3) The value used for p in the above than 150 meters: formulas must not be less than 27 dB d = 9.471 × h0.23 × p0.15 less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. where: (4) The distance from the transmit- d is the radial distance in kilometers ting antenna to the interfering contour h is the radial antenna HAAT in meters along any radial other than the eight p is the radial ERP in Watts cardinal radials is routinely calculated Whenever the actual HAAT is less by linear interpolation of distance as a than 30 meters (98 feet), 30 must be function of angle. However, in resolv- used as the value for h in the above for- ing petitions to deny, the FCC may cal- mula. culate the distance to the interfering (2) If the radial antenna HAAT is 150 contour using the appropriate formula meters or more: in paragraph (d) of this section with actual HAAT and ERP data for the inter- d = 6.336 × h0.31 × p0.15 station radial and additional radials where: above and below the inter-station ra- d is the radial distance in kilometers dial at 2.5° intervals. h is the radial antenna HAAT in meters (e) UHF service contour. For base sta- p is the radial ERP in Watts tions transmitting on the UHF channels, the radial distance from the (3) The value used for p in the above transmitting antenna to the service formula must not be less than 27 dB contour along each cardinal radial is less than the maximum ERP in any di- calculated as follows: rection, or 0.1 Watt, whichever is more. (4) The distance from the transmit- d = 1.726 × h0.35 × p0.18 ting antenna to the interfering contour where: along any radial other than the eight d is the radial distance in kilometers cardinal radials is routinely calculated h is the radial antenna HAAT in meters by linear interpolation of distance as a p is the radial ERP in Watts function of angle. However, in resolving petitions to deny, the FCC may cal- (1) Whenever the actual HAAT is less culate the distance to the interfering than 30 meters (98 feet), 30 must be contour using the appropriate formula used as the value for h in the above for- in paragraph (f) of this section with ac- mula. tual HAAT and ERP data for the inter- (2) The value used for p in the above station radial and additional radials formula must not be less than 27 dB above and below the inter-station ra- less than the maximum ERP in any di- dial at 2.5° intervals. rection, or 0.1 Watt, whichever is more. (g) Protection for BETRS. In applying (3) The distance from the transmit- the provisions of paragraph (a) of this ting antenna to the service contour section, if either or both of the trans- along any radial other than the eight mitters involved is a BETRS central cardinal radials is routinely calculated office station, the following contour by linear interpolation of distance as a substitutions must be used: function of angle. However, in resolv- (1) The service contour of the BETRS ing petitions to deny, the FCC may cal- central office station(s) is a circle, cen- culate the distance to the service con- tered on the central office station an- tour using the formula in paragraph (e) tenna, with a radius of 40 kilometers of this section with actual HAAT and (25 miles). ERP data for the inter-station radial (2) The interfering contour of any and addition radials above and below station of any type, when determining the below the inter-station radial at whether it would overlap the service 2.5° intervals. contour of a BETRS central office sta- (f) UHF interfering contour. For base tion, is calculated as follows: and fixed stations transmitting on the UHF channels, the radial distance from d = 36.364 × h0.2 × p0.1

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where: § 22.575 Use of mobile channel for re- d is the radial distance in kilometers mote control of station functions. h is the radial antenna HAAT in meters Carriers may remotely control sta- p is the radial ERP in Watts tion functions (e.g. shut down or reac- Whenever the actual HAAT is less tivate base transmitters, turn aviation than 30 meters (98 feet), 30 must be obstruction warning lights on or off, used as the value for h in the above for- etc.) using a control transmitter oper- mula. The value used for p in the above ating on a mobile channel, subject to formula must not be less than 27 dB the conditions in this section and in less than the maximum ERP in any di- § 22.567(h). rection, or 0.1 Watt, whichever is more. (a) The control transmitter must be (h) Assignment of mobile channels to capable of overriding transmissions base or fixed transmitters. Mobile chan- from subscriber-operated transmitters nels may be assigned to base or fixed if necessary. Subscriber-operated transmitters must not be capable of transmitters if the following criteria being used to deliberately or acciden- are met: tally prevent the licensee from control- (1) The paired base channel, as des- ling the station. ignated in § 22.561, is assigned to base (b) The licensee must implement transmitters in the same geographical measures designed to prevent station area operated by the same licensee. functions from being controlled by per- (2) The authorization is granted sub- sons not authorized by the licensee to ject to the condition that no inter- control the station. ference be caused to fixed receivers in (c) The control transmitter location use on or prior to the date of the grant. must be within the composite service contour of the licensee’s authorized § 22.571 Responsibility for mobile stations. station on the paired base channel. Mobile stations that are subscribers § 22.579 Operation of mobile transmit- in good standing to a two-way service ters across U.S.-Canada border. in the Paging and Radiotelephone Mobile stations licensed by Canada Service, when receiving service from may receive two-way service while in that station, are considered to be oper- the United States from stations li- ating under the authorization of that censed under this part, after authoriza- station. Licensees are responsible for tion has been granted by the FCC. Mo- exercising effective operational control bile stations that normally operate over mobile stations receiving service under the authority of base stations li- through their stations. Mobile stations censed under this part may receive that are subscribers in good standing two-way service while in Canada from to a two-way service in the Paging and stations licensed under this part or by Radiotelephone Service, while receiv- Canada, upon authorization by Canada. ing service from a different station, are considered to be operating under the § 22.589 One-way or two-way applica- authorization of such different station. tion requirements. The licensee of such different station is In addition to information required responsible, during such temporary pe- by subparts B and D and § 22.529, appli- riod, for exercising effective oper- cations for authorization to operate a ational control over such mobile sta- paging transmitter on the channels tions as if they were subscribers to it. listed in § 22.531, other than applications for a paging geographic area au- § 22.573 Use of base transmitters as re- thorization, must contain the applica- peaters. ble supplementary information de- As an additional function, base trans- scribed in this section. mitters may be used as repeaters. Li- (a) Interference exhibit. Except as pro- censees must be able to turn the base vided in paragraph (b) of this section, transmitter on or off from the control an exhibit demonstrating compliance point regardless of whether a sub- with § 22.567 with regard to protected scriber-operated transmitter is trans- transmitters is required. This exhibit mitting. must:

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(1) For UHF channels, identify each POINT-TO-POINT OPERATION protected transmitter located within 108 kilometers (67 miles) of the pro- § 22.591 Channels for point-to-point posed transmitter in directions in operation. which the distance to the interfering The following channels are allocated contour is 76.4 kilometers (47.5 miles) for assignment to fixed transmitters or less, and within 178 kilometers (111 that support other transmitters that miles) of the proposed transmitter in provide public mobile service. Unless directions in which the distance to the otherwise indicated, all channels have interfering contour exceeds 76.4 kilo- a bandwidth of 20 kHz and are des- meters (47.5 miles); and identify each ignated by their center frequencies in protected Basic Exchange Telephone MegaHertz. Radio System central office trans- VHF Channels mitter in the Rural Radiotelephone 72.02 72.36 72.80 75.66 Service within 231 kilometers (144 72.04 72.38 72.82 75.68 miles), 72.06 72.40 72.84 75.70 (2) For VHF channels, identify each 72.08 72.42 72.86 75.72 protected transmitter located within 72.10 72.46 72.88 75.74 135 kilometers (84 miles) of the pro- 72.12 72.50 72.90 75.76 posed transmitter in directions in 72.14 72.54 72.92 75.78 which the distance to the interfering 72.16 72.58 72.94 75.80 contour is 93.3 kilometers (58 miles) or 72.18 72.62 72.96 75.82 less, and within 178 kilometers (111 72.20 72.64 72.98 75.84 miles) of the proposed transmitter in 72.22 72.66 75.42 75.86 directions in which the distance to the 72.24 72.68 75.46 75.88 72.26 72.70 75.50 75.90 interfering contour exceeds 93.3 kilo- 72.28 72.72 75.54 75.92 meters (58 miles). 72.30 72.74 75.58 75.94 (3) For each protected transmitter 72.32 72.76 75.62 75.96 identified, show the results of distance 72.34 72.78 75.64 75.98 calculations indicating that there 72.10 72.46 72.88 75.74 would be no overlap of service and 72.12 72.50 72.90 75.76 interfering contours, or alternatively, 72.14 72.54 72.92 75.78 indicate that the licensee of or appli- 72.16 72.58 72.94 75.80 cant for the protected transmitter and/ 72.18 72.62 72.96 75.82 or the applicant, as required, have 72.20 72.64 72.98 75.84 agreed in writing to accept any inter- 72.22 72.66 75.42 75.86 ference resulting from operation of the 72.24 72.68 75.46 75.88 proposed transmitter. 72.26 72.70 75.50 75.90 (b) Encompassment exhibit. An exhibit 72.28 72.72 75.54 75.92 showing that the area within the inter- 72.30 72.74 75.58 75.94 fering contour of the proposed trans- 72.32 72.76 75.62 75.96 72.34 72.78 75.64 75.98 mitter would be totally encompassed by interfering contours of operating co- UHF Channels—State of Hawaii channel base transmitters controlled 488.250 .... 491.250 489.750 .... 492.750 by the applicant is required for appli- 488.750 .... 491.750 490.250 .... 493.250 cations to operate a transmitter with 489.250 .... 492.250 490.750 .... 493.750 ERP exceeding the basic power and (a) The 72–76 MHz channels may be height-power limits of § 22.565. This en- used in point-to-multipoint configura- compassment exhibit may substitute tions. The 72–76 MHz channels are also for the interference exhibit required in allocated for assignment in the Private paragraph (a) of this section. Radio Services (see part 90 of this chap- [59 FR 59507, Nov. 17, 1994, as amended at 62 ter). FR 11636, Mar. 12, 1997] (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

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fixed stations located in the State of proposal was coordinated. In the event Hawaii. that technical problems are not resolved or if an affected party does not [59 FR 59507, Nov. 17, 1994; 60 FR 9889, Feb. 22, 1995, as amended at 70 FR 19309, Apr. 13, 2005; respond to coordination efforts within 78 FR 25174, Apr. 29, 2013] 30 days after notification, an explanation must be contained in the appli- § 22.593 Effective radiated power lim- cation. Where technical conflicts are its. resolved by an agreement between the The effective radiated power of fixed parties that requires special procedures stations operating on the channels list- to reduce the likelihood of harmful in- ed in § 22.591 must not exceed 150 Watts. terference (such as the use of artificial The equivalent isotropically radiated site shielding), or would result in a re- power of existing fixed microwave sta- duction of quality or capacity of either tions (2110–2130 and 2160–2180 MHz) li- system, the details thereof must be censed under this part (pursuant to contained in the application. former rules) must not exceed the ap- (c) Bandwidth. Applicants must re- plicable limits set forth in § 101.113 of quest the minimum emission band- this chapter. width necessary. The FCC does not au- [70 FR 19309, Apr. 13, 2005] thorize bandwidths larger than 800 kHz under this part. § 22.601 Existing microwave stations [59 FR 59507, Nov. 17, 1994, as amended at 70 licensed under this part. FR 19309, Apr. 13, 2005] Existing microwave stations (2110– 2130 and 2160–2180 MHz) licensed under § 22.602 Transition of the 2110–2130 this part (pursuant to former rules) are and 2160–2180 MHz channels to subject to the transition rules in emerging technologies. § 22.602. No new microwave systems will The 2110–2130 and 2160–2180 MHz be authorized under this part. microwave channels formerly listed in (a) Coordination required. Before filing § 22.591 have been re-allocated for use applications for authority to modify by emerging technologies (ET) serv- existing stations on these channels or ices. No new systems will be authorized major amendments to such applica- under this part. The rules in this sections, carriers must coordinate the tion provide for a transition period planned channel usage, using the pro- during which existing Paging and Ra- cedure outlined in § 22.150, with affected diotelephone Service (PARS) licensees parties in this radio service and the using these channels may relocate op- Point-to-Point Microwave Service and erations to other media or to other the Multipoint Distribution Service. fixed channels, including those in other Affected parties are licensees and other microwave bands. For PARS licensees applicants with previously filed pend- relocating operations to other micro- ing applications whose stations could wave bands, authorization must be ob- affect or be affected by the proposed tained under part 101 of this chapter. modification of the existing station in (a) Licensees proposing to implement terms of interference. ET services may negotiate with PARS (b) System parameters. In designing a system modification, the applicant licensees authorized to use these chan- must select sites, equipment and channels, for the purpose of agreeing to nels that will avoid harmful inter- terms under which the PARS licensees ference to other users. All parties must would— cooperate fully and make reasonable (1) Relocate their operations to other efforts to resolve technical problems fixed microwave bands or other media, and conflicts that may inhibit the or alternatively, most effective and efficient use of the (2) Accept a sharing arrangement radio spectrum; however, a party re- with the ET licensee that may result in ceiving notification is not obligated to an otherwise impermissible level of in- suggest changes or re-design a proposal terference to the PARS operations. in cases involving conflicts. The appli- (b) [Reserved] cant must identify in the application (c) Relocation of fixed microwave li- all parties with which the technical censees in the 2110–2130 MHz and 2160–

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2180 MHz bands will be subject to man- clude a specification for the com- datory negotiations only. A separate parable facility and a statement of the mandatory negotiation period will costs associated with providing that fa- commence for each fixed microwave li- cility to the incumbent licensee. censee when an ET licensee informs (e) Involuntary period. After the end that fixed microwave licensee in writ- of the mandatory negotiation period, ing of its desire to negotiate. Manda- ET licensees may initiate involuntary tory negotiation periods are defined as relocation procedures under the Com- follows: mission’s rules. ET licensees are obli- (1) Non-public safety incumbents will gated to pay to relocate only the spe- have a two-year mandatory negotia- cific microwave links to which their tion period; and systems pose an interference problem. (2) Public safety incumbents will Under involuntary relocation, a PARS have a three-year mandatory negotia- licensee is required to relocate, pro- tion period. vided that: (d) The mandatory negotiation period (1) The ET applicant, provider, li- is triggered at the option of the ET licensee or representative guarantees censee. Once mandatory negotiations payment of relocation costs, including have begun, a PARS licensee may not all engineering, equipment, site and refuse to negotiate and all parties are FCC fees, as well as any legitimate and required to negotiate in good faith. prudent transaction expenses incurred Good faith requires each party to pro- by the PARS licensee that are directly vide information to the other that is attributable to an involuntary reloca- reasonably necessary to facilitate the tion, subject to a cap of two percent of relocation process. In evaluating the hard costs involved. Hard costs are claims that a party has not negotiated defined as the actual costs associated in good faith, the FCC will consider, with providing a replacement system, inter alia, the following factors: such as equipment and engineering ex- (1) Whether the ET licensee has made penses. ET licensees are not required to a bona fide offer to relocate the PARS pay PARS licensees for internal re- licensee to comparable facilities in ac- sources devoted to the relocation proc- cordance with Section 101.75(b) of this ess. ET licensees are not required to chapter; pay for transaction costs incurred by (2) If the PARS licensee has de- PARS licensees during the voluntary manded a premium, the type of pre- or mandatory periods once the involun- mium requested (e.g., whether the pre- tary period is initiated or for fees that mium is directly related to relocation, cannot be legitimately tied to the pro- such as system-wide relocations and vision of comparable facilities; analog-to-digital conversions, versus (2) The ET applicant, provider, li- other types of premiums), and whether censee or representative completes all the value of the premium as compared activities necessary for implementing to the cost of providing comparable fa- the replacement facilities, including cilities is disproportionate (i.e., wheth- engineering and cost analysis of the reer there is a lack of proportion or rela- location procedure and, if radio facili- tion between the two); ties are involved, identifying and ob- (3) What steps the parties have taken taining, on the incumbents behalf, new to determine the actual cost of reloca- channels and frequency coordination; tion to comparable facilities; and, (4) Whether either party has withheld (3) The ET applicant, provider, li- information requested by the other censee or representative builds the re- party that is necessary to estimate replacement system and tests it for com- location costs or to facilitate the relo- parability with the existing 2 GHz sys- cation process. Any party alleging a tem. violation of our good faith requirement (f) Comparable Facilities. The replace- must attach an independent estimate ment system provided to an incumbent of the relocation costs in question to during an involuntary relocation must any documentation filed with the Com- be at least equivalent to the existing mission in support of its claim. An PARS system with respect to the fol- independent cost estimate must in- lowing three factors:

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(1) Throughput. Communications (i) After April 25, 1996, all major throughput is the amount of informa- modifications and extensions to exist- tion transferred within a system in a ing PARS systems operating on chan- given amount of time. If analog facili- nels in the 2110–2130 and 2160–2180 MHz ties are being replaced with analog, the bands will be authorized on a sec- ET licensee is required to provide the ondary basis to future ET operations. PARS licensee with an equivalent All other modifications will render the number of 4 kHz voice channels. If dig- modified PARS license secondary to fu- ital facilities are being replaced with ture ET operations unless the incum- digital, the ET licensee must provide bent affirmatively justifies primary the PARS licensee with equivalent status and the incumbent PARS li- data loading bits per second (bps). ET censee establishes that the modifica- licensees must provide PARS licensees tion would not add to the relocation with enough throughput to satisfy the costs of ET licensees. Incumbent PARS PARS licensee’s system use at the time licensees will maintain primary status of relocation, not match the total ca- for the following technical changes: pacity of the PARS system. (2) Reliability. System reliability is (1) Decreases in power; the degree to which information is (2) Minor changes (increases or de- transferred accurately within a sys- creases) in antenna height; tem. ET licensees must provide PARS (3) Minor location changes (up to two licensees with reliability equal to the seconds); overall reliability of their system. For (4) Any data correction which does digital data systems, reliability is not involve a change in the location of measured by the percent of time the an existing facility; bit error rate (BER) exceeds a desired (5) Reductions in authorized band- value, and for analog or digital voice width; transmissions, it is measured by the (6) Minor changes (increases or de- percent of time that audio signal qual- creases) in structure height; ity meets an established threshold. If (7) Changes (increases or decreases) an analog voice system is replaced with in ground elevation that do not affect a digital voice system, only the result- centerline height; ing frequency response, harmonic dis- (8) Minor equipment changes. tortion, signal-to-noise ratio and its re- (j) Sunset. PARS licensees will main- liability will be considered in deter- tain primary status in the 2110–2130 mining comparable reliability. MHz and 2160–2180 MHz bands unless (3) Operating Costs. Operating costs and until an ET licensee requires use of are the cost to operate and maintain the PARS system. ET licensees must the spectrum. ET licensees are not re- compensate PARS licensees for any in- quired to pay relocation costs after the creased recurring costs associated with relocation rules sunset (i.e., for the the replacement facilities (e.g. addi- 2110–2130 MHz and 2160–2180 MHz bands, tional rental payments, increased util- ten years after the first ET license is ity fees) for five years after relocation. issued in the respective band). Once the ET licensees may satisfy this obliga- relocation rules sunset, an ET licensee tion by making a lump-sum payment may require the incumbent to cease op- based on present value using current erations, provided that the ET licensee interest rates. Additionally, the main- intends to turn on a system within in- tenance costs to the PARS licensee terference range of the incumbent, as must be equivalent to the 2 GHz sys- determined by TIA TSB 10–F or any tem in order for the replacement sys- standard successor. ET licensee notifi- tem to be considered comparable. cation to the affected PARS licensee (g) The PARS licensee is not required must be in writing and must provide to relocate until the alternative facili- the incumbent with no less than six ties are available to it for a reasonable months to vacate the spectrum. After time to make adjustments, determine the six-month notice period has ex- comparability, and ensure a seamless pired, the PARS licensee must turn its handoff. license back into the Commission, un- (h) [Reserved] less the parties have entered into an

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agreement which allows the PARS li- POINT-TO-MULTIPOINT OPERATION censee to continue to operate on a mutually agreed upon basis. If the parties § 22.621 Channels for point-to- cannot agree on a schedule or an alter- multipoint operation. native arrangement, requests for ex- The following channels are allocated tension will be accepted and reviewed for assignment to transmitters utilized on a case-by-case basis. The Commis- within point-to-multipoint systems sion will grant such extensions only if that support transmitters that provide the incumbent can demonstrate that: public mobile service. Unless otherwise (1) It cannot relocate within the six- indicated, all channels have a band- month period (e.g., because no alter- width of 20 kHz and are designated by native spectrum or other reasonable their center frequencies in MegaHertz. option is available), and; No new licenses will be issued for any 900 MHz frequencies in this section. See (2) The public interest would be part 101, subpart O of this chapter for harmed if the incumbent is forced to treatment of incumbents and for new terminate operations (e.g., if public licensing procedures. Incumbents under safety communications services would part 22 are subject to the restrictions be disrupted). of part 101, subpart O of this chapter (k) Reimbursement and relocation ex- but may make permissible modifica- penses in the 2110–2130 MHz and 2160–2180 tions, transfers, assignments, or renew MHz bands. Whenever an ET licensee in their licenses using procedures, forms, the 2110–2130 MHz and 2160–2180 MHz fees, and filing requirements of part 22. band relocates a paired PARS link with Public Mobile Pool one path in the 2110–2130 MHz band and (25 kHz bandwidth) the paired path in the 2160–2180 MHz 928.8625 ...... 959.8625 928.9375 ...... 959.9375 band, the ET license will be entitled to 928.8875 ...... 959.8875 928.9625 ...... 959.9625 reimbursement pursuant to the proce- 928.9125 ...... 959.9125 928.9875 ...... 959.9875 dures described in §§ 27.1160 through (12.5 kHz bandwidth) 27.1174 of this chapter. 928.85625 .... 959.85625 928.93125 .... 959.93125 928.86875 .... 959.86875 928.94375 .... 959.94375 [61 FR 29689, June 12, 1996, as amended at 70 928.88125 .... 959.88125 928.95625 .... 959.95625 FR 19309, Apr. 13, 2005; 71 FR 29834, May 24, 928.89375 .... 959.89375 928.96875 .... 959.96875 2006] 928.90625 .... 959.90625 928.98125 .... 959.98125 928.91875 .... 959.91875 928.99375 .... 959.99375 § 22.603 488–494 MHz fixed service in Private Radio General Access Pool Hawaii. (25 kHz bandwidth) 956.2625 ...... 956.3125 956.3625 ...... 956.4125 Before filing applications for author- 956.2875 ...... 956.3375 956.3875 ...... 956.4375 ization of inter-island control and/or 928.0125 ...... 952.0125 928.1875 ...... 952.1875 repeater stations, applicants must co- 928.0375 ...... 952.0375 928.2125 ...... 952.2125 ordinate the planned channel usage 928.0625 ...... 952.0625 928.2375 ...... 952.2375 928.0875 ...... 952.0875 928.2625 ...... 952.2625 with existing licensees and other appli- 928.1125 ...... 952.1125 928.2875 ...... 952.2875 cants with previously filed applica- 928.1375 ...... 952.1375 928.3125 ...... 952.3125 tions, using the procedure outlined in 928.1625 ...... 952.1625 928.3375 ...... 952.3375 § 22.150. Applicants and licensees shall (12.5 kHz bandwidth) cooperate fully and make reasonable 956.25625 .... 956.30625 956.35625 .... 956.40625 956.26875 .... 956.31875 956.36875 .... 956.41875 efforts to resolve any channel usage 956.28125 .... 956.33125 956.38125 .... 956.43125 conflicts. In situations where technical 956.29375 .... 956.34375 956.39375 .... 956.44375 solutions to such conflicts cannot be 928.00625 .... 952.00625 928.18125 .... 952.18125 devised, the FCC may select a channel 928.01875 .... 952.01875 928.19375 .... 952.19375 928.03125 .... 952.03125 928.20625 .... 952.20625 or channels to assign or may designate 928.04375 .... 952.04375 928.21875 .... 952.21875 the application(s) for hearing. To be 928.05625 .... 952.05625 928.23125 .... 952.23125 acceptable for filing, applications and 928.06875 .... 952.06875 928.24375 .... 952.24375 major technical amendments must 928.08125 .... 952.08125 928.25625 .... 952.25625 928.09375 .... 952.09375 928.26875 .... 952.26875 contain a certification that coordina- 928.10625 .... 952.10625 928.28125 .... 952.28125 tion has been completed and an exhibit 928.11875 .... 952.11875 928.29375 .... 952.29375 listing the name(s) of the licensees and 928.13125 .... 952.13125 928.30625 .... 952.30625 928.14375 .... 952.14375 928.31875 .... 952.31875 applicants with which the planned 928.15625 .... 952.15625 928.33125 .... 952.33125 channel usage has been coordinated. 928.16875 .... 952.16875 928.34375 .... 952.34375

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Private Radio Power Pool 470.0875 ...... 473.0875 476.0875 ...... 479.0875 470.1125 ...... 473.1125 476.1125 ...... 479.1125 (25 kHz bandwidth) 470.1375 ...... 473.1375 476.1375 ...... 479.1375 928.3625 ...... 952.3625 928.6125 ...... 952.6125 470.1625 ...... 473.1625 476.1625 ...... 479.1625 928.3875 ...... 952.3875 928.6375 ...... 952.6375 470.1875 ...... 473.1875 476.1875 ...... 479.1875 928.4125 ...... 952.4125 928.6625 ...... 952.6625 470.2125 ...... 473.2125 476.2125 ...... 479.2125 928.4375 ...... 952.4375 928.6875 ...... 952.6875 470.2375 ...... 473.2375 476.2375 ...... 479.2375 928.4625 ...... 952.4625 928.7125 ...... 952.7125 470.2625 ...... 473.2625 476.2625 ...... 479.2625 928.4875 ...... 952.4875 928.7375 ...... 952.7375 470.2875 ...... 473.2875 476.2875 ...... 479.2875 928.5125 ...... 952.5125 928.7625 ...... 952.7625 New York-Northeastern New Jersey 928.5375 ...... 952.5375 928.7875 ...... 952.7875 928.5625 ...... 952.5625 928.8125 ...... 952.8125 470.0125 ...... 470.1625 476.0125 ...... 476.1625 928.5875 ...... 952.5875 928.8375 ...... 952.8375 470.0375 ...... 470.1875 476.0375 ...... 476.1875 470.0625 ...... 470.2125 476.0625 ...... 476.2125 (12.5 kHz bandwidth) 470.0875 ...... 470.2375 476.0875 ...... 476.2375 928.35625 .... 952.35625 928.60625 .... 952.60625 470.1125 ...... 470.2625 476.1125 ...... 476.2625 928.36875 .... 952.36875 928.61875 .... 952.61875 470.1375 ...... 470.2875 476.1375 ...... 476.2875 928.38125 .... 952.38125 928.63125 .... 952.63125 Dallas-Forth Worth 928.39375 .... 952.39375 928.64375 .... 952.64375 928.40625 .... 952.40625 928.65625 .... 952.65625 482.0125 ...... 482.1625 485.0125 ...... 485.1625 928.41875 .... 952.41875 928.66875 .... 952.66875 482.0375 ...... 482.1875 485.0375 ...... 485.1875 928.43125 .... 952.43125 928.68125 .... 952.68125 482.0625 ...... 482.2125 485.0625 ...... 485.2125 928.44375 .... 952.44375 928.69375 .... 952.69375 482.0875 ...... 482.2375 485.0875 ...... 485.2375 928.45625 .... 952.45625 928.70625 .... 952.70625 482.1125 ...... 482.2625 485.1125 ...... 485.2625 928.46875 .... 952.46875 928.71875 .... 952.71875 482.1375 ...... 482.2875 485.1375 ...... 485.2875 928.48125 .... 952.48125 928.73125 .... 952.73125 Detroit 928.49375 .... 952.49375 928.74375 .... 952.74375 476.0125 ...... 479.0125 482.0125 ...... 485.0125 928.50625 .... 952.50625 928.75625 .... 952.75625 476.0375 ...... 479.0375 482.0375 ...... 485.0375 928.51875 .... 952.51875 928.76875 .... 952.76875 476.0625 ...... 479.0625 482.0625 ...... 485.0625 928.53125 .... 952.53125 928.78125 .... 952.78125 476.0875 ...... 479.0875 482.0875 ...... 485.0875 928.54375 .... 952.54375 928.79375 .... 952.79375 476.1125 ...... 479.1125 482.1125 ...... 485.1125 928.55625 .... 952.55625 928.80625 .... 952.80625 476.1375 ...... 479.1375 482.1375 ...... 485.1375 928.56875 .... 952.56875 928.81875 .... 952.81875 476.1625 ...... 479.1625 482.1625 ...... 485.1625 928.58125 .... 952.58125 928.83125 .... 952.83125 476.1875 ...... 479.1875 482.1875 ...... 485.1875 928.59375 .... 952.59375 928.84375 .... 952.84375 476.2125 ...... 479.2125 482.2125 ...... 485.2125 Public, Private, Government Shared Pool 476.2375 ...... 479.2375 482.2375 ...... 485.2375 (12.5 kHz bandwidth) 476.2625 ...... 479.2625 482.2625 ...... 485.2625 476.2875 ...... 479.2875 482.2875 ...... 485.2875 932.00625 .... 941.00625 932.25625 .... 941.25625 932.01875 .... 941.01875 932.26875 .... 941.26875 Houston 932.03125 .... 941.03125 932.28125 .... 941.28125 488.1625 ...... 491.1625 488.2375 ...... 491.2375 932.04375 .... 941.04375 932.29375 .... 941.29375 488.1875 ...... 491.1875 488.2625 ...... 491.2625 932.05625 .... 941.05625 932.30625 .... 941.30625 488.2125 ...... 491.2125 488.2875 ...... 491.2875 932.06875 .... 941.06875 932.31875 .... 941.31875 Los Angeles 932.08125 .... 941.08125 932.33125 .... 941.33125 470.0125 ...... 473.0125 506.0625 ...... 509.0625 932.09375 .... 941.09375 932.34375 .... 941.34375 470.0375 ...... 473.0375 506.0875 ...... 509.0875 932.10625 .... 941.10625 932.35625 .... 941.35625 506.0125 ...... 509.0125 506.1125 ...... 509.1125 932.11875 .... 941.11875 932.36875 .... 941.36875 506.0375 ...... 509.0375 932.13125 .... 941.13125 932.38125 .... 941.38125 932.14375 .... 941.14375 932.39375 .... 941.39375 Miami 932.15625 .... 941.15625 932.40625 .... 941.40625 470.0125 ...... 470.1625 473.0125 ...... 473.1625 932.16875 .... 941.16875 932.41875 .... 941.41875 470.0375 ...... 470.1875 473.0375 ...... 473.1875 932.18125 .... 941.18125 932.43125 .... 941.43125 470.0625 ...... 470.2125 473.0625 ...... 473.2125 932.19375 .... 941.19375 932.44375 .... 941.44375 470.0875 ...... 470.2375 473.0875 ...... 473.2375 932.20625 .... 941.20625 932.45625 .... 941.45625 470.1125 ...... 470.2625 473.1125 ...... 473.2625 932.21875 .... 941.21875 932.46875 .... 941.46875 470.1375 ...... 470.2875 473.1375 ...... 473.2875 932.23125 .... 941.23125 932.48125 .... 941.48125 Philadelphia 932.24375 .... 941.24375 932.49375 .... 941.49375 500.0125 ...... 503.0125 506.0125 ...... 509.0125 UHF Channels in Specified Urban Areas 500.0375 ...... 503.0375 506.0375 ...... 509.0375 Boston 500.0625 ...... 503.0625 506.0625 ...... 509.0625 470.0125 ...... 473.0125 482.0125 ...... 485.0125 500.0875 ...... 503.0875 506.0875 ...... 509.0875 470.0375 ...... 473.0375 482.0375 ...... 485.0375 500.1125 ...... 503.1125 506.1125 ...... 509.1125 470.0625 ...... 473.0625 482.0625 ...... 485.0625 500.1375 ...... 503.1375 506.1375 ...... 509.1375 470.0875 ...... 473.0875 482.0875 ...... 485.0875 500.1625 ...... 503.1625 506.1625 ...... 509.1625 470.1125 ...... 473.1125 482.1125 ...... 485.1125 500.1875 ...... 503.1875 506.1875 ...... 509.1875 470.1375 ...... 473.1375 482.1375 ...... 485.1375 500.2125 ...... 503.2125 506.2125 ...... 509.2125 470.1625 ...... 473.1625 482.1625 ...... 485.1625 500.2375 ...... 503.2375 506.2375 ...... 509.2375 470.1875 ...... 473.1875 482.1875 ...... 485.1875 500.2625 ...... 503.2625 506.2625 ...... 509.2625 470.2125 ...... 473.2125 482.2125 ...... 485.2125 500.2875 ...... 503.2875 506.2875 ...... 509.2875 470.2375 ...... 473.2375 482.2375 ...... 485.2375 Pittsburgh 470.2625 ...... 473.2625 482.2625 ...... 485.2625 470.0125 ...... 470.1625 473.0125 ...... 473.1625 470.2875 ...... 473.2875 482.2875 ...... 485.2875 470.0375 ...... 470.1875 473.0375 ...... 473.1875 Chicago, Cleveland 470.0625 ...... 470.2125 473.0625 ...... 473.2125 470.0125 ...... 473.0125 476.0125 ...... 479.0125 470.0875 ...... 470.2375 473.0875 ...... 473.2375 470.0375 ...... 473.0375 476.0375 ...... 479.0375 470.1125 ...... 470.2625 473.1125 ...... 473.2625 470.0625 ...... 473.0625 476.0625 ...... 479.0625 470.1375 ...... 470.2875 473.1375 ...... 473.2875 88

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San Francisco § 22.625 Transmitter locations. 482.0125 ...... 485.0125 488.0125 ...... 491.0125 This section governs where point-to- 482.0375 ...... 485.0375 488.0375 ...... 491.0375 482.0625 ...... 485.0625 488.0625 ...... 491.0625 multipoint transmitters on the chan- 482.0875 ...... 485.0875 488.0875 ...... 491.0875 nels listed in § 22.621 may be located. 482.1125 ...... 485.1125 488.1125 ...... 491.1125 (a) 928–960 MHz. In this frequency 482.1375 ...... 485.1375 488.1375 ...... 491.1375 482.1625 ...... 485.1625 488.1625 ...... 491.1625 range, the required minimum distance 482.1875 ...... 485.1875 488.1875 ...... 491.1875 separation between co-channel fixed 482.2125 ...... 485.2125 488.2125 ...... 491.2125 transmitters is 113 kilometers (70 482.2375 ...... 485.2375 488.2375 ...... 491.2375 482.2625 ...... 485.2625 488.2625 ...... 491.2625 miles). 482.2875 ...... 485.2875 488.2875 ...... 491.2875 (b) 470–512 MHz. The purpose of the Washington, DC rule in paragraph (b)(1) of this section 488.0125 ...... 491.0125 494.0125 ...... 497.0125 is to define the areas in which the 470– 488.0375 ...... 491.0375 494.0375 ...... 497.0375 512 MHz channels are allocated for pub- 488.0625 ...... 491.0625 494.0625 ...... 497.0625 488.0875 ...... 491.0875 494.0875 ...... 497.0875 lic mobile use. The purpose of the rules 488.1125 ...... 491.1125 494.1125 ...... 497.1125 in paragraphs (b)(2) and (b)(3) of this 488.1375 ...... 491.1375 494.1375 ...... 497.1375 section is to reduce the likelihood that 488.1625 ...... 491.1625 494.1625 ...... 497.1625 488.1875 ...... 491.1875 494.1875 ...... 497.1875 interference to television reception 488.2125 ...... 491.2125 494.2125 ...... 497.2125 from public mobile operations on these 488.2375 ...... 491.2375 494.2375 ...... 497.2375 channels will occur. 488.2625 ...... 491.2625 494.2625 ...... 497.2625 488.2875 ...... 491.2875 494.2875 ...... 497.2875 (1) Control transmitter locations. Con- trol transmitter locations must be [59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, within 80 kilometers (50 miles) of the 1995, as amended at 61 FR 54099, Oct. 17, 1996; designated locations in this paragraph. 65 FR 17448, Apr. 3, 2000] Urban area N. latitude W. longitude § 22.623 System configuration. Boston, MA ...... 42°21′24.4″ 71°03′22.2″ This section requires a minimum Chicago, IL ...... 41°52′28.1″ 87°38′22.2″ configuration for point-to-multipoint Cleveland, OH ...... 41°29′51.2″ 81°41′49.5″ Dallas, TX ...... 32°47′09.5″ 96°47′38.0″ systems using the channels listed in Detroit, MI ...... 42°19′48.1″ 83°02′56.7″ § 22.621. Houston, TX ...... 29°45′26.8″ 95°21′37.8″ (a) 928–960 MHz. The channels may be Los Angeles, CA ...... 34°03′15.0″ 18°14′31.3″ Miami, FL ...... 25°46′38.6″ 80°11′31.2″ assigned, individually or paired, only New York, NY ...... 40°45′6.4″ 73°59′37.5″ to fixed transmitters in a system that Philadelphia, PA ...... 39°56′58.4″ 75°09′19.6″ controls at least four public mobile Pittsburgh, PA ...... 40°26′19.2″ 79°59′59.2″ San Francisco-Oakland, CA .. 37°46′38.7″ 122°24′43.9″ base transmitters that transmit on the Washington, DC ...... 38°53′51.4″ 77°00′31.9″ same channel. If a 932–933 MHz channel NOTE: Coordinates are referenced to North American and a 941–942 MHz channel are assigned Datum 1983 (NAD 83). as a pair, the 941–942 MHz channel must be assigned only to control transmit- (2) Protection from intermodulation in- ters; the 932–933 MHz channel may be terference. Control transmitter loca- assigned to control or fixed relay tions must be at least 1.6 kilometers (1 transmitters. mile) from the main transmitter loca- (b) 470–512 MHz. These channels may tions of all TV stations transmitting be assigned only individually (un- on TV channels separated by 2, 3, 4, 5, paired), to control transmitters that 7, or 8 TV channels from the TV chan- directly control at least four public nel containing the frequencies on mobile base transmitters that transmit which the control station will trans- on the same channel. Fixed relay mit. This requirement is intended to transmitters are not authorized. reduce the likelihood of intermodula- (c) Selection and assignment. The FCC tion interference. selects and assigns a channel when (3) Co-channel protection from control granting applications for authorization transmitters with high antennas. This to operate a new station to transmit in paragraph applies only to control the 470–512, 932–933 and 941–942 MHz fre- transmitters that utilize an antenna quency ranges. Applicants having a height of more than 152 meters (500 preference may request the assignment feet) above average terrain. The dis- of a specific channel or channel pair, tance between the location of such a but the FCC may in some cases be un- control transmitter and the applicable able to satisfy such requests. protected TV station location specified 89

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in this paragraph must equal or exceed likelihood that interference to tele- the sum of the distance from the con- vision receiption from public mobile trol transmitter location to the radio operations on these channels will horizon in the direction of the specified occur. The protected TV station loca- location and 89 kilometers (55 miles— tions specified in this section are the representing the distance from the locations of record as of September main transmitter location of the TV 1974, and these do not change even station to its Grade B contour in the though the TV stations may have been direction of the control transmitter). subsequently relocated. The protected TV station locations in (1) Co-channel protection. The ERP of this paragraph are the locations of control transmitters must not exceed record as of September 1974, and these the limits in the tables in paragraphs do not change even though the TV sta- (b)(1)(ii) and (b)(1)(iii) of this section. tions may have been subsequently relo- The limits depend upon the height cated. above average terrain of the control (i) The protected TV station loca- transmitter antenna and the distance tions are as follows: between the control transmitter and the nearest protected TV station loca- Control transmitter tion in paragraph (b)(1)(i) of this sec- frequency Protected TV station location tion. range (i) The protected TV station loca- 470–476 Washington, DC 38°57′17″ 77°00′17″ tions are as follows (all coordinates are MHz. referenced to North American Datum 476–482 Lancaster, PA 40°15′45″ 76°27′49″ MHz. 1983 (NAD83)): Control trans- (ii) The distance to the radio horizon mitter frequency Protected TV station location is calculated using the following for- range mula: 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. dh17 84°46′21.1″ W. Long. where 476–482 MHz .. Oxford, OH, 39°30′26.2″ N. Lat. 84°44′8.8″ 482–488 MHz .. W. Long. d is the distance to the radio horizon in kilo- 488–494 MHz .. Washington, DC, 38°57′17.4″ N. Lat. meters 494–500 MHz .. 77°00′15.9″ W. Long. h is the height of the antenna center of radi- 500–506 MHz .. Champaign, IL, 40°04′11.1″ N. Lat. ation above ground level in meters 506–512 MHz .. 87°54′45.1″ W. Long. Madison, WI, 43°03′01.0″ N. Lat. [59 FR 59507, Nov. 17, 1994, as amended at 63 89°29′15.4″ W. Long. FR 68946, Dec. 14, 1998, 70 FR 19309, Apr. 13, Parkersburg, WV, 39°20′50.3″ N. Lat. 2005] 81°33′55.5″ W. Long. Fort Wayne, IN, 41°05′35.2″ N. Lat. § 22.627 Effective radiated power lim- 85°10′41.9″ W. Long. its. Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. The effective radiated power (ERP) of South Bend, IN, 41°36′26.2″ N. Lat. transmitters operating on the channels 86°27′48.1″ W. Long. Philadelphia, PA, 40°02′30.4″ N. Lat. listed in § 22.621 must not exceed the 75°14′22.6″ W. Long. limits in this section. None. (a) Maximum ERP. The ERP must not Johnstown, PA, 40°19′47.3″ N. Lat. exceed the applicable limits in this 78°53′44.1″ W. Long. Washington, DC, 38°57′49.4″ N. Lat. paragraph under any circumstances. 77°06′16.9″ W. Long. Waterbury, CT, 41°31′2.3″ N. Lat. Maximum 73°00′58.4″ W. Long. Frequency range (MHz) ERP (watts)

470–512 ...... 1000 (ii) Table E–3 and E–4 apply to con- 928–929 ...... 50 trol transmitters in the New York- 932–933 ...... 30 941–942 ...... 600 Northeastern New Jersey and Cleve- 952–960 ...... 150 land urban areas that transmit on channels in the 476–482 MHz range and (b) 470–512 MHz limits. The purpose of to control transmitters in the Detroit the rules in paragraphs (b)(1) through urban area that transmit on channels (b)(3) of this section is to reduce the in the 482–488 MHz range.

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(iii) Tables E–5 and E–6 apply to all Control control transmitters except those to transmitter fre- Protected TV station location TV which Tables E–3 and E–4 apply. quency channel (2) Adjacent channel protection. The range ERP of control transmitters must not Scranton, PA, 41°10′58.3″ N. Lat. (16) exceed the limits in Table E–7. The 75°52′19.7″ W. Long.. limits depend upon the height above 482–488 Hanover, NH, 43°42′30.3″ N. Lat. (15) average terrain of the control trans- MHz. 72°09′14.3″ W. Long.. Fort Wayne, IN, 41°05′35.2″ N. Lat. (15) mitter antenna and the distance be- 85°10′41.9″ W. Long.. tween the control transmitter and the 488–494 Salisbury, MD, 38°24′15.4″ N. Lat. (16) nearest protected TV station location MHz. 75°34′43.7″ W. Long.. listed in this paragraph. The protected 494–500 Philadelphia, PA, 40°02′30.4″ N. Lat. (17) ° ′ ″ TV station locations are as follows (all MHz. 75 14 22.6 W. Long.. 500–506 Washington, DC, 38°57′17.4″ N. Lat. (20) coordinates are referenced to North MHz. 77°00′15.9″ W. Long.. American Datum 1983 (NAD83)): 506–512 Harrisburg, PA, 40°20′44.3″ N. Lat. (21) MHz. 76°52′07.9″ W. Long.. Control transmitter fre- Protected TV station location TV (c) Los Angeles area. This paragraph quency channel applies only to control transmitters in range the Los Angeles urban area that utilize 470–476 Hanover, NH, 43°42′30.3″ N. Lat. (15) an antenna height of 457 or more me- MHz. 72°09′14.3″ W. Long.. ters (1500 or more feet) above mean sea Madison, WI, 43°03′01.0″ N. Lat. (15) 89°29′15.4″ W. Long.. level. The ERP of such transmitters Champaign, IL, 40°04′11.1″ N. Lat. (15) must not exceed the following limits: 87°54′45.1″ W. Long.. San Diego, CA, 32°41′48.2″ N. Lat. (15) Antenna height ERP 116°56′13.1″ W. Long.. Lancaster, PA, 40°15′45.3″ N. Lat. (15) AMSL in meters (feet) (Watts) 76°27′47.9″ W. Long.. Parkersburg, WV, 39°20′50.3″ N. Lat. (15) 457 (1500) to 610 (2000) ...... 155 81°33′55.5″ W. Long.. 611 (2001) to 762 (2500) ...... 100 476–482 South Bend, IN, 41°36′26.2″ N. Lat. (16) 763 (2501) to 914 (3000) ...... 70 MHz. 86°27′48.1″ W. Long.. 915 (3001) to 1067 (3500) ...... 50 Pittsburgh, PA, 40°26′46.2″ N. Lat. (16) 1068 (3501) to 1219 (4000) ...... 40 79°57′50.2″ W. Long.. 1220 (4001) to 1372 (4500) ...... 30 ° ′ ″ Mt. Pleasant, MI, 43 34 24.1 N. Lat. (14) 1373 (4501) and above ...... 25 84°46′21.1″ W. Long..

TABLE E–3—MAXIMUM ERP (WATTS) FOR CONTROL TRANSMITTERS (HAAT 152 METERS OR LESS)

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152 (50) (100) (150) (200) (250) (300) (350) (400) (450) (500)

209 (130)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125)...... 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120)...... 1000 1000 1000 1000 900 750 675 600 550 500 185 (115)...... 1000 1000 800 725 600 525 475 425 375 350 177 (110)...... 850 700 600 500 425 375 325 300 275 225 169 (105)...... 600 475 400 325 275 250 225 200 175 150 161 (100)...... 400 325 275 225 175 150 140 125 110 100 153 (95)...... 275 225 175 125 110 95 80 70 60 50 145 (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)

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 152 305 457 610 762 914 (500) (1000) (1500) (2000) (2500) (3000)

209 (130) ...... 1000 447 219 117 71 46 193 (120) ...... 500 209 95 50 30 19 177 (110)...... 225 91 35 19 11 8 161 (100)...... 100 30 10 5 3 2

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TABLE E–4—MAXIMUM ERP (WATTS) FOR CONTROL TRANSMITTERS (HAAT MORE THAN 152 METERS)—Continued

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 152 305 457 610 762 914 (500) (1000) (1500) (2000) (2500) (3000)

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)

Antenna Height Above Average Terrain in meters (feet) Distance to protected TV station in kilometers (miles) 15 30 46 61 76 91 107 122 137 152 (50) (100) (150) (200) (250) (300) (350) (400) (450) (500)

261 (162)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155)...... 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150)...... 1000 1000 950 775 725 625 550 500 450 400 233 (145)...... 850 750 650 575 500 440 400 350 320 300 225 (140)...... 600 575 465 400 350 300 275 250 230 225 217 (135)...... 450 400 335 300 255 240 200 185 165 150 209 (130)...... 350 300 245 200 185 160 145 125 120 100 201 (125)...... 225 200 170 150 125 110 100 90 80 75 193 (120)...... 175 150 125 105 90 80 70 60 55 50 See § 22.627(b)(1)(iii). This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance.

TABLE E–6—MAXIMUM ERP (WATTS) FOR CONTROL TRANSMITTERS (HAAT MORE THAN 152 METERS)

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 152 305 457 610 762 914 (500) (1000) (1500) (2000) (2500) (3000)

261 (162) ...... 1000 501 282 170 110 71 241 (150) ...... 400 209 110 60 36 23 225 (140) ...... 225 102 50 28 16 10 209 (130) ...... 100 48 21 11 7 5 193 (120) ...... 50 19 9 5 3 2 See § 22.627(b)(1)(iii). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.

TABLE E–7—MAXIMUM ERP (WATTS) FOR CONTROL TRANSMITTERS

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 30 46 61 76 91 107 122 137 152 (100) (150) (200) (250) (300) (350) (400) (450) (500)

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

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

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470–512 MHZ TRUNKED MOBILE coordinates are referenced to North OPERATION American Datum 1983 (NAD83).

§ 22.651 470–512 MHz channels for Urban area N. latitude W. longitude trunked mobile operation. Houston, TX ...... 29°45′26.8″ 95°21′37.8″ The following channels are allocated New York, NY-NE NJ ...... 40°45′06.4″ 73°59′37.5″ for assignment to transmitters providing trunked public mobile service (b) Mobile area of operation. Mobile within the specified urban areas. All transmitters must not be operated at channels have a bandwidth of 20 kHz locations more than 48 kilometers (30 and are designated by their center fre- miles) from all associated base sta- quencies in MegaHertz. tions. Houston (c) Protection from intermodulation in- 488.0125 ...... 491.0125 488.0875 ...... 491.0875 terference. Base transmitter locations 488.0375 ...... 491.0375 488.1125 ...... 491.1125 488.0625 ...... 491.0625 488.1375 ...... 491.1375 must be at least 1.6 kilometers (1 mile) New York-Northern New Jersey from the current main transmitter lo- 473.0125 ...... 479.0125 473.1625 ...... 479.1625 cations of all TV stations transmitting 473.0375 ...... 479.0375 473.1875 ...... 479.1875 on TV channels separated by 2, 3, 4, 5, 473.0625 ...... 479.0625 473.2125 ...... 479.2125 473.0875 ...... 479.0875 473.2375 ...... 479.2375 7, or 8 TV channels from the TV chan- 473.1125 ...... 479.1125 473.2625 ...... 479.2625 nel containing the frequencies on 473.1375 ...... 479.1375 473.2875 ...... 479.2875 which the base station will transmit. This requirement is intended to reduce [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, the likelihood of intermodulation in- 1995] terference. § 22.653 Eligibility. (d) Adjacent channel protection from mobile transmitters. Base transmitter Only licensees already authorized to provide trunked mobile service or their locations must be at least 145 kilo- successors in interest are eligible to meters (90 miles) from the applicable apply for additional use of these chan- protected TV station locations speci- nels for trunked mobile service, and fied in this paragraph. This require- then only in the urban areas already ment is intended to provide a 0 dB min- authorized. imum desired to undesired signal strength ratio at the Grade B contour § 22.657 Transmitter locations. of an adjacent channel TV station. Note: All coordinates are referenced to The purpose of the rules in para- North American Datum 1983 (NAD83). graphs (a) and (b) of this section is to define the areas in which the 470–512 Control MHz channels are allocated for public transmitter fre- Protected TV station location TV mobile use. The purpose of the rules in quency channel paragraphs (c) through (f) of this sec- range tion is to reduce the likelihood that in- 470–476 Lancaster, PA, 40°15′45.3″ N. Lat. (15) terference to television reception from MHz. 76°27′47.9″ W. Long.. public mobile operations on these 476–482 Scranton, PA, 41°10′58.3″ N. Lat. (16) channels will occur. The protected TV MHz. 75°52′19.7″ W. Long.. station locations specified in paragraphs (d), (e)(1) and (f) of this section (e) Co-channel protection from mobile are the locations of record as of Sep- transmitters. Base transmitter locations tember 1974, and these do not change must be at least the distance specified even though the TV stations may have in paragraph (e)(2) of this section from been subsequently relocated. the applicable protected TV station lo- (a) Base transmitter locations. Base cations specified in paragraph (e)(1) of transmitter locations must be within this section. This requirement is in- 80 kilometers (50 miles) of the des- tended to provide a 40 dB minimum de- ignated locations in this paragraph. sired to undesired signal strength ratio Mobile transmitters must not be oper- at the Grade B contour of a co-channel ated at locations more than 129 kilo- TV station. meters (80 miles) from the designated (1) The protected TV station loca- locations in this paragraph. Note: All tions are as follows (all coordinates are

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referenced to North American Datum Control 1983 (NAD83)): transmitter frequency Protected TV station location range Control transmitter 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ frequency Protected TV station location range MHz. W. Long.

470–476 Washington, DC, 38°57′17.4″ N. Lat. (g) The FCC may waive specific dis- MHz. 77°00′15.9″ W. Long. tance separation requirements of para- ° ′ ″ ° ′ ″ 476–482 Lancaster, PA, 40 15 45.3 N. Lat. 76 27 47.9 graphs (d) through (f) of this section if MHz. W. Long. the applicant submits an engineering (2) The required minimum distance analysis which demonstrates that ter- depends upon the effective radiated rain effects and/or operation with less power (ERP) of the most powerful mo- effective radiated power would satisfy bile transmitter(s) in the system: the applicable minimum desired to undesired signal strength ratios at the Minimum distance Grade B contours of the protected TV Mobile unit ERP (watts) Kilo- stations. For this purpose, the Grade B meters Miles contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) 60 ...... 193 (120) 50 ...... 185 (115) radius, centered on the protected TV 25 ...... 177 (110) station location, and along which the 10 ...... 169 (105) median TV signal field strength is 64 5 ...... 161 (100) dBμV/m. In any showing intended to demonstrate compliance with the min- (f) Co-channel protection from base imum desired to undesired signal ratio transmitters with high antennas. This requirements of this section, all pre- paragraph applies only to base trans- dicted field strengths must have been mitter locations in the New York- determined using the UHF TV propaga- Northeastern New Jersey urban area tion curves contained in part 73 of this that utilize an antenna height of more chapter. than 152 meters (500 feet) above average terrain. The distance between the loca- [59 FR 59507, Nov. 17, 1994, as amended at 63 tion of such a base transmitter and the FR 68947, Dec. 14, 1998] applicable protected TV station loca- § 22.659 Effective radiated power lim- tion specified in this paragraph must its. equal or exceed the sum of the distance The purpose of the rules in this sec- from the base transmitter location to tion, which limit effective radiated the radio horizon in the direction of power (ERP), is to reduce the likeli- the specified location and 89 kilo- hood that interference to television re- meters (55 miles—representing the dis- ception from public mobile operations tance from the main transmitter loca- on these channels will occur. The pro- tion of the TV station to its Grade B tected TV station locations specified in contour in the direction of the base this section are the locations of record transmitter). The distance to the radio as of September 1974, and these do not horizon is calculated as follows: change even though the TV stations may have been subsequently relocated. dh=×17 (a) Maximum ERP. The ERP of base Where d is the distance to the radio horizon transmitters must not exceed 100 Watts in kilometers h is the height of the an- under any circumstances. The ERP of tenna center of radiation above ground mobile transmitters must not exceed 60 level in meters Watts under any circumstances. NOTE: All coordinates are referenced to (b) Co-channel protection from base North American Datum 1983 (NAD83)): transmitters. The ERP of base transmitters in the New York-Northeastern Control transmitter New Jersey urban area must not exceed frequency Protected TV station location the limits in the tables referenced in range paragraphs (b)(2) and (b)(3) of this sec- 470–476 Washington, DC, 38°57′17.4″ N. Lat. tion. The limits depend upon the MHz. 77°00′15.9″ W. Long. height above average terrain of the

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base transmitter antenna and the dis- area that transmit on channels in the tance between the base transmitter 476–482 MHz range. and the nearest protected TV station (3) Tables E–10 and E–11 of this sec- location in paragraph (b)(1) of this section apply to base transmitters in the tion. New York-Northeastern New Jersey (1) The protected TV station loca- urban area that transmit on channels tions are as follows (all coordinates are in the 470–476 MHz range. referenced to North American Datum (c) Adjacent channel protection from 1983 (NAD83)): base transmitters. The ERP of base transmitters must not exceed the lim- Control its in Table E–12 of this section. The transmitter frequency Protected TV station location limits depend upon the height above range average terrain of the base transmitter antenna and the distance between the 470–476 Washington, DC, 38°57′17.4″ N. Lat. MHz. 77°00′15.9″ W. Long. base transmitter and the nearest pro- 476–482 Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ tected TV station location specified in MHz. W. Long. paragraph (c)(1) of this section. (1) The protected TV station loca- (2) Tables E–8 and E–9 of this section tions are as follows (all coordinates are apply to base transmitters in the New referenced to North American Datum York-Northeastern New Jersey urban 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 ...... Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long ...... (15) 482–488 MHz ...... 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)

NOTE: Coordinates are referenced to North American Datum 1983 (NAD83). (2) Table E–12 of this section applies to base transmitters in the New York- Northeastern New Jersey urban area.

TABLE E–8—MAXIMUM ERP (WATTS) FOR BASE TRANSMITTERS (HAAT 152 METERS OR LESS)

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)

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 152 305 457 610 762 914 (500) (1000) (1500) (2000) (2500) (3000)

209 (130) ...... 1000 447 219 117 71 46 193 (120) ...... 500 209 95 50 30 19 177 (110)...... 225 91 35 19 11 8 161 (100)...... 100 30 10 5 3 2 153 (95) ...... 50 13 5 3 2 1 See § 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.

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TABLE E–10—MAXIMUM ERP (WATTS) FOR BASE TRANSMITTERS (HAAT 152 METERS OR LESS)

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)

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 152 305 457 610 762 914 (500) (1000) (1500) (2000) (2500) (3000)

261 (162) ...... 1000 501 282 170 110 71 241 (150) ...... 400 209 110 60 36 23 225 (140) ...... 225 102 50 28 16 10 209 (130) ...... 100 48 21 11 7 5 193 (120) ...... 50 19 9 5 3 2 See § 22.659(b)(3). This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP.

TABLE E–12—MAXIMUM ERP (WATTS) FOR BASE TRANSMITTERS

Antenna height above average terrain in meters (feet) Distance to protected TV station in kilometers (miles) 30 46 61 76 91 107 122 137 152 (100) (150) (200) (250) (300) (350) (400) (450) (500)

108 (67)...... 1000 1000 1000 1000 1000 1000 1000 1000 1000 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.

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

Subpart F—Rural Radiotelephone Services. In case of conflict, however, Service the rules in this subpart govern.

§ 22.701 Scope. § 22.702 Eligibility. The rules in this subpart govern the Existing and proposed communica- licensing and operation of stations and tions common carriers are eligible to systems in the Rural Radiotelephone hold authorizations to operate conven- Service. The licensing and operation of tional central office, interoffice and these stations and systems is also sub- rural stations in the Rural Radio- ject to rules elsewhere in this part that telephone Service. Subscribers are also apply generally to the Public Mobile

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eligible to hold authorizations to oper- tions and explaining why the use of al- ate rural subscriber stations in the ternative existing radio or wire facili- Rural Radiotelephone Service. ties is not feasible. [69 FR 75170, Dec. 15, 2004] (b) Technical information required. For each transmitter in the Rural Radio- § 22.703 Separate rural subscriber sta- telephone Service, the following infor- tion authorization not required. mation is required by FCC Form 601: A separate authorization is not re- (1) Location description: city; coun- quired for rural subscriber stations for ty; state; geographic coordinates cor- ± which the effective radiated power does rect to 1 second, the datum used not exceed 60 Watts and for which FAA (NAD83), site elevation above mean sea notification of construction or alter- level, proximity to adjacent market ation of the antenna structure is not boundaries and international borders; required (see criteria in § 17.7 of this (2) Antenna height to tip above chapter). Authority to operate such ground level, the height of the center rural subscriber stations is conferred of radiation of the antenna above the by the authorization of the central of- average terrain, the height of the an- fice or base station from which they re- tenna center of radiation above the av- ceive service. erage elevation of the terrain along each of the 8 cardinal radials, antenna § 22.705 Rural radiotelephone system gain in the maximum lobe, the beam- configuration. width of the maximum lobe of the an- Stations in the Rural Radiotelephone tenna, a polar plot of the horizontal Service are authorized to communicate gain pattern of the antenna, the elec- as follows: tric field polarization of the wave emit- (a) Rural subscriber stations are au- ted by the antenna when installed as thorized to communicate with and proposed; through the central office station(s) (3) The center frequency of each with which they are associated. How- channel requested, the maximum effec- ever, where the establishment of a cen- tive radiated power, the effective radi- tral office station in this service is not ated power in each of the cardinal ra- feasible, rural subscriber stations may dial directions, any non-standard emis- be authorized to communicate with sion types to be used, including band- and through a base station in the Pag- width and modulation type, the trans- ing and Radiotelephone Service. mitter classification (e.g. central of- (b) Central office stations may com- fice), and the locations and call signs, municate only with rural subscriber if any, of any fixed points of commu- stations. nication. (c) Interoffice stations may commu- (c) No landline facilities. Each applica- nicate only with other interoffice station for a central office station must tions. contain an exhibit showing that it is impracticable to provide the required § 22.709 Rural radiotelephone service communication service by means of application requirements. landline facilities. In addition to information required (d) Interference exhibit. Applications by Subparts B and D of this part, FCC for central office, interoffice and relay Form 601 applications for authorization stations must include an exhibit iden- to operate a station in the Rural Ra- tifying co-channel facilities and dem- diotelephone Service must contain the onstrating, in accordance with § 22.715 applicable supplementary information that the proposed station, if author- described in this section. ized, would not cause interference to (a) Interoffice stations. Applications the service of those co-channel facili- for authority to operate a new inter- ties. This exhibit must: office station or to add transmitters or (1) For UHF channels, identify each points of communications to an exist- protected transmitter located within ing interoffice station must contain an 108 kilometers (67 miles) of the pro- exhibit demonstrating that the re- posed transmitter in directions in quested facilities would be used only which the distance to the interfering for interconnecting central office sta- contour is 76.4 kilometers (47.5 miles)

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or less, and within 178 kilometers (111 the requesting party within ten (10) miles) of the proposed transmitter in days of receiving written notification. directions in which the distance to the [59 FR 59507, Nov. 17, 1994, as amended at 59 interfering contour exceeds 76.4 kilo- FR 59954, Nov. 21, 1994; 63 FR 68948, Dec. 14, meters (47.5 miles); and identify each 1998; 64 FR 53240, Oct. 1, 1999] protected Basic Exchange Telephone Radio System central office trans- § 22.711 Provision of information to mitter in the rural Radiotelephone applicants. Service within 231 kilometers (144 Licensees in the Rural Radio Service miles). must, upon request by a bona-fide pro- (2) For VHF channels, identify each spective applicant, provide to such ap- protected transmitter located within plicant the information required by 135 kilometers (84 miles) of the pro- § 22.709 regarding the portion of the li- posed transmitter in directions in censee’s operations that potentially which the distance to the interfering could affect, or be affected by, the pro- contour is 93.3 kilometers (58 miles) or spective applicant’s proposed station, less, and within 178 kilometers (111 if such information is not already on miles) of the proposed transmitter in file with the FCC. This information directions in which the distance to the must be provided to the bona-fide pro- interfering contour exceeds 93.3 kilo- spective applicant no later than 30 days meters (58 miles). after receipt of the information re- (3) For each protected transmitter quest. identified, show the results of distance [59 FR 59954, Nov. 21, 1994] calculations indicating that there would be no overlap of service and § 22.713 Construction period for rural interfering contours, or alternatively, radiotelephone stations. indicate that the licensee of or appli- The construction period for stations cant for the protected transmitter and/ in the Rural Radiotelephone Service is or the applicant, as required, have 12 months. agreed in writing to accept any interference resulting from operation of the § 22.715 Technical channel assignment proposed transmitter. criteria for rural radiotelephone (e) Blocking probability. Applications stations. for authority to operate basic exchange Channels are assigned in the Rural telephone radio systems (BETRS) that Radiotelephone Service using the pro- request more than two channel pairs cedures in § 22.567. must include an exhibit containing calculations showing that the number of § 22.717 Procedure for mutually exclu- channels requested is the minimum sive applications in the Rural Ra- necessary to achieve the required grade diotelephone Service. of service (in terms of blocking prob- Mutually exclusive applications in ability), and that there will be ade- the Rural Radiotelephone Service, in- quate spectrum available in the area to cluding those that are mutually exclu- meet realistic estimates of current and sive with applications in the Paging future demand for paging, two-way mo- and Radiotelephone Service, are proc- bile and rural radiotelephone services essed in accordance with § 22.131 and (see § 22.719(c)). Applications for au- with this section. thority to operate new conventional (a) Applications in the Rural Radio- rural radiotelephone systems that re- telephone Service may be mutually ex- quest more than two channel pairs clusive with applications in the Paging must include a statement explaining and Radiotelephone Service if they why BETRS technology is not being seek authorization to operate facilities proposed. on the same channel in the same area, (f) Antenna Information. Upon request or the technical proposals are other- by an applicant, licensee, or the Com- wise in conflict. See § 22.567. mission, a part 22 applicant or licensee (b) A modification application in ei- of whom the request is made shall further service filed on the earliest filing nish the antenna type, model, and the date may cause all later-filed mutually name of the antenna manufacturer to exclusive applications of any type in

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either service to be ‘‘cut off’’ (excluded estimates of current and future de- from a same-day filing group) and dis- mand for paging, two-way mobile and missed, pursuant to § 22.131(c)(3)(ii) and rural radiotelephone services. In the § 22.131(c)(4). case of conventional rural radiotelephone central office stations, an [59 FR 59956, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997] explanation must be provided as to why BETRS technology is not being § 22.719 Additional channel policy for used instead of additional channel rural radiotelephone stations. pairs. The rules in this section govern the CONVENTIONAL RURAL RADIOTELEPHONE processing of applications for central STATIONS office stations that request a rural radiotelephone channel pair when the ap- § 22.721 Geographic area authoriza- plicant has applied for or been granted tions. an authorization for other rural radio- Eligible persons may apply for a pag- telephone channel pairs in the same ing geographic area authorization in area. The general policy of the FCC is the Rural Radiotelephone Service, on to promote effective use of the spec- the channel pairs listed in § 22.725, by trum by encouraging the use of spec- following the procedures and require- trum-efficient technologies (i.e. ments set forth in § 22.503 for paging ge- BETRS) and by assigning the minimum ographic area authorizations. number of channels necessary to provide service. [62 FR 11636, Mar. 12, 1997] (a) Transmitters in same area. Any central office station transmitter on any § 22.723 Secondary site-by-site author- channel pair listed in § 22.725 is consid- izations. ered to be in the same area as another Authorizations for new facilities (in- central office station transmitter on cluding new sites and additional chan- any other channel pair listed in § 22.725 nel pairs for existing sites) in the Rural if the transmitting antennas are lo- Radiotelephone Service (including cated within 10 kilometers (6.2 miles) BETRS facilities) may be granted after of each other. May 12, 1997 only on the condition that (b) Initial channel pairs. The FCC does such authorizations shall be secondary not assign more than two channel pairs to any existing or future co-channel for new central office stations, unless paging geographic area authorization there are more than eight rural sub- in the Paging and Radiotelephone scriber stations to be served. Stations Service or the Rural Radiotelephone are considered to be new if there are no Service. If the paging geographic area authorized transmitters on any chan- licensee notifies the Rural Radio- nel listed in § 22.725 controlled by the telephone Service licensee that oper- applicant in the same geographic area. ation of a co-channel secondary facil- (c) Additional channel pairs. Applica- ity must be discontinued because it tions for central office station trans- may cause interference to existing or mitters to be located in the same area planned facilities, the Rural Radio- as an authorized central office station telephone Service licensee must dis- controlled by the applicant, but to op- continue operation of that facility on erate on a different channel pair(s) are the particular channel pair involved no considered as requests for additional later than six months after such no- channel pair(s) for the authorized cen- tice. tral office station. The FCC may grant [62 FR 11636, Mar. 12, 1997] applications for additional channel pairs provided that the need for each § 22.725 Channels for conventional additional channel pair (after the first rural radiotelephone stations and two) is established and fully justified basic exchange telephone radio sys- in terms of achieving the required tems. grade of service (blocking probability), The following channels are allocated and the applicant demonstrates that for paired assignment to transmitters there will still be adequate spectrum that provide conventional rural radio- available in the area to meet realistic telephone service and to transmitters

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in basic exchange telephone radio sys- § 22.725 must not exceed the limits in tems. These channels may be assigned this section. for use by central office or rural sub- (a) Maximum ERP. The effective radi- scriber stations as indicated, and inter- ated power (ERP) of central office and office stations. These channels may be rural subscriber station transmitters assigned also for use by relay stations must not exceed the applicable limits in systems where it would be imprac- in this paragraph under any cir- tical to provide rural radiotelephone cumstances. service without the use of relay sta- Maximum tions. All channels have a bandwidth of Frequency range (MHz) ERP (watts) 20 kHz and are designated by their center frequencies in MegaHertz. 152–153 ...... 1400 157–159 ...... 150 454–455 ...... 3500 Central Rural sub- Central Rural sub- 459–460 ...... 150 office scriber office scriber (b) Basic power limit. Except as pro- VHF Channels vided in paragraph (d) of this section, 152.03 ...... 158.49 152.57 ...... 157.83 the ERP of central office station trans- 152.06 ...... 158.52 152.60 ...... 157.86 mitters must not exceed 500 Watts. 152.09 ...... 158.55 152.63 ...... 157.89 (c) Height-power limits. Except as pro- 152.12 ...... 158.58 152.66 ...... 157.92 vided in paragraph (d) of this section, 152.15 ...... 158.61 152.69 ...... 157.95 the ERP of central office station trans- 152.18 ...... 158.64 152.72 ...... 157.98 mitters must not exceed the amount 152.21 ...... 158.67 152.75 ...... 158.01 152.51 ...... 157.77 152.78 ...... 158.04 that would result in an average dis- 152.54 ...... 157.80 152.81 ...... 158.07 tance to the ‘‘service contour’’ of 41.6 kilometers (26 miles) for VHF channels UHF Channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the 454.025 ...... 459.025 454.350 ...... 459.350 ‘‘service contour’’ is calculated by tak- 454.050 ...... 459.050 454.375 ...... 459.375 454.075 ...... 459.075 454.400 ...... 459.400 ing the arithmetic mean of the dis- 454.100 ...... 459.100 454.425 ...... 459.425 tances determined using the procedures 454.125 ...... 459.125 454.450 ...... 459.450 specified in § 22.567 for the eight car- 454.150 ...... 459.150 454.475 ...... 459.475 dinal radial directions, excluding car- 454.175 ...... 459.175 454.500 ...... 459.500 dinal radial directions for which 90% or 454.200 ...... 459.200 454.525 ...... 459.525 more of the distance so calculated is 454.225 ...... 459.225 454.550 ...... 459.550 over water. 454.250 ...... 459.250 454.575 ...... 459.575 454.275 ...... 459.275 454.600 ...... 459.600 (d) Encompassed interfering contour 454.300 ...... 459.300 454.625 ...... 459.625 areas. Central office station transmit- 454.325 ...... 459.325 454.650 ...... 459.650 ters are exempt from the basic power and height-power limits of this section (a) The channels listed in this section if the area within their interfering con- are also allocated for assignment in the tours is totally encompassed by the Paging and Radiotelephone Service. interfering contours of operating co- (b) In Puerto Rico and the Virgin Is- channel central office station trans- lands, channels in the 154.04–154.46 MHz mitters controlled by the same li- and 161.40–161.85 MHz frequency ranges censee. For the purpose of this para- may be assigned to transmitters pro- graph, operating transmitters are au- viding rural radiotelephone service; thorized transmitters that are pro- channels in these ranges are also allo- viding service to subscribers. cated for assignment in the Inter- (e) Adjacent channel protection. The national Fixed Public and Aero- ERP of central office station transmit- nautical Fixed radio services. ters must not exceed 500 Watts if they transmit on channel 454.025 MHz and [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995, as amended at 70 FR 19309, Apr. 13, 2005] are located less than 7 kilometers (4.3 miles) from any Private Radio Services § 22.727 Power limits for conventional station receiving on adjacent channel rural radiotelephone transmitters. 454.000 MHz. The transmitting power of transmit- [59 FR 59507, Nov. 17, 1994, as amended at 70 ters operating on the channels listed in FR 19309, Apr. 13, 2005]

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§ 22.731 Emission limitations. BASIC EXCHANGE TELEPHONE RADIO SYSTEMS Upon application for multichannel operation, the FCC may authorize § 22.757 Channels for basic exchange emission bandwidths wider than those telephone radio systems. specified in § 22.357, provided that spec- The channels listed in § 22.725 are also trum utilization is equal to or better allocated for paired assignment to than that achieved by single channel transmitters in basic exchange tele- operation. phone radio systems. § 22.733 Priority of service. [70 FR 19309, Apr. 13, 2005] Within the Rural Radiotelephone Service, the channels listed in § 22.725 § 22.759 Power limit for BETRS. are intended primarily for use in ren- The effective radiated power of cen- dition of public message service be- tral office and rural subscriber station tween rural subscriber and central of- transmitters used in basic exchange fice stations and to provide radio telephone radio systems must not ex- trunking facilities between central of- ceed the limits in this section. fices. The channels may also be used, (a) Maximum ERP. The effective radi- however, for the rendition of private ated power (ERP) of central office and leased-line communication service pro- rural subscriber station transmitters vided that such usage would not reduce in BETRS must not exceed the applica- or impair the extent or quality of com- ble limits in this paragraph under any munication service that would be circumstances. available, in the absence of private Maximum leased-line service, to the general pub- Frequency range (MHz) ERP (watts) lic receiving or subsequently requesting public message service from a cen- 152–153 ...... 1400 157–159 ...... 150 tral office. 454–455 ...... 3500 459–460 ...... 150 § 22.737 Temporary fixed stations. The FCC may, upon proper applica- (b) Height-power limit. The ERP of tion therefor, authorize the construc- central office stations in BETRS must tion and operation of temporary fixed not exceed the amount calculated as stations. Temporary fixed stations are follows:

to be used as rural subscriber, inter- ERPw = 557,418 ÷ hm2 office, or central office stations when those stations are unavailable or when where ERPw is the effective radiated power in Watts service from those stations is disrupted hm is the average (eight cardinal radial) an- by storms or emergencies. tenna height above average terrain in (a) Six month limitation. If it is nec- meters essary for a temporary fixed station to remain at the same location for more Subpart G—Air-Ground than six months, the licensee of that Radiotelephone Service station must apply for authorization to operate the station at the specific loca- § 22.801 Scope. tion at least 30 days before the end of the six month period. The rules in this subpart govern the (b) International communications. licensing and operation of air-ground stations and systems. The licensing Communications between the United and operation of these stations and States and Canada or Mexico must not systems is also subject to rules else- be carried using a temporary fixed sta- where in this part and in part 1 of this tion without prior authorization from chapter that generally apply to the the FCC. Licensees desiring to carry Public Mobile Services. In case of con- such communications should apply suf- flict, however, the rules in this subpart ficiently in advance to allow for the govern. time necessary to coordinate with Can- ada or Mexico. [70 FR 19309, Apr. 13, 2005]

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GENERAL AVIATION AIR-GROUND (b) Technical information required. For STATIONS each transmitter in the Rural Radio- telephone Service, the following infor- § 22.805 Channels for general aviation mation is required by FCC Form 601: air-ground service. (1) Location description, city, coun- The following channels are allocated ty, state, geographic coordinates for the provision of radiotelephone (NAD83) correct to ±1 second, site ele- service to airborne mobile subscribers vation above mean sea level, proximity in general aviation aircraft. These to adjacent market boundaries and channels have a bandwidth of 20 kHz international borders; and are designated by their center fre- (2) Antenna height to tip above quencies in MegaHertz. ground level, antenna gain in the maximum lobe, the electric field polariza- SIGNALLING CHANNEL PAIR tion of the wave emitted by the antenna when installed as proposed; Ground Airborne mobile (3) The center frequency of each 454.675 459.675 channel requested, the maximum effective radiated power, any non-standard COMMUNICATION CHANNEL PAIRS emission types to be used, including bandwidth and modulation type and Ground Airborne mobile the transmitter classification (e.g. 454.700 459.700 ground or signaling). 454.725 459.725 [59 FR 59507, Nov. 17, 1994, as amended at 59 454.750 459.750 FR 59954, Nov. 21, 1994; 63 FR 68948, Dec. 14, 454.775 459.775 454.800 459.800 1998; 64 FR 53240, Oct. 1, 1999. Redesignated 454.825 459.825 and amended at 70 FR 19309, Apr. 13, 2005] 454.850 459.850 454.875 459.875 § 22.809 Transmitting power limits. 454.900 459.900 454.925 459.925 The transmitting power of ground 454.950 459.950 and airborne mobile transmitters oper- 454.975 459.975 ating on the channels listed in § 22.805 must not exceed the limits in this sec- (a) Channel 454.675 MHz is assigned to tion. each and every ground station, to be (a) Ground station transmitters. The ef- used only for automatically alerting fective radiated power of ground sta- airborne mobile stations of incoming tions must not exceed 100 Watts and calls. must not be less than 50 Watts, except (b) All airborne mobile channels are as provided in § 22.811. assigned for use by each and every air- (b) Airborne mobile transmitters. The borne mobile station. transmitter power output of airborne mobile transmitters must not exceed 25 § 22.807 General aviation air-ground Watts and must not be less than 4 application requirements. Watts. In addition to the information required by subparts B and D of this part, § 22.813 Technical channel pair assign- FCC Form 601 applications for author- ment criteria. ization to operate a general aviation The rules in this section establish air-ground station must contain the technical assignment criteria for the applicable supplementary information channel pairs listed in § 22.805. These described in this section. criteria are intended to provide sub- (a) Administrative information. The fol- stantial service volumes over areas lowing information is required by FCC that have significant local and regional Form 601. general aviation activity, while main- (1) The number of transmitter sites taining the continuous nationwide infor which authorization is requested. route coverage of the original geo- (2) The call sign(s) of other facilities graphical layout. in the same area that are ultimately (a) Distance separation for co-channel controlled by the real party in interest ground stations. The FCC may grant an to the application. application requesting assignment of a

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communication channel pair to a pro- (b) Initial channel. The FCC will not posed ground transmitter only if the assign more than one ground station proposed antenna location is at least communication channel for new ground 800 kilometers (497 miles) from the an- stations. Ground stations are consid- tenna location of the nearest co-chan- ered to be new if there are no author- nel ground transmitter in the United ized ground station transmitters on States, its territories and possessions; any channel listed in § 22.805 controlled and 1000 kilometers (621 miles) from by the applicant in the same area. the antenna location of the nearest co- (c) Additional channel. Applications channel ground transmitter in Canada. for ground transmitters to be located (b) Dispersion. The FCC may grant an in the same area as an authorized application requesting assignment of a ground station controlled by the appli- communication channel pair to a pro- cant, but to operate on a different posed ground transmitter only if there ground station communication chan- are no more than five different communication channel pairs already assigned nel, are considered as requesting an ad- to ground transmitters with antenna ditional channel for the authorized sta- locations within a 320 kilometer (199 tion. mile) radius of the proposed antenna (d) Amendment of pending application. location. If the FCC receives and accepts for filing an application for a ground station § 22.815 Construction period for gen- transmitter to be located in the same eral aviation ground stations. area as a ground station transmitter The construction period (see § 1.946 of proposed in a pending application pre- this chapter) for general aviation viously filed by the applicant, but on a ground stations is 12 months. different ground station communication channel, the subsequent applica- [70 FR 19310, Apr. 13, 2005] tion is treated as a major amendment § 22.817 Additional channel policies. to change the technical proposal of the prior application. The filing date of The rules in this section govern the any application so amended is the date processing of applications for authority the FCC received the subsequent appli- to operate a ground station trans- cation. mitter on any ground station communication channel listed in § 22.805 when (e) Dismissal of premature applications the applicant has applied or been for additional channel. If the FCC re- granted an authorization for other ceives an application requesting an ad- ground station communication chan- ditional ground station communication nels in the same area. The general pol- channel for an authorized ground sta- icy of the FCC is to assign one ground tion prior to receiving notification station communication channel in an that the station is providing service to area to a carrier per application cycle, subscribers on the authorized chan- up to a maximum of six ground station nel(s), the FCC may dismiss that appli- communication channels per area. cation without prejudice. That is, a carrier must apply for one (f) Dismissal of applications for seventh ground station communication chan- channel. If the FCC receives an applica- nel, receive the authorization, con- tion requesting an additional ground struct the station, and notify the FCC station communication channel for an of commencement of service before ap- authorized ground station which plying for an additional ground station would, if granted, result in that station communication channel in that area. being assigned more than six ground (a) Air-ground transmitters in same station communication channels in the area. Any transmitter on any of the same area, the FCC may dismiss that ground station channels listed in application without prejudice. § 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.

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COMMERCIAL AVIATION AIR-GROUND ational rules in this subpart, those con- SYSTEMS ditions shall govern its operations. (b) Notwithstanding any other provi- § 22.853 Eligibility to hold interest in sion in this chapter, the licensee of an licenses limited to 3 MHz of spec- incumbent system shall not be entitled trum. to an expectation of renewal of said au- No individual or entity may hold, di- thorization. rectly or indirectly, a controlling in- (c) During the period that an incum- terest in licenses authorizing the use of bent system continues to operate and more than three megahertz of spec- provide service pursuant to paragraph trum (either shared or exclusive) in the (a) of this section, air-ground systems 800 MHz commercial aviation Air- of licensees holding a new authoriza- Ground Radiotelephone Service fre- tion for the spectrum within which the quency bands (see § 22.857). Individuals incumbent system operates must not and entities with either de jure or de cause interference to the incumbent facto control of a licensee in these system. Protection from interference bands will be considered to have a con- requires that the signals of the new trolling interest in its license(s). For systems must not exceed a ground sta- purposes of this rule, the definitions of tion received power of ¥130 dBm with- ‘‘controlling interests’’ and ‘‘affiliate’’ in a 6 kHz receive bandwidth, cal- set forth in paragraphs (c)(2) and (c)(5) culated assuming a 0 dBi vertically po- of § 1.2110 of this chapter shall apply. larized receive antenna. [70 FR 19310, Apr. 13, 2005] [70 FR 19310, Apr. 13, 2005]

§ 22.857 Channel plan for commercial § 22.861 Emission limitations. aviation air-ground systems. The rules in this section govern the The 849–851 MHz and 894–896 MHz fre- spectral characteristics of emissions quency bands are designated for paired for commercial aviation systems in the nationwide exclusive assignment to the Air-Ground Radiotelephone Service. licensee or licensees of systems pro- Commercial aviation air-ground sys- viding radio telecommunications serv- tems may use any type of emission or ice, including voice and/or data service, technology that complies with the to persons on board aircraft. Air- technical rules in this subpart. ground systems operating in these fre- (a) Out of band emissions. The power quency bands are referred to in this of any emission outside of the author- part as ‘‘commercial aviation’’ sys- ized operating frequency ranges must tems. be attenuated below the transmitting power (P) by a factor of at least 43 + 10 [70 FR 19310, Apr. 13, 2005] log (P) dB. (b) Measurement procedure. Compli- § 22.859 Incumbent commercial avia- ance with these rules is based on the tion air-ground systems. use of measurement instrumentation This section contains rules con- employing a resolution bandwidth of cerning continued operation of com- 100 kHz or greater. In the 1 MHz bands mercial aviation air-ground systems immediately outside and adjacent to that were originally authorized prior the frequency block a resolution band- to January 1, 2004 to provide radio- width of at least one percent of the telephone service using narrowband (6 emission bandwidth of the fundamental kHz) channels, and that have been pro- emission of the transmitter may be viding service continuously since the employed. A narrower resolution band- original commencement of service width is permitted in all cases to im- (hereinafter ‘‘incumbent systems’’). prove measurement accuracy provided (a) An incumbent system may con- the measured power is integrated over tinue to operate under its authoriza- the full required measurement band- tion, for the remaining term of such width (i.e., 100 kHz or 1 percent of emis- authorization, subject to the terms and sion bandwidth, as specified). The conditions attached thereto. Wherever emission bandwidth is defined as the such technical and operational condi- width of the signal between two points, tions differ from technical and oper- one below the carrier center frequency

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and one above the carrier center fre- § 22.873 Construction requirements for quency, outside of which all emissions commercial aviation air-ground sys- are attenuated at least 26 dB below the tems. transmitter power. Licensees authorized to use more (c) Alternative out of band emission than one megahertz (1 MHz) of the 800 limit. The licensee(s) of commercial MHz commercial aviation air-ground aviation air-ground systems, together spectrum allocation (see § 22.857) must with affected licensees of Cellular Ra- make a showing of ‘‘substantial serv- diotelephone Service systems operating in the spectrum immediately ice’’ as set forth in this section. Fail- below and adjacent to the commercial ure by any such licensee to meet this aviation air-ground bands, may estab- requirement will result in forfeiture of lish an alternative out of band emis- the license and the licensee will be in- sion limit to be used at the 849 MHz eligible to regain it. Licensees author- and 894 MHz band edge(s) in specified ized to use one megahertz or less of the geographical areas, in lieu of that set 800 MHz commercial aviation air- forth in this section, pursuant to a pri- ground spectrum allocation are not vate contractual arrangement of all af- subject to the requirements in this sec- fected licensees and applicants. In this tion. event, each party to such contract (a) ‘‘Substantial service’’ is defined shall maintain a copy of the contract as service that is sound, favorable, and in their station files and disclose it to substantially above a level of mediocre prospective assignees or transferees service that just might minimally war- and, upon request, to the FCC. rant renewal. (d) Interference caused by out of band (b) Each commercial aviation air- emissions. If any emission from a trans- ground system subject to the require- mitter operating in this service results ments of this section must dem- in interference to users of another onstrate substantial service within 5 radio service, the FCC may require a years after grant of the authorization. greater attenuation of that emission Substantial service may be dem- than specified in this section. onstrated by, but is not limited to, ei- [70 FR 19310, Apr. 13, 2005] ther of the following ‘‘safe harbor’’ provisions: § 22.863 Frequency stability. (1) Construction and operation of 20 The frequency stability of equipment ground stations, with at least one used under this subpart shall be suffi- ground station located in each of the 10 cient to ensure that, after accounting Federal Aviation Administration re- for Doppler frequency shifts, the occu- gions; or, pied bandwidth of the fundamental (2) Provision of service to the air- emissions remains within the author- space of 25 of the 50 busiest airports (as ized frequency bands of operation. measured by annual passenger [70 FR 19310, Apr. 13, 2005] boardings).

§ 22.867 Effective radiated power lim- [70 FR 19310, Apr. 13, 2005] its. § 22.877 Unacceptable interference to The effective radiated power (ERP) of part 90 non-cellular 800 MHz licens- ground and airborne stations operating ees from commercial aviation air- on the frequency ranges listed in ground systems. § 22.857 must not exceed the limits in The definition of unacceptable inter- this section. ference to non-cellular part 90 licensees (a) The peak ERP of airborne mobile in the 800 MHz band from commercial station transmitters must not exceed aviation air-ground systems is the 12 Watts. same as the definition set forth in (b) The peak ERP of ground station § 22.970 which is applicable to Cellular transmitters must not exceed 500 Watts. Radiotelephone Service systems. [70 FR 19310, Apr. 13, 2005] [70 FR 19311, Apr. 13, 2005]

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§ 22.878 Obligation to abate unaccept- held responsible for resolving unac- able interference. ceptable interference. Notwith- This section applies only to commer- standing, any licensee that receives an cial aviation ground stations transmit- interference complaint from a public ting in the 849–851 MHz band, other safety/CII licensee shall respond to than commercial aviation ground sta- such complaint consistent with the in- tions operating under the authority of terference resolution procedures set a license originally granted prior to forth in § 22.879. January 1, 2004. [70 FR 19411, Apr. 13, 2005] (a) Strict responsibility. Any licensee who, knowingly or unknowingly, di- § 22.879 Interference resolution proce- rectly or indirectly, causes or contrib- dures. utes to causing unacceptable inter- This section applies only to commer- ference to a non-cellular part 90 li- cial aviation ground stations transmit- censee in the 800 MHz band, as defined ting in the 849–851 MHz band, other in § 22.877, shall be strictly accountable than commercial aviation ground sta- to abate the interference, with full co- tions operating under the authority of operation and utmost diligence, in the a license originally granted prior to shortest time practicable. Interfering January 1, 2004. licensees shall consider all feasible in- (a) Initial notification. Commercial terference abatement measures, includ- aviation air-ground system licensees ing, but not limited to, the remedies may receive initial notification of in- specified in the interference resolution terference from non-cellular part 90 li- procedures set forth in § 22.879. This censees in the 800 MHz band pursuant strict responsibility obligation applies to § 90.674(a) of this chapter. to all forms of interference, including (1) Commercial aviation air-ground out-of-band emissions and intermodu- system licensees shall join with part 90 lation. ESMR licensees and Cellular Radio- (b) Joint and Several responsibility. If telephone Service licensees in utilizing two or more licensees, whether in the an electronic means of receiving the commercial aviation air-ground radio- initial notification described in telephone service or in the Cellular Ra- § 90.674(a) of this chapter. See § 22.972. diotelephone Service (see § 22.971), (2) Commercial aviation air-ground knowingly or unknowingly, directly or system licensees must respond to the indirectly, cause or contribute to caus- initial notification described in ing unacceptable interference to a non- § 90.674(a) of this chapter as soon as cellular part 90 licensee in the 800 MHz possible and no later than 24 hours band, as defined in § 22.877, such licens- after receipt of notification from a part ees shall be jointly and severally re- 90 public safety/CII licensee. This responsible for abating interference, with sponse time may be extended to 48 full cooperation and utmost diligence, hours after receipt from other part 90 in the shortest practicable time. non-cellular licensees provided affected (1) This joint and several responsi- communications on these systems are bility rule requires interfering licens- not safety related. ees to consider all feasible interference (b) Interference analysis. Commercial abatement measures, including, but aviation air-ground system licensees— not limited to, the remedies specified who receive an initial notification de- in the interference resolution proce- scribed in § 90.674(a) of this chapter— dures set forth in § 22.879(c). This joint shall perform a timely analysis of the and several responsibility rule applies interference to identify the possible to all forms of interference, including source. Immediate on-site visits may out-of-band emissions and intermodu- be conducted when necessary to com- lation. plete timely analysis. Interference (2) Any licensee that can show that analysis must be completed and correc- its signal does not directly or indi- tive action initiated within 48 hours of rectly cause or contribute to causing the initial complaint from a part 90 unacceptable interference to a non-cel- public safety/CII licensee. This re- lular part 90 licensee in the 800 MHz sponse time may be extended to 96 band, as defined in § 22.877, shall not be hours after the initial complaint from

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other part 90 non-cellular licensees pro- the affected part 90 non-cellular li- vided affected communications on censee shall, consistent with but not these systems are not safety related. compromising safety, make all nec- Corrective action may be delayed if the essary concessions to accepting inter- affected licensee agrees in writing ference until a longer-term remedy can (which may be, but is not required to be implemented. be, recorded via e-mail or other elec- (3) When a part 90 public safety li- tronic means) to a longer period. censee determines that a continuing (c) Mitigation steps. Any commercial presence of interference constitutes a aviation air-ground system that is re- clear and imminent danger to life or sponsible for causing unacceptable in- property, the licensee causing the interference to non-cellular part 90 li- terference must discontinue the associ- censees in the 800 MHz band shall take ated operation immediately, until a affirmative measures to resolve such remedy can be identified and applied. interference. The determination that a continuing (1) Commercial aviation air-ground presence exists that constitutes a clear system licensees found to contribute to and imminent danger to life or prop- unacceptable interference, as defined erty, must be made by written state- in § 22.877, shall resolve such inter- ment that: ference in the shortest time prac- (i) Is in the form of a declaration, no- ticable. Commercial aviation air- tarized affidavit, or statement under ground system licensees must provide penalty or perjury, from an officer or all necessary test apparatus and tech- executive of the affected public safety nical personnel skilled in the operation licensee; of such equipment as may be necessary (ii) Thoroughly describes the basis of to determine the most appropriate the claim of clear and imminent dan- means of timely eliminating the inter- ger; ference. However, the means whereby (iii) Was formulated on the basis of interference is abated or the technical either personal knowledge or belief parameters that may need to be ad- after due diligence; justed is left to the discretion of the (iv) Is not proffered by a contractor commercial aviation air-ground system or other third party; and, licensee, whose affirmative measures (v) Has been approved by the Chief of may include, but not be limited to, the the Public Safety and Homeland Secu- following techniques: rity Bureau or other designated Com- (i) Increasing the desired power of mission official. Prior to the author- the public safety/CII signal; ized official making a determination (ii) Decreasing the power of the com- that a clear and imminent danger ex- mercial aviation air-ground system ists, the associated written statement signal; must be served by hand-delivery or (iii) Modifying the commercial avia- receipted fax on the applicable offend- tion air-ground system antenna height; ing licensee, with a copy transmitted (iv) Modifying the commercial avia- by the fastest available means to the tion air-ground system antenna char- Washington, DC office of the Commis- acteristics; sion’s Public Safety and Homeland Se- (v) Incorporating filters into the curity Bureau. commercial aviation air-ground system [70 FR 19311, Apr. 13, 2005, as amended at 71 transmission equipment; FR 69038, Nov. 29, 2006] (vi) Changing commercial aviation air-ground system frequencies; and § 22.880 Information exchange. (vii) Supplying interference-resistant (a) Prior notification. Public safety/CII receivers to the affected public safety/ licensees may notify a commercial CII licensee(s). If this technique is aviation air-ground system licensee used, in all circumstances, commercial that they wish to receive prior notifi- aviation air-ground system licensees cation of the activation or modifica- shall be responsible for all costs there- tion of a commercial aviation air- of. ground system ground station site in (2) Whenever short-term interference their area. Thereafter, the commercial abatement measures prove inadequate, aviation air-ground system licensee

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must provide the following information (1) A small business is an entity that, to the public safety/CII licensee at together with its affiliates, its control- least 10 business days before a new ling interests and the affiliates of its ground station is activated or an exist- controlling interests, has average gross ing ground station is modified: revenues that are not more than $40 (1) Location; million for the preceding three years. (2) Effective radiated power; (2) A very small business is an entity (3) Antenna manufacturer, model that, together with its affiliates, its number, height above ground level and controlling interests and the affiliates up tilt angle, as installed; of its controlling interests, has average (4) Channels available for use. gross revenues that are not more than (b) Purpose of prior notification. The $15 million for the preceding three prior notification of ground station ac- years. tivation or modification is for informa- (b) Bidding credits in the commercial tional purposes only: public safety/CII Air-Ground Radiotelephone Service. licensees are not afforded the right to (1) A winning bidder that qualifies as accept or reject the activation of a pro- a small business, as defined in this sec- posed ground station or to unilaterally tion, or a consortium of small busi- require changes in its operating param- nesses may use a bidding credit of 15 eters. The principal purposes of prior percent, as specified in § 1.2110(f)(2)(iii) notification are to: of this chapter, to lower the cost of its winning bid on a commercial Air- (1) Allow a public safety licensee to Ground Radiotelephone Service li- advise the commercial aviation air- cense. ground system licensee whether it believes a proposed ground station will (2) A winning bidder that qualifies as generate unacceptable interference; a very small business, as defined in this section, or a consortium of very small (2) Permit commercial aviation air- businesses may use a bidding credit of ground system licensee(s) to make vol- 25 percent, as specified in untary changes in ground station pa- § 1.2110(f)(2)(ii) of this chapter, to lower rameters when a public safety licensee the cost of its winning bid on a com- alerts them to possible interference; mercial Air-Ground Radiotelephone and Service license. (3) Rapidly identify the source if interference is encountered when the [70 FR 76417, Dec. 27, 2005] ground station is activated. [70 FR 19312, Apr. 13, 2005] Subpart H—Cellular Radiotelephone Service § 22.881 Air-Ground Radiotelephone Service subject to competitive bid- § 22.900 Scope. ding. The rules in this subpart govern the Mutually exclusive initial applica- licensing and operation of cellular rations for general aviation Air-Ground diotelephone systems. Licensing and Radiotelephone Service licenses and operation of these systems are also mutually exclusive initial applications subject to rules elsewhere in this part for commercial Air-Ground Radio- that apply generally to the Public Mo- telephone Service licenses are subject bile Services. In case of conflict, how- to competitive bidding. The general ever, the rules in this subpart govern. competitive bidding procedures set forth in part 1, subpart Q, of this chap- § 22.901 Cellular service requirements and limitations. ter will apply unless otherwise provided in this subpart. The licensee of each Cellular system is responsible for ensuring that its Cel- [70 FR 76417, Dec. 27, 2005] lular system operates in compliance with this section. Each Cellular system § 22.882 Designated entities. must provide either mobile service, (a) Eligibility for small business pro- fixed service, or a combination of mo- visions in the commercial Air-Ground bile and fixed service, subject to the re- Radiotelephone Service. quirements, limitations and exceptions

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in this section. Mobile service provided censees must notify the Commission by may be of any type, including two-way updating FCC Form 601. radiotelephone, dispatch, one-way or [59 FR 59507, Nov. 17, 1994, as amended at 63 two-way paging, and personal commu- FR 68951, Dec. 14, 1998] nications services (as defined in part 24 of this chapter). Fixed service is con- § 22.909 Cellular markets. sidered to be primary service, as is mo- Cellular Market Areas (CMAs) are bile service. When both mobile and standard geographic areas used by the fixed services are provided, they are FCC for administrative convenience in considered to be co-primary services. the licensing of Cellular systems. In providing Cellular service, each Cel- CMAs comprise Metropolitan Statis- lular system may incorporate any tical Areas (MSAs) and Rural Service technology that meets all applicable Areas (RSAs). All CMAs and the coun- technical requirements in this part. ties they comprise are listed in: ‘‘Com- [79 FR 72151, Dec. 5, 2014] mon Carrier Public Mobile Services In- formation, Cellular MSA/RSA Markets § 22.905 Channels for cellular service. and Counties,’’ Public Notice, Rep. No. The following frequency bands are al- CL–92–40, 7 FCC Rcd 742 (1992). located for assignment to service pro- (a) MSAs. Metropolitan Statistical viders in the Cellular Radiotelephone Areas are 306 areas, including New Eng- Service. land County Metropolitan Areas and (a) Channel Block A: 869–880 MHz the Gulf of Mexico Service Area (water paired with 824–835 MHz, and 890–891.5 area of the Gulf of Mexico, border is MHz paired with 845–846.5 MHz. the coastline), defined by the Office of (b) Channel Block B: 880–890 MHz Management and Budget, as modified paired with 835–845 MHz, and 891.5–894 by the FCC. MHz paired with 846.5–849 MHz. (b) RSAs. Rural Service Areas are 428 areas, other than MSAs, established by [67 FR 77191, Dec. 17, 2002] the FCC. § 22.907 Coordination of channel [59 FR 59507, Nov. 17, 1994, as amended at 79 usage. FR 72151, Dec. 5, 2014] Licensees in the Cellular Radio- telephone Service must coordinate, § 22.911 Cellular geographic service with the appropriate parties, channel area. usage at each transmitter location The Cellular Geographic Service within 121 kilometers (75 miles) of any Area (CGSA) of a cellular system is the transmitter locations authorized to geographic area considered by the FCC other licensees or proposed by ten- to be served by the cellular system. tative selectees or other applicants, ex- The CGSA is the area within which cel- cept those with mutually exclusive ap- lular systems are entitled to protection plications. and within which adverse effects for (a) Licensees must cooperate and the purpose of determining whether a make reasonable efforts to resolve petitioner has standing are recognized. technical problems that may inhibit ef- (a) CGSA determination. The CGSA is fective and efficient use of the cellular the composite of the service areas of radio spectrum; however, licensees are all of the cells in the system, excluding not obligated to suggest extensive any Unserved Area (even if it is served changes to or redesign other licensees’ on a secondary basis) or area within cellular systems. Licensees must make the CGSA of another Cellular system. reasonable efforts to avoid blocking The service area of a cell is the area the growth of other cellular systems within its service area boundary (SAB). that are likely to need additional ca- The distance to the SAB is calculated pacity in the future. as a function of effective radiated (b) If technical problems are ad- power (ERP) and antenna center of ra- dressed by an agreement or operating diation height above average terrain agreement between the licensees that (HAAT), height above sea level (HASL), would result in a reduction of quality or height above mean sea level or capacity of either system, the li- (HAMSL).

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(1) Except as provided in paragraphs (b) Alternative CGSA determination. If (a)(2) and (b) of this section, the dis- a carrier believes that the method de- tance from a cell transmitting antenna scribed in paragraph (a) of this section to its SAB along each cardinal radial is produces a CGSA that departs signifi- calculated as follows: cantly (±20% in the service area of any d = 2.531 × h0.34 × p0.17 cell) from the geographic area where reliable cellular service is actually pro- where: vided, the carrier may submit, as an d is the radial distance in kilometers exhibit to an application for modifica- h is the radial antenna HAAT in meters tion of the CGSA using FCC Form 601, p is the radial ERP in Watts a depiction of what the carrier believes (2) The distance from a cell transmit- the CGSA should be. Such submissions ting antenna located in the Gulf of must be accompanied by one or more Mexico Service Area (GMSA) to its supporting propagation studies using SAB along each cardinal radial is cal- methods appropriate for the 800–900 culated as follows: MHz frequency range, including all supporting data and calculations, and/ d = 6.895 × h0.30 × p0.15 or by extensive field strength measure- Where: ment data. For the purpose of such d is the radial distance in kilometers submissions, cellular service is consid- h is the radial antenna HAAT in meters ered to be provided in all areas, includ- p is the radial ERP in Watts ing ‘‘dead spots’’, between the trans- (3) The value used for h in the for- mitter location and the locus of points mula in paragraph (a)(2) of this section where the predicted or measured me- must not be less than 8 meters (26 feet) dian field strength finally drops to 32 μ μ HASL (or HAMSL, as appropriate for dB V/m (i.e. does not exceed 32 dB V/m the support structure). The value used further out). If, after consideration of for h in the formula in paragraph (a)(1) such submissions, the FCC finds that of this section must not be less than 30 adjustment to a CGSA is warranted, meters (98 feet) HAAT, except that for the FCC may grant the application. unserved area applications proposing a (1) The alternative CGSA determina- cell with an ERP not exceeding 10 tion must define the CGSA in terms of Watts, the value for h used in the for- distances from the cell sites to the 32 mula in paragraph (a)(1) of this section dBuV/m contour along the eight car- to determine the service area boundary dinal radials, with points in other azi- for that cell may be less than 30 meters muthal directions determined by the (98 feet) HAAT, but not less than 3 me- method given in paragraph (a)(6) of this ters (10 feet) HAAT. section. The distances used for the car- (4) The value used for p in the for- dinal radials must be representative of mulas in paragraphs (a)(1) and (a)(2) of the coverage within the 45° sectors, as this section must not be less than 0.1 depicted by the alternative CGSA de- Watt or 27 dB less than (1/500 of) the termination. maximum ERP in any direction, (2) If an uncalibrated predictive whichever is more. model is used to depict the CGSA, the (5) Whenever use of the formula in alternative CGSA determination must paragraph (a)(1) of this section pursu- identify factors (e.g. terrain roughness ant to the exception contained in para- or features) that could plausibly ac- graph (a)(3) of this section results in a count for the difference between actual calculated distance that is less than 5.4 coverage and that defined by the for- kilometers (3.4 miles), the radial dis- mula in paragraph (a)(1) of this section. tance to the service area boundary is If actual measurements or a measure- deemed to be 5.4 kilometers (3.4 miles). ment-calibrated predictive model are (6) The distance from a cell transmit- used to depict the CGSA, and this fact ting antenna to the SAB along any ra- is disclosed in the alternative CGSA dial other than the eight cardinal determination, it is not necessary to radials is calculated by linear inter- offer an explanation of the difference polation of distance as a function of between actual coverage and that de- angle. fined by the formula in paragraph (a)(1)

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of this section. If the formula in para- § 22.911) that extend outside of the li- graph (a)(1) of this section is clearly in- censee’s Cellular Geographic Service applicable for the cell(s) in question Area (CGSA) boundary into Unserved (e.g. for microcells), this should be dis- Area or into the CGSA of a neighboring closed in the alternative CGSA deter- co-channel licensee. Service within mination. SAB extensions is not protected from (3) The provision for alternative interference or capture under § 22.911(d) CGSA determinations was made in rec- unless and until the area within the ognition that the formula in paragraph SAB extension becomes part of the (a)(1) of this section is a general model CGSA in compliance with all applica- that provides a reasonable approxima- ble rules. tion of coverage in most land areas, (a) Extensions into Unserved Area. Sub- but may under-predict or over-predict ject to paragraph (c) of this section, coverage in specific areas with unusual the licensee of a Cellular system may, terrain roughness or features, and may at any time, extend its SAB into be inapplicable for certain purposes, Unserved Area and provide service on a e.g., cells with a coverage radius of less secondary basis only, provided that the than 8 kilometers (5 miles). In such extension area comprises less than 130 cases, alternative methods that utilize contiguous square kilometers (50 con- more specific models are appropriate. tiguous square miles). If more than one Accordingly, the FCC does not consider licensee of a Cellular system extends use of the formula in paragraph (a)(1) into all or a portion of the same of this section with parameters outside Unserved Area under this section, all of the limits in paragraphs (a)(3), (a)(4) such licensees may provide service in and (a)(5) of this section or with data such Unserved Area on a shared sec- for radials other than the cardinal ondary (unprotected) basis only. radials to be a valid alternative meth- (b) Contract extensions. The licensee od for determining the CGSA of a cel- of any Cellular system may, at any lular system. time, enter into a contract with an ap- (c) [Reserved] plicant for, or a licensee of, a Cellular (d) Protection afforded. Cellular sys- system on the same channel block to tems are entitled to protection only allow one or more SAB extensions into within the CGSA (as determined in ac- its CGSA (not into Unserved Area). cordance with this section) from co- (c) Gulf of Mexico Service Area. Land- channel and first-adjacent channel in- based Cellular system licensees may terference and from capture of sub- not extend their SABs into the Gulf of scriber traffic by adjacent systems on Mexico Exclusive Zone (GMEZ) absent the same channel block. Licensees written contractual consent of the co- must cooperate in resolving co-channel channel GMEZ licensee. GMEZ licens- and first-adjacent channel interference ees may not extend their SABs into the by changing channels used at specific CGSA of a licensee on the same chan- cells or by other technical means. nel block in an adjacent CMA or the (e) Unserved Area. Unserved Area is Gulf of Mexico Coastal Zone absent area outside of all existing CGSAs on written contractual consent of the co- either of the channel blocks, to which channel licensee. the Communications Act of 1934, as amended, is applicable. [79 FR 72151, Dec. 5, 2014] [59 FR 59507, Nov. 17, 1994, as amended at 59 § 22.913 Effective radiated power lim- FR 59954, Nov. 21, 1994; 63 FR 68951, Dec. 14, its. 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. 17, 2002; 68 FR 42295, July 17, 2003; 79 FR 72151, The effective radiated power (ERP) of Dec. 5, 2014] transmitters in the Cellular Radio- telephone Service must not exceed the § 22.912 Service area boundary exten- limits in this section. sions. (a) Maximum ERP. In general, the ef- This section contains rules governing fective radiated power (ERP) of base service area boundary (SAB) exten- transmitters and cellular repeaters sions. SAB extensions are areas (cal- must not exceed 500 Watts. However, culated using the methodology of for those systems operating in areas

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more than 72 km (45 miles) from inter- emission bandwidth of the fundamental national borders that: emission of the transmitter may be (1) Are located in counties with popu- employed. A narrower resolution band- lation densities of 100 persons or fewer width is permitted in all cases to im- per square mile, based upon the most prove measurement accuracy provided recently available population statistics the measured power is integrated over from the Bureau of the Census; or, the full required measurement band- (2) Extend coverage on a secondary width (i.e. 100 kHz or 1 percent of emis- basis into cellular unserved areas, as sion bandwidth, as specified). The those areas are defined in § 22.949, the emission bandwidth is defined as the ERP of base transmitters and cellular width of the signal between two points, repeaters of such systems must not ex- one below the carrier center frequency ceed 1000 Watts. The ERP of mobile and one above the carrier center fre- transmitters and auxiliary test trans- quency, outside of which all emissions mitters must not exceed 7 Watts. are attenuated at least 26 dB below the (b) Height-power limit. The ERP of transmitter power. base transmitters must not exceed the (c) Alternative out of band emission amount that would result in an aver- limit. Licensees in this service may es- age distance to the service area bound- tablish an alternative out of band ary of 79.1 kilometers (49 miles) for cel- emission limit to be used at specified lular systems authorized to serve the band edge(s) in specified geographical Gulf of Mexico MSA and 40.2 kilo- areas, in lieu of that set forth in this meters (25 miles) for all other cellular section, pursuant to a private contrac- systems. The average distance to the tual arrangement of all affected licens- service area boundary is calculated by ees and applicants. In this event, each taking the arithmetic mean of the dis- party to such contract shall maintain a tances determined using the procedures copy of the contract in their station specified in § 22.911 for the eight car- files and disclose it to prospective as- dinal radial directions. signees or transferees and, upon re- (c) Coordination exemption. Licensees quest, to the FCC. need not comply with the height-power (d) Interference caused by out of band limit in paragraph (b) of this section if emissions. If any emission from a trans- the proposed operation is coordinated mitter operating in this service results with the licensees of all affected cel- in interference to users of another lular systems on the same channel radio service, the FCC may require a block within 121 kilometers (75 miles) greater attenuation of that emission and concurrence is obtained. than specified in this section. [59 FR 59507, Nov. 17, 1994, as amended at 69 [67 FR 77191, Dec. 17, 2002] FR 75171, Dec. 15, 2004] § 22.921 911 call processing proce- § 22.917 Emission limitations for cel- dures; 911-only calling mode. lular equipment. Mobile telephones manufactured The rules in this section govern the after February 13, 2000 that are capable spectral characteristics of emissions in of operating in the analog mode de- the Cellular Radiotelephone Service. scribed in the standard document ANSI (a) Out of band emissions. The power TIA/EIA–553–A–1999 Mobile Station— of any emission outside of the author- Base Station Compatibility Standard ized operating frequency ranges must (approved October 14, 1999—available be attenuated below the transmitting for purchase from Global Engineering power (P) by a factor of at least 43 + 10 Documents, 15 Inverness East, Engle- log(P) dB. wood, CO 80112), must incorporate a (b) Measurement procedure. Compli- special procedure for processing 911 ance with these rules is based on the calls. Such procedure must recognize use of measurement instrumentation when a 911 call is made and, at such employing a resolution bandwidth of time, must override any programming 100 kHz or greater. In the 1 MHz bands in the mobile unit that determines the immediately outside and adjacent to handling of a non-911 call and permit the frequency block a resolution band- the call to be transmitted through the width of at least one percent of the analog systems of other carriers. This

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special procedure must incorporate one mobile stations as if they were sub- or more of the 911 call system selection scribers to it. processes endorsed or approved by the FCC. § 22.929 [Reserved]

[67 FR 77192, Dec. 17, 2002] § 22.935 Procedures for comparative renewal proceedings. § 22.923 Cellular system configuration. The procedures in this section apply Mobile stations communicate with to comparative renewal proceedings in and through base transmitters only. the Cellular Radiotelephone Service. Base transmitters communicate with mobile stations directly or through cel- (a) If one or more of the applications lular repeaters. Auxiliary test stations competing with an application for re- may communicate with base or mobile newal of a cellular authorization are stations for the purpose of testing filed, the renewal applicant must file equipment. with the Commission its original renewal expectancy showing electroni- § 22.925 Prohibition on airborne oper- cally via the ULS. This filing must be ation of cellular telephones. submitted no later than 60 days after Cellular telephones installed in or the date of the Public Notice listing as carried aboard airplanes, balloons or acceptable for filing the renewal appli- any other type of aircraft must not be cation and the competing applications. operated while such aircraft are air- (b) Interested parties may file peti- borne (not touching the ground). When tions to deny any of the mutually ex- any aircraft leaves the ground, all cel- clusive applications. Any such peti- lular telephones on board that aircraft tions to deny must be filed no later must be turned off. The following no- than 30 days after the date that the re- tice must be posted on or near each cel- newal applicant submitted its renewal lular telephone installed in any air- expectancy showing. Applicants may craft: file replies to any petitions to deny ap- ‘‘The use of cellular telephones while plications that are filed. Any such re- this aircraft is airborne is prohibited plies must be filed no later than 15 by FCC rules, and the violation of this days after the date that the petition(s) rule could result in suspension of serv- to deny was filed. No further pleadings ice and/or a fine. The use of cellular will be accepted. telephones while this aircraft is on the ground is subject to FAA regulations.’’ (c) In most instances, the renewal application and any competing applica- § 22.927 Responsibility for mobile stations will be designated for a two-step tions. procedure. An Administrative Law Mobile stations that are subscribers Judge (Presiding Judge) will conduct a in good standing to a cellular system, threshold hearing (step one), in which when receiving service from that cel- both the licensee and the competing lular system, are considered to be oper- applicants will be parties, to determine ating under the authorization of that whether the renewal applicant deserves cellular system. Cellular system licens- a renewal expectancy. If the order des- ees are responsible for exercising effec- ignating the applications for hearing tive operational control over mobile specifies any basic qualifying issues stations receiving service through against the licensee, those issues will their cellular systems. Mobile stations be tried in this threshold hearing. If that are subscribers in good standing the Presiding Judge determines that to a cellular system, while receiving the renewal applicant is basically service from a different cellular sys- qualified and due a renewal expect- tem, are considered to be operating ancy, the competing applicants will be under the authorization of such dif- found ineligible for further consider- ferent system. The licensee of such dif- ation and their applications will be de- ferent system is responsible, during nied. If the Presiding Judge determines such temporary period, for exercising that the renewal applicant does not effective operational control over such

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merit a renewal expectancy but is oth- each applicant will identify and offer erwise qualified, then all of the appli- its previously circulated direct and re- cations will be considered in a com- buttal exhibits, and each party will parative hearing (step two). have an opportunity to lodge objec- (d) Any competing applicant may re- tions. quest a waiver of the threshold hearing (2) After accepting the exhibits into (step one), if such applicant dem- evidence, the Presiding Judge will en- onstrates that its proposal so far ex- tertain motions to cross-examine and ceeds the service already being pro- rule whether any sponsoring witness vided that there would be no purpose in needs to be produced for cross-exam- making a threshold determination as ination. to whether the renewal applicant de- Determination of what, if any, cross- served a renewal expectancy vis-a-vis examination is necessary is within the such a competing applicant. Any such sound judicial discretion of the Pre- waiver request must be filed at the siding Judge, the prevailing standard time the requestor’s application is being whether the person requesting filed. Petitions opposing such waiver cross-examination has persuasively requests may be filed. Any such peti- demonstrated that written evidence is tions must be filed no later than 30 ineffectual to develop proof. If cross- days after the date that the renewal examination is necessary, the Pre- applicant submitted its renewal ex- siding Judge will specify a date for the pectancy showing. Replies to any peti- appearance of all witnesses. In additions opposing such waiver requests tion, if the designation order points may be filed. Any such replies must be out an area where additional under- filed no later than 15 days after the lying data is needed, the Presiding date that the petition(s) were filed. No Judge will have the authority to per- further pleadings will be accepted. Any mit the limited use of discovery proce- waiver request submitted pursuant to dures. Finally, the Presiding Judge this paragraph will be acted upon prior may find that certain additional testi- to designating the applications for mony or cross-examination is needed hearing. If a request to waive the to provide a complete record for the threshold hearing (step one) is granted, FCC. If so, the Presiding Judge may the renewal expectancy issue will be schedule a further session. designated as part of the comparative (3) After the hearing record is closed, hearing (step two), and will remain the the Presiding Judge may request Pro- most important comparative factor in posed Findings of Fact and Conclusions deciding the case, as provided in of Law to be filed no later than 30 days § 22.940(a). after the final hearing session. Replies (e) If the Presiding Judge issues a are not permitted except in unusual ruling in the threshold (step one) that cases and then only with respect to the denies the licensee a renewal expect- specific issues named by the Presiding ancy, all of the applicants involved in Judge. the proceeding will be allowed to file direct cases no later than 90 days after (4) The Presiding Judge will then the release date of the Presiding issue an Initial Decision, preferably Judge’s ruling. Rebuttal cases must be within 60 days of receipt of the last filed no later than 30 days after the pleadings. If mutually exclusive appli- date that the direct cases were filed. cations are before the Presiding Judge, (f) The Presiding Judge shall use the the Presiding Judge will determine expedited hearing procedures delin- which applicant is best qualified. The eated in this paragraph in both thresh- Presiding Judge may also rank the ap- old (step one) and comparative (step plicants in order of merit if there are two) hearings conducted in compara- more than two. tive cellular renewal proceedings. (5) Parties will have 30 days in which (1) The Presiding Judge will schedule to file exceptions to the Initial Deci- a first hearing session as soon as prac- sion. ticable after the date for filing rebuttal [59 FR 59507, Nov. 17, 1994, as amended at 62 evidence. This first session will be an FR 4172, Jan. 29, 1997; 63 FR 68951, Dec. 14, evidentiary admission session at which 1998]

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§ 22.936 Dismissal of applications in (1) Affidavits filed pursuant to this cellular renewal proceedings. section must be executed by the filing Any applicant that has filed an appli- party, if an individual, a partner hav- cation in the Cellular Radiotelephone ing personal knowledge of the facts, if Service that is mutually exclusive with a partnership, or an officer having per- an application for renewal of a cellular sonal knowledge of the facts, if a cor- authorization (competing application), poration or association. and seeks to resolve the mutual exclu- (2) Applications are deemed to be sivity by requesting dismissal of its ap- pending before the FCC from the time plication, must obtain the approval of the application is filed with the FCC the FCC. until such time as an order of the FCC (a) If a competing applicant seeks to granting, denying or dismissing the ap- dismiss its application prior to the Ini- plication is no longer subject to recon- tial Decision stage of the hearing on its sideration by the FCC or to review by application, it must submit to the any court. Commission a request for approval of (3) ‘‘Legitimate and prudent ex- the dismissal of its application. This penses’’ are those expenses reasonably request for approval of the dismissal of incurred by a party in preparing to file, its application must be submitted and filing, prosecuting and/or settling its must also include a copy of any agree- application for which reimbursement is ment related to the withdrawal or dis- sought. missal, and an affidavit setting forth: (4) ‘‘Other consideration’’ consists of (1) A certification that neither the petitioner nor its principals has re- financial concessions, including, but ceived or will receive any money or not limited to, the transfer of assets or other consideration in excess of legiti- the provision of tangible pecuniary mate and prudent expenses in exchange benefit, as well as non-financial con- for the withdrawal or dismissal of the cessions that confer any type of benefit application, except that this provision on the recipient. does not apply to dismissal or with- [59 FR 59507, Nov. 17, 1994, as amended at 63 drawal of applications pursuant to bona FR 68951, Dec. 14, 1998] fide merger agreements; (2) The exact nature and amount of § 22.939 Site availability requirements any consideration received or prom- for applications competing with cel- ised; lular renewal applications. (3) An itemized accounting of the ex- In addition to the other requirements penses for which it seeks reimburse- set forth in this part for initial cellular ment; and applications, any application com- (4) The terms of any oral agreement peting against a cellular renewal appli- related to the withdrawal or dismissal cation must contain, when initially of the application. filed, appropriate documentation dem- (b) In addition, within 5 days of the onstrating that its proposed antenna filing date of the applicant or peti- site(s) will be available. Competing ap- tioner’s request for approval, each re- plications that do not include such doc- maining party to any written or oral umentation will be dismissed. If the agreement must submit an affidavit setting forth: competing applicant does not own a (1) A certification that neither the particular site, it must, at a minimum applicant nor its principals has paid or demonstrate that the site is available will pay money or other consideration to it by providing a letter from the in excess of the legitimate and prudent owner of the proposed antenna site ex- expenses of the petitioner in exchange pressing the owner’s intent to sell or for withdrawing or dismissing the ap- lease the proposed site to the appli- plication; and cant. If any proposed antenna site is (2) The terms of any oral agreement under U.S. Government control, the ap- relating to the withdrawal or dismissal plicant must submit written confirma- of the application. tion of the site’s availability from the (c) For the purposes of this section:

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appropriate Government agency. Appli- (iv) Copies of all FCC orders finding cants which file competing applica- the licensee to have violated the Com- tions against incumbent cellular li- munications Act or any FCC rule or censees may not rely on the assump- policy; and a list of any pending pro- tion that an incumbent licensee’s an- ceedings that relate to any matter de- tenna sites are available for their use. scribed in this paragraph. (3) In making its showing of entitle- § 22.940 Criteria for comparative cel- ment to a renewal expectancy, a re- lular renewal proceedings. newal applicant may claim credit for This section sets forth criteria to be any system modification applications used in comparative cellular renewal that were pending on the date it filed proceedings. The ultimate issue in its renewal application. Such credit comparative renewal proceedings will will not be allowed if the modification be to determine, in light of the evi- application is dismissed or denied. dence adduced in the proceeding, what (b) Additional comparative issues. The disposition of the applications would following additional comparative best serve the public interest, conven- issues will be included in comparative ience and necessity. cellular renewal proceedings, if a full (a) Renewal expectancies. The most comparative hearing is conducted pur- important comparative factor to be suant to § 22.935(c). considered in a comparative cellular (1) To determine on a comparative renewal proceeding is a major pref- basis the geographic areas and popu- erence, commonly referred to as a ‘‘relation that each applicant proposes to newal expectancy.’’ serve; to determine and compare the relative demand for the services pro- (1) The cellular renewal applicant in- posed in said areas; and to determine volved in a comparative renewal pro- and compare the ability of each appli- ceeding will receive a renewal expect- cant’s cellular system to accommodate ancy, if its past record for the relevant the anticipated demand for both local license period demonstrates that: and roamer service; (i) The renewal applicant has pro- (2) To determine on a comparative vided ‘‘substantial’’ service during its basis each applicant’s proposal for ex- past license term. ‘‘Substantial’’ serv- panding its system capacity in a co- ice is defined as service which is sound, ordinated manner in order to meet an- favorable, and substantially above a ticipated increasing demand for both level of mediocre service which just local and roamer service; might minimally warrant renewal; and (3) To determine on a comparative (ii) The renewal applicant has sub- basis the nature and extent of the serv- stantially compiled with applicable ice proposed by each applicant, includ- FCC rules, policies and the Commu- ing each applicant’s proposed rates, nications Act of 1934, as amended. charges, maintenance, personnel, prac- (2) In order to establish its right to a tices, classifications, regulations and renewal expectancy, a cellular renewal facilities (including switching capabili- applicant involved in a comparative re- ties); and newal proceeding must submit a show- (4) To determine on a comparative ing explaining why it should receive a basis each applicant’s past perform- renewal expectancy. At a minimum, ance in the cellular industry or an- this showing must include. other business of comparable type and (i) A description of its current service size. in terms of geographic coverage and (c) Additional showings for competing population served, as well as the sys- applications. With respect to evidence tem’s ability to accommodate the introduced pursuant to paragraph (b)(3) needs of roamers; of this section, any applicant filing a (ii) An explanation of its record of ex- competing application against a cel- pansion, including a timetable of the lular renewal application (competing construction of new cell sites to meet applicant) who claims a preference for changes in demand for cellular service; offering any service not currently of- (iii) A description of its investments fered by the incumbent licensee must in its cellular system; and demonstrate that there is demand for

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that new service and also present a providing service to mobile stations business plan showing that the com- operated by subscribers and roamers. peting applicant can operate the sys- The licensee must notify the FCC (FCC tem economically. Any competing ap- Form 601) after the requirements of plicant who proposes to replace analog this section are met. See § 1.946 of this technology with digital technology chapter. See also § 22.949. will receive no credit for its proposal [79 FR 72151, Dec. 5, 2014] unless it submits a business plan showing how it will operate its system eco- § 22.947 [Reserved] nomically and how it will provide more comprehensive service than does the § 22.948 Geographic partitioning and incumbent licensee with existing and spectrum disaggregation; spectrum implemented cellular technology. leasing. Cellular licensees may apply to parti- § 22.943 Limitations on transfer of con- tion any portion of their licensed Cel- trol and assignment for authoriza- lular Geographic Service Area (CGSA) tions issued as a result of a com- or to disaggregate their licensed spec- parative renewal proceeding. trum at any time following the grant Except as otherwise provided in this of their authorization(s). Parties seek- section, the FCC does not accept appli- ing approval for partitioning and cations for consent to transfer of con- disaggregation shall request from the trol or for assignment of the authoriza- FCC an authorization for partial as- tion of a cellular system that has been signment of a license pursuant to § 1.948 acquired by the current licensee for the of this chapter. See also paragraph (d) first time as a result of a comparative of this section regarding spectrum leas- renewal proceeding until the system ing. has provided service to subscribers for (a) Partitioning, disaggregation, or com- at least three years. bined partitioning and disaggregation. (a) The FCC may accept and grant Applicants must file FCC Form 603 applications for consent to transfer of (‘‘Assignment of Authorization and control or for assignment of the au- Transfer of Control’’) pursuant to thorization of a cellular system that is § 1.948 of this chapter, as well as GIS to be transferred as a part of a bona map files and a reduced-size PDF map fide sale of an on-going business to pursuant to § 22.953 for both the as- which the cellular operation is inci- signor and assignee. dental. (b) Field strength limit. For purposes (b) The FCC may accept and grant of partitioning and disaggregation, Cel- applications for consent to transfer of lular systems must be designed so as to control or for assignment of the au- comply with § 22.983. thorization of a cellular system that is (c) License term. The license term for to be transferred as a result of the a partitioned license area and for death of the licensee. disaggregated spectrum will be the re- (c) The FCC may accept and grant mainder of the original license term. applications for consent to transfer of (d) Spectrum leasing. Cellular spec- control or for assignment of authoriza- trum leasing is subject to all application if the transfer or assignment is ble provisions of subpart X of part 1 of pro forma and does not involve a this chapter as well as the provisions of change in ownership. paragraph (a) of this section, except that applicants must file FCC Form 608 [67 FR 77192, Dec. 17, 2002] (‘‘Application or Notification for Spec- § 22.946 Construction period for trum Leasing Arrangement or Private Unserved Area authorizations. Commons Arrangement’’), not FCC The construction period applicable to Form 603. new or modified Cellular facilities for [79 FR 72152, Dec. 5, 2014] which an authorization is granted pursuant to the Unserved Area process is § 22.949 Unserved Area licensing; min- one year, beginning on the date the au- imum coverage requirements. thorization is granted. To satisfy this (a) The Unserved Area licensing proc- requirement, a Cellular system must be ess described in this section is on-going

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and applications may be filed at any (1) Gulf of Mexico Exclusive Zone. The time, subject to the following coverage geographical area within the Gulf of requirements: Mexico Service Area that lies between (1) Applicants for authority to oper- the coastline line and the southern de- ate a new Cellular system or expand an marcation line of the Gulf of Mexico existing Cellular Geographic Service Service Area, excluding the area com- Area (CGSA) in Unserved Area must prising the Gulf of Mexico Coastal propose a CGSA or CGSA expansion of Zone. at least 130 contiguous square kilo- (2) Gulf of Mexico Coastal Zone. The meters (50 contiguous square miles) geographical area within the Gulf of using the methodology of § 22.911. Mexico Service Area that lies between (2) Applicants for authority to oper- the coast line of Florida and a line ex- ate a new Cellular system must not tending approximately twelve nautical propose coverage of water areas only miles due south from the coastline (or water areas and uninhabited islands boundary of the States of Florida and or reefs only), except for Unserved Area Alabama, and continuing along the in the Gulf of Mexico Service Area. west coast of Florida at a distance of (b) There is no limit to the number of twelve nautical miles from the shore- Unserved Area applications that may line. The line is defined by Great Circle be granted on each channel block of arcs connecting the following points each CMA that is subject to the proce- (geographical coordinates listed as dures of this section. Consequently, North Latitude, West Longitude) con- Unserved Area applications are mutu- secutively in the order listed: ally exclusive only if the proposed (i) 30°16′49″ N 87°31′06″ W CGSAs would overlap. Mutually exclu- (ii) 30°04′35″ N 87°31′06″ W sive applications are processed using (iii) 30°10′56″ N 86°26′53″ W the general procedures under § 22.131. (iv) 30°03′00″ N 86°00′29″ W (c) Unserved Area applications under (v) 29°33′00″ N 85°32′49″ W this section may propose a CGSA cov- (vi) 29°23′21″ N 85°02′06″ W ering more than one CMA. Each (vii) 29°49′44″ N 83°59′02″ W Unserved Area application must re- (viii) 28°54′00″ N 83°05′33″ W quest authorization for only one CGSA (ix) 28°34′41″ N 82°53′38″ W and must not propose a CGSA overlap (x) 27°50′39″ N 83°04′27″ W with an existing CGSA. (xi) 26°24′22″ N 82°23′22″ W (d) Settlements among some, but not (xii) 25°41′39″ N 81°49′40″ W all, applicants with mutually exclusive (xiii) 24°59′02″ N 81°15′04″ W applications for Unserved Area (partial (xiv) 24°44′23″ N 81°57′04″ W settlements) under this section are pro- (xv) 24°32′37″ N 82°02′01″ W hibited. Settlements among all appli- (b) Service Area Boundary Calculation. cants with mutually exclusive applica- The service area boundary of a cell site tions under this section (full settle- located within the Gulf of Mexico Serv- ments) are allowed and must be filed ice Area is calculated pursuant to no later than the date that the FCC § 22.911(a)(2). Otherwise, the service Form 175 (short-form) is filed. area boundary is calculated pursuant to § 22.911(a)(1) or § 22.911(b). [79 FR 72152, Dec. 5, 2014] (c) Gulf of Mexico Exclusive Zone § 22.950 Provision of service in the (GMEZ). GMEZ licensees have an ex- Gulf of Mexico Service Area clusive right to provide Cellular serv- (GMSA). ice in the GMEZ, and may add, modify, The GMSA has been divided into two or remove facilities anywhere within areas for licensing purposes, the Gulf of the GMEZ without prior FCC approval. Mexico Exclusive Zone (GMEZ) and the There is no Unserved Area licensing Gulf of Mexico Coastal Zone (GMCZ). procedure for the GMEZ. This section describes these areas and (d) Gulf of Mexico Coastal Zone sets forth the process for licensing fa- (GMCZ). The GMCZ is subject to the cilities in these two respective areas Unserved Area licensing procedures set within the GMSA. forth in § 22.949. (a) The GMEZ and GMCZ are defined [67 FR 9610, Mar. 4, 2002, as amended at 79 FR as follows: 72152, Dec. 5, 2014]

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§ 22.951 [Reserved] maximum lobe of the antenna, a polar plot of the horizontal gain pattern of § 22.953 Content and form of applica- the antenna, antenna height to tip tions for Cellular Unserved Area above ground level, the height of the authorizations. center of radiation of the antenna Applications for authority to operate above the average terrain, the max- a new Cellular system or to modify an imum effective radiated power, and the existing Cellular system must comply electric field polarization of the wave with the specifications in this section. emitted by the antenna when installed (a) New Systems. In addition to infor- as proposed to the requesting party mation required by subpart B of this within ten (10) days of receiving writ- part and by FCC Form 601, applications ten notification. for an Unserved Area authorization to operate a Cellular system must comply (4)–(10) [Reserved] with all applicable requirements set (11) Additional information. The FCC forth in part 1 of this chapter, includ- may request information not specified ing the requirements specified in in FCC Form 601 or in paragraphs (a)(1) §§ 1.913, 1.923, and 1.924, and must in- through (a)(3) of this section as nec- clude the information listed below. essary to process an application. Geographical coordinates must be cor- (b) Existing systems—major modifica- rect to ±1 second using the NAD 83 tions. Licensees making major modi- datum. fications pursuant to § 1.929(a) and (b) (1) Exhibit I—Geographic Information of this chapter must file FCC Form 601 System (GIS) map files. Geographic In- and comply with the requirements of formation System (GIS) map files must paragraph (a) of this section. be submitted showing the entire pro- (c) Existing systems—minor modifica- posed CGSA, the new cell sites (trans- tions. Licensees making minor modi- mitting antenna locations), and the fications pursuant to § 1.929(k) of this service area boundaries of additional chapter, must file FCC Form 601 or and modified cell sites that extend into FCC Form 603. See also § 22.169. If the Unserved Area being claimed as CGSA. modification involves a contract SAB See § 22.911. The FCC will specify the extension into or from the Gulf of Mex- file format required for the GIS map ico Exclusive Zone, it must include a files, which are to be submitted electronically via the Universal Licensing certification that the required written System (ULS). consent has been obtained. See (2) Exhibit II—Reduced-size PDF map. § 22.912(c). This map must be 81⁄2 × 11 inches (if [79 FR 72152, Dec. 5, 2014] possible, a proportional reduction of a 1:500,000 scale map). The map must § 22.955 Canadian condition. have a legend, a distance scale, and Pursuant to an agreement between correctly labeled latitude and lon- the FCC and the Department of Com- gitude lines. The map must be clear and legible. The map must accurately munications in Canada, authorizations show the entire proposed CGSA, the for cellular systems within 72 kilo- new cell sites (transmitting antenna meters (45 miles) of the U.S.-Canadian locations), the service area boundaries border must have the following condi- of additional and modified cell sites tion attached: that extend beyond the CGSA, and the This authorization is subject to the condi- relevant portions of the CMA bound- tion that, in the event that cellular systems ary. See § 22.911. using the same channel block as granted (3) Exhibit III—Technical Information. herein are authorized in adjacent territory In addition, upon request by an appli- in Canada, coordination of any of your trans- cant, licensee, or the FCC, a Cellular mitter installations which are within 72 kilo- applicant or licensee of whom the re- meters (45 miles) of the U.S.-Canadian border quest is made shall furnish the antenna shall be required to eliminate any harmful type, model, the name of the antenna interference that might otherwise exist and manufacturer, antenna gain in the to insure continuance of equal access to the maximum lobe, the beam width of the channel block by both countries.

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§ 22.957 Mexican condition. struction benchmarks, the licensee is Pursuant to an agreement between to count total land area): the United States and Mexico, FCC au- (1) To at least 35% of the geographic thorizations for cellular systems with- area of CMA672–A within four years of in 72 kilometers (45 miles) of the the grant of such authorization; and United States-Mexican border must (2) To at least 70% of the geographic have the following condition attached: area of its license authorization by the end of the license term. This authorization is subject to the condition that, in the event cellular systems using (c) After it has met each of the re- the same frequencies granted herein are au- quirements of paragraphs (b)(1) and thorized in adjacent territory in Mexico, co- (b)(2), respectively, of this section, the ordination of your transmitter installations licensee that holds the license for which are within 72 kilometers (45 miles) of CMA672–A must notify the FCC that it the United States-Mexico border shall be re- has met the requirement by submitting quired to eliminate any harmful interference that might otherwise exist and to ensure FCC Form 601, including GIS map files continuance of equal access to the fre- and other supporting documents show- quencies by both countries. The operator of ing compliance with the requirement. this system shall not contract with cus- See § 1.946 of this chapter. See also tomers in Mexico, and further, users of the § 22.953. system must be advised that operation of a mobile unit in Mexico is not permitted at (d) Failure to meet the construction this time without the express permission of requirements set forth in paragraphs the Mexican government. The above condi- (b)(1) and (b)(2) of this section by each tions are subject to modification pending of the applicable deadlines will result further notice from the FCC. in automatic termination of the license for CMA672–A and its return to § 22.959 Rules governing processing of applications for initial systems. the Commission for future re-licensing subject to competitive bidding proce- Pending applications for authority to dures. The licensee that fails to meet operate the first cellular system on a each requirement of this section by the channel block in an MSA or RSA mar- applicable deadline set forth in para- ket continue to be processed under the graphs (b)(1) and (b)(2) shall be ineli- rules governing the processing of such applications that were in effect when gible to regain the license for CMA672– those applications were filed, unless A. the Commission determines otherwise [79 FR 72153, Dec. 5, 2014] in a particular case. § 22.961 Cellular licenses subject to § 22.960 Cellular operations in the competitive bidding. Chambers, TX CMA (CMA672–A). (a) The following applications for This section applies only to Cellular Cellular licensed area authorizations systems operating on channel block A are subject to competitive bidding: of the Chambers, Texas CMA (CMA672– (1) Mutually exclusive applications A). (a) The geographic boundary of for Unserved Area filed after July 26, CMA672–A is deemed to be the Cellular 1993; and Geographic Service Area (CGSA) (2) Mutually exclusive applications boundary. This CGSA boundary is not for the initial authorization for determined using the methodology of CMA672–A (Chambers, TX). § 22.911. The licensee of CMA672–A may (b) The competitive bidding proce- not propose an expansion of this CGSA dures set forth in § 22.229 and the gen- into another CMA unless and until it eral competitive bidding procedures set meets the construction requirement forth in subpart Q of part 1 of this set forth in paragraph (b)(2) of this sec- chapter will apply. tion. (b) A licensee that holds the license [79 FR 72153, Dec. 5, 2014] for CMA672–A must be providing signal coverage and offering service as follows (and in applying these geographic con-

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§§ 22.962–22.969 [Reserved] the desired signal required to restore the receiver section of the subject § 22.970 Unacceptable interference to transceiver to the 20 dB C/(I + N) ratio part 90 non-cellular 800 MHz licens- of paragraph (a)(1)(ii)(B) of this sec- ees from cellular radiotelephone or tion. The adjusted threshold levels part 90–800 MHz cellular systems. shall then define the minimum meas- (a) Definition. Except as provided in ured signal power(s) in lieu of para- 47 CFR 90.617(k), unacceptable inter- graphs (a)(1)(i) of this section at which ference to non-cellular part 90 licensees the licensee using such non-compliant in the 800 MHz band from cellular ra- transceiver is entitled to interference diotelephone or part 90–800 MHz cel- protection. lular systems will be deemed to occur (b) Minimum receiver requirements. when the below conditions are met: Voice transceivers capable of operating (1) A transceiver at a site at which in the 806–824 MHz portion of the 800 interference is encountered: MHz band shall have the following min- (i) Is in good repair and operating imum performance specifications in condition, and is receiving: order for the system in which such (A) A median desired signal of ¥104 transceivers are used to claim entitle- dBm or higher, as measured at the R.F. ment to full protection against unac- input of the receiver of a mobile unit; ceptable interference (See paragraph or (a) (2) of this section). (B) A median desired signal of ¥101 (1) Voice units intended for mobile dBm or higher, as measured at the R.F. use: 75 dB intermodulation rejection input of the receiver of a portable i.e. ratio; 75 dB adjacent channel rejection hand-held unit; and, either ratio; ¥116 dBm reference sensitivity. (ii) Is a voice transceiver: (2) Voice units intended for portable (A) With manufacturer published per- use: 70 dB intermodulation rejection formance specifications for the re- ratio; 70 dB adjacent channel rejection ceiver section of the transceiver equal ratio; ¥116 dBm reference sensitivity. to, or exceeding, the minimum stand- [69 FR 67834, Nov. 22, 2004, as amended at 70 ards set out in paragraph (b) of this FR 76707, Dec. 28, 2005] section, below; and; (B) Receiving an undesired signal or § 22.971 Obligation to abate unaccept- signals which cause the measured Car- able interference. rier to Noise plus interference (C/(I + (a) Strict Responsibility. Any licensee N)) ratio of the receiver section of said who, knowingly or unknowingly, di- transceiver to be less than 20 dB, or, rectly or indirectly, causes or contrib- (iii) Is a non-voice transceiver receiv- utes to causing unacceptable inter- ing an undesired signal or signals ference to a non-cellular part 90 of this which cause the measured bit error chapter licensee in the 800 MHz band, rate (BER) (or some comparable speci- as defined in § 22.970, shall be strictly fication) of the receiver section of said accountable to abate the interference, transceiver to be more than the value with full cooperation and utmost dili- reasonably designated by the manufac- gence, in the shortest time practicable. turer. Interfering licensees shall consider all (2) Provided, however, that if the re- feasible interference abatement meas- ceiver section of the mobile or portable ures, including, but not limited to, the voice transceiver does not conform to remedies specified in the interference the standards set out in paragraph (b) resolution procedures set forth in of this section, then that transceiver § 22.972(c). This strict responsibility ob- shall be deemed subject to unaccept- ligation applies to all forms of inter- able interference only at sites where ference, including out-of-band emis- the median desired signal satisfies the sions and intermodulation. applicable threshold measured signal (b) Joint and several responsibility. If power in paragraph (a)(1)(i) of this sec- two or more licensees knowingly or un- tion after an upward adjustment to ac- knowingly, directly or indirectly, count for the difference in receiver sec- cause or contribute to causing unac- tion performance. The upward adjust- ceptable interference to a non-cellular ment shall be equal to the increase in part 90 of this chapter licensee in the

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800 MHz band, as defined in § 22.970, as soon as possible and no later than 24 such licensees shall be jointly and sev- hours after receipt of notification from erally responsible for abating inter- a part 90 public safety/CII licensee. ference, with full cooperation and ut- This response time may be extended to most diligence, in the shortest prac- 48 hours after receipt from other part ticable time. 90 non-cellular licensees provided af- (1) This joint and several responsi- fected communications on these sys- bility rule requires interfering licens- tems are not safety related. ees to consider all feasible interference (b) Interference analysis. Cellular Ra- abatement measures, including, but diotelephone licensees—who receive an not limited to, the remedies specified initial notification described in in the interference resolution proce- § 90.674(a) of this chapter—shall per- dures set forth in § 22.972(c). This joint form a timely analysis of the inter- and several responsibility rule applies ference to identify the possible source. to all forms of interference, including Immediate on-site visits may be con- out-of-band emissions and intermodulation. ducted when necessary to complete (2) Any licensee that can show that timely analysis. Interference analysis its signal does not directly or indi- must be completed and corrective ac- rectly, cause or contribute to causing tion initiated within 48 hours of the unacceptable interference to a non-cel- initial complaint from a part 90 of this lular part 90 of this chapter licensee in chapter public safety/CII licensee. This the 800 MHz band, as defined in this response time may be extended to 96 chapter, shall not be held responsible hours after the initial complaint from for resolving unacceptable inter- other part 90 of this chapter non-cel- ference. Notwithstanding, any licensee lular licensees provided affected com- that receives an interference complaint munications on these systems are not from a public safety/CII licensee shall safety related. Corrective action may respond to such complaint consistent be delayed if the affected licensee with the interference resolution proce- agrees in writing (which may be, but is dures set forth in this chapter. not required to be, recorded via e-mail or other electronic means) to a longer [69 FR 67834, Nov. 22, 2004, as amended at 70 period. FR 76707, Dec. 28, 2005] (c) Mitigation steps. (1) All Cellular § 22.972 Interference resolution proce- Radiotelephone and part 90 of this dures. chapter—800 MHz cellular system li- (a) Initial notification. (1) Cellular Ra- censees who are responsible for causing diotelephone licensees may receive ini- unacceptable interference shall take tial notification of interference from all affirmative measures to resolve non-cellular part 90 of this chapter li- such interference. Cellular Radio- censees in the 800 MHz band pursuant telephone licensees found to contribute to § 90.674(a) of this chapter. to unacceptable interference, as de- (2) Cellular Radiotelephone licensees, fined in § 22.970, shall resolve such in- in conjunction with part 90 ESMR li- terference in the shortest time prac- censees, shall establish an electronic ticable. Cellular Radiotelephone licens- means of receiving the initial notifica- ees and part 90 of this chapter—800 MHz tion described in § 90.674(a) of this chap- cellular system licensees must provide ter. The electronic system must be de- all necessary test apparatus and tech- signed so that all appropriate Cellular nical personnel skilled in the operation Radiotelephone licensees and part 90 of such equipment as may be necessary ESMR licensees can be contacted about to determine the most appropriate the interference incident with a single means of timely eliminating the inter- notification. The electronic system for ference. However, the means whereby receipt of initial notification of inter- interference is abated or the cell pa- ference complaints must be operating rameters that may need to be adjusted no later than February 22, 2005. is left to the discretion of the Cellular (3) Cellular Radiotelephone licensees Radiotelephone and/or part 90 of this must respond to the initial notification chapter—800 MHz cellular system li- described in § 90.674(a) of this chapter, censees, whose affirmative measures

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may include, but not be limited to, the (iv) Is not proffered by a contractor following techniques: or other third party; and (i) Increasing the desired power of (v) Has been approved by the Chief of the public safety/CII signal; the Public Safety and Homeland Secu- (ii) Decreasing the power of the part rity Bureau or other designated Com- 90 ESMR and/or Cellular Radio- mission official. Prior to the author- telephone system signal; ized official making a determination (iii) Modifying the part 90 ESMR and/ that a clear and imminent danger ex- or Cellular Radiotelephone system an- ists, the associated written statement tenna height; must be served by hand-delivery or (iv) Modifying the part 90 ESMR and/ receipted fax on the applicable offend- or Cellular Radiotelephone system an- ing licensee, with a copy transmitted tenna characteristics; by the fastest available means to the (v) Incorporating filters into part 90 Washington, DC office of the Commis- ESMR and/or Cellular Radiotelephone sion’s Public Safety and Homeland Se- transmission equipment; curity Bureau. (vi) Permanently changing part 90 ESMR and/or Cellular Radiotelephone [69 FR 67834, Nov. 22, 2004, as amended at 70 FR 76707, Dec. 28, 2005; 71 FR 69038, Nov. 29, frequencies; and 2006] (vii) Supplying interference-resistant receivers to the affected public safety/ § 22.973 Information exchange. CII licensee(s). If this technique is used, in all circumstances, Cellular Ra- (a) Prior notification. Public safety/CII diotelephone and/or part 90 of this licensees may notify a part 90 ESMR or chapter ESMR licensees shall be re- cellular radiotelephone licensee that sponsible for all costs thereof. they wish to receive prior notification (2) Whenever short-term interference of the activation or modification of abatement measures prove inadequate, part 90 ESMR or cellular radio- the affected part 90 of this chapter non- telephone cell sites in their area. cellular licensee shall, consistent with Thereafter, the part 90 ESMR or cel- but not compromising safety, make all lular radiotelephone licensee must pro- necessary concessions to accepting in- vide the following information to the terference until a longer-term remedy public safety/CII licensee at least 10 can be implemented. business days before a new cell site is (3) Discontinuing operations when clear activated or an existing cell site is imminent danger exists. When a part 90 modified: of this chapter public safety licensee (1) Location; determines that a continuing presence (2) Effective radiated power; of interference constitutes a clear and (3) Antenna height; imminent danger to life or property, (4) Channels available for use. the licensee causing the interference (b) Purpose of prior notification. The must discontinue the associated oper- prior coordination of cell sites is for ination immediately, until a remedy can formational purposes only. Public safe- be identified and applied. The deter- ty/CII licensees are not afforded the mination that a continuing presence right to accept or reject the activation exists that constitutes a clear and im- of a proposed cell or to unilaterally re- minent danger to life or property, must quire changes in its operating param- be made by written statement that: eters. The principal purposes of notifi- (i) Is in the form of a declaration, no- cation are to: tarized affidavit, or statement under (1) Allow a public safety licensee to penalty or perjury, from an officer or advise the part 90 of this chapter executive of the affected public safety ESMR or Cellular Radiotelephone li- licensee; censee whether it believes a proposed (ii) Thoroughly describes the basis of cell will generate unacceptable inter- the claim of clear and imminent dan- ference; ger; (2) Permit Cellular Radiotelephone or (iii) Was formulated on the basis of part 90 of this chapter ESMR licensees either personal knowledge or belief to make voluntary changes in cell pa- after due diligence; rameters when a public safety licensee

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alerts them to possible interference; or offshore subscriber licenses under and this subpart. (3) Rapidly identify the source if in- [70 FR 19312, Apr. 13, 2005] terference is encountered when the cell is activated. § 22.1005 Priority of service. [69 FR 67834, Nov. 22, 2004] Facilities in the Offshore Radio- telephone Service are intended pri- § 22.983 Field strength limit. marily for rendition of public message service between offshore subscriber and (a) Subject to paragraphs (b) and (c) central stations. However, they may of this section, a licensee’s predicted or also be used to render private leased measured median field strength limit line communication service, provided must not exceed 40 dBμV/m at any that such usage does not reduce or im- given point along the Cellular Geo- pair the extent or quality of commu- graphic Service Area (CGSA) boundary nication service which would be avail- of a neighboring licensee on the same able, in the absence of private leased channel block, unless the affected li- line service, to the general public re- censee of the neighboring CGSA on the ceiving or subsequently requesting same channel block agrees to a dif- public message service from an off- ferent field strength. This also applies shore central station. to CGSAs partitioned pursuant to § 22.948. § 22.1007 Channels for offshore radio- (b) Gulf of Mexico Service Area. Not- telephone systems. withstanding the field strength limit The channels listed in this section provision set forth in paragraph (a) of are allocated for paired assignment to this section, licensees in or adjacent to transmitters located in the specified the Gulf of Mexico Exclusive Zone are geographical zones that provide off- subject to § 22.912(c) regarding service shore radiotelephone service. All chan- area boundary extensions. See nels have a bandwidth of 20 kHz and § 22.912(c). are designated by their center fre- (c) Cellular licensees shall be subject quencies in MegaHertz. to all applicable provisions and re- (a) Zone A—Southern Louisiana. The quirements of treaties and other inter- geographical area in Zone A is bounded national agreements between the as follows: United States government and the gov- From longitude W.87°45′ on the East to lon- ernments of Canada and Mexico, not- gitude W.94°00′ on the West and from the 4.8 withstanding paragraphs (a) and (b) of kilometer (3 mile) limit along the Gulf of this section. Mexico shoreline on the North to the limit of the Outer Continental Shelf on the South. [79 FR 72153, Dec. 5, 2014] (1) These channels may be assigned Subpart I—Offshore for use by offshore central (base/fixed) or subscriber stations (fixed, tem- Radiotelephone Service porary fixed, surface and/or airborne mobile) as indicated, for voice-grade § 22.1001 Scope. general communications: The rules in this subpart govern the licensing and operation of offshore ra- Central Subscriber Central Subscriber diotelephone stations. The licensing 488.025 ...... 491.025 488.225 ...... 491.225 and operation of these stations and 488.050 ...... 491.050 488.250 ...... 491.250 systems is also subject to rules else- 488.075 ...... 491.075 488.275 ...... 491.275 488.100 ...... 491.100 488.300 ...... 491.300 where in this part that apply generally 488.125 ...... 491.125 488.325 ...... 491.325 to the public mobile services. However, 488.150 ...... 491.150 488.350 ...... 491.350 in case of conflict, the rules in this 488.175 ...... 491.175 488.375 ...... 491.375 488.200 ...... 491.200 488.400 ...... 491.400 subpart govern. (2) These channels may be assigned § 22.1003 Eligibility. for use by offshore central (base/fixed) Any eligible entity (see § 22.7) may or subscriber stations (fixed, tem- apply for central station license(s) and/ porary fixed, surface and/or airborne

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mobile) as indicated, for voice-grade Central Subscriber Central Subscriber general communications and private line service: 489.150 ...... 492.150 489.350 ...... 492.350 489.175 ...... 492.175 489.375 ...... 492.375 Central Subscriber Central Subscriber (7) These channels may be assigned 488.425 ...... 491.425 488.575 ...... 491.575 for use by offshore central (base/fixed) 488.450 ...... 491.450 488.600 ...... 491.600 488.475 ...... 491.475 488.625 ...... 491.625 or subscriber stations (fixed, tem- 488.500 ...... 491.500 488.650 ...... 491.650 porary fixed, surface and/or airborne 488.525 ...... 491.525 488.675 ...... 491.675 mobile) as indicated, for private line 488.550 ...... 491.550 488.700 ...... 491.700 service:

(3) These channels may be assigned Central Subscriber Central Subscriber for use by relay stations in systems where it would be impractical to pro- 489.400 ...... 492.400 489.725 ...... 492.725 489.425 ...... 492.425 489.750 ...... 492.750 vide offshore radiotelephone service 489.450 ...... 492.450 489.775 ...... 492.775 without the use of relay stations. 489.475 ...... 492.475 489.800 ...... 492.800 489.500 ...... 492.500 489.825 ...... 492.825 Central Subscriber Central Subscriber 489.525 ...... 492.525 489.850 ...... 492.850 489.550 ...... 492.550 489.875 ...... 492.875 488.725 ...... 491.725 488.775 ...... 491.775 489.575 ...... 492.575 489.900 ...... 492.900 488.750 ...... 491.750 488.800 ...... 491.800 489.600 ...... 492.600 489.925 ...... 492.925 489.625 ...... 492.625 489.950 ...... 492.950 (4) These channels may be assigned 489.650 ...... 492.650 489.975 ...... 492.975 489.675 ...... 492.675 490.000 ...... 493.000 for use by offshore central (base/fixed) 489.700 ...... 492.700 or subscriber stations (fixed, temporary fixed, surface and/or airborne (8) Interstitial channels. Interstitial mobile) as indicated, for emergency channels are those with center fre- communications involving protection quencies offset by ±12.5 kHz from the of life and property. listed center frequencies. The FCC may assign interstitial channels to offshore Central Subscriber Central Subscriber stations in Zone A subject to the fol- 488.825 ...... 491.825 488.875 ...... 491.875 lowing conditions: 488.850 ...... 491.850 488.900 ...... 491.900 (i) Offshore stations transmitting on interstitial channels must be located (5) These channels may be assigned east of W.92° longitude. for use by offshore central (base/fixed) (ii) Operations on interstitial chan- or subscriber stations (fixed, tem- nels are considered to be secondary to porary fixed, surface and/or airborne operations on channels with the listed mobile) as indicated, for emergency center frequencies. auto alarm and voice transmission per- (iii) Offshore stations operating on taining to emergency conditions only. interstitial channels must be used only for voice grade general communica- Central Subscriber tions or to provide for private line 488.950 ..... 491.950 service.

(6) These channels may be assigned NOTE TO PARAGRAPH (a) OF § 22.1007: These channels are contained in UHF TV Channel for use by offshore central (base/fixed) 17. or subscriber stations (fixed, temporary fixed, surface and/or airborne (b) Zone B—Southern Louisiana— mobile) as indicated, for emergency Texas. (1) The geographical area in shut-off remote control telemetry, en- Zone B is bounded as follows: vironmental data acquisition and dis- From longitude W.87°45′ on the East to lon- seminations, or facsimile trans- gitude W.95°00′ on the West and from the 4.8 missions. kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of Central Subscriber Central Subscriber the Outer Continental Shelf on the South.

489.000 ...... 492.000 489.200 ...... 492.200 (2) These channels may be assigned 489.025 ...... 492.025 489.225 ...... 492.225 for use by offshore central (base/fixed) 489.050 ...... 492.050 489.250 ...... 492.250 or subscriber stations (fixed, tem- 489.075 ...... 492.075 489.275 ...... 492.275 489.100 ...... 492.100 489.300 ...... 492.300 porary fixed, surface and/or airborne 489.125 ...... 492.125 489.325 ...... 492.325 mobile) as indicated, for voice-grade

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general communications and private (2) These channels may be assigned line service: for use by offshore central (base/fixed) or subscriber stations (fixed, tem- Central Subscriber Central Subscriber porary fixed, surface and/or airborne 485.025 ...... 482.025 486.025 ...... 483.025 mobile) as indicated, for voice-grade 485.050 ...... 482.050 486.050 ...... 483.050 general communications and private 485.075 ...... 482.075 486.075 ...... 483.075 485.100 ...... 482.100 486.100 ...... 483.100 line service: 485.125 ...... 482.125 486.125 ...... 483.125 476.025 479.025 485.150 ...... 482.150 485.150 ...... 483.150 476.050 479.050 485.175 ...... 482.175 486.175 ...... 483.175 476.075 479.075 485.200 ...... 482.200 486.200 ...... 483.200 485.225 ...... 482.225 486.225 ...... 483.225 476.100 479.100 485.250 ...... 482.250 486.250 ...... 483.250 476.125 479.125 485.275 ...... 482.275 486.275 ...... 483.275 476.150 479.150 485.300 ...... 482.300 486.300 ...... 483.300 476.175 479.175 485.325 ...... 482.325 486.325 ...... 483.325 476.200 479.200 485.350 ...... 482.350 486.350 ...... 483.350 476.225 479.225 485.375 ...... 482.375 486.375 ...... 483.375 476.250 479.250 485.400 ...... 482.400 486.400 ...... 483.400 485.425 ...... 482.425 486.425 ...... 483.425 476.275 479.275 485.450 ...... 482.450 486.450 ...... 483.450 476.300 479.300 485.475 ...... 482.475 486.475 ...... 483.475 476.325 479.325 485.500 ...... 482.500 486.500 ...... 483.500 476.350 479.350 485.525 ...... 482.525 486.525 ...... 483.525 476.375 479.375 485.550 ...... 482.550 484.550 ...... 483.550 476.400 479.400 485.575 ...... 482.575 486.575 ...... 483.575 485.600 ...... 482.600 486.600 ...... 483.600 476.425 479.425 485.625 ...... 482.625 486.625 ...... 483.625 476.450 479.450 485.650 ...... 482.650 486.650 ...... 483.650 476.475 479.475 485.675 ...... 482.675 486.675 ...... 483.675 476.500 479.500 485.700 ...... 482.700 486.700 ...... 483.700 476.525 479.525 485.725 ...... 482.725 486.725 ...... 483.725 476.550 479.550 485.750 ...... 482.750 486.750 ...... 483.750 485.775 ...... 482.775 486.775 ...... 483.775 476.575 479.575 485.800 ...... 482.800 486.800 ...... 483.800 476.600 479.600 485.825 ...... 482.825 486.825 ...... 483.825 476.625 479.625 485.850 ...... 482.850 486.850 ...... 483.850 476.650 479.650 485.875 ...... 482.875 486.875 ...... 483.875 476.675 479.675 485.900 ...... 482.900 486.900 ...... 483.900 476.700 479.700 485.925 ...... 482.925 486.925 ...... 483.925 485.950 ...... 482.950 486.950 ...... 483.950 476.725 479.725 485.975 ...... 482.975 486.975 ...... 483.975 476.750 479.750 486.000 ...... 483.000 487.050 ...... 480.050 476.775 479.775 476.800 479.800 NOTE TO PARAGRAPH (b) OF § 22.1007: These 476.825 479.825 channels are contained in UHF TV Channel 476.850 479.850 16. 476.875 479.875 476.900 479.900 (c) Zone C—Southern Texas. The geo- 477.000 480.000 graphical area in Zone C is bounded as 477.025 480.025 follows: 477.075 480.075 ° ′ 477.100 480.100 Longitude W.94 00 on the East, the 4.8 kil- 477.125 480.125 ometer (3 mile) limit on the North and West, 477.150 480.150 a 282 kilometer (175 mile) radius from the 477.175 480.175 reference point at Linares, N.L., Mexico on ° ′ 477.200 480.200 the Southwest, latitude N.26 00 on the 477.225 480.225 South, and the limits of the outer conti- 477.250 480.250 nental shelf on the Southeast. 477.275 480.275 (1) These channels may be assigned 477.300 480.300 for use by offshore central (base/fixed) 477.325 480.325 or subscriber stations (fixed, tem- 477.350 480.350 477.375 480.375 porary fixed, surface and/or airborne 477.400 480.400 mobile) as indicated, for emergency 477.425 480.425 auto alarm and voice transmission per- 477.450 480.450 taining to emergency conditions only. 477.475 480.475 477.500 480.500 Central Subscriber 477.525 480.525 477.550 480.550 476.950 ..... 479.950 477.575 480.575

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477.600 480.600 § 22.1013 Effective radiated power lim- 477.625 480.625 itations. 477.650 480.650 The effective radiated power (ERP) of 477.675 480.675 transmitters in the Offshore Radio- 477.700 480.700 telephone Service must not exceed the 477.725 480.725 limits in this section. 477.750 480.750 (a) Maximum power. The ERP of 477.775 480.775 transmitters in this service must not 477.800 480.800 exceed 1000 Watts under any cir- 477.825 480.825 cumstances. 477.850 480.850 (b) Mobile transmitters. The ERP of 477.875 480.875 mobile transmitters must not exceed 477.900 480.900 100 Watts. The ERP of mobile trans- 477.925 480.925 mitters, when located within 32 kilo- 477.950 480.950 meters (20 miles) of the 4.8 kilometer (3 477.975 480.975 mile) limit, must not exceed 25 Watts. [59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, The ERP of airborne mobile stations 1995] must not exceed 1 Watt. (c) Protection for TV Reception. The § 22.1009 Transmitter locations. ERP limitations in this paragraph are intended to reduce the likelihood that The rules in this section establish interference to television reception limitations on the locations from from offshore radiotelephone oper- which stations in the Offshore Radio- ations will occur. telephone Service may transmit. (1) Co-channel protection. The ERP of (a) All stations. Offshore stations offshore stations must not exceed the must not transmit from locations out- limits in Table I–1 of this section. The side the boundaries of the appropriate limits depend upon the height above zones specified in § 22.1007. Offshore sta- mean sea level of the offshore trans- tions must not transmit from locations mitting antenna and the distance be- within 241 kilometers (150 miles) of any tween the antenna location of the off- full-service television station that shore transmitter and the antenna lo- transmits on the TV channel con- cation of the main transmitter of the taining the channel on which the off- nearest full-service television station shore station transmits. that transmits on the TV channel con- (b) Airborne subscriber stations. Air- taining the channel on which the off- borne subscriber stations must not shore station transmits. transmit from altitudes exceeding 305 (2) Adjacent channel protection. The meters (1000 feet) above mean sea level. ERP of offshore stations located within Airborne mobile stations in Zone A 128.8 kilometers (80 miles) of the main must not transmit from locations with- transmitter antenna of a full service in 129 kilometers (80 miles) of Lake TV station that transmits on a TV Charles, Louisiana. Airborne mobile channel adjacent to the TV channel stations in Zone B must not transmit which contains the channel on which from locations within 129 kilometers the offshore station transmits must (80 miles) of Lafayette, Louisiana. Air- not exceed the limits in the Table I–2 borne mobile stations in Zone C must of § 22.1015. The limits depend upon the not transmit from locations within 129 height above mean sea level of the off- kilometers (80 miles) of Corpus Christi shore transmitting antenna and the or locations within 129 kilometers (80 distance between the location of the miles) of Houston, Texas. offshore transmitter and the 4.8 kilometer (3 mile) limit. § 22.1011 Antenna height limitations. The antenna height of offshore sta- TABLE I–1—MAXIMUM ERP (WATTS) tions must not exceed 61 meters (200 30 me- 45 me- 61 me- feet) above mean sea level. The an- ters ters ters Distance (100 (150 (200 tenna height of offshore surface mobile feet) feet) feet) stations must not exceed 10 meters (30 feet) above the waterline. 338 km (210 mi) ...... 1000 1000 1000 127

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TABLE I–1—MAXIMUM ERP (WATTS)— § 22.1031 Temporary fixed stations. Continued The FCC may, upon proper applica- 30 me- 45 me- 61 me- tion therefor, authorize the construc- ters ters ters tion and operation of temporary fixed Distance (100 (150 (200 feet) feet) feet) stations in the Offshore Radio- telephone service to be used only when 330 km (205 mi) ...... 1000 900 800 the service of permanent fixed stations 2 km (200 mi) ...... 800 710 630 is disrupted by storms or emergencies 314 km (195 mi) ...... 590 520 450 306 km (190 mi) ...... 450 400 330 or is otherwise unavailable. 298 km (185 mi) ...... 320 280 240 (a) Six month limitation. If it is nec- 290 km (180 mi) ...... 250 210 175 essary for a temporary fixed station to 282 km (175 mi) ...... 180 150 130 remain at the same location for more 274 km (170 mi) ...... 175 110 100 266 km (165 mi) ...... 95 80 70 than six months, the licensee of that 258 km (160 mi) ...... 65 55 50 station must apply for authorization to 249 km (155 mi) ...... 50 40 35 operate the station at the specific loca- 241 km (150 mi) ...... 35 30 25 tion at least 30 days before the end of the six month period. § 22.1015 Repeater operation. (b) International communications. Communications between the United Offshore central stations may be used States and Mexico must not be carried as repeater stations provided that the using a temporary fixed station with- licensee is able to maintain control of out prior authorization from the FCC. the station, and in particular, to turn Licensees desiring to carry such com- the transmitter off, regardless of munications should apply sufficiently whether associated subscriber stations in advance to allow for the time nec- are transmitting at the time. essary to coordinate with Canada or TABLE I–2—MAXIMUM ERP (WATTS) Mexico.

30 me- 61 me- § 22.1035 Construction period. ters ters Distance from the 4.8 km (3 mi) limit (100 (200 The construction period (see § 22.142) feet) feet) for offshore stations is 18 months.

6.4 km (4 mi) ...... 25 6 § 22.1037 Application requirements for 8.0 km (5 mi) ...... 40 10 9.7 km (6 mi) ...... 65 15 offshore stations. 11.3 km (7 mi) ...... 100 25 Applications for new Offshore Radio- 12.9 km (8 mi) ...... 150 35 telephone Service stations must con- 14.5 km (9 mi) ...... 215 50 16.1 km (10 mi) ...... 295 70 tain an exhibit showing that: 17.7 km (11 mi) ...... 400 100 (a) The applicant has notified all li- 19.3 km (12 mi) ...... 530 130 censees of offshore stations located 20.9 km (13 mi) ...... 685 170 within 321.8 kilometers (200 miles) of 22.5 km (14 mi) ...... 870 215 24.1 km (15 mi) ...... 1000 270 the proposed offshore station, by pro- 25.7 km (16 mi) ...... 1000 415 viding the following data, at least 30 27.4 km (17 mi) ...... 1000 505 days before filing the application: 29.0 km (18 mi) ...... 1000 610 (1) The name, business address, chan- 30.6 km (19 mi) ...... 1000 730 nel coordinator, and telephone number 32.2 km (20 mi) ...... 1000 865 33.8 km (21 mi) ...... 1000 1000 of the applicant; (2) The location and geographical coordinates of the proposed station; § 22.1025 Permissible communications. (3) The channel and type of emission; Offshore central stations must com- (4) The height and type of antenna; municate only with subscriber stations (5) The bearing of the main lobe of (fixed, temporary-fixed, mobile and air- the antenna; and, borne). Offshore subscriber stations (6) The effective radiated power. must normally communicate only with (b) The proposed station will not and through offshore central stations. interfere with the primary ORS chan- Stations in the Offshore Radio- nels by compliance with the following telephone Service may communicate separations: through relay stations authorized in (1) Co-channel to a distance of 241.4 this service. kilometers (150 miles).

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(2) If interstitial channels are used, Subpart E—Broadband PCS adjacent channels (±12.5 kHz) to a distance of 80.5 kilometers (50 miles). 24.200 Scope. 24.202 Service areas. (3) Third order intermodulation chan- 24.203 Construction requirements. nels (±12.5 kHz) to a distance of 32.2 kil- 24.229 Frequencies. ometers (20 miles). 24.232 Power and antenna height limits. (4) If the proposed transmitting an- 24.235 Frequency stability. tenna site is located west of longitude 24.236 Field strength limits. W.93°40′, and within 32.2 kilometers (20 24.237 Interference protection. miles) of the shoreline, and proposed 24.238 Emission limitations for Broadband use of the channels listed in § 22.1007(b), PCS equipment. no third-order intermodulation inter- POLICIES GOVERNING MICROWAVE RELOCATION ference would be caused to any base or FROM THE 1850–1990 MHZ BAND mobile station using the channels be- 24.239 Cost-sharing requirements for tween 488 and 494 MHz. broadband PCS. 24.241 Administration of the Cost-Sharing PART 24—PERSONAL Plan. COMMUNICATIONS SERVICES 24.243 The cost-sharing formula. 24.245 Reimbursement under the Cost-Shar- ing Plan. Subpart A—General Information 24.247 Triggering a reimbursement obligation. Sec. 24.249 Payment issues. 24.1 Basis and purpose. 24.251 Dispute resolution under the Cost- 24.2 Other applicable rule parts. Sharing Plan. 24.3 Permissible communications. 24.253 Termination of cost-sharing obliga- 24.5 Terms and definitions. tions. 24.9 Operation of certificated signal boosters. APPENDIX I TO SUBPART E OF PART 24—A PROCEDURE FOR CALCULATING PCS SIGNAL Subpart B—Applications and Licenses LEVELS AT MICROWAVE RECEIVERS (AP- PENDIX E OF THE MEMORANDUM OPINION GENERAL FILING REQUIREMENTS AND ORDER) 24.10 Scope. Subpart F—Competitive Bidding 24.11 Initial authorization. Procedures for Narrowband PCS 24.12 Eligibility. 24.15 License period. 24.301 Narrowband PCS subject to competi- 24.16 Criteria for comparative renewal pro- tive bidding. ceedings. 24.302–24.309 [Reserved] 24.320 [Reserved] Subpart C—Technical Standards 24.321 Designated entities.

24.50 Scope. Subpart G—Interim Application, Licensing 24.51 Equipment authorization. and Processing Rules for Narrowband PCS 24.52 RF hazards. 24.53 Calculation of height above average 24.403 Authorization required. terrain (HAAT). 24.404 Eligibility. 24.55 Antenna structures; air navigation 24.405–24.414 [Reserved] safety. 24.415 Technical content of applications; maintenance of list of station locations. Subpart D—Narrowband PCS 24.416–24.429 [Reserved] 24.430 Opposition to applications. 24.100 Scope. 24.431 Mutually exclusive applications. 24.101 [Reserved] 24.432–24.444 [Reserved] 24.102 Service areas. 24.103 Construction requirements. Subpart H—Competitive Bidding 24.104 Partitioning and disaggregation. Procedures for Broadband PCS 24.129 Frequencies. 24.130 [Reserved] 24.701 Broadband PCS subject to competi- 24.131 Authorized bandwidth. tive bidding. 24.132 Power and antenna height limits. 24.702–24.708 [Reserved] 24.133 Emission limits. 24.709 Eligibility for licenses for frequency 24.134 Co-channel separation criteria. Blocks C and F. 24.135 Frequency stability. 24.710 [Reserved]

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24.711 Installment payments for licenses for only to stations authorized under those frequency Block C. subparts. 24.712 Bidding credits for licenses won for frequency Block C. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 59 FR 24.713 [Reserved] 32854, June 24, 1994] 24.714 Partitioned licenses and disaggregated spectrum. § 24.2 Other applicable rule parts. 24.716 Installment payments for licenses for frequency Block F. Other FCC rule parts applicable to li- 24.717 Bidding credits for licenses for fre- censees in the personal communica- quency Block F. tions services include the following: 24.720 Definitions. (a) Part 0. This part describes the Commission’s organization and delega- Subpart I—Interim Application, Licensing, tions of authority. Part 0 of this chap- and Processing Rules for Broadband PCS ter also lists available Commission publications, standards and procedures 24.801–24.803 [Reserved] for access to Commission records, and 24.804 Eligibility. location of Commission Field Offices. 24.805–24.814 [Reserved] (b) Part 1. This part includes rules of 24.815 Technical content of applications; practice and procedure for license ap- maintenance of list of station locations. plications, adjudicatory proceedings, 24.816–24.829 [Reserved] procedures for reconsideration and re- 24.830 Opposition to applications. view of the Commission’s actions; pro- 24.831 Mutually exclusive applications. visions concerning violation notices 24.832 [Reserved] and forfeiture proceedings; and the en- 24.833 Post-auction divestitures. vironmental requirements that, to- 24.834–24.838 [Reserved] gether with the procedures specified in 24.839 Transfer of control or assignment of § 17.4(c) of this chapter, if applicable, license. must be complied with prior to the ini- 24.840–24.844 [Reserved] tiation of construction. Subpart F in- AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 cludes the rules for the Wireless Tele- and 332. communications Services and the pro- SOURCE: 58 FR 59183, Nov. 8, 1993, unless cedures for filing electronically via the otherwise noted. Redesignated at 59 FR 18499, ULS. Apr. 19, 1994. (c) Part 2. This part contains the Table of Frequency Allocations and Subpart A—General Information special requirements in international regulations, recommendations, agree- § 24.1 Basis and purpose. ments, and treaties. This part also contains standards and procedures con- This section contains the statutory cerning the marketing and importation basis for this part of the rules and proof radio frequency devices, and for ob- vides the purpose for which this part is taining equipment authorization. issued. (d) Part 5. This part contains rules (a) Basis. The rules for the personal prescribing the manner in which parts communications services (PCS) in this of the radio frequency spectrum may part are promulgated under the provi- be made available for experimentation. sions of the Communications Act of (e) Part 15. This part contains rules 1934, as amended, that vests authority setting out the regulations under in the Federal Communications Com- which an intentional, unintentional, or mission to regulate radio transmission incidental radiator may be operated and to issue licenses for radio stations. without an individual license. It also (b) Purpose. This part states the con- contains the technical specifications, ditions under which portions of the administrative requirements and other conditions relating to the marketing of radio spectrum are made available and part 15 devices. Unlicensed PCS devices licensed for PCS. operate under subpart D of part 15. (c) Scope. The rules in this part apply (f) Part 17. This part contains require- only to stations authorized under this ments for the construction, marking part. Rules in subparts D and E apply and lighting of antenna towers, and the

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environmental notification process power supplied to the antenna and the that must be completed before filing antenna gain in a given direction rel- certain antenna structure registration ative to an isotropic antenna. applications. Fixed Service. A radiocommunication (g) Part 20 of this chapter governs service between specified fixed points. commercial mobile radio services. Fixed Station. A station in the fixed (h) Part 21. This part contains rules service. concerning multipoint distribution A mobile service service and multichannel multipoint Land Mobile Service. distribution service. between base stations and land mobile (i) Part 68. This part contains tech- stations, or between land mobile sta- nical standards for connection of ter- tions. minal equipment to the telephone net- Land Mobile Station. A mobile station work. in the land mobile service capable of (j) Part 101. This part contains rules surface movement within the geo- concerning common carrier and private graphic limits of a country or con- services relating to fixed point-to-point tinent. and point-to-multipoint microwave Land Station. A station in the mobile systems. service not intended to be used while in [58 FR 59183, Nov. 8, 1993. Redesignated and motion. amended at 59 FR 18499, Apr. 19, 1994, as Mobile Service. A radiocommunication amended at 63 FR 68952, Dec. 14, 1998; 65 FR service between mobile and land sta- 38325, June 20, 2000; 77 FR 3954, Jan. 26, 2012] tions, or between mobile stations. § 24.3 Permissible communications. Mobile Station. A station in the mobile service intended to be used while PCS licensees may provide any mo- in motion or during halts at unspec- bile communications service on their assigned spectrum. Fixed services may ified points. be provided on a co-primary basis with Narrowband PCS. PCS services oper- mobile operations. Broadcasting as de- ating in the 901–902 MHz, 930–931 MHz, fined in the Communications Act is and 940–941 MHz bands. prohibited. National Geodetic Reference System (NGRS): The name given to all geodetic [61 FR 45356, Aug. 29, 1996] control data contained in the National § 24.5 Terms and definitions. Geodetic Survey (NGS) data base. Assigned Frequency. The center of the (Source: National Geodetic Survey, frequency band assigned to a station. U.S. Department of Commerce) Authorized Bandwidth. The maximum PCS Relocator. A PCS entity that width of the band of frequencies per- pays to relocate a fixed microwave link mitted to be used by a station. This is from its existing 2 GHz facility to normally considered to be the nec- other media or other fixed channels. essary or occupied bandwidth, which- Personal Communications Services ever is greater. (PCS). Radio communications that en- Average Terrain. The average ele- compass mobile and ancillary fixed vation of terrain between 3 and 16 kilo- communication that provide services meters from the antenna site. to individuals and businesses and can Base Station. A land station in the be integrated with a variety of com- land mobile service. peting networks. Broadband PCS. PCS services oper- Universal Licensing System. The Uni- ating in the 1850–1890 MHz, 1930–1970 versal Licensing System (ULS) is the MHz, 2130–2150 MHz, and 2180–2200 MHz bands. consolidated database, application fil- Effective Radiated Power (e.r.p.) (in a ing system, and processing system for given direction). The product of the all Wireless Radio Services. ULS sup- power supplied to the antenna and its ports electronic filing of all applica- gain relative to a half-wave dipole in a tions and related documents by appli- given direction. cants and licensees in the Wireless Equivalent Isotropically Radiated Radio Services, and provides public ac- Power (e.i.r.p.). The product of the cess to licensing information.

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UTAM. The Unlicensed PCS Ad Hoc § 24.12 Eligibility. Committee for 2 GHz Microwave Tran- Any entity, other than those pre- sition and Management, which coordi- cluded by section 310 of the Commu- nates relocation in the 1910–1930 MHz nications Act of 1934, as amended, 47 band. U.S.C. 310, is eligible to hold a license Voluntarily Relocating Microwave In- under this part. cumbent A microwave incumbent that voluntarily relocates its licensed facili- [70 FR 61059, Oct. 20, 2005] ties to other media or fixed channels. § 24.15 License period. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, and amended at 61 FR Licenses for service areas will be 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997; granted for ten year terms from the 63 FR 68952, Dec. 14, 1998] date of original issuance or renewal.

§ 24.9 Operation of certificated signal § 24.16 Criteria for comparative re- boosters. newal proceedings. Individuals and non-individuals may A renewal applicant involved in a operate certificated Consumer Signal comparative renewal proceeding shall Boosters on frequencies regulated receive a preference, commonly re- under this part provided that such op- ferred to as a renewal expectancy, eration complies with all applicable which is the most important compara- rules under this part and § 20.21 of this tive factor to be considered in the pro- chapter. Failure to comply with all ap- ceeding, if its past record for the rel- plicable rules voids the authority to evant license period demonstrates that operate a signal booster. the renewal applicant: [78 FR 21564, Apr. 11, 2013] (a) Has provided ‘‘substantial’’ service during its past license term. ‘‘Sub- stantial’’ service is defined as service Subpart B—Applications and which is sound, favorable, and substan- Licenses tially above a level of mediocre service which might just minimally warrant GENERAL FILING REQUIREMENTS renewal; and § 24.10 Scope. (b) Has substantially complied with applicable Commission rules, policies This subpart contains some of the and the Communications Act. procedures and requirements for filing applications for licenses in the personal communications services. One Subpart C—Technical Standards also should consult subparts F and G of § 24.50 Scope. this part. Other Commission rule parts of importance that may be referred to This subpart sets forth the technical with respect to licensing and operation requirements for use of the spectrum of radio services governed under this and equipment in the personal commu- part include 47 CFR parts 0, 1, 2, 5, 15, nications services. 17 and 20. § 24.51 Equipment authorization. [59 FR 32854, June 24, 1994] (a) Each transmitter utilized for op- § 24.11 Initial authorization. eration under this part and each transmitter marketed, as set forth in § 2.803 (a) An applicant must file a single ap- of this chapter, must be of a type that plication for an initial authorization has been authorized by the Commission for all markets won and frequency under its certification procedure for blocks desired. use under this part. (b) Blanket licenses are granted for (b) Any manufacturer of radio trans- each market and frequency block. Ap- mitting equipment to be used in these plications for individual sites are not services may request equipment au- required and will not be accepted. thorization following the procedures [59 FR 32854, June 24, 1994, as amended at 63 set forth in subpart J of part 2 of this FR 68952, Dec. 14, 1998] chapter. Equipment authorization for

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an individual transmitter may be re- essed for intermediate points using in- quested by an applicant for a station terpolation techniques; otherwise, the authorization by following the proce- nearest point may be used. If DEM data dures set forth in part 2 of this chapter. is not available, elevation data from (c) Applicants for certification of the Defense Mapping Agency’s Digital transmitters that operate in these Chart of the World (DCW) may be used. services must determine that the (c) Radial average terrain elevation equipment complies with IEEE C95.1– is calculated as the average of the ele- 1991, ‘‘IEEE Standards for Safety Lev- vation along a straight line path from els with Respect to Human Exposure to 3 to 16 kilometers extending radially Radio Frequency Electromagnetic from the antenna site. At least 50 even- Fields, 3 kHz to 300 GHz’’ as measured ly spaced data points for each radial using methods specified in IEEE C95.3– shall be used in the computation. 1991, ‘‘Recommended Practice for the (d) Average terrain elevation is the Measurement of Potentially Hazardous average of the eight radial average ter- Electromagnetic Fields—RF and rain elevations (for the eight cardinal Microwave.’’ The applicant for certifi- radials). cation is required to submit a state- (e) The position location of the an- ment affirming that the equipment tenna site shall be determined to an ac- complies with these standards as meas- curacy of no less than ±5 meters in ured by an approved method and to both the horizontal (latitude and lon- maintain a record showing the basis for gitude) and vertical (ground elevation) the statement of compliance with IEEE dimensions with respect to the Na- C.95.1–1991. tional Geodetic Reference System. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, FR 18499, Apr. 19, 1994, as amended at 63 FR 1994] 36604, July 7, 1998] § 24.55 Antenna structures; air naviga- § 24.52 RF hazards. tion safety. Licensees and manufacturers are sub- Licensees that own their antenna ject to the radiofrequency radiation ex- structures must not allow these an- posure requirements specified in tenna structures to become a hazard to §§ 1.1307(b), 2.1091 and 2.1093 of this air navigation. In general, antenna chapter, as appropriate. Applications structure owners are responsible for for equipment authorization of mobile registering antenna structures with or portable devices operating under the FCC if required by part 17 of this this section must contain a statement chapter, and for installing and main- confirming compliance with these retaining any required marking and quirements for both fundamental emis- lighting. However, in the event of de- sions and unwanted emissions. Tech- fault of this responsibility by an an- nical information showing the basis for tenna structure owner, each FCC per- this statement must be submitted to mittee or licensee authorized to use an the Commission upon request. affected antenna structure will be held [61 FR 41018, Aug. 7, 1996] responsible by the FCC for ensuring that the antenna structure continues § 24.53 Calculation of height above av- to meet the requirements of part 17 of erage terrain (HAAT). this chapter. See § 17.6 of this chapter. (a) HAAT is determined by sub- (a) Marking and lighting. Antenna tracting average terrain elevation from structures must be marked, lighted and antenna height above mean sea level. maintained in accordance with part 17 (b) Average terrain elevation shall be of this chapter and all applicable rules calculated using elevation data from a and requirements of the Federal Avia- 30 arc second or better Digital Ele- tion Administration. vation Models (DEMs). DEM data is (b) Maintenance contracts. Antenna available from United States Geologi- structure owners (or licensees and per- cal Survey (USGS). The data file shall mittees, in the event of default by an be identified. If 30 arc second data is antenna structure owner) may enter used, the elevation data must be proc- into contracts with other entities to

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monitor and carry out necessary main- Chicago, Cincinnati-Dayton, Cleveland, tenance of antenna structures. An- Columbus, Des Moines-Quad Cities, De- tenna structure owners (or licensees troit, Indianapolis, Milwaukee, Min- and permittees, in the event of default neapolis-St. Paul, and Omaha. by an antenna structure owner) that (4) Region 4 (Central): The Central make such contractual arrangements Region consists of the following MTAs: continue to be responsible for the Birmingham, Dallas-Fort Worth, Den- maintenance of antenna structures in ver, El Paso-Albuquerque, Houston, regard to air navigation safety. Kansas City, Little Rock, Memphis- Jackson, New Orleans-Baton Rouge, [61 FR 4366, Feb. 6, 1996] Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita. Subpart D—Narrowband PCS (5) Region 5 (West): The West Region consists of the following MTAs: Hono- § 24.100 Scope. lulu, Los Angeles-San Diego, Phoenix, This subpart sets out the regulations Portland, Salt Lake City, San Fran- governing the licensing and operations cisco-Oakland-San Jose, Seattle (in- of personal communications services cluding Alaska), and Spokane-Billings; authorized in the 901–902, 930–931, and and, American Samoa, Guam, and the 940–941 MHz bands (900 MHz band). Northern Mariana Islands. (c) The MTA service areas are based § 24.101 [Reserved] on the Rand McNally 1992 Commercial § 24.102 Service areas. Atlas & Marketing Guide, 123rd Edition, at pages 38–39, with the following ex- Narrowband PCS service areas are ceptions and additions: nationwide, regional, and Major Trad- (1) Alaska is separated from the Se- ing Areas (MTAs), as defined in this attle MTA and is licensed separately. section. MTAs are based on the Rand (2) Guam and the Northern Mariana McNally 1992 Commercial Atlas & Mar- Islands are licensed as a single MTA- keting Guide, 123rd Edition, at pages like area. 38–39 (MTA Map). Rand McNally orga- (3) Puerto Rico and the United States nizes the 50 States and the District of Virgin Islands are licensed as a single Columbia into 47 MTAs. The MTA Map MTA-like area. is available for public inspection in the (4) American Samoa is licensed as a FCC’s Library, Room TW-B505, 445 12th single MTA-like area. Street SW, Washington, D.C. (a) The nationwide service area con- [59 FR 14118, Mar. 25, 1994, as amended at 59 sists of the fifty states, the District of FR 46199, Sept. 7, 1994; 65 FR 35852, June 6, Columbia, American Samoa, Guam, 2000] Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. § 24.103 Construction requirements. (b) The regional service areas are de- (a) Nationwide narrowband PCS li- fined as follows: censees shall construct base stations (1) Region 1 (Northeast): The North- that provide coverage to a composite east Region consists of the following area of 750,000 square kilometers or MTAs: Boston-Providence, Buffalo- serve 37.5 percent of the U.S. popu- Rochester, New York, Philadelphia, lation within five years of initial li- and Pittsburgh. cense grant date; and, shall construct (2) Region 2 (South): The South Re- base stations that provide coverage to gion consists of the following MTAs: a composite area of 1,500,000 square kil- Atlanta, Charlotte-Greensboro-Green- ometers or serve 75 percent of the U.S. ville-Raleigh, Jacksonville, Knoxville, population within ten years of initial Louisville-Lexington-Evansville, Nash- license grant date. Licensees may, in ville, Miami-Fort Lauderdale, Rich- the alternative, provide substantial mond-Norfolk, Tampa-St. Petersburg- service to the licensed area as provided Orlando, and Washington-Baltimore; in paragraph (d) of this section. and, Puerto Rico and United States (b) Regional narrowband PCS licens- Virgin Islands. ees shall construct base stations that (3) Region 3 (Midwest): The Midwest provide coverage to a composite area of Region consists of the following MTAs: 150,000 square kilometers or serve 37.5

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percent of the population of the service (1) For the purpose of this section, area within five years of initial license the service radius of a base station grant date; and, shall construct base may be calculated using the following stations that provide coverage to a formula: composite area of 300,000 square kilo- d = 2.53 × h 0.34 × p0.17 meters or serve 75 percent of the serv- km m ice area population within ten years of where dkm is the radial distance in kilo- initial license grant date. Licensees meters, hm is the antenna HAAT of the base station may, in the alternative, provide sub- in meters, and stantial service to the licensed area as p is the e.r.p. of the base station in watts. provided in paragraph (d) of this sec- (2) Alternatively, licensees may use tion. any service radius contour formula de- (c) MTA narrowband PCS licensees veloped or generally used by industry, shall construct base stations that pro- provided that such formula is based on vide coverage to a composite area of the technical characteristics of their 75,000 square kilometers or 25 percent system. of the geographic area, or serve 37.5 (f) Upon meeting the five and ten percent of the population of the service year benchmarks in paragraphs (a), (b), area within five years of initial license and (c) of this section, or upon meeting grant date; and, shall construct base the substantial service alternative in stations that provide coverage to a paragraph (d), licensees shall notify the composite area of 150,000 square kilo- Commission by filing FCC Form 601 meters or 50 percent of the geographic and including a map and other sup- area, or serve 75 percent of the popu- porting documentation that dem- lation of the service area within ten onstrate the required geographic area years of initial license grant date. Li- coverage, population coverage, or sub- censees may, in the alternative, pro- stantial service to the licensed area. vide substantial service to the licensed The notification must be filed with the area as provided in paragraph (d) of Commission within 15 days of the expi- this section. ration of the relevant period. (d) As an alternative to the require- (g) If the sale of a license is approved, ments of paragraphs (a), (b), and (c) of the new licensee is held to the original this section, narrowband PCS licensees build-out requirement. may demonstrate that, no later than (h) Failure by a licensee to meet the ten years after the initial grant of above construction requirements shall their license, they provide substantial result in forfeiture of the license and service to their licensed area. Licens- ineligibility to regain it. ees choosing this option must notify [59 FR 14118, Mar. 25, 1994, as amended at 65 the FCC by filing FCC Form 601, no FR 35852, June 6, 2000] later than 15 days after the end of the five year period following the initial § 24.104 Partitioning and grant of their license, that they plan to disaggregation. satisfy the alternative requirement to Nationwide, regional, and MTA li- provide substantial service. ‘‘Substan- censees may apply to partition their tial service’’ is defined as service that authorized geographic service area or is sound, favorable, and substantially disaggregate their authorized spectrum above a level of mediocre service that at any time following grant of their ge- would barely warrant renewal. ographic area authorizations. (e) In demonstrating compliance with (a) Application required. Parties seek- the construction requirements set ing approval for partitioning and/or forth in this section, licensees must disaggregation shall apply for partial base their calculations on signal field assignment of a license pursuant to strengths that ensure reliable service § 1.948 of this chapter. for the technology utilized. Licensees (b) Partitioning. In the case of parti- may determine the population of geo- tioning, applicants and licensees must graphic areas included within their file FCC Form 603 pursuant to § 1.948 of service contours using either the 1990 this chapter and describe the parti- census or the 2000 census, but not both. tioned service area on a schedule to the

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application. The partitioned service sult in automatic cancellation of the area shall be defined by up to 120 sets partitioned authorization without fur- of geographic coordinates at points at ther Commission action. every 3 degrees azimuth from a point (g) Coverage requirements for within the partitioned service area disaggregation. (1) Parties to a along the partitioned service area disaggregation agreement must satisfy boundary unless either an FCC-recog- at least one of the following require- nized service area is used (e.g., MEA or ments: EA) or county lines are followed. The (i) Either the disaggregator or geographical coordinates must be spec- disaggregatee must satisfy the cov- ified in degrees, minutes, and seconds erage requirements set forth in § 24.103 to the nearest second latitude and lon- for the entire license area; or gitude, and must be based upon the 1983 (ii) Parties must agree to share re- North American Datum (NAD83). In sponsibility for meeting the coverage the case where FCC-recognized service requirements set forth in § 24.103 for areas or county lines are used, appli- the entire license area. cants need only list the specific area(s) (2) Parties seeking authority to through use of FCC designations or disaggregate must submit with their county names that constitute the par- partial assignment application a cer- titioned area. tification signed by both parties stat- (c) Disaggregation. Spectrum may be ing which of the requirements they se- disaggregated in any amount. lect. (d) Combined partitioning and (3) Disaggregatees must submit sup- disaggregation. Licensees may apply for porting documents showing compliance partial assignment of authorizations with their coverage requirements as that propose combinations of parti- set forth in § 24.103. tioning and disaggregation. (4) Parties that accept responsibility (e) License term. The license term for for meeting the coverage requirements a partitioned license area and for and later fail to do so will be subject to disaggregated spectrum shall be the re- automatic license cancellation without mainder of the original licensee’s li- further Commission action. cense term as provided for in § 1.955 of this chapter. [65 FR 35853, June 6, 2000] (f) Coverage requirements for parti- EFFECTIVE DATE NOTE: At 65 FR 35853, June tioning. (1) Parties to a partitioning 6, 2000, § 24.104 was added. This section con- agreement must satisfy at least one of tains information collection and record- the following requirements: keeping requirements and will not become (i) The partitionee must satisfy the effective until approval has been given by the Office of Management and Budget. applicable coverage requirements set forth in § 24.103 for the partitioned li- § 24.129 Frequencies. cense area; or (ii) The original licensee must meet The following frequencies are avail- the coverage requirements set forth in able for narrowband PCS: § 24.103 for the entire geographic area. (a) Eighteen frequencies are available In this case, the partitionee must meet for assignment on a nationwide basis only the requirements for renewal of as follows: its authorization for the partitioned li- (1) Seven 50 kHz channels paired with cense area. 50 kHz channels: (2) Parties seeking authority to par- Channel 1: 940.00–940.05 and 901.00–901.05 MHz; tition must submit with their partial Channel 2: 940.05–940.10 and 901.05–901.10 MHz; assignment application a certification Channel 3: 940.10–940.15 and 901.10–901.15 MHz; signed by both parties stating which of Channel 4: 940.15–940.20 and 901.15–901.20 MHz; the options they select. Channel 5: 940.20–940.25 and 901.20–901.25 MHz; (3) Partitionees must submit sup- Channel 19: 930.50–930.55 and 901.30–901.35 porting documents showing compliance MHz; and with their coverage requirements as Channel 20: 930.75–930.80 and 901.90–901.95 set forth in § 24.103. MHz. (4) Failure by any partitionee to (2) Three 50 kHz channels paired with meet its coverage requirements will re- 12.5 kHz channels:

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Channel 6: 930.40–930.45 and 901.7500–901.7625 (3) One 100 kHz channel paired with MHz; 50 kHz channel: Channel 7: 930.45–930.50 and 901.7625–901.7750 MHz; and Channel 30: 930.30–930.40 and 901.65–901.70 Channel 8: 940.75–940.80 and 901.7750–901.7875 MHz. MHz; (4) One 150 kHz channel paired with (3) Two 50 kHz unpaired channels: 50 kHz channel: Channel 9: RESERVED; Channel 31: 930.85–931.00 and 901.7–901.75 MHz. Channel 10: 940.80–940.85 MHz; and (5) One 100 kHz channel paired with Channel 11: 940.85–940.90 MHz. 12.5 kHz channel: (4) One 100 kHz unpaired channel: Channel 32: 940.90–941 and 901.8375–901.85 MHz. Channel 18: 940.65–940.75 MHz. NOTE TO § 24.129: Operations in markets or (5) Two 150 kHz channels paired with portions of markets which border other 50 kHz channels: countries, such as Canada and Mexico, will be subject to on-going coordination arrange- Channel 21: 930.00–930.15 and 901.50–901.55 ments with neighboring countries. MHz; and [66 FR 29920, June 4, 2001] Channel 22: 930.15–930.30 and 901.60–901.65 MHz. § 24.130 [Reserved] (6) Three 100 kHz channels paired with 50 kHz channels: § 24.131 Authorized bandwidth. Channel 23: 940.55–940.65 and 901.45–901.50 The authorized bandwidth of MHz; narrowband PCS channels will be 10 Channel 24: 940.30–940.40 and 901.55–901.60 kHz for 12.5 kHz channels and 45 kHz MHz; and for 50 kHz channels. For aggregated ad- Channel 25: 940.45–940.55 and 901.85–901.90 jacent channels, a maximum author- MHz. ized bandwidth of 5 kHz less than the (b) Five frequencies are available for total aggregated channel width is per- assignment on a regional basis as fol- mitted. lows: § 24.132 Power and antenna height (1) One 50 kHz channel paired with 50 limits. kHz channel: (a) Stations transmitting in the 901– Channel 12: 940.25–940.30 and 901.25–901.30 902 MHz band are limited to 7 watts MHz. e.r.p. Channel 13: RESERVED. (b) Mobile stations transmitting in (2) Four 50 kHz channels paired with the 930–931 MHz and 940–941 MHz bands 12.5 kHz channels: are limited to 7 watts e.r.p. (c) Base stations transmitting in the Channel 14: 930.55–930.60 and 901.7875–901.8000 MHz; 930–931 MHz and 940–941 MHz bands are Channel 15: 930.60–930.65 and 901.8000–901.8125 limited to 3500 watts e.r.p. per author- MHz; ized channel and are unlimited in an- Channel 16: 930.65–930.70 and 901.8125–901.8250 tenna height except as provided in MHz; and paragraph (d) of this section. Channel 17: 930.70–930.75 and 901.8250–901.8375 (d)(1) MTA and regional base stations MHz. located between 200 kilometers (124 (c) Seven frequencies are available miles) and 80 kilometers (50 miles) for assignment on an MTA basis as fol- from their licensed service area border lows: are limited to the power levels in the (1) Three 50 kHz unpaired channels: following table:

Channel 26: 901.35–901.40 MHz; Antenna HAAT in meters (feet) (see Effective radiated Channel 27: 901.40–901.45 MHz; and § 24.53 for HAAT HAAT calculation method) power (e.r.p.) (watts) Channel 28: 940.40–940.45 MHz. 183 (600) and below ...... 3500 (2) One 50 kHz channel paired with 50 183 (600) to 208 (682) ...... 3500 to 2584 kHz channel: 208 (682) to 236 (775) ...... 2584 to 1883 236 (775) to 268 (880) ...... 1883 to 1372 Channel 29: 930.80–930.85 and 901.95–902.00 268 (880) to 305 (1000) ...... 1372 to 1000 MHz. 305 (1000) to 346 (1137) ...... 1000 to 729

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116 Log ((f + 10)/6.1) decibels or 50 Antenna HAAT in meters (feet) (see Effective radiated 10 d § 24.53 for HAAT HAAT calculation plus 10 Log (P) decibels or 70 decibels, method) power (e.r.p.) (watts) 10 whichever is the lesser attenuation; 346 (1137) to 394 (1292) ...... 729 to 531 (ii) On any frequency outside the au- 394 (1292) to 447 (1468) ...... 531 to 387 thorized bandwidth and removed from 447 (1468) to 508 (1668) ...... 387 to 282 508 (1668) to 578 (1895) ...... 282 to 206 the edge of the authorized bandwidth 578 (1895) to 656 (2154) ...... 206 to 150 by a displacement frequency (fd in kHz) 656 (2154) to 746 (2447) ...... 150 to 109 of more than 40 kHz: at least 43 + 10 746 (2447) to 848 (2781) ...... 109 to 80 848 (2781) to 963 (3160) ...... 80 to 58 Log10 (P) decibels or 80 decibels, which- 963 (3160) to 1094 (3590) ...... 58 to 42 ever is the lesser attenuation. 1094 (3590) to 1244 (4080) ...... 42 to 31 (2) For transmitters authorized a 1244 (4080) to 1413 (4636) ...... 31 to 22 Above 1413 (4636) ...... 16 bandwidth of 10 kHz: (i) On any frequency outside the au- (2) For heights between the values thorized bandwidth and removed from listed in the table, linear interpolation the edge of the authorized bandwidth shall be used to determine maximum by a displacement frequency (fd in kHz) e.r.p. of up to and including 20 kHz: at least (e) MTA and regional base stations 116 × Log10 ((fd + 5)/3.05) decibels or 50 + located less than 80 kilometers (50 10 × Log10 (P) decibels or 70 decibels, miles) from the licensed service area whichever is the lesser attenuation; border must limit their effective radi- (ii) On any frequency outside the au- ated power in accordance with the fol- thorized bandwidth and removed from lowing formula: the edge of the authorized bandwidth PW = 0.0175 × dkm* * 6.6666 × x hm* * ¥ by a displacement frequency (fd in kHz) 3.1997 of more than 20 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, PW is effective radiated power in watts whichever is the lesser attenuation. dkm is distance in kilometers (b) The measurements of emission hm is antenna HAAT in meters; see § 24.53 for power can be expressed in peak or aver- HAAT calculation method age values provided they are expressed (f) All power levels specified in this in the same parameters as the trans- section are expressed in terms of the mitter power. maximum power, averaged over a 100 (c) When an emission outside of the millisecond interval, when measured authorized bandwidth causes harmful with instrumentation calibrated in interference, the Commission may, at terms of an rms-equivalent voltage its discretion, require greater attenu- with a resolution bandwidth equal to ation than specified in this section. or greater than the authorized band- (d) The following minimum spectrum width. analyzer resolution bandwidth settings (g) Additionally, PCS stations will be will be used: 300 Hz when showing com- subject to any power limits imposed by pliance with paragraphs (a)(1)(i) and international agreements. (a)(2)(i) of this section; and 30 kHz [58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, when showing compliance with para- 1994, as amended at 62 FR 27511, May 20, 1997; graphs (a)(1)(ii) and (a)(2)(ii) of this 65 FR 35853, June 6, 2000] section.

§ 24.133 Emission limits. [58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, as amended at 59 FR (a) The power of any emission shall 14119, Mar. 25, 1994; 66 FR 10968, Feb. 21, 2001] be attenuated below the transmitter power (P), as measured in accordance § 24.134 Co-channel separation cri- with § 24.132(f), in accordance with the teria. following schedule: The minimum co-channel separation (1) For transmitters authorized a distance between base stations in dif- bandwidth greater than 10 kHz: ferent service areas is 113 kilometers (i) On any frequency outside the au- (70 miles). A co-channel separation dis- thorized bandwidth and removed from tance is not required for the base sta- the edge of the authorized bandwidth tions of the same licensee or when the by a displacement frequency (fd in kHz) affected parties have agreed to other of up to and including 40 kHz: at least co-channel separation distances.

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§ 24.135 Frequency stability. (2) Guam and the Northern Mariana Islands are licensed as a single MTA- (a) The frequency stability of the like area. transmitter shall be maintained within (3) Puerto Rico and the United States ±0.0001 percent (±1 ppm) of the center Virgin Islands are licensed as a single frequency over a temperature variation MTA-like area. of ¥30 °Celsius to + 50 °Celsius at nor- (4) American Samoa is licensed as a mal supply voltage, and over a vari- single MTA-like area. ation in the primary supply voltage of (b) The BTA service areas are based 85 percent to 115 percent of the rated on the Rand McNally 1992 Commercial supply voltage at a temperature of 20 Atlas & Marketing Guide, 123rd Edition, ° Celsius. at pages 38–39, with the following addi- (b) For battery operated equipment, tions licensed separately as BTA-like the equipment tests shall be performed areas: American Samoa; Guam; North- using a new battery without any fur- ern Mariana Islands; Mayagu¨ ez/Agua- ther requirement to vary supply volt- dilla-Ponce, Puerto Rico; San Juan, age. Puerto Rico; and the United States (c) It is acceptable for a transmitter Virgin Islands. The Mayagu¨ ez/Agua- to meet this frequency stability re- dilla-Ponce BTA-like service area con- quirement over a narrower tempera- sists of the following municipios: ture range provided the transmitter Adjuntas, Aguada, Aguadilla, An˜ asco, ceases to function before it exceeds Arroyo, Cabo Rojo, Coamo, Gua´ nica, these frequency stability limits. Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Dı´az, Lajas, Subpart E—Broadband PCS Las Marı´as, Mayagu¨ ez, Maricao, Maunabo, Moca, Patillas, Pen˜ uelas, SOURCE: 59 FR 32854, June 24, 1994, unless Ponce, Quebradillas, Rinco´ n, Sabana otherwise noted. Grande, Salinas, San Germa´ n, Santa Isabel, Villalba, and Yauco. The San § 24.200 Scope. Juan BTA-like service area consists of This subpart sets out the regulations all other municipios in Puerto Rico. governing the licensing and operations [59 FR 32854, June 24, 1994; 59 FR 40835, Aug. of personal communications services 10, 1994; 63 FR 68952, Dec. 14, 1998; 65 FR 53636, authorized in the 1850–1910 and 1930–1990 Sept. 5, 2000] MHz bands. § 24.203 Construction requirements. § 24.202 Service areas. (a) Licensees of 30 MHz blocks must Broadband PCS service areas are serve with a signal level sufficient to Major Trading Areas (MTAs) and Basic provide adequate service to at least Trading Areas (BTAs) as defined in this one-third of the population in their li- section. MTAs and BTAs are based on censed area within five years of being the Rand McNally 1992 Commercial licensed and two-thirds of the popu- Atlas & Marketing Guide, 123rd Edi- lation in their licensed area within ten tion, at pages 38–39 (‘‘BTA/MTA Map’’). years of being licensed. Licensees may, Rand McNally organizes the 50 states in the alternative, provide substantial and the District of Columbia into 47 service to their licensed area within MTAs and 487 BTAs. The BTA/MTA the appropriate five- and ten-year Map is available for public inspection benchmarks. Licensees may choose to at the Office of Engineering and Tech- define population using the 1990 census nology’s Technical Information Center, or the 2000 census. Failure by any li- 445 12th Street, SW, Washington, DC censee to meet these requirements will 20554. result in forfeiture or non-renewal of (a) The MTA service areas are based the license and the licensee will be in- on the Rand McNally 1992 Commercial eligible to regain it. Atlas & Marketing Guide, 123rd Edition, (b) Licensees of 10 MHz blocks except at pages 38–39, with the following ex- for the 1910–1915 MHz and 1990–1995 ceptions and additions: MHz, including 10 MHz C block licenses (1) Alaska is separated from the Se- reconfigured pursuant to Amendment attle MTA and is licensed separately. of the Commission’s Rules Regarding

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Installment Payment Financing for § 24.229 Frequencies. Personal Communications Services The frequencies available in the (PCS) Licensees, WT Docket No. 97–82, Broadband PCS service are listed in Sixth Report and Order, FCC 00–313, this section in accordance with the fre- and 15 MHz blocks resulting from the quency allocations table of § 2.106 of disaggregation option as provided in this chapter. the Commission’s Rules Regarding In- (a) The following frequency blocks stallment Payment Financing for Per- are available for assignment on an sonal Communications Services (PCS) MTA basis: Licensees, Second Report and Order and Further Notice of Proposed Rule Block A: 1850–1865 MHz paired with 1930–1945 MHz; and Making, WT Docket 97–82, 12 FCC Rcd Block B: 1870–1885 MHz paired with 1950–1965 16436 (1997), as modified by Order on Re- MHz. consideration of the Second Report and Order, WT Docket 97–82, 13 FCC Rcd (b) The following frequency blocks 8345 (1998), must serve with a signal are available for assignment on a BTA level sufficient to provide adequate basis: service to at least one-quarter of the Block C: 1895–1910 MHz paired with 1975–1990 population in their licensed area with- MHz; in five years of being licensed, or make Pursuant to Amendment of the Commis- a showing of substantial service in sion’s Rules Regarding Installment Pay- ment Financing for Personal Communica- their licensed area within five years of tions Services (PCS) Licensees, WT Docket being licensed. Population is defined as No. 97–82, Sixth Report and Order, FCC 00– the 1990 population census. Licensees 313, all 30 MHz Block C licenses available may elect to use the 2000 population for auction in Auction No. 35 or any subse- census to determine the five-year con- quent auction will be reconfigured into struction requirement. Failure by any three 10 MHz C block licenses as follows: 1895–1900 MHz paired with 1975–1980 MHz, licensee to meet these requirements 1900–1905 MHz paired with 1980–1985 MHz, will result in forfeiture of the license 1905–1910 MHz paired with 1985–1990 MHz; and the licensee will be ineligible to re- Block D: 1865–1870 MHz paired with 1945–1950 gain it. MHz; (c) Licensees must file maps and Block E: 1885–1890 MHz paired with 1965–1970 other supporting documents showing MHz; Block F: 1890–1895 MHz paired with 1970–1975 compliance with the respective con- MHz; struction requirements within the ap- (c) The paired frequency blocks 1910– propriate five- and ten-year bench- 1915 MHz and 1990–1995 MHz are avail- marks of the date of their initial liable for assignment in the 175 Eco- censes. nomic Areas defined in § 90.7 of this (d) Licensees in the paired 1910–1915 chapter. The 1910–1915 MHz block shall MHz and 1990–1995 MHz bands must be used for mobile/portable station make a showing of ‘‘substantial serv- transmissions while the 1990–1995 MHz ice’’ in their license area within ten block shall be used for base station years of the date of initial license transmissions. issuance or renewal. ‘‘Substantial serv- [59 FR 32854, June 24, 1994, as amended at 60 ice’’ is defined as service which is FR 13917, Mar. 15, 1995; 60 FR 26375, May 17, sound, favorable, and substantially 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. above a level of mediocre service which 6, 1997; 65 FR 53637, Sept. 5, 2000; 69 FR 67836, just might minimally warrant renewal. Nov. 22, 2004] Failure by any licensee to meet this re- § 24.232 Power and antenna height quirement will result in forfeiture of limits. the license and the licensee will be ineligible to regain it. (a)(1) Base stations with an emission bandwidth of 1 MHz or less are limited [58 FR 59183, Nov. 8, 1993, as amended at 64 to 1640 watts equivalent isotropically FR 26890, May 18, 1999; 65 FR 53636, Sept. 5, radiated power (EIRP) with an antenna 2000; 69 FR 67835, Nov. 22, 2004; 69 FR 75171, height up to 300 meters HAAT, except Dec. 15, 2004] as described in paragraph (b) below.

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(2) Base stations with an emission (3) Base station antenna heights may bandwidth greater than 1 MHz are lim- exceed 300 meters HAAT with a cor- ited to 1640 watts/MHz equivalent responding reduction in power; see Ta- isotropically radiated power (EIRP) bles 3 and 4 of this section. with an antenna height up to 300 me- (4) The service area boundary limit ters HAAT, except as described in para- and microwave protection criteria graph (b) below. specified in §§ 24.236 and 24.237 apply. (3) Base station antenna heights may (5) Operation under this paragraph exceed 300 meters HAAT with a cor- (b) at power limits greater than per- responding reduction in power; see Ta- mitted under paragraph (a) of this sec- bles 1 and 2 of this section. tion must be coordinated in advance (4) The service area boundary limit with all broadband PCS licensees au- and microwave protection criteria thorized to operate on adjacent fre- specified in §§ 24.236 and 24.237 apply. quency blocks within 120 kilometers (75 miles) of the base station and is lim- TABLE 1—REDUCED POWER FOR BASE STATION ited to base stations located more than ANTENNA HEIGHTS OVER 300 METERS, WITH 120 kilometers (75 miles) from the Ca- EMISSION BANDWIDTH OF 1 MHZORLESS nadian border and more than 75 kilo- Maximum meters (45 miles) from the Mexican HAAT in meters EIRP watts border.

≤300 ...... 1640 TABLE 3—REDUCED POWER FOR BASE STATION ≤500 ...... 1070 ≤1000 ...... 490 ANTENNA HEIGHTS OVER 300 METERS, WITH ≤1500 ...... 270 EMISSION BANDWIDTH OF 1 MHZORLESS ≤2000 ...... 160 Maximum HAAT in meters EIRP watts TABLE 2—REDUCED POWER FOR BASE STATION ≤ ANTENNA HEIGHTS OVER 300 METERS, WITH 300 ...... 3280 ≤500 ...... 2140 EMISSION BANDWIDTH GREATER THAN 1 MHZ ≤1000 ...... 980 ≤ Maximum 1500 ...... 540 HAAT in meters EIRP ≤2000 ...... 320 watts/MHz

≤300 ...... 1640 TABLE 4—REDUCED POWER FOR BASE STATION ≤ 500 ...... 1070 ANTENNA HEIGHTS OVER 300 METERS, WITH ≤1000 ...... 490 ≤1500 ...... 270 EMISSION BANDWIDTH GREATER THAN 1 MHZ ≤2000 ...... 160 Maximum HAAT in meters EIRP (b)(1) Base stations that are located watts/MHz in counties with population densities of ≤ 100 persons or fewer per square mile, 300 ...... 3280 ≤500 ...... 2140 based upon the most recently available ≤1000 ...... 980 population statistics from the Bureau ≤1500 ...... 540 of the Census, with an emission band- ≤2000 ...... 320 width of 1 MHz or less are limited to 3280 watts equivalent isotropically ra- (c) Mobile and portable stations are diated power (EIRP) with an antenna limited to 2 watts EIRP and the equip- height up to 300 meters HAAT. ment must employ a means for lim- (2) Base stations that are located in iting power to the minimum necessary counties with population densities of for successful communications. 100 persons or fewer per square mile, (d) Power measurements for trans- based upon the most recently available missions by stations authorized under population statistics from the Bureau this section may be made either in ac- of the Census, with an emission band- cordance with a Commission-approved width greater than 1 MHz are limited average power technique or in compli- to 3280 watts/MHz equivalent ance with paragraph (e) of this section. isotropically radiated power (EIRP) In both instances, equipment employed with an antenna height up to 300 me- must be authorized in accordance with ters HAAT. the provisions of § 24.51. In measuring

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transmissions in this band using an av- arise during the coordination process erage power technique, the peak-to-av- are to be resolved by the parties to the erage ratio (PAR) of the transmission coordination. Licensees are required to may not exceed 13 dB. coordinate with all users possibly af- (e) Peak transmit power must be fected, as determined by appendix I to measured over any interval of contin- this subpart E (Appendix E of the uous transmission using instrumenta- Memorandum Opinion and Order, GEN tion calibrated in terms of an rms- Docket No. 90–314, FCC 94–144; TIA equivalent voltage. The measurement Telecommunications Systems Bulletin results shall be properly adjusted for 10–F, ‘‘Interference Criteria for Micro- any instrument limitations, such as de- wave Systems,’’ May 1994, (TSB10–F)); tector response times, limited resolu- or an alternative method agreed to by tion bandwidth capability when com- the parties. pared to the emission bandwidth, sensi- (b) The results of the coordination tivity, etc., so as to obtain a true peak process need to be reported to the Com- measurement for the emission in ques- mission only if the parties fail to tion over the full bandwidth of the agree. Because broadband PCS licens- channel. ees are required to protect fixed microwave licensees in the 1850–1990 MHz NOTE TO § 24.232: Height above average terrain (HAAT) is to be calculated using the band, the Commission will be involved method set forth in § 24.53 of this part. in the coordination process only upon complaint of interference from a fixed [73 FR 24183, May 2, 2008] microwave licensee. In such a case, the § 24.235 Frequency stability. Commission will resolve the issues. (c) In all other respects, coordination The frequency stability shall be suffi- procedures are to follow the require- cient to ensure that the fundamental ments of § 101.103(d) of this chapter to emission stays within the authorized the extent that these requirements are frequency block. not inconsistent with those specified in this part. § 24.236 Field strength limits. (d) The licensee must perform an en- The predicted or measured median gineering analysis to assure that the field strength at any location on the proposed facilities will not cause inter- border of the PCS service area shall ference to existing OFS stations within not exceed 47 dBuV/m unless the par- the coordination distance specified in ties agree to a higher field strength. Table 3 of a magnitude greater than that specified in the criteria set forth § 24.237 Interference protection. in paragraphs (e) and (f) of this section, (a) All licensees are required to co- unless there is prior agreement with ordinate their frequency usage with the affected OFS licensee. Interference the co-channel or adjacent channel in- calculations shall be based on the sum cumbent fixed microwave licensees in of the power received at the terminals the 1850–1990 MHz band. Coordination of each microwave receiver from all of must occur before initiating operations the applicant’s current and proposed from any base station. Problems that 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

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TABLE 3—COORDINATION DISTANCES IN KILOMETERS—Continued

PCS Base Station Antenna HAAT in Meters EIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000

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 kilo- the Broadband Personal Communica- meters or less, interference determinations Service. tions shall be based on the C/I criteria (a) Out of band emissions. The power set forth in TIA Telecommunications of any emission outside of the author- Systems Bulletin 10–F, ‘‘Interference ized operating frequency ranges must Criteria for Microwave Systems,’’ May be attenuated below the transmitting 1994 (TSB10–F). power (P) by a factor of at least 43 + 10 (f) For microwave paths longer than log(P) dB. 25 kilometers, the interference protec- (b) Measurement procedure. Compli- tion criterion shall be such that the ance with these rules is based on the interfering signal will not produce use of measurement instrumentation more than 1.0 dB degradation of the employing a resolution bandwidth of 1 practical threshold of the microwave MHz or greater. However, in the 1 MHz receiver for analog system, or such bands immediately outside and adja- that the interfering signal will not cent to the frequency block a resolu- cause an increase in the bit error rate tion bandwidth of at least one percent (BER) from 10E–6 to 10E–5 for digital of the emission bandwidth of the funda- systems. (g) The development of the C/I ratios mental emission of the transmitter and interference criteria specified in may be employed. A narrower resolu- paragraphs (e) and (f) of this section tion bandwidth is permitted in all and the methods employed to compute cases to improve measurement accu- the interfering power at the microwave racy provided the measured power is receivers shall follow generally accept- integrated over the full required meas- able good engineering practices. The urement bandwidth (i.e. 1 MHz or 1 per- procedures described for computing cent of emission bandwidth, as speci- interfering signal levels in (appendix I fied). The emission bandwidth is de- to this subpart E Appendix E of the fined as the width of the signal be- Memorandum Opinion and Order, GEN tween two points, one below the carrier Docket No. 90–314, FCC 94–144) shall be center frequency and one above the applied. Alternatively, procedures for carrier center frequency, outside of determining interfering signal levels which all emissions are attenuated at and other criteria as may be developed least 26 dB below the transmitter by the Electronics Industries Associa- power. tion (EIA), the Institute of Electrical (c) Alternative out of band emission and Electronics Engineers, Inc. (IEEE), limit. Licensees in this service may es- the American National Standards In- tablish an alternative out of band stitute (ANSI) or any other recognized emission limit to be used at specified authority will be acceptable to the band edge(s) in specified geographical Commission. areas, in lieu of that set forth in this [59 FR 32854, June 24, 1994, as amended at 61 section, pursuant to a private contrac- FR 29691, June 21, 1996; 69 FR 75171, Dec. 15, tual arrangement of all affected licens- 2004] ees and applicants. In this event, each party to such contract shall maintain a § 24.238 Emission limitations for copy of the contract in their station Broadband PCS equipment. files and disclose it to prospective as- The rules in this section govern the signees or transferees and, upon re- spectral characteristics of emissions in quest, to the FCC.

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(d) Interference caused by out of band § 24.241 Administration of the Cost- emissions. If any emission from a trans- Sharing Plan. mitter operating in this service results The Wireless Telecommunications in interference to users of another Bureau, under delegated authority, will radio service, the FCC may require a select an entity to operate as a neu- greater attenuation of that emission tral, not-for-profit clearinghouse. This than specified in this section. clearinghouse will administer the cost- [67 FR 77192, Dec. 17, 2002] sharing plan by, inter alia, maintaining all of the cost and payment records re- POLICIES GOVERNING MICROWAVE RELO- lated to the relocation of each link and CATION FROM THE 1850–1990 MHZ determining the cost-sharing obliga- BAND tion of subsequent PCS entities. The cost-sharing rules will not take effect § 24.239 Cost-sharing requirements for until an administrator is selected. broadband PCS. [61 FR 29691, June 12, 1996] Frequencies in the 1850–1990 MHz band listed in § 101.147(c) of this chapter § 24.243 The cost-sharing formula. have been allocated for use by PCS. In A PCS relocator who relocates an accordance with procedures specified in interfering microwave link, i.e. one §§ 101.69 through 101.81 of this chapter, that is in all or part of its market area PCS entities (both licensed and unli- and in all or part of its frequency band censed) are required to relocate the ex- or a voluntarily relocating microwave isting Fixed Microwave Services (FMS) incumbent, is entitled to pro rata reim- licensees in these bands if interference bursement based on the following for- to the existing FMS operations would mula: occur. All PCS entities who benefit from spectrum clearance by other PCS []120 − ()T entities or a voluntarily relocating =×C m microwave incumbent, must contribute R N to such relocation costs. PCS entities N 120 may satisfy this requirement by enter- (a) RN equals the amount of reim- ing into private cost-sharing agree- bursement. ments or agreeing to terms other than (b) C equals the actual cost of relo- those specified in § 24.243. However, cating the link. Actual relocation costs PCS entities are required to reimburse include, but are not limited to, such other PCS entities or voluntarily relo- items as: Radio terminal equipment cating microwave incumbents that (TX and/or RX—antenna, necessary incur relocation costs and are not par- feed lines, MUX/Modems); towers and/ ties to the alternative agreement. In or modifications; back-up power equip- addition, parties to a private cost-shar- ment; monitoring or control equip- ing agreement may seek reimbursement; engineering costs (design/path ment through the clearinghouse (as survey); installation; systems testing; discussed in § 24.241) from PCS entities FCC filing costs; site acquisition and that are not parties to the agreement. civil works; zoning costs; training; dis- The cost-sharing plan is in effect dur- posal of old equipment; test equipment ing all phases of microwave relocation (vendor required); spare equipment; project management; prior coordina- specified in § 101.69 of this chapter. If a tion notification under § 101.103(d) of licensee in the Broadband PCS Service this chapter; site lease renegotiation; enters into a spectrum leasing arrange- required antenna upgrades for inter- ment (as set forth in part 1, subpart X ference control; power plant upgrade (if of this chapter) and the spectrum les- required); electrical grounding sys- see triggers a cost-sharing obligation, tems; Heating Ventilation and Air Con- the licensee is the PCS entity respon- ditioning (HVAC) (if required); alter- sible for satisfying the cost-sharing ob- nate transport equipment; and leased ligations under §§ 24.239 through 24.253. facilities. C also includes voluntarily [62 FR 12757, Mar. 18, 1997, as amended at 69 relocating microwave incumbent’s FR 77559, Dec. 27, 2004] independent third party appraisal of its

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compensable relocation costs and in- of the link, pursuant to § 101.305 of the cumbent transaction expenses that are Commission’s rules. directly attributable to the relocation, (b) Documentation of expenses. Once subject to a cap of two percent of the relocation occurs, the PCS relocator or ‘‘hard’’ costs involved. C may not ex- the voluntarily relocating microwave ceed $250,000 per link, with an addi- incumbent, must submit documenta- tional $150,000 permitted if a new or tion itemizing the amount spent for modified tower is required. items listed in § 24.243(b). The volun- (c) N equals the number of PCS enti- tarily relocating microwave incum- ties that would have interfered with bent, must also submit an independent the link. For the PCS relocator, N = 1. third party appraisal of its compen- For the next PCS entity that would sable relocation costs. The appraisal have interfered with the link, N = 2, should be based on the actual cost of and so on. In the case of a voluntarily replacing the incumbent’s system with relocating microwave incumbent, N = 1 comparable facilities and should ex- for the first PCS entity that would clude the cost of any equipment up- have interfered with the link. For the grades or items outside the scope of next PCS entity that would have inter- § 24.243(b). The PCS relocator or the fered with the link, N = 2, and so on. voluntarily relocating microwave in- (d) Tm equals the number of months cumbent, must identify the particular that have elapsed between the month link associated with appropriate ex- the PCS relocator or voluntarily relo- penses (i.e., costs may not be averaged cating microwave incumbent obtains over numerous links). If a PCS re- reimbursement rights for the link and locator pays a microwave incumbent a the month that the clearinghouse noti- monetary sum to relocate its own fa- fies a later-entrant of its reimburse- cilities, the PCS relocator must esti- ment obligation for the link. A PCS re- mate the costs associated with relo- locator obtains reimbursement rights cating the incumbent by itemizing the for the link on the date that it signs a anticipated cost for items listed in relocation agreement with a micro- § 24.243(b). If the sum paid to the in- wave incumbent. A voluntarily relo- cumbent cannot be accounted for, the cating microwave incumbent obtains remaining amount is not eligible for reimbursement rights for the link on reimbursement. A PCS relocator may the date that the incumbent notifies submit receipts or other documenta- the Commission that it intends to dis- tion to the clearinghouse for all reloca- continue, or has discontinued, the use tion expenses incurred since April 5, of the link, pursuant to § 101.305 of the 1995. Commission’s rules. (c) Full Reimbursement. A PCS re- [62 FR 12757, Mar. 18, 1997, as amended at 65 locator who relocates a microwave link FR 46113, July 27, 2000] that is either fully outside its market area or its licensed frequency band § 24.245 Reimbursement under the may seek full reimbursement through Cost-Sharing Plan. the clearinghouse of compensable (a) Registration of reimbursement costs, up to the reimbursement cap as rights. (1) To obtain reimbursement, a defined in § 24.243(b). Such reimburse- PCS relocator must submit documenta- ment will not be subject to depreciation of the relocation agreement to the tion under the cost-sharing formula. clearinghouse within ten business days [61 FR 29692, June 12, 1996, as amended at 62 of the date a relocation agreement is FR 12757, Mar. 18, 1997; 65 FR 46113, July 27, signed with an incumbent. 2000] (2) To obtain reimbursement, a voluntarily relocating microwave incum- § 24.247 Triggering a reimbursement bent must submit documentation of obligation. the relocation of the link to the clear- (a) Licensed PCS. The clearinghouse inghouse within ten business days of will apply the following test to deter- the date that the incumbent notifies mine if a PCS entity preparing to ini- the Commission that it intends to dis- tiate operations must pay a PCS re- continue, or has discontinued, the use locator or a voluntarily relocating

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microwave incumbent in accordance (Proximity Threshold) described as fol- with the formula detailed in § 24.243: lows: (1) All or part of the relocated micro- (i) The length of the rectangle shall wave link was initially co-channel with be x where x is a line extending the licensed PCS band(s) of the subse- through both nodes of the microwave quent PCS entity; link to a distance of 48 kilometers (30 (2) A PCS relocator has paid the relo- miles) beyond each node. The width of cation costs of the microwave incum- the rectangle shall be y where y is a bent; and line perpendicular to x and extending (3) The subsequent PCS entity is pre- for a distance of 24 kilometers (15 paring to turn on a fixed base station at commercial power and the fixed base miles) on both sides of x. Thus, the rec- station is located within a rectangle tangle is represented as follows:

(ii) If the application of the Prox- the date that the new entrants gain ac- imity Threshold test indicates that a cess to the band. The percent required reimbursement obligation exists, the by new entrants to pay shall be cal- clearinghouse will calculate the reim- culated based upon the amount of spec- bursement amount in accordance with trum granted to the new entrant as the cost-sharing formula and notify the compared to the total amount of spec- subsequent PCS entity of the total trum UTAM is responsible for clearing amount of its reimbursement obliga- of incumbents (20 megahertz), and tion. must be paid before a new entrant be- (b) Unlicensed PCS. UTAM’s reim- gins operations in the band. For exam- bursement obligation is triggered ei- ple, if a new entrant obtains a license ther: for 5 megahertz of spectrum in this (1) When a county is cleared of micro- band, it is required to reimburse UTAM wave links in the unlicensed alloca- one-quarter of UTAM’s total costs to tion, and UTAM invokes a Zone 1 date on a pro rata shared basis. New power cap as a result of third party re- entrants will be responsible for the ac- location activities; or tual costs associated with future relo- (2) A county is cleared of microwave cation activities in their licensed spec- links in the unlicensed allocation and trum, but will be entitled to seek reim- UTAM reclassifies a Zone 2 county to bursement from UTAM for the propor- Zone 1 status. tion of those band clearing costs that (c) Any new entrants granted licenses benefit users of the 1915–1930 MHz band. for the 1910–1915 MHz band must reim- [61 FR 29692, June 12, 1996, as amended at 62 burse UTAM a pro rata share of its FR 12757, Mar. 18, 1997; 69 FR 67836, Nov. 22, total expenses incurred by UTAM as of 2004]

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§ 24.249 Payment issues. the extent that disputes cannot be resolved by the clearinghouse, parties are (a) Timing. On the day that a PCS en- encouraged to use expedited ADR pro- tity files its prior coordination notice cedures, such as binding arbitration, (PCN) in accordance with § 101.103(d) of mediation, or other ADR techniques. this chapter, it must file a copy of the PCN with the clearinghouse. The clear- [61 FR 29693, June 12, 1996] inghouse will determine if any reimbursement obligation exists and notify § 24.253 Termination of cost-sharing the PCS entity in writing of its repay- obligations. ment obligation, if any. When the PCS The cost-sharing plan will sunset for entity receives a written copy of such all PCS entities on April 4, 2005, which obligation, it must pay directly to the is ten years after the date that vol- PCS relocator or the voluntarily relo- untary negotiations commenced for A cating microwave incumbent the and B block PCS entities. Those PCS amount owed within thirty days, with entities that are paying their portion the exception of those businesses that of relocation costs on an installment qualify for installment payments. A basis must continue the payments business that qualifies for an install- until the obligation is satisfied. ment payment plan must make its first [61 FR 29693, June 12, 1996] installment payment within thirty days of notice from the clearinghouse. APPENDIX I TO SUBPART E OF PART 24— UTAM’s first payment will be due thir- A PROCEDURE FOR CALCULATING ty days after its reimbursement obliga- PCS SIGNAL LEVELS AT MICROWAVE tion is triggered, as described in RECEIVERS (APPENDIX E OF THE § 24.247(b). MEMORANDUM OPINION AND ORDER) (b) Eligibility for Installment Payments. PCS licensees that are allowed to pay The new Rules adopted in Part 24 stipulate that estimates of interference to fixed for their licenses in installments under microwave operations from a PCS operation our designated entity rules will have will be based on the sum of signals received identical payment options available to at a microwave receiver from the PCS oper- them with respect to payments under ation. This appendix describes a procedure the cost-sharing plan. The specific for computing this PCS level. terms of the installment payment In general, the procedure involves four mechanism, including the treatment of steps: 1. Determine the geographical coordinates principal and interest, are the same as of all microwave receivers operating on co- those applicable to the licensee’s in- channel and adjacent frequencies within the stallment auction payments. If, for any coordination distance of each base station reason, the entity eligible for install- and the characteristics of each receiver, i.e., ment payments is no longer eligible for adjacent channel susceptibility, antenna such installment payments on its li- gain, pattern and height, and line and other cense, that entity is no longer eligible losses. for installment payments under the 2. Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station cost-sharing plan. UTAM may make and equivalent e.i.r.p. values for the mobiles quarterly payments over a five-year pe- and portables associated with each base sta- riod with an interest rate of prime plus tion. Determine the values of pertinent cor- 2.5 percent. UTAM may also negotiate rection and weighting factors based on build- separate repayment arrangements with ing heights and density and distribution of other parties. portables. Close-in situations, prominent hills, and extra tall buildings require special [61 FR 29693, June 12, 1996, as amended at 62 treatment. FR 12757, Mar. 18, 1997] 3. Based on PCS e.i.r.p. values, correction and weighting factors, and microwave re- § 24.251 Dispute resolution under the ceiving system characteristics determined Cost-Sharing Plan. above, calculate the total interference power Disputes arising out of the cost-shar- at the input of each microwave receiver, using the Longley-Rice propagation model. ing plan, such as disputes over the 4. Based on the interference power level amount of reimbursement required, computed in step 3, determine interference must be brought, in the first instance, to each microwave receiver using criteria de- to the clearinghouse for resolution. To scribed in Part 24 and EIA/TIA Bulletin 10–F.

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The interference from each base station Lpsi = Path loss between MW and outdoor and the mobiles and portables associated portables in dB with it is calculated as follows: Prpbi = Power at MW receiver from indoor portables (b for building) Prbi = 10Log (ptbi)¥Lbi¥UCi + Gmwi¥Ci¥BPi p = e.i.r.p. transmitted from indoor Prmi = 10Log (nmi × ptmi)¥Lmi¥UCi + Gmwi¥Ci tpbi Prpsi = 10Log (npsi × ptpsi)¥Lpsi¥UCi + Gmwi¥Ci portables associated with ith base sta- Prpbi = 10Log (npbi × tion ptpbi)¥Lpbi¥UCi¥(BPi¥BHi) + Gmwi¥Ci npbi = number of indoor portables associated Prpri = 10Log (npri × ptpri)¥Lpri¥(UCi¥BHi) + with ith base station Gmwi¥Ci Lpbi = Path loss in dB between MW and base where: station site (using average building height divided by 2 as effective antenna P refers to Power in dBm height) p refers to power in milliwatts Prpri = Power at MW receiver from rooftop Prbi = Power at MW receiver from ith base portables (r for rooftop) station in dBm p = e.i.r.p. transmitted from rooftop p = e.i.r.p. transmitted from ith base sta- tpri tbi portables associated with ith base station in milliwatts, which equals average tion power per channel × number of channels n = Number of rooftop portables associated × antenna gain with respect to an iso- pri with ith base station tropic antenna ¥ line loss L = Path loss in dB between MW and base L = Path loss between MW and base station pri bi station site (using average building site in dB height as effective antenna height) UC = Urban correction factor in dB i BP = Building penetration loss at street G = Gain of MW antenna in pertinent di- i mwi level in dB rection (dBi) BH = Height gain for portables in buildings C = Channel discrimination of MW system in i i dB = 2.5 × (nf–1), where nf is number of dB floors Prmi = Power at MW receiver from mobiles associated with ith base station NOTE: Where Ci varies from channel-to- channel, which often is the case, the summa- ptmi = e.i.r.p. transmitted from mobiles associated with ith base station tion process is more complex, requiring summation at a channel level first. nmi = Number of mobiles associated with ith base station Finally, the total PCS interference power Lmi = Path loss between MW and mobile at a given microwave receiver from all the transmitters in dB base stations in a given frequency band is Prpsi = Power at MW receiver from outdoor found by summing the contributions from portables (s for sidewalk) the individual stations. Likewise, the total ptpsi = e.i.r.p. transmitted from outdoor interference power at a given microwave re- portables associated with ith base sta- ceiver from all mobiles and portables oper- tion ating in a given frequency band is found by npsi = Number of outdoor portables associated summing the contributions from the mobiles with ith base station and portables associated with each cell.

= pprb∑ rbi milliwatts i =+++ pppprm∑()prmi rpsi rpbi rpri milliwatts i P = 10 Log(p) dBm

Base Stations. Interference from each base total power of the group and the average an- station to each microwave should normally tenna height of the group to calculate path be considered independently. A group of base loss, L. stations having more or less (within ±50 per- Mobile Stations. The e.i.r.p. from mobile cent) the same height above average terrain, transmitters is weighted according to the the same e.i.r.p., basically the same path to number of base station channels expected to a microwave receiving site, and subtending be devoted to mobile operation at any given an angle to that receiving site of less than 5 time. The antenna height of mobiles used in degrees, may be treated as a group, using the

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calculating path loss, L, is assumed to be 2 Channel Discrimination Factor. A factor meters. based on the interference selectivity of the Portable Stations. The e.i.r.p. from the port- microwave receiver. able units associated with each base station Propagation Model. The PCS to microwave is weighted according to the estimated por- path loss, L, is calculated using the Longley- tion of portables associated with that cell Rice propagation model, Version 1.2.2., in the expected to be operated inside buildings at point-to-point mode. The Longley-Rice [1] any given time and the portion which could model was derived from NBS Technical Note be expected to be operating from elevated lo- 101 [2], and updated in 1982 by Hufford [3]. cations, such as balconies or building roof- Version 1.2.2 incorporated modifications described in a letter by Hufford [4] in 1985. Ter- tops. For example, in the case of service in- rain elevations used as input to the model tended for business use in an urban area, one should be from the U.S. Geological Survey 3- might expect that perhaps 85 percent of the second digitized terrain database. portables in use at any given time would be Special Situations. If a cell size is large com- operating from within buildings and perhaps pared to the distance between the cell and a 5 percent might be operating from rooftops microwave receiving site so that it subtends or balconies. The remaining 10 percent would an angle greater than 5 degrees, the cell be outside at street level. should be subdivided and calculations should Calculation of an equivalent e.i.r.p. for be based on the expected distribution of mo- cells in suburban areas will involve different biles and portables within each subdivision. weighting criteria. If terrain elevations within a cell differ by Urban Correction Factor. The urban correc- more than a factor of two-to-one, the cell tion factor (UC) depends on the height and should be subdivided and microwave inter- density of buildings surrounding a base sta- ference calculations should be based on the tion. For the core area of large cities, it is average terrain elevation for each subdivi- assumed to be 35 dB. For medium size cities sion. and fringe areas of large cities (4- to 6-story If a co-channel PCS base station lies with- buildings with scattered taller buildings and in the main beam of a microwave antenna (±5 lower buildings and open spaces) it is as- degrees), there is no intervening terrain ob- sumed to be 25 dB; for small cities and structions, and the power at the microwave towns, 15 dB, and for suburban residential receiver from that base station, assuming areas (one- and two-story, single family free space propagation, would be 3 dB or less houses with scattered multiple-story apart- below the interference threshold, inter- ment buildings, shopping centers and open ference will be assumed to exist unless the areas), 10 dB. PCS licensee can demonstrate otherwise by specific path loss calculations based on ter- The unadjusted urban correction factor, rain and building losses. UC, should not be applied to base station an- If any part of a cell or cell subdivision lies tenna heights that are greater than 50 per- within the main beam of a co-channel micro- cent of the average building height for a cell. wave antenna, there is no intervening ter- Building Height and Building Penetration rain obstructions, and the accumulative Factors. The building height correction, BH, power of 5 percent or less of the mobiles, as- is a function of the average building height suming free space propagation would be 3 dB within the nominal coverage area of the base or less below the interference threshold, in- station. It is used in conjunction with the terference will be assumed to exist unless building penetration loss, BP, to adjust the the PCS licensee can demonstrate otherwise expected interference contribution from that by specific path loss calculations based on portion of the portables transmitting from terrain and building losses. within buildings. The adjustment is given If a building within a cell or cell subdivi- by: sion lies within the main beam of a co-chan- BP = 20 dB in urban areas nel microwave antenna, there is no inter- BP = 10 dB in suburban areas vening terrain obstructions, and the cumulative power of 5 percent or fewer of the BH = 2.5 × (nf–1) dB portables, assuming free space propagation, where nf is the average height (number of would be 3 dB or less below the interference floors) of the buildings in the area. threshold, interference will be assumed to (Note that this formula implies a net gain exist unless the PCS licensee can dem- when the average building height is greater onstrate otherwise by specific path loss cal- than 8 floors). All buildings more than twice culations based on terrain and building the average height should be considered indi- losses. vidually. The contribution to BH from that portion of portables in the building above REFERENCES: the average building height should be in- 1. Longley, A.G. and Rice, P.L., ‘‘Pre- creased by a factor of 20Log(h) dB, where h is diction of Tropospheric Radio Transmission the height of the portables above the average Loss Over Irregular Terrain, A Computer building height in meters. Method-1968’’, ESSA Technical Report ERL

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79–ITS 67, Institute for Telecommunications section, or a consortium of very small Sciences, July 1968. businesses may use the bidding credit 2. Rice, P.L. Longley, A.G., Norton, K.A., specified in § 1.2110(f)(2)(ii) of this chap- Barsis, A.P., ‘‘Transmission Loss Predictions for Tropospheric Communications Circuits,’’ ter. NBS Technical Note 101 (Revised), Volumes I (c) Installment payments. Small busi- and II, U.S. Department of Commerce, 1967. nesses that are winning bidders on any 3. Hufford, G.A., Longley, A.G. and Kissick, regional license prior to August 7, 2000 W.A., ‘‘A Guide to the use of the ITS Irreg- will be eligible to pay the full amount ular Terrain Model in the Area Prediction Mode’’, NTIA Report 82–100, U.S. Department of their winning bids in installments of Commerce, April 1982. Also, Circular let- over the term of the license pursuant ter, dated January 30, 1985, from G.A. to the terms set forth in § 1.2110(g) of Hufford, identifying modifications to the this chapter. computer program. 4. Hufford, G.A., Memorandum to Users of [67 FR 45367, July 9, 2002, as amended at 68 the ITS Irregular Terrain Model, Institute FR 42998, July 21, 2003] for Telecommunications Sciences, U.S. De- partment of Commerce, January 30, 1985. Subpart G—Interim Application, Licensing and Processing Subpart F—Competitive Bidding Rules for Narrowband PCS Procedures for Narrowband PCS

SOURCE: 59 FR 26749, May 24, 1994, unless SOURCE: 59 FR 26747, May 24, 1994, unless otherwise noted. otherwise noted.

§ 24.301 Narrowband PCS subject to § 24.403 Authorization required. competitive bidding. No person shall use or operate any Mutually exclusive initial applica- device for the transmission of energy tions for narrowband PCS service li- or communications by radio in the censes are subject to competitive bid- services authorized by this part except ding. The general competitive bidding as provided in this part. procedures set forth in part 1, subpart Q of this chapter will apply unless oth- § 24.404 Eligibility. erwise provided in this subpart. (a) General. Authorizations will be [67 FR 45367, July 9, 2002] granted upon proper application if: (1) The applicant is qualified under §§ 24.302–24.309 [Reserved] the applicable laws and the regulations, policies and decisions issued § 24.320 [Reserved] under the laws, including § 24.12; § 24.321 Designated entities. (2) There are frequencies available to provide satisfactory service; and (a) Eligibility for small business provi- (3) The public interest, convenience sions. (1) A small business is an entity or necessity would be served by a that, together with its controlling in- grant. terests and affiliates, has average gross revenues not exceeding $ 40 million for (b) Alien ownership. A narrowband the preceding three years. PCS authorization to provide Commer- (2) A very small business is an entity cial Mobile Radio Service may not be that, together with its controlling in- granted to or held by: terests and affiliates, has average gross (1) Any alien or the representative of revenues not exceeding $ 15 million for any alien. the preceding three years. (2) Any corporation organized under (b) Bidding credits. After August 7, the laws of any foreign government. 2000, a winning bidder that qualifies as (3) Any corporation of which more a small business, as defined in this sec- than one-fifth of the capital stock is tion, or a consortium of small busi- owned of record or voted by aliens or nesses may use the bidding credit spec- their representatives or by a foreign ified in § 1.2110(f)(2)(iii) of this chapter. government or representative thereof A winning bidder that qualifies as a or any corporation organized under the very small business, as defined in this laws of a foreign country.

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(4) Any corporation directly or indi- §§ 24.416–24.429 [Reserved] rectly controlled by any other corporation of which more than one-fourth of § 24.430 Opposition to applications. the capital stock is owned or voted by (a) Petitions to deny (including peti- aliens, their representatives, or by a tions for other forms of relief) and re- foreign government or representative sponsive pleadings for Commission con- thereof, or by any corporation orga- sideration must comply with § 1.2108 of nized under the laws of a foreign coun- this chapter and must: try, if the Commission finds that the (1) Identify the application or appli- public interest will be served by the re- cations (including applicant’s name, fusal or revocation of such license. A station location, Commission file num- Narrowband PCS authorization to pro- bers and radio service involved) with vide Private Mobile Radio Service may which it is concerned; not be granted to or held by a foreign (2) Be filed in accordance with the government or a representative there- pleading limitations, filing periods, of. and other applicable provisions of [59 FR 26749, May 24, 1994, as amended at 61 §§ 1.41 through 1.52 of this chapter ex- FR 55581, Oct. 28, 1996; 65 FR 35855, June 6, cept where otherwise provided in 2000] § 1.2108 of this chapter; (3) Contain specific allegations of §§ 24.405–24.414 [Reserved] fact which, except for facts of which official notice may be taken, shall be § 24.415 Technical content of applica- supported by affidavit of a person or tions; maintenance of list of station persons with personal knowledge there- locations. of, and which shall be sufficient to (a) All applications required by this demonstrate that the petitioner (or re- part shall contain all technical infor- spondent) is a party in interest and mation required by the application that a grant of, or other Commission forms or associated public notice(s). action regarding, the application would Applications other than initial applica- be prima facie inconsistent with the tions for a narrowband PCS license public interest; and must also comply with all technical re- (4) Contain a certificate of service quirements of the rules governing the showing that it has been mailed to the narrowband PCS (see subparts C and D applicant no later than the date of fil- as appropriate). The following para- ing thereof with the Commission. graphs describe a number of general (b) A petition to deny a major technical requirements. amendment to a previously filed appli- (b) Each application (except applica- cation may only raise matters directly tions for initial licenses filed on Form related to the amendment which could 175) for a radio station authorization not have been raised in connection for narrowband PCS must comply with with the underlying, previously filed the provisions of §§ 24.129 through application. This does not apply to pe- 24.135. titioners who gain standing because of (c)–(i) [Reserved] the major amendment. (j) The location of the transmitting (c) Parties who file frivolous peti- antenna shall be considered to be the tions to deny may be subject to sanc- station location. Narrowband PCS li- tions including monetary forfeitures, censees must maintain a current list of license revocation, if they are FCC li- all station locations, which must de- censees, and may be prohibited from scribe the transmitting antenna site by participating in future auctions. its geographical coordinates and also [59 FR 44072, Aug. 26, 1994, as amended at 65 by conventional reference to street FR 35855, June 6, 2000] number, landmark, or the equivalent. All such coordinates shall be specified § 24.431 Mutually exclusive applica- in terms of degrees, minutes, and sections. onds to the nearest second of latitude (a) The Commission will consider ap- and longitude. plications to be mutually exclusive if [59 FR 26749, May 24, 1994; 59 FR 43898, Aug. their conflicts are such that the grant 25, 1994] of one application would effectively

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preclude by reason of harmful elec- $125 million in each of the last two trical interference, or other practical years and total assets of less than $500 reason, the grant of one or more of the million at the time the applicant’s other applications. The Commission short-form application (Form 175) is will presume ‘‘harmful electrical inter- filed. ference’’ to mean interference which (2) Any licensee awarded a license would result in a material impairment won in closed bidding pursuant to the to service rendered to the public de- eligibility requirements of this section spite full cooperation in good faith by (or pursuant to § 24.839(a)(2)) shall all applicants or parties to achieve rea- maintain its eligibility until at least sonable technical adjustments which five years from the date of initial li- would avoid electrical conflict. cense grant, except that a licensee’s (or (b) Mutually exclusive applications other attributable entity’s) increased filed on Form 175 for the initial provi- gross revenues or increased total assets sion of narrowband PCS service are due to nonattributable equity invest- subject to competitive bidding in ac- ments (i.e., from sources whose gross cordance with the procedures in sub- revenues and total assets are not con- part F of this part and in 47 CFR part sidered under paragraph (b) of this sec- 1, subpart Q. tion), debt financing, revenue from op- (c) An application will be entitled to erations or other investments, business comparative consideration with one or development, or expanded service shall more conflicting applications only if not be considered. the Commission determines that such comparative consideration will serve (3) Tiers. (i) For purposes of deter- the public interest. mining spectrum to which the eligibility requirements of this section are §§ 24.432–24.444 [Reserved] applicable, the BTA service areas (see § 24.202(b)) are divided into two tiers ac- Subpart H—Competitive Bidding cording to their population as follows: Procedures for Broadband PCS (A) Tier 1: BTA service areas with population equal to or greater than 2.5 million; SOURCE: 59 FR 37604, July 22, 1994, unless otherwise noted. (B) Tier 2: BTA service areas with population less than 2.5 million. § 24.701 Broadband PCS subject to (ii) For Auction No. 35, the popu- competitive bidding. lation of individual BTA service areas Mutually exclusive initial applica- will be based on the 1990 census. For tions for broadband PCS service li- auctions beginning after the start of censes are subject to competitive bid- Auction No. 35, the population of indi- ding. The general competitive bidding vidual BTA service areas will be based procedures set forth in part 1, subpart on the most recent available decennial Q of this chapter will apply unless oth- census. erwise provided in this subpart. (4) Application of eligibility requirements. (i) The following categories of [67 FR 45367, July 9, 2002] licenses will be subject to closed bid- §§ 24.702–24.708 [Reserved] ding pursuant to the eligibility requirements of this section in auctions § 24.709 Eligibility for licenses for fre- that begin after the effective date of quency Blocks C or F. this paragraph. (a) General rule for licenses offered for (A) For Tier 1 BTAs, one of the 10 closed bidding. (1) No application is ac- MHz C block licenses (1895–1900 MHz ceptable for filing and no license shall paired with 1975–1980 MHz); be granted to a winning bidder in (B) For Tier 2 BTAs, two of the 10 closed bidding for frequency block C or MHz C block licenses (1895–1900 MHz frequency block F, unless the appli- paired with 1975–1980 MHz; 1900–1905 cant, together with its affiliates and MHz paired with 1980–1985 MHz) and all persons or entities that hold interests 15 MHz C block licenses. in the applicant and their affiliates, (ii) Notwithstanding the provisions of have had gross revenues of less than paragraph (a)(4)(i) of this section, any

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C block license for operation on spec- Rcd 16,436 (1997), as modified by the trum that has been offered, but not Order on Reconsideration of the Second won by a bidder, in closed bidding in Report and Order, WT Docket No. 97–82, any auction beginning on or after FCC 98–46 (rel. Mar. 24, 1998), will not March 23, 1999, will not be subject in a be eligible to apply for such subsequent auction to closed bidding disaggregated spectrum until 2 years pursuant to the eligibility require- from the start of the reauction of that ments of this section. spectrum. (5) Special rule for licensees (B) Applicants that surrendered to disaggregating or returning certain the Commission any of their frequency spectrum in frequency block C. block C licenses, as provided in Amend- (i) In addition to entities qualifying ment of the Commission’s Rules Re- for closed bidding under paragraph garding Installment Payment Financ- (a)(1) of this section, any entity that ing for Personal Communications Serv- was eligible for and participated in the ices (PCS) Licensees, Second Report auction for frequency block C, which and Order and Further Notice of Pro- began on December 18, 1995, or the re- posed Rule Making, WT Docket No. 97– auction for frequency block C, which 82, 12 FCC Rcd 16,436 (1997), as modified began on July 3, 1996, will be eligible to by the Order on Reconsideration of the bid for C block licenses offered in Second Report and Order, WT Docket closed bidding in any reauction of fre- No. 97–82, FCC 98–46 (rel. Mar. 24, 1998), quency block C spectrum that begins will not be eligible to apply for the li- within two years of March 23, 1999. censes that they surrendered to the (ii) In cases of merger, acquisition, or Commission until 2 years from the other business combination of entities, start of the reauction of those licenses where each of the entities is eligible to if they elected to apply a credit of 70% bid for C block licenses offered in of the down payment they made on closed bidding in any reauction of C those licenses toward the prepayment block spectrum on the basis of the eli- of licenses they did not surrender. gibility exception set forth in para- (b) Exceptions to general rule—(1) graph (a)(5)(i) of this section, the re- Scope. The following provisions apply sulting entity will also be eligible for to licenses acquired in Auctions No. 5, the exception specified in paragraph 10, 11 or 22, or pursuant to § 24.839(a)(2) (a)(5)(i) of this section. or (a)(3) prior to October 30, 2000. (iii) In cases of merger, acquisition, or other business combination of enti- (i) Small business consortia. Where an ties, where one or more of the entities applicant (or licensee) is a consortium are ineligible for the exception set of small businesses, the gross revenues forth in paragraph (a)(5)(i) of this sec- and total assets of each small business tion, the resulting entity will not be el- shall not be aggregated. igible pursuant to paragraph (a)(5)(i) of (ii) Publicly-traded corporations. this section unless an eligible entity Where an applicant (or licensee) is a possesses de jure and de facto control publicly traded corporation with wide- over the resulting entity. ly dispersed voting power, the gross (iv) The following restrictions will revenues and total assets of a person or apply for any reauction of frequency entity that holds an interest in the ap- block C spectrum conducted after plicant (or licensee), and its affiliates, March 24, 1998: shall not be considered. (A) Applicants that elected to (iii) 25 Percent equity exception. The disaggregate and surrender to the Com- gross revenues and total assets of a mission 15 MHz of spectrum from any person or entity that holds an interest or all of their frequency block C li- in the applicant (or licensee), and its censes, as provided in Amendment of affiliates, shall not be considered so the Commission’s Rules Regarding In- long as: stallment Payment Financing for Per- (A) Such person or entity, together sonal Communications Services (PCS) with its affiliates, holds only nonattrib- Licensees, Second Report and Order utable equity equaling no more than 25 and Further Notice of Proposed Rule percent of the applicant’s (or licens- Making, WT Docket No. 97–82, 12 FCC ee’s) total equity;

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(B) Except as provided in paragraph be held by qualifying investors, either (b)(1)(v) of this section, such person or unconditionally or in the form of op- entity is not a member of the appli- tions exercisable, at the option of the cant’s (or licensee’s) control group; and holder, at any time and at any exercise (C) The applicant (or licensee) has a price equal to or less than the market control group that complies with the value at the time the applicant files its minimum equity requirements of para- short-form application (Form 175); graph (b)(1)(v) of this section, and, if (2) Such qualifying investors must hold the applicant (or licensee) is a corpora- 50.1 percent of the voting stock and all tion, owns at least 50.1 percent of the general partnership interests within applicant’s (or licensee’s) voting inter- the control group, and must have de ests, and, if the applicant (or licensee) facto control of the control group and is a partnership, holds all of its general of the applicant; partnership interests. (3) The remaining 10 percent of the (iv) 49.9 Percent equity exception. The applicant’s (or licensee’s) total equity gross revenues and total assets of a per- may be owned, either unconditionally son or entity that holds an interest in or in the form of stock options, by any the applicant (or licensee), and its af- of the following entities, which may filiates, shall not be considered so long not comply with § 24.720(g)(1): as: (i) Institutional Investors; (A) Such person or entity, together (ii) Noncontrolling existing investors with its affiliates, holds only nonattrib- in any preexisting entity that is a mem- utable equity equaling no more than 49.9 ber of the control group; percent of the applicant’s (or licens- (iii) Individuals that are members of ee’s) total equity; the applicant’s (or licensee’s) manage- (B) Except as provided in paragraph ment; or (b)(1)(vi) of this section, such person or (iv) Qualifying investors, as specified entity is not a member of the appli- in § 24.720(g)(3). cant’s (or licensee’s) control group; and (4) Following termination of the (C) The applicant (or licensee) has a three-year period specified in para- control group that complies with the graph (b)(1)(v)(A) of this section, quali- minimum equity requirements of para- fying investors must continue to own at graph (b)(1)(vi) of this section and, if least 10 percent of the applicant’s (or the applicant (or licensee) is a corpora- licensee’s) total equity unconditionally tion, owns at least 50.1 percent of the or in the form of stock options subject applicant’s (or licensee’s) voting inter- to the restrictions in paragraph ests, and, if the applicant (or licensee) (b)(1)(v)(A)(1) of this section. The re- is a partnership, holds all of its general strictions specified in paragraphs partnership interests. (b)(1)(v)(A)(3)(i) through (v) Control group minimum 25 percent (b)(1)(v)(A)(3)(iv) of this section no equity requirement. In order to be eligi- longer apply to the remaining equity ble to exclude gross revenues and total after termination of such three-year assets of persons or entities identified period. in paragraph (b)(1)(iii) of this section, (B) At the election of an applicant (or and applicant (or licensee) must com- licensee) whose control group’s sole ply with the following requirements: member is a preexisting entity, the 25 (A) Except for an applicant (or li- percent minimum equity requirements censee) whose sole control group mem- set forth in paragraph (b)(1)(v)(A) of ber is a preexisting entity, as provided in this section shall apply, except that paragraph (b)(1)(v)(B) of this section, only 10 percent of the applicant’s (or li- at the time the applicant’s short-form censee’s) total equity must be held in application (Form 175) is filed and until qualifying investors, and that the re- at least three years following the date maining 15 percent of the applicant’s of initial license grant, the applicant’s (or licensee’s) total equity may be held (or licensee’s) control group must own by qualifying investors, or noncontrol- at least 25 percent of the applicant’s ling existing investors in such control (or licensee’s) total equity as follows: group member or individuals that are (1) At least 15 percent of the appli- members of the applicant’s (or licens- cant’s (or licensee’s) total equity must ee’s) management. These restrictions

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on the identity of the holder(s) of the ment, either unconditionally or in the remaining 15 percent of the licensee’s form of stock options; or total equity no longer apply after ter- (iv) Qualifying investors, as specified mination of the three-year period spec- in § 24.720(g)(3). ified in paragraph (b)(1)(v)(A) of this (4) Following termination of the section. three-year period specified in para- (vi) Control group minimum 50.1 percent graph (b)(1)(vi)(A) of this section, quali- equity requirement. In order to be eligi- fying investors must continue to own at ble to exclude gross revenues and total least 20 percent of the applicant’s (or assets of persons or entities identified licensee’s) total equity unconditionally in paragraph (b)(1)(iv) of this section, or in the form of stock options subject an applicant (or licensee) must comply to the restrictions in paragraph with the following requirements: (b)(1)(vi)(A)(1) of this section. The re- (A) Except for an applicant (or li- strictions specified in paragraph censes) whose sole control group mem- (b)(1)(vi)(A)(3)(i) through ber is a preexisting entity, as provided in (b)(1)(vi)(A)(3)(iv) of this section no paragraph (b)(1)(vi)(B) of this section, longer apply to the remaining equity at the time the applicant’s short-form after termination of such three-year application (Form 175) is filed and until period. at least three years following the date (B) At the election of an applicant (or of initial license grant, the applicant’s licensee) whose control group’s sole (or licensee’s) control group must own member is a preexisting entity, the 50.1 at least 50.1 percent of the applicant’s percent minimum equity requirements (or licensee’s) total equity as follows: set forth in paragraph (b)(1)(vi)(A) of this section shall apply, except that (1) At least 30 percent of the appli- only 20 percent of the applicant’s (or li- cant’s (or licensee’s) total equity must censee’s) total equity must be held by be held by qualifying investors, either qualifying investors, and that the re- unconditionally or in the form of op- maining 30.1 percent of the applicant’s tions, exercisable at the option of the (or licensee’s) total equity may be held holder, at any time and at any exercise by qualifying investors, or noncontrol- price equal to or less than the market ling existing investors in such control value at the time the applicant files its group member or individuals that are short-form application (Form 175); members of the applicant’s (or licens- (2) Such qualifying investors must hold ee’s) management. These restrictions 50.1 percent of the voting stock and all on the identity of the holder(s) of the general partnership interests within remaining 30.1 percent of the licensee’s the control group and must have de total equity no longer apply after ter- facto control of the control group and mination of the three-year period spec- of the applicant; ified in paragraph (b)(1)(vi)(A) of this (3) The remaining 20.1 percent of the section. applicant’s (or licensee’s) total equity (vii) Calculation of certain interests. may be owned by qualifying investors, Except as provided in paragraphs either unconditionally or in the form (b)(1)(v) and (b)(1)(vi) of this section, of stock options not subject to the re- ownership interests shall be calculated strictions of paragraph (b)(1)(vi)(A)(1) on a fully diluted basis; all agreements of this section, or by any of the fol- such as warrants, stock options and lowing entities which may not comply convertible debentures will generally with § 24.720(g)(1): be treated as if the rights thereunder (i) Institutional investors, either un- already have been fully exercised, ex- conditionally or in the form of stock cept that such agreements may not be options; used to appear to terminate or divest (ii) Noncontrolling existing investors ownership interests before they actu- in any preexisting entity that is a mem- ally do so, in order to comply with the ber of the control group, either uncondi- nonattributable equity requirements in tionally or in the form of stock op- paragraphs (b)(1)(iii)(A) and tions; (b)(1)(iv)(A) of this section. (iii) Individuals that are members of (viii) Aggregation of affiliate interests. the applicant’s (or licensee’s) manage- Persons or entities that hold interest

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in an applicant (or licensee) that are (a) of this section and § 1.2110(b)(1) affiliates of each other or have an iden- through (b)(2) of this chapter. tify of interests identified in (ii) For all applicants that partici- § 1.2110(c)(5)(iii) will be treated as pated in Auction Nos. 5, 10, 11, and/or though they were one person or entity 22: and their ownership interests aggre- (A) The identity of each member of gated for purposes of determining an the applicant’s control group, regardless applicant’s (or licensee’s) compliance of the size of each member’s total in- with the nonattributable equity re- terest in the applicant, and the per- quirements in paragraphs (b)(1)(iii)(A) centage and type of interest held; and (b)(1)(iv)(A) of this section. (B) The status of each control group Example 1 for paragraph (b)(1)(viii). ABC member that is an institutional investor, Corp. is owned by individuals, A, B, and C, an existing investor, and/or a member of each having an equal one-third voting inter- the applicant’s management; est in ABC Corp. A and B together, with two- (C) The identity of each affiliate of thirds of the stock have the power to control the applicant and each affiliate of indi- ABC Corp. and have an identity of interest. If A & B invest in DE Corp., a broadband PCS viduals or entities identified pursuant applicant for block C, A and B’s separate in- to paragraphs (C)(1)(ii)(A) and terests in DE Corp. must be aggregated be- (c)(1)(ii)(B) of this section; cause A and B are to be treated as one per- (D) A certification that the appli- son. cant’s sole control group member is a Example 2 for paragraph (b)(1)(viii). ABC preexisting entity, if the applicant Corp. has subsidiary BC Corp., of which it makes the election in either paragraph holds a controlling 51 percent of the stock. If (b)(1)(v)(B) or (b)(1)(vi)(B)of this sec- ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. tion; and must be aggregated because ABC Corp. and (E) For an applicant that is a publicly BC Corp. are affiliates of each other. traded corporation with widely disbursed (2) The following provisions apply to li- voting power: censes acquired pursuant to § 24.839(a)(2) (1) A certified statement that such or (a)(3) on or after October 30, 2000. In applicant complies with the require- addition to the eligibility requirements ments of the definition of publicly set forth at 24.709(a) and (b), applicants traded corporation with widely dis- and/or licensees seeking to acquire C bursed voting power set forth in and/or F block licenses pursuant to § 24.720(f); 24.839(a)(2) or (a)(3) will be subject to (2) The identity of each affiliate of the the controlling interest standard in applicant. 1.2110(c)(2) of this chapter for purposes (iii) For each applicant claiming sta- of determining unjust enrichment pay- tus as a small business consortium, the ment obligations. See § 1.2111 of this information specified in paragraph chapter. (c)(1)(ii) of this section, for each mem- (c) Short-form and long-form applica- ber of such consortium. tions: Certifications and disclosure—(1) (2) Long-form application. In addition Short-form application. In addition to to the requirements in subpart I of this certifications and disclosures required part and other applicable rules (e.g., by part 1, subpart Q of this chapter, §§ 20.6(e) and 20.9(b) of this chapter), each applicant to participate in closed each applicant submitting a long-form bidding for frequency block C or fre- application for a license(s) for frequency block F shall certify on its quency block C or F shall in an exhibit short-form application (Form 175) that to its long-form application: it is eligible to bid on and obtain such (i) Disclose separately and in the ag- license(s), and (if applicable) that it is gregate the gross revenues and total as- eligible for designated entity status sets, computed in accordance with para- pursuant to this section and § 24.720, graphs (a) and (b) of this section, for and shall append the following infor- each of the following: The applicant; mation as an exhibit to its Form 175: the applicant’s affiliates, the appli- (i) For all applicants: The applicant’s cant’s control group members; the ap- gross revenues and total assets, com- plicant’s attributable investors; and af- puted in accordance with paragraphs filiates of its attributable investors;

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(ii) List and summarize all agree- business used in this section are de- ments or other instruments (with ap- fined in § 24.720. propriate references to specific provi- [67 FR 45368, July 9, 2002, as amended at 68 sions in the text of such agreements FR 42998, July 21, 2003] and instruments) that support the applicant’s eligibility for a license(s) for § 24.710 [Reserved] frequency block C or frequency block F and its eligibility under §§ 24.711, 24.712, § 24.711 Installment payments for li- 24.714 and 24.720, including the estab- censes for frequency Block C. lishment of de facto and de jure control; Installment payments. Each eligible such agreements and instruments in- licensee of frequency Block C may pay clude articles of incorporation and by- the remaining 90 percent of the net laws, shareholder agreements, voting auction price for the license in install- or other trust agreements, partnership ment payments pursuant to § 1.2110(f) agreements, management agreements, of this chapter and under the following joint marketing agreements, franchise terms: agreements, and any other relevant (a) For an eligible licensee with gross agreements (including letters of in- revenues exceeding $75 million (cal- tent), oral or written; and culated in accordance with § 1.2110(n) of (iii) List and summarize any investor this chapter and § 24.709(b)) in each of protection agreements and identify the two preceding years (calculated in specifically any such provisions in accordance with § 1.2110(n) of this chap- those agreements identified pursuant ter), interest shall be imposed based on to paragraph (c)(2)(ii) of this section, the rate for ten-year U.S. Treasury ob- including rights of first refusal, super- ligations applicable on the date the li- majority clauses, options, veto rights, cense is granted, plus 3.5 percent; pay- and rights to hire and fire employees ments shall include both principal and and to appoint members to boards of interest amortized over the term of the directors or management committees. license. (3) Records maintenance. All appli- (b) For an eligible licensee with gross cants, including those that are winning revenues not exceeding $75 million (cal- bidders, shall maintain at their prin- culated in accordance with § 1.2110(b) of cipal place of business an updated file this chapter and § 24.709(b)) in each of of ownership, revenue and asset infor- the two preceding years, interest shall mation, including those documents ref- be imposed based on the rate for ten- erenced in paragraphs (c)(2)(ii) and year U.S. Treasury obligations applica- (c)(2)(iii) of this section and any other ble on the date the license is granted, documents necessary to establish eligi- plus 2.5 percent; payments shall in- bility under this section and any other documents necessary to establish eligi- clude interest only for the first year bility under this section or under the and payments of interest and principal definition of small business. Licensees amortized over the remaining nine (and their successors in interest) shall years of the license term. maintain such files for the term of the (c) For an eligible licensee that license. Applicants that do not obtain qualifies as a small business or as a the license(s) for which they applied consortium of small businesses, inter- shall maintain such files until the est shall be imposed based on the rate grant of such license(s) is final, or one for ten-year U.S. Treasury obligations year from the date of the filing of their applicable on the date the license is short-form application (Form 175), granted; payments shall include inter- whichever is earlier. est only for the first six years and pay- (d) Definitions. The terms control ments of interest and principal amor- group, existing investor, institutional tized over the remaining four years of investor, nonattributable equity, pre- the license term. existing entity, publicly traded cor- [67 FR 45371, July 9, 2002, as amended at 68 poration with widely dispersed voting FR 42999, July 21, 2003] power, qualifying investor, and small

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§ 24.712 Bidding credits for licenses § 24.709 at the time the request for par- won for frequency Block C. tial assignment of license is filed or to (a) Except with respect to licenses an entity that holds license(s) for fre- won in closed bidding in auctions that quency blocks C and F that met the begin after March 23, 1999, a winning eligibility criteria set forth in § 24.709 bidder that qualifies as a small busi- at the time of receipt of such li- ness, as defined in § 24.720(b)(1), or a cense(s). Partial assignment applica- consortium of small businesses may tions seeking partitioning or use a bidding credit of fifteen percent, disaggregation of broadband PCS li- as specified in § 1.2110(f)(2)(iii) of this censes in spectrum blocks C and F chapter, to lower the cost of its win- must include an attachment dem- ning bid. onstrating compliance with this sec- (b) Except with respect to licenses tion. won in closed bidding in auctions that (b) Technical standards—(1) Parti- begin after March 23, 1999, a winning tioning. In the case of partitioning, ap- bidder that qualifies as a very small plicants and licensees must file FCC business, as defined in § 24.720(b)(2), or a Form 603 pursuant to § 1.948 of this consortium of very small businesses chapter and list the partitioned service may use a bidding credit of twenty-five area on a schedule to the application. percent as specified in § 1.2110(f)(2)(ii) of The geographic coordinates must be this chapter, to lower the cost of its specified in degrees, minutes, and sec- winning bid. onds to the nearest second of latitude (c) Unjust enrichment. The unjust en- and longitude and must be based upon richment provisions of § 1.2111(d) and the 1983 North American Datum (e)(2) of this chapter shall not apply (NAD83). with respect to licenses acquired in ei- (2) Disaggregation. Spectrum may be ther the auction for frequency block C disaggregated in any amount. that began on December 18, 1995, or the (3) Combined partitioning and reauction of block C spectrum that disaggregation. The Commission will began on July 3, 1996. consider requests for partial assignment of licenses that propose combina- [67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003] tions of partitioning and disaggregation. § 24.713 [Reserved] (c) Installment payments—(1) Appor- tioning the balance on installment pay- § 24.714 Partitioned licenses and ment plans. When a winning bidder disaggregated spectrum. elects to pay for its license through an (a) Eligibility. (1) Parties seeking ap- installment payment plan pursuant to proval for partitioning and § 1.2110(g) of this chapter or § 24.716, and disaggregation shall request an author- partitions its licensed area or ization for partial assignment of a li- disaggregates spectrum to another cense pursuant to § 24.839. party, the outstanding balance owed by (2) Broadband PCS licensees in spec- the licensee on its installment pay- trum blocks A, B, D, and E and ment plan (including accrued and un- broadband PCS C and F block licenses paid interest) shall be apportioned be- not subject to the eligibility require- tween the licensee and partitionee or ments of § 24.709 may apply to partition disaggregatee. Both parties will be re- their licensed geographic service area sponsible for paying their propor- or disaggregate their licensed spectrum tionate share of the outstanding bal- at any time following the grant of ance to the U.S. Treasury. In the case their licenses. of partitioning, the balance shall be ap- (3) Broadband PCS licensees that ac- portioned based upon the ratio of the quired C or F block licenses in closed population of the partitioned area to bidding subject to the eligibility re- the population of the entire original li- quirements of § 24.709 may partition cense area calculated based upon the their licensed geographic service area most recent census data. In the case of or disaggregate their licensed spectrum disaggregation, the balance shall be ap- at any time to an entity that meets portioned based upon the ratio of the the eligibility criteria set forth in amount of spectrum disaggregated to

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the amount of spectrum allocated to (3) Parties qualified for installment pay- the licensed area. ment plans. (i) Where both parties to a (2) Parties not qualified for installment partitioning or disaggregation agree- payment plans. (i) When a winning bid- ment qualify for installment payments, der elects to pay for its license through the partitionee or disaggregatee will be an installment payment plan, and par- permitted to make installment pay- titions its license or disaggregates ments on its portion of the remaining spectrum to another party that would government obligations, as calculated not qualify for an installment payment according to § 24.714(c)(1). plan or elects not to pay its share of (ii) Each party will be required, as a the license through installment pay- condition to approval of the partial as- ments, the outstanding balance owed signment application, to execute sepa- by the licensee (including accrued and rate financing documents (promissory unpaid interest shall be apportioned note, security agreement) agreeing to according to § 24.714(c)(1)). pay their pro rata portion of the bal- (ii) The partitionee or disaggregatee ance due (including accrued and unpaid shall, as a condition of the approval of interest) based upon the installment the partial assignment application, pay payment terms for which they qualify its entire pro rata amount within 30 under the rules. The financing docu- days of Public Notice conditionally ments must be returned to the U.S. granting the partial assignment appli- Treasury within thirty (30) days of the cation. Failure to meet this condition Public Notice conditionally granting will result in a rescission of the grant the partial assignment application. of the partial assignment application. Failure by either party to meet this (iii) The licensee shall be permitted condition will result in the automatic to continue to pay its pro rata share of cancellation of the grant of the partial the outstanding balance and shall reassignment application. The interest ceive new financing documents (prom- rate, established pursuant to issory note, security agreement) with a § 1.2110(g)(3)(i) of this chapter at the revised payment obligation, based on time of the grant of the initial license the remaining amount of time on the in the market, shall continue to be ap- original installment payment schedule. plied to both parties’ portion of the These financing documents will replace balance due. Each party will receive a the licensee’s existing financing docu- license for their portion of the parti- ments, which shall be marked ‘‘super- tioned market or disaggregated spec- seded’’ and returned to the licensee trum. upon receipt of the new financing documents. The original interest rate, es- (iii) A default on an obligation will tablished pursuant to § 1.2110(g)(3)(i) of only affect that portion of the market this chapter at the time of the grant of area held by the defaulting party. the initial license in the market, shall (iv) Partitionees and disaggregatees continue to be applied to the licensee’s that qualify for installment payment portion of the remaining government plans may elect to pay some of their obligation. The Commission will re- pro rata portion of the balance due in quire, as a further condition to ap- a lump sum payment to the U.S. Treas- proval of the partial assignment appli- ury and to pay the remaining portion cation, that the licensee execute and of the balance due pursuant to an in- return to the U.S. Treasury the new fi- stallment payment plan. nancing documents within 30 days of (d) License term. The license term for the Public Notice conditionally grant- a partitioned license area and for ing the partial assignment application. disaggregated spectrum shall be the re- Failure to meet this condition will remainder of the original licensee’s li- sult in the automatic cancellation of cense term as provided for in § 24.15. the grant of the partial assignment ap- (e) Construction requirements—(1) Re- plication. quirements for partitioning. Parties seek- (iv) A default on the licensee’s paying authority to partition must meet ment obligation will only affect the li- one of the following construction re- censee’s portion of the market. quirements:

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(i) The partitionee may certify that auction price for the license in install- it will satisfy the applicable construc- ment payments pursuant to § 1.2110(g) tion requirements set forth in § 24.203 of this chapter and under the following for the partitioned license area; or terms: (ii) The original licensee may certify (a) For an eligible licensee with gross that it has or will meet its five-year revenues exceeding $75 million (cal- construction requirement and will culated in accordance with § 1.2110(b) of meet the ten-year construction re- this chapter and, when applicable, quirement, as set forth in § 24.203, for § 24.709(b)) in each of the two preceding the entire license area. In that case, years (calculated in accordance with the partitionee must only satisfy the § 1.2110(n) of this chapter), interest requirements for ‘‘substantial service,’’ shall be imposed based on the rate for as set forth in § 24.16(a), for the parti- ten-year U.S. Treasury obligations ap- tioned license area by the end of the plicable on the date the license is original ten-year license term of the li- granted, plus 3.5 percent; payments censee. shall include both principal and inter- (iii) Applications requesting partial est amortized over the term of the li- assignments of license for partitioning cense; must include a certification by each (b) For an eligible licensee with gross party as to which of the above con- revenues not exceeding $75 million (cal- struction options they select. culated in accordance with § 1.2110(b) of (iv) Partitionees must submit sup- this chapter and, when applicable, porting documents showing compliance § 24.709(b)) in each of the two preceding with the respective construction re- years (calculated in accordance with quirements within the appropriate five- § 1.2110(n) of this chapter), interest and ten-year construction benchmarks shall be imposed based on the rate for set forth in § 24.203. ten-year U.S. Treasury obligations ap- (v) Failure by any partitionee to plicable on the date the license is meet its respective construction re- granted, plus 2.5 percent; payments quirements will result in the auto- shall include interest only for the first matic cancellation of the partitioned year and payments of interest and or disaggregated license without fur- principal amortized over the remaining ther Commission action. nine years of the license term; or (2) Requirements for disaggregation. (c) For an eligible licensee that Parties seeking authority to qualifies as a small business or as a disaggregate must submit with their consortium of small businesses, inter- partial assignment application a cer- est shall be imposed based on the rate tification signed by both parties stat- for ten-year U.S. Treasury obligations ing which of the parties will be respon- applicable on the date the license is sible for meeting the five- and ten-year granted; payments shall include inter- construction requirements for the PCS est only for the first two years and market as set forth in § 24.203. Parties payments of interest and principal am- may agree to share responsibility for ortized over the remaining eight years meeting the construction require- of the license term. ments. Parties that accept responsi- [67 FR 45371, July 9, 2002, as amended at 68 bility for meeting the construction re- FR 42999, July 21, 2003] quirements and later fail to do so will be subject to license forfeiture without § 24.717 Bidding credits for licenses further Commission action. for frequency Block F. [62 FR 661, Jan. 6, 1997, as amended at 63 FR (a) Except with respect to licenses 68953, Dec. 14, 1998; 65 FR 53638, Sept. 5, 2000; won in closed bidding in auctions that 67 FR 45371, July 9, 2002; 68 FR 42999, July 21, begin after March 23, 1999, a winning 2003] bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a § 24.716 Installment payments for li- consortium of small businesses may censes for frequency Block F. use a bidding credit of fifteen percent, Installment Payments. Each eligible li- as specified in § 1.2110(f)(2)(iii) of this censee of frequency Block F may pay chapter, to lower the cost of its win- the remaining 80 percent of the net ning bid.

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(b) Except with respect to licenses than twenty-five percent of the total won in closed bidding in auctions that voting equity, including the right to begin after March 23, 1999, a winning vote such stock through a voting trust bidder that qualifies as a very small or other arrangement; business, as defined in § 24.720(b)(2), or a (ii) For partnerships, joint ventures consortium of very small businesses and other non-corporate entities, lim- may use a bidding credit of twenty-five ited partnership interests and similar percent as specified in § 1.2110(f)(2)(ii) of interests that do not afford the power this chapter, to lower the cost of its to exercise control of the entity. winning bid. (2) For purposes of assessing compli- [68 FR 42999, July 21, 2003] ance with the equity limits in § 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where § 24.720 Definitions. such interests are not held directly in (a) Scope. The definitions in this sec- the applicant, the total equity held by tion apply to §§ 24.709 through 24.717, a person or entity shall be determined unless otherwise specified in those sec- by successive multiplication of the tions. ownership percentages for each link in (b) Small and very small business. (1) A the vertical ownership chain. is an entity that, to- small business (e) Control Group. A control group is gether with its affiliates and persons or an entity, or a group of individuals or entities that hold interest in such enti- entities, that possesses de jure control ty and their affiliates, has average annual gross revenues that are not more and de facto control of an applicant or than $40 million for the preceding three licensee, and as to which the appli- years. cant’s or licensee’s charters, bylaws, (2) A very small business is an entity agreements and any other relevant that, together with its affiliates and documents (and amendments thereto) persons or entities that hold interests provide: in such entity and their affiliates, has (1) That the entity and/or its mem- average annual gross revenues that are bers own unconditionally at least 50.1 not more than $15 million for the pre- percent of the total voting interests of ceding three years. a corporation; (c) Institutional Investor. An institu- (2) That the entity and/or its mem- tional investor is an insurance company, bers receive at least 50.1 percent of the a bank holding stock in trust accounts annual distribution or any dividends through its trust department, or an in- paid on the voting stock of a corpora- vestment company as defined in 15 tion; U.S.C. 80a–3(a), including within such (3) That, in the event of dissolution definition any entity that would other- or liquidation of a corporation, the en- wise meet the definition of investment tity and/or its members are entitled to company under 15 U.S.C. 80a–3(a) but is receive 100 percent of the value of each excluded by the exemptions set forth in share of stock in its possession and a 15 U.S.C. 80a–3(b) and (c), without re- percentage of the retained earnings of gard to whether such entity is an the concern that is equivalent to the issuer of securities; provided that, if amount of equity held in the corpora- such investment company is owned, in whole or in part, by other entities, tion; and such investment company, such other (4) That, for other types of busi- entities and the affiliates of such other nesses, the entity and/or its members entities, taken as a whole, must be pri- have the right to receive dividends, marily engaged in the business of in- profits and regular and liquidating dis- vesting, reinvesting or trading in secu- tributions from the business in propor- rities or in distributing or providing in- tion to the amount of equity held in vestment management services for se- the business. curities. NOTE TO PARAGRAPH (e): Voting control (d) Nonattributable Equity—(1) Non- does not always assure de facto control, such attributable equity shall mean: as for example, when the voting stock of the (i) For corporations, voting stock or control group is widely dispersed (see e.g., non-voting stock that includes no more § 1.2110(c)(5)(ii)(C) of this chapter).

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(f) Publicly Traded Corporation with (3) For purposes of Widely Dispersed Voting Power. A pub- § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), licly traded corporation with widely a qualifying investor is a person who is dispersed voting power is a business en- (or holds an interest in) a member of tity organized under the laws of the the applicant’s (or licensee’s) control United States: group and whose gross revenues and (1) Whose shares, debt, or other own- total assets do not exceed the gross ership interests are traded on an orga- revenues and total assets limits speci- nized securities exchange within the fied in § 24.709(a). United States; (h) Preexisting entity; Existing investor. (2) In which no person: A preexisting entity is an entity that (i) Owns more than 15 percent of the was operating and earning revenues for equity; or (ii) Possesses, directly or indirectly, at least two years prior to December through the ownership of voting securi- 31, 1994. An existing investor is a person ties, by contract or otherwise, the or entity that was an owner of record power to control the election of more of a preexisting entity’s equity as of than 15 percent of the members of the November 10, 1994, and any person or board of directors or other governing entity acquiring de minimis equity hold- body of such publicly traded corpora- ings in a preexisting entity after that tion; and date. (3) Over which no person other than NOTE TO PARAGRAPH (h): In applying the the management and members of the term existing investor to de minimis interests board of directors or other governing in preexisting entities obtained or increased body of such publicly traded corpora- after November 10, 1994, the Commission will tion, in their capacities as such, has de scrutinize any significant restructuring of facto control. the preexisting entity that occurs after that (4) The term person shall be defined date and will presume that any change of eq- as in section 13(d) of the Securities and uity that is five percent or less of the pre- Exchange Act of 1934, as amended (15 existing entity’s total equity is de minimis. The U.S.C. 78(m)), and shall also include in- burden is on the applicant (or licensee) to vestors that are commonly controlled demonstrate that changes that exceed five under the indicia of control set forth in percent are not significant. the definition of affiliate in [67 FR 45372, July 9, 2002, as amended at 68 § 1.2110(c)(5) of the Commission’s rules. FR 42999, July 21, 2003; 68 FR 57829, Oct. 7, (g) Qualifying investor. (1) A quali- 2003] fying investor is a person who is (or holds an interest in) a member of the Subpart I—Interim Application, Li- applicant’s (or licensee’s) control group censing, and Processing Rules and whose gross revenues and total assets, when aggregated with those of all for Broadband PCS other attributable investors and affiliates, do not exceed the gross revenues SOURCE: 59 FR 37610, July 22, 1994, unless and total assets limits specified in otherwise noted. § 24.709(a), or, in the case of an applicant (or licensee) that is a small busi- §§ 24.801–24.803 [Reserved] ness, do not exceed the gross revenues limit specified in paragraph (b) of this § 24.804 Eligibility. section. (a) General. Authorizations will be (2) For purposes of assessing compli- granted upon proper application if: ance with the minimum equity require- (1) The applicant is qualified under ments of § 24.709(b)(1)(v) and (b)(1)(vi), all applicable laws and Commission where such equity interests are not regulations, policies and decisions; held directly in the applicant, interests (2) There are frequencies available to held by qualifying investors shall be provide satisfactory service; and determined by successive multiplica- (3) The public interest, convenience tion of the ownership percentages for or necessity would be served by a each link in the vertical ownership grant. chain.

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(b) Alien ownership. A broadband (j) The location of the transmitting PCS authorization to provide Commer- antenna shall be considered to be the cial Mobile Radio Service may not be station location. Broadband PCS li- granted to or held by: censees must maintain a current list of (1) Any alien or the representative of all station locations, which must de- any alien. scribe the transmitting antenna site by (2) Any corporation organized under its geographical coordinates and also the laws of any foreign government. by conventional reference to street (3) Any corporation of which more number, landmark, or the equivalent. than one-fifth of the capital stock is All such coordinates shall be specified owned of record or voted by aliens or in terms of degrees, minutes, and sec- their representatives or by a foreign onds to the nearest second of latitude government or representative thereof and longitude. or any corporation organized under the laws of another country. §§ 24.816–24.829 [Reserved] (4) Any corporation directly or indirectly controlled by any other corpora- § 24.830 Opposition to applications. tion of which more than one-fourth of (a) Petitions to deny (including peti- the capital stock is owned of record or tions for other forms of relief) and re- voted by aliens, their representatives, sponsive pleadings for Commission con- or by a foreign government or rep- sideration must comply with § 1.2108 of resentative thereof, or by any corpora- this chapter and must: tion organized under the laws of a for- (1) Identify the application or appli- eign country, if the Commission finds cations (including applicant’s name, that the public interest will be served station location, Commission file num- by the refusal or revocation of such a bers and radio service involved) with license. which it is concerned; (c) A broadband PCS authorization to (2) Be filed in accordance with the provide Private Mobile Radio Service pleading limitations, filing periods, may not be granted to or held by a for- and other applicable provisions of eign government or a representative §§ 1.41 through 1.52 of this chapter ex- thereof. cept where otherwise provided in § 1.2108 of this chapter; [59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996] (3) Contain specific allegations of fact which, except for facts of which of- §§ 24.805–24.814 [Reserved] ficial notice may be taken, shall be supported by affidavit of a person or § 24.815 Technical content of applica- persons with personal knowledge there- tions; maintenance of list of station of, and which shall be sufficient to locations. demonstrate that the petitioner (or re- (a) All applications required by this spondent) is a party in interest and part shall contain all technical infor- that a grant of, or other Commission mation required by the application action regarding, the application would forms or associated Public Notice(s). be prima facie inconsistent with the Applications other than initial applica- public interest; tions for a broadband PCS license must (4) Be filed within thirty (30) days also comply with all technical require- after the date of public notice announc- ments of the rules governing the ing the acceptance for filing of any broadband PC (see subparts C and E of such application or major amendment this part as appropriate). The following thereto (unless the Commission other- paragraphs describe a number of gen- wise extends the filing deadline); and eral technical requirements. (5) Contain a certificate of service (b) Each application (except applica- showing that it has been mailed to the tions for initial licenses filed on Form applicant no later than the date of fil- 175) for a license for broadband PCS ing thereof with the Commission. must comply with the provisions of (b) A petition to deny a major §§ 24.229–24.238 of the Commission’s amendment to a previously-filed appli- Rules. cation may only raise matters directly (c)–(i) [Reserved] related to the amendment which could

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not have been raised in connection tification within 90 days, the Commis- with the underlying previously-filed sion will immediately cancel all application. This subsection does not broadband PCS licenses won by the ap- apply, however, to petitioners who gain plicant, impose the default penalty standing because of the major amend- and, based on the facts presented, take ment. any other action it may deem appropriate. Divestiture may be to an in- § 24.831 Mutually exclusive applica- terim trustee if a buyer has not been tions. secured in the required time frame, as (a) The Commission will consider ap- long as the applicant has no interest in plications for broadband PCS licenses or control of the trustee, and the trust- to be mutually exclusive if they relate ee may dispose of the property as it to the same geographical boundaries sees fit. In no event may the trustee re- (MTA or BTA) and are timely filed for tain the property for longer than six the same frequency block. months from grant of license. (b) Mutually exclusive applications [59 FR 53371, Oct. 24, 1994] filed on Form 175 for the initial provision of broadband PCS are subject to §§ 24.834–24.838 [Reserved] competitive bidding in accordance with the procedures in subpart H of this part § 24.839 Transfer of control or assign- and in part 1, subpart Q of this chapter. ment of license. (c) An application will be entitled to (a) Restrictions on Assignments and comparative consideration with one or Transfers of Licenses for Frequency more conflicting applications only if Blocks C and F won in closed bidding. the Commission determines that such No assignment or transfer of control of comparative consideration will serve a license for frequency Block C or fre- the public interest. quency Block F won in closed bidding (d)–(j) [Reserved] pursuant to the eligibility requirements of § 24.709 will be granted unless: § 24.832 [Reserved] (1) The application for assignment or transfer of control is filed after five § 24.833 Post-auction divestitures. years from the date of the initial li- Any parties sharing a common non- cense grant; or controlling ownership interest who ag- (2) The proposed assignee or trans- gregate more PCS spectrum among feree meets the eligibility criteria set them than a single entity is entitled to forth in § 24.709 of this part at the time hold (See §§ 20.6(e), 24.710, 24.204, the application for assignment or 24.229(c) of this chapter) will be per- transfer of control is filed, or the pro- mitted to divest sufficient properties posed assignee or transferee holds within 90 days of the license grant to other license(s) for frequency blocks C come into compliance with the spec- and F and, at the time of receipt of trum aggregation limits as follows: such license(s), met the eligibility cri- (a) The broadband PCS applicant teria set forth in § 24.709 of this part; or shall submit a signed statement with (3) The application is for partial as- its long-form application stating that signment of a partitioned service area sufficient properties will be divested to a rural telephone company pursuant within 90 days of the license grant. If to § 24.714 of this part and the proposed the licensee is otherwise qualified, the assignee meets the eligibility criteria Commission will grant the applications set forth in § 24.709 of this part; or subject to a condition that the licensee (4) The application is for an involun- come into compliance with the PCS tary assignment or transfer of control spectrum aggregation limits within 90 to a bankruptcy trustee appointed days of grant. under involuntary bankruptcy, an (b) Within 90 days of license grant, independent receiver appointed by a the licensee must certify that the ap- court of competent jurisdiction in a plicant and all parties to the applica- foreclosure action, or, in the event of tion have come into compliance with death or disability, to a person or enti- the PCS spectrum aggregation limits. ty legally qualified to succeed the de- If the licensee fails to submit the cer- ceased or disabled person under the

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laws of the place having jurisdiction 25.129 Equipment authorization for portable over the estate involved; provided that, earth-station transceivers. the applicant requests a waiver pursu- EARTH STATIONS ant to this paragraph; or (5) The assignment or transfer of con- 25.130 Filing requirements for transmitting trol is pro forma; or earth stations. 25.131 Filing requirements and registration (6) The application for assignment or for receive-only earth stations. transfer of control is filed on or after 25.132 Verification of earth station antenna the date the licensee has notified the performance. Commission pursuant to § 24.203(c) that 25.133 Period of construction; certification its five-year construction requirement of commencement of operation. has been satisfied. 25.134 [Reserved] (b) If the assignment or transfer of 25.135 Licensing provisions for earth station control of a license is approved, the as- networks in the non-voice, non-geo- signee or transferee is subject to the stationary Mobile-Satellite Service. 25.136 [Reserved] original construction requirement of 25.137 Requests for U.S. market access § 24.203 of this part. through non-U.S.-licensed space stations. [63 FR 68953, Dec. 14, 1998, as amended at 65 25.138 Licensing requirements for GSO FSS FR 53638, Sept. 5, 2000] earth stations in the conventional Ka- band. §§ 24.840–24.844 [Reserved] 25.139 NGSO FSS coordination and information sharing between MVDDS licensees in the 12.2 GHz to 12.7 GHz band. PART 25—SATELLITE SPACE STATIONS COMMUNICATIONS 25.140 Further requirements for license applications for GSO space station operation in the FSS and the 17/24 GHz BSS. Subpart A—General 25.142 Licensing provisions for the non- Sec. voice, non-geostationary Mobile-Sat- 25.101 Basis and scope. ellite Service. 25.102 Station authorization required. 25.143 Licensing provisions for the 1.6/2.4 25.103 Definitions. GHz Mobile-Satellite Service and 2 GHz 25.104 Preemption of local zoning of earth Mobile-Satellite Service. stations. 25.144 Licensing provisions for the 2.3 GHz 25.105 Citizenship. satellite digital audio radio service. 25.106–25.107 [Reserved] 25.145 Licensing provisions for the FSS in 25.108 Incorporation by reference. the 18.3–20.2 GHz and 28.35–30.0 GHz 25.109 Cross-reference. bands. 25.146 Licensing and operating rules for the Subpart B—Applications and Licenses NGSO FSS in the 10.7–14.5 GHz bands. 25.147 [Reserved] GENERAL APPLICATION FILING REQUIREMENTS 25.148 Licensing provisions for the Direct 25.110 Filing of applications, fees, and num- Broadcast Satellite Service. ber of copies. 25.149 Application requirements for ancil- 25.111 Additional information, ITU filings, lary terrestrial components in Mobile- and ITU cost recovery. Satellite Service networks operating in 25.112 Dismissal and return of applications. the 1.5./1.6 GHz and 1.6/2.4 GHz Mobile- 25.113 Station construction, deployment ap- Satellite Service. proval, and operation of spare satellites. PROCESSING OF APPLICATIONS 25.114 Applications for space station authorizations. 25.150 Receipt of applications. 25.115 Applications for earth station author- 25.151 Public notice. izations. 25.152 [Reserved] 25.116 Amendments to applications. 25.153 Repetitious applications. 25.117 Modification of station license. 25.154 Opposition to applications and other 25.118 Modifications not requiring prior au- pleadings. thorization. 25.155 Mutually exclusive applications. 25.119 Assignment or transfer of control of 25.156 Consideration of applications. station authorization. 25.157 Consideration of applications for 25.120 Application for special temporary au- NGSO-like satellite operation. thorization. 25.158 Consideration of applications for 25.121 License term and renewals. GSO-like satellite operation.

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25.159 Limits on pending applications and 25.222 Blanket licensing provisions for ESVs unbuilt satellite systems. operating with GSO FSS space stations in the 10.95–11.2 GHz, 11.45–11.7 GHz, 11.7– FORFEITURE, TERMINATION, AND 12.2 GHz, and 14.0–14.5 GHz bands. REINSTATEMENT OF STATION AUTHORIZATION 25.223 Alternative licensing rules for feeder- 25.160 Administrative sanctions. link earth stations in the 17/24 GHz BSS. 25.161 Automatic termination of station au- 25.224 Protection of receive-only earth sta- thorization. tions in the 17/24 GHz BSS. 25.162 Cause for termination of interference 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite Service. protection. 25.226 Blanket licensing provisions for do- 25.163 Reinstatement. mestic, U.S. VMESs operating with GSO 25.164 Milestones. FSS space stations in the 10.95–11.2 GHz, 25.165 Surety bonds. 11.45–11.7 GHz, 11.7–12.2 GHz, and 14.0–14.5 REPORTING REQUIREMENTS FOR SPACE GHz bands. STATION OPERATORS 25.227 Blanket licensing provisions for ESAAs operating with GSO FSS space 25.170 Annual reporting requirements. stations in the 10.95–11.2 GHz, 11.45–11.7 25.171 Contact information reporting re- GHz, 11.7–12.2 GHz, and 14.0–14.5 GHz quirements. bands. 25.172 Requirements for reporting space sta- 25.228–25.249 [Reserved] tion control arrangements. 25.250 Sharing between NGSO MSS Feeder 25.173 Results of in-orbit testing. links Earth Stations in the 19.3–19.7 GHz and 29.1–29.5 GHz Bands. Subpart C—Technical Standards 25.251 Special requirements for coordination. 25.201 [Reserved] 25.252 [Reserved] 25.202 Frequencies, frequency tolerance, and 25.253 Special requirements for ancillary emission limits. terrestrial components operating in the 25.203 Choice of sites and frequencies. 1626.5–1660.5 MHz/1525–1559 MHz bands. 25.204 Power limits for earth stations. 25.254 Special requirements for ancillary 25.205 Minimum antenna elevation angle. terrestrial components operating in the 25.206 Station identification. 1610–1626.5 MHz/2483.5–2500 MHz bands. 25.207 Cessation of emissions. 25.255 Procedures for resolving harmful in- 25.208 Power flux density limits. terference related to operation of ancil- 25.209 Earth station antenna performance lary terrestrial components operating in standards. the 1.5/1.6 GHz and 1.6/2.4 GHz bands. 25.210 Technical requirements for space sta- 25.256 Special Requirements for operations tions in the Fixed-Satellite Service. in the 3.65–3.7 GHz band. 25.211 Analog video transmissions in the 25.257 Special requirements for NGSO MSS FSS. operations in the 29.1–29.25 GHz band re- 25.212 Narrowband analog transmissions garding LMDS. and digital transmissions in the GSO 25.258 Sharing between NGSO MSS feeder- FSS. link stations and GSO FSS services in 25.213 Inter-Service coordination require- the 29.25–29.5 GHz band. ments for the 1.6/2.4 GHz Mobile-Satellite 25.259 Time sharing between NOAA mete- Service. orological satellite systems and non- 25.214 Technical requirements for space sta- voice, non-geostationary satellite sys- tions in the Satellite Digital Audio tems in the 137–138 MHz band. Radio Service and associated terrestrial 25.260 Time sharing between DoD meteoro- repeaters. logical satellite systems and non-voice, 25.215 [Reserved] non-geostationary satellite systems in 25.216 Limits on emissions from mobile the 400.15–401 MHz band. earth stations for protection of aero- 25.261 Procedures for avoidance of in-line nautical radionavigation-satellite serv- interference events for Non Geo- ice. stationary Satellite Orbit (NGSO) Sat- 25.217 Default service rules. ellite Network Operations in the Fixed- 25.218 Off-axis EIRP density envelopes for Satellite Service (FSS) Bands. FSS earth stations transmitting in cer- 25.262 Licensing and domestic coordination tain frequency bands. requirements for 17/24 GHz BSS space 25.219 [Reserved] stations. 25.220 Non-routine transmit/receive earth 25.263 Information sharing requirements for station operations. SDARS terrestrial repeater operators. 25.221 Blanket licensing provisions for ESVs 25.264 Requirements to facilitate reverse- operating with GSO FSS space stations band operation in the 17.3–17.8 GHz band in the 3700–4200 MHz and 5925–6425 MHz of 17/24 GHz BSS and DBS Service space bands. stations.

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25.265 Acceptance of interference in 2000– AUTHORITY: Interprets or applies 47 U.S.C. 2020 MHz. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. Subpart D—Technical Operations 25.271 Control of transmitting stations. Subpart A—General 25.272 General inter-system coordination procedures. § 25.101 Basis and scope. 25.273 Duties regarding space communica- (a) The rules and regulations in this tions transmissions. part are issued pursuant to the author- 25.274 Procedures to be followed in the ity contained in section 201(c)(11) of the event of harmful interference. Communications Satellite Act of 1962, 25.275 Particulars of operation. as amended, section 501(c)(6) of the 25.276 Points of communication. 25.277 Temporary fixed earth station oper- International Maritime Satellite Tele- ations. communications Act, and titles I 25.278 Additional coordination obligation through III of the Communications Act for non-geostationary and geostationary of 1934, as amended. satellite systems in frequencies allocated (b) The rules and regulations in this to the fixed-satellite service. part supplement, and are in addition to 25.279 Inter-satellite service. the rules and regulations contained in 25.280 Inclined orbit operations. or to be added to, other parts of this 25.281 Transmitter identification require- chapter currently in force, or which ments for video uplink transmissions. 25.282 Orbit raising maneuvers. may subsequently be promulgated, and 25.283 End-of-life disposal. which are applicable to matters relat- 25.284 Emergency Call Center Service. ing to communications by satellites. 25.285 Operation of MSS and ATC transmit- [28 FR 13037, Dec. 5, 1963, as amended at 56 ters or transceivers on board civil air- FR 24015, May 28, 1991] craft. 25.286 Antenna painting and lighting. § 25.102 Station authorization re- 25.287 Requirements pertaining to operation quired. of mobile stations in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Sat- (a) No person shall use or operate ap- ellite Service bands. paratus for the transmission of energy 25.288 Obligation to remedy interference or communications or signals by space caused by NGSO MSS feeder downlinks or earth stations except under, and in in the 6700–6875 MHz band. accordance with, an appropriate authorization granted by the Federal Subpart E [Reserved] Communications Commission. Subpart F—Competitive Bidding (b) Protection from impermissible Procedures for DARS levels of interference to the reception of signals by earth stations in the 25.401 Satellite DARS applications subject Fixed-Satellite Service from terrestrial to competitive bidding. stations in a co-equally shared band is 25.402 [Reserved] provided through the authorizations 25.403 Bidding application and certification granted under this part. procedures. 25.404 Submission of down payment and fil- [56 FR 24016, May 28, 1991] ing of long-form applications. 25.405–25.406 [Reserved] § 25.103 Definitions. Terms with definitions including the Subparts G–H [Reserved] ‘‘(RR)’’ designation are defined in the Subpart I—Equal Employment same way in § 2.1 of this chapter and in Opportunities the Radio Regulations of the Inter- national Telecommunication Union. 25.601 Equal employment opportunities. 1.5/1.6 GHz Mobile-Satellite Service. Mo- bile-Satellite Service provided in any Subpart J—Public Interest Obligations portion of the 1525–1559 MHz space-to- 25.701 Other DBS Public interest obliga- Earth band and the 1626.5–1660.5 MHz tions. Earth-to-space band, which are referred 25.702 Other SDARS Public interest obliga- to in this rule part as the ‘‘1.5/1.6 GHz tions. MSS bands.’’

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1.6/2.4 GHz Mobile-Satellite Service. A Conventional Ka-band. The 18.3–18.8 Mobile-Satellite Service that operates GHz (space-to-Earth), 19.7–20.2 GHz in the 1610–1626.5 MHz and 2483.5–2500 (space-to-Earth), 28.35–28.6 GHz (Earth- MHz bands, or in any portion thereof. to-space), and 29.25–30.0 GHz (Earth-to- 2 GHz Mobile-Satellite Service. A Mo- space) frequency bands, which the bile-Satellite Service that operates in Commission has designated as primary the 2000–2020 MHz and 2180–2200 MHz for GSO FSS operation. bands, or in any portion thereof. Conventional Ku-band. The 11.7–12.2 17/24 GHz Broadcasting-Satellite Service GHz (space-to-Earth) and 14.0–14.5 GHz (17/24 GHz BSS). A radiocommunication (Earth-to-space) FSS frequency bands. service involving transmission from Coordination distance. When deter- one or more feeder-link earth stations mining the need for coordination, the to other earth stations via geo- distance on a given azimuth from an stationary satellites, in the 17.3–17.7 earth station sharing the same fre- GHz (space-to-Earth) (domestic alloca- quency band with terrestrial stations, tion), 17.3–17.8 GHz (space-to-Earth) or from a transmitting earth station (international allocation) and 24.75– sharing the same bidirectionally allo- 25.25 GHz (Earth-to-space) bands. For cated frequency band with receiving purposes of the application processing earth stations, beyond which the level provisions of this part, the 17/24 GHz of permissible interference will not be BSS is a GSO-like service. Unless spe- exceeded and coordination is therefore cifically stated otherwise, 17/24 GHz not required. (RR) BSS systems are subject to the rules in Direct Broadcast Satellite (DBS) Serv- this part applicable to FSS. ice. A radiocommunication service in which signals transmitted or retrans- Ancillary Terrestrial Component (ATC). mitted by Broadcasting-Satellite Serv- A terrestrial communications network ice space stations in the 12.2–12.7 GHz used in conjunction with a qualifying band are intended for direct reception satellite network system authorized by subscribers or the general public. pursuant to these rules and the condi- For the purposes of this definition, the tions established in the Orders issued term direct reception includes indi- in IB Docket No. 01–185, Flexibility for vidual reception and community recep- Delivery of Communications by Mobile- tion. Satellite Service Providers in the 2 GHz Earth station. A station located either Band, the L-Band, and the 1.6/2.4 GHz on the Earth’s surface or within the Band. major portion of the Earth’s atmos- Ancillary Terrestrial Component (ATC) phere intended for communication: base station. A terrestrial fixed facility (1) With one or more space stations; used to transmit communications to or or receive communications from one or (2) With one or more stations of the more ancillary terrestrial component same kind by means of one or more re- mobile terminals. flecting satellites or other objects in Ancillary Terrestrial Component (ATC) space. (RR) mobile terminal. A terrestrial mobile fa- Earth Station on Vessel (ESV). An cility used to transmit communica- earth station onboard a craft designed tions to or receive communications for traveling on water, receiving from from an ancillary terrestrial compo- and transmitting to geostationary- nent base station or a space station. orbit Fixed-Satellite Service space sta- Blanket license. A license for multiple tions. fixed or mobile earth stations or Earth Stations Aboard Aircraft (ESAA). SDARS terrestrial repeaters that may Earth stations operating aboard air- be operated anywhere within a geo- craft that receive from and transmit to graphic area specified in the license, or geostationary-orbit Fixed-Satellite for multiple non-geostationary-orbit Service space stations pursuant to the space stations. requirements in § 25.227. Conventional C-band. The 3700–4200 Emergency Call Center. A facility that MHz (space-to-Earth) and 5925–6425 subscribers of satellite commercial mo- MHz (Earth-to-space) FSS frequency bile radio services call when in need of bands. emergency assistance by dialing ‘‘911’’

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on their mobile earth station termi- will have an equivalent diameter of [4(l nals. × w)/π]1/2. Equivalent diameter. When circular ap- Equivalent Power Flux Density (EPFD). erture reflector antennas are em- The sum of the power flux densities ployed, the size of the antenna is gen- produced at a geostationary-orbit re- erally expressed as the diameter of the ceive earth or space station on the antenna’s main reflector. When non-re- Earth’s surface or in the geostationary flector or non-circular-aperture anten- orbit, as appropriate, by all the trans- nas are employed, the equivalent di- mit stations within a non-geo- ameter is the diameter of a hypo- stationary-orbit Fixed-Satellite Serv- thetical circular-aperture antenna with ice system, taking into account the off- the same aperture area as the actual axis discrimination of a reference re- antenna. For example, an elliptical ap- ceiving antenna assumed to be pointing erture antenna with major axis a and in its nominal direction. The equiva- minor axis b will have an equivalent di- lent power flux density, in dB(W/m2) in ameter of [a × b]1/2. A rectangular aper- the reference bandwidth, is calculated ture antenna with length l and width w using the following formula:

Where: Extended C-band. The 3600–3700 MHz

Na is the number of transmit stations in the (space-to-Earth), 5850–5925 MHz (Earth- non-geostationary orbit system that are to-space), and 6425–6725 MHz (Earth-to- visible from the GSO receive station con- space) FSS frequency bands. sidered on the Earth’s surface or in the Extended Ku-band. The 10.95–11.2 GHz geostationary orbit, as appropriate; (space-to-Earth), 11.45–11.7 GHz (space- i is the index of the transmit station considered in the non-geostationary orbit sys- to-Earth), and 13.75–14.0 GHz bands tem; (Earth-to-space) FSS frequency bands. Pi is the RF power at the input of the an- Feeder link. A radio link from a fixed tenna of the transmit station, considered earth station at a given location to a in the non-geostationary orbit system in space station, or vice versa, conveying dBW in the reference bandwidth; information for a space qi is the off-axis angle between the boresight radiocommunication service other of the transmit station considered in the non-geostationary orbit system and the than the Fixed-Satellite Service. The direction of the GSO receive station; given location may be at a specified Gt(qi) is the transmit antenna gain (as a fixed point or at any fixed point within ratio) of the station considered in the specified areas. (RR) non-geostationary orbit system in the di- Fixed earth station. An earth station rection of the GSO receive station; intended to be used at a fixed position. di is the distance in meters between the The position may be a specified fixed transmit station considered in the non- point or any fixed point within a speci- geostationary orbit system and the GSO receive station; fied area. Fixed-Satellite Service (FSS). A ji is the off-axis angle between the boresight of the antenna of the GSO receive station radiocommunication service between and the direction of the ith transmit sta- earth stations at given positions, when tion considered in the non-geostationary one or more satellites are used; the orbit system; given position may be a specified fixed Gr(qi) is the receive antenna gain (as a ratio) point or any fixed point within speci- of the GSO receive station in the direc- fied areas; in some cases this service tion of the ith transmit station considered in the non-geostationary orbit sys- includes satellite-to-satellite links, tem; which may also be operated in the Gr,max is the maximum gain (as a ratio) of the inter-satellite service; the Fixed-Sat- antenna of the GSO receive station. ellite Service may also include feeder

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links of other space and is not for the exclusive use of any radiocommunication services. (RR) customer. Geostationary-orbit (GSO) satellite. A Non-Voice, Non-Geostationary (NVNG) geosynchronous satellite whose cir- Mobile-Satellite Service. A Mobile-Sat- cular and direct orbit lies in the plane ellite Service reserved for use by non- of the Earth’s equator and which thus geostationary satellites in the provi- remains fixed relative to the Earth; by sion of non-voice communications extension, a geosynchronous satellite which may include satellite links be- which remains approximately fixed rel- tween land earth stations at fixed loca- ative to the Earth. tions. Inter-Satellite Service. A Permitted Space Station List. A list of radiocommunication service providing all U.S.-licensed geostationary-orbit links between artificial earth sat- space stations providing Fixed-Sat- ellites. ellite Service in the conventional C Ku band. In this rule part, the terms band, the conventional Ku band, or the ‘‘Ku band’’ and ‘‘conventional Ku 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 band’’ refer to the 11.7–12.2 GHz (space- GHz, and 29.25–30.0 GHz bands, as well to-Earth) and 14.0–14.5 GHz (Earth-to- as non-U.S.-licensed geostationary- space) bands. These paired bands are orbit space stations approved for U.S. allocated to the Fixed-Satellite Service market access to provide Fixed-Sat- and are also referred to as the 12/14 GHz ellite Service in the conventional C bands. band, conventional Ku band, or 18.3–18.8 Land earth station. An earth station GHz, 19.7–20.2 GHz, 28.35–28.6 GHz, and in the Fixed-Satellite Service or, in 29.25–30.0 GHz bands. some cases, in the Mobile-Satellite Plane perpendicular to the GSO arc. Service, located at a specified fixed The plane that is perpendicular to the point or within a specified area on land ‘‘plane tangent to the GSO arc,’’ as de- to provide a feeder link for the Mobile- fined below, and includes a line be- Satellite Service. (RR) tween the earth station in question and Land Mobile Earth Station. A mobile earth station in the land mobile-sat- the GSO space station that it is com- ellite service capable of surface move- municating with. ment within the geographical limits of Plane tangent to the GSO arc. The a country or continent. (RR) plane defined by the location of an Mobile Earth Station. An earth station earth station’s transmitting antenna in the Mobile-Satellite Service in- and a line in the equatorial plane that tended to be used while in motion or is tangent to the GSO arc at the loca- during halts at unspecified points. (RR) tion of the GSO space station that the Mobile-Satellite Service (MSS). (1) A earth station is communicating with. radiocommunication service: Power flux density (PFD). The amount (i) Between mobile earth stations and of power flow through a unit area with- one or more space stations, or between in a unit bandwidth. The units of power space stations used by this service; or flux density are those of power spectral (ii) Between mobile earth stations, density per unit area, namely watts per by means of one or more space sta- hertz per square meter. These units are tions. generally expressed in decibel form as (2) This service may also include dB(W/Hz/m2), dB(W/m2) in a 4 kHz band, feeder links necessary for its operation. or dB(W/m2) in a 1 MHz band. (RR) Power Spectral Density (PSD). The NGSO. Non-geostationary orbit. amount of an emission’s transmitted NGSO FSS gateway earth station. An carrier power applied at the antenna earth station or complex of multiple input falling within the stated band- earth station antennas that supports width. The units of power spectral den- the routing and switching functions of sity are watts per hertz and are gen- an NGSO FSS system and that does not erally expressed in decibel form as originate or terminate communication dB(W/Hz) when measured in a 1 Hz traffic. An NGSO FSS gateway earth bandwidth, dB(W/4kHz) when measured station may also be used for telemetry, in a 4 kHz bandwidth, or dB(W/MHz) tracking, and command transmissions when measured in a 1 MHz bandwidth.

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Protection areas. The geographic re- antenna beam and the plane tangent to gions where U.S. Department of De- the GSO arc. fense meteorological satellite systems Space radiocommunication. Any or National Oceanic and Atmospheric radiocommunication involving the use Administration meteorological sat- of one or more space stations or the ellite systems, or both such systems, use of one or more reflecting satellites receive signals from low earth orbiting or other objects in space. satellites. Also, areas around NGSO Space station. A station located on an MSS feeder-link earth stations in the object which is beyond, is intended to 1.6/2.4 GHz Mobile-Satellite Service de- go beyond, or has been beyond, the termined in the manner specified in major portion of the Earth’s atmos- § 25.203(j). phere. (RR) Radiodetermination-Satellite Service. A Space system. Any group of cooper- radiocommunication service for the ating earth stations and/or space sta- purpose of radiodetermination involv- tions employing space ing the use of one of more space sta- radiocommunication for specific pur- tions. This service may also include poses. (RR) feeder links necessary for its own oper- Spacecraft. A man-made vehicle ation. (RR) which is intended to go beyond the major portion of the Earth’s atmos- Routine processing or licensing. Expe- phere. (RR) dited processing of unopposed applica- Terrestrial radiocommunication. Any tions for earth stations in the FSS radiocommunication other than space communicating with GSO space sta- radiocommunication or radio astron- tions that satisfy the criteria in omy. (RR) § 25.138(a), § 25.211(d), § 25.212(c), Terrestrial station. A station effecting § 25.212(d), § 25.212(e), § 25.212(f), § 25.218, terrestrial radiocommunication. or § 25.223(b), include all required infor- Two-degree-compliant space station. A mation, are consistent with all Com- GSO FSS space station operating in mission rules, and do not raise any pol- the conventional or extended C-bands, icy issues. Some, but not all, routine the conventional or extended Ku-bands, earth station applications are eligible or the conventional Ka-band within the for an autogrant procedure under limits on downlink EIRP density or § 25.115(a)(3). PFD specified in § 25.140(a)(3) and com- Satellite Digital Audio Radio Service municating only with earth stations (SDARS). A radiocommunication serv- operating in conformance with routine ice in which audio programming is uplink parameters specified in digitally transmitted by one or more § 25.138(a), § 25.211(d), § 25.212(c), (d), or space stations directly to fixed, mobile, (f), § 25.218, § 25.221(a)(1) or (a)(3), and/or portable stations, and which § 25.222(a)(1) or (a)(3), § 25.226(a)(1) or may involve complementary repeating (a)(3), or § 25.227(a)(1) or (a)(3). terrestrial transmitters and telemetry, Vehicle-Mounted Earth Station tracking and command facilities. (VMES). An earth station, operating Satellite system. A space system using from a motorized vehicle that travels one or more artificial earth satellites. primarily on land, that receives from (RR) and transmits to geostationary orbit Selected assignment. A spectrum as- Fixed-Satellite Service space stations signment voluntarily identified by a 2 and operates within the United States GHz MSS licensee at the time that the pursuant to the requirements set out licensee’s first 2 GHz Mobile-Satellite in § 25.226. Service satellite reaches its intended [79 FR 8311, Feb. 12, 2014, as amended at 79 orbit. FR 26868, May 12, 2014; 81 FR 55324, Aug. 18, Shapeable antenna beam. A satellite 2016] transmit or receive antenna beam, the gain pattern of which can be modified § 25.104 Preemption of local zoning of at any time without physically repo- earth stations. sitioning a satellite antenna reflector. (a) Any state or local zoning, land- Skew angle. The angle between the use, building, or similar regulation minor axis of an axially asymmetric that materially limits transmission or

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reception by satellite earth station an- (iii) Is specifically applicable on its tennas, or imposes more than minimal face to antennas of the class described costs on users of such antennas, is pre- in paragraph (b)(1) of this section. empted unless the promulgating au- (c) Any person aggrieved by the ap- thority can demonstrate that such reg- plication or potential application of a ulation is reasonable, except that non- state or local zoning or other regula- federal regulation of radio frequency tion in violation of paragraph (a) of emissions is not preempted by this sec- this section may, after exhausting all tion. For purposes of this paragraph nonfederal administrative remedies, (a), reasonable means that the local file a petition with the Commission re- regulation: questing a declaration that the state or (1) Has a clearly defined health, safe- local regulation in question is pre- ty, or aesthetic objective that is stated empted by this section. Nonfederal ad- in the text of the regulation itself; and ministrative remedies, which do not in- (2) Furthers the stated health, safety clude judicial appeals of administrative or aesthetic objective without unneces- determinations, shall be deemed ex- sarily burdening the federal interests hausted when: in ensuring access to satellite services (1) The petitioner’s application for a and in promoting fair and effective permit or other authorization required competition among competing commu- by the state or local authority has nications service providers. been denied and any administrative appeal and variance procedure has been (b)(1) Any state or local zoning, land- exhausted; use, building, or similar regulation that affects the installation, mainte- (2) The petitioner’s application for a permit or other authorization required nance, or use of a satellite earth sta- by the state or local authority has tion antenna that is two meters or less been on file for ninety days without in diameter and is located or proposed final action; to be located in any area where com- (3) The petitioner has received a per- mercial or industrial uses are generally mit or other authorization required by permitted by non-federal land-use reg- the state or local authority that is con- ulation shall be presumed unreasonable ditioned upon the petitioner’s expendi- and is therefore preempted subject to ture of a sum of money, including costs paragraph (b)(2) of this section. No required to screen, pole-mount, or oth- civil, criminal, administrative, or erwise specially install the antenna, other legal action of any kind shall be greater than the aggregate purchase or taken to enforce any regulation cov- total lease cost of the equipment as ered by this presumption unless the normally installed; or promulgating authority has obtained a (4) A state or local authority has no- waiver from the Commission pursuant tified the petitioner of impending civil to paragraph (e) of this section, or a or criminal action in a court of law and final declaration from the Commission there are no more nonfederal adminis- or a court of competent jurisdiction trative steps to be taken. that the presumption has been rebut- (d) Procedures regarding filing of pe- ted pursuant to paragraph (b)(2) of this titions requesting declaratory rulings section. and other related pleadings will be set (2) Any presumption arising from forth in subsequent Public Notices. All paragraph (b)(1) of this section may be allegations of fact contained in peti- rebutted upon a showing that the regu- tions and related pleadings must be lation in question: supported by affidavit of a person or (i) Is necessary to accomplish a clear- persons with personal knowledge there- ly defined health or safety objective of. that is stated in the text of the regula- (e) Any state or local authority that tion itself; wishes to maintain and enforce zoning (ii) Is no more burdensome to sat- or other regulations inconsistent with ellite users than is necessary to this section may apply to the Commis- achieve the health or safety objective; sion for a full or partial waiver of this and section. Such waivers may be granted

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by the Commission in its sole discre- available for inspection at the Federal tion, upon a showing by the applicant Communications Commission, 445 12th that local concerns of a highly special- Street SW., Reference Information ized or unusual nature create a neces- Center, Room CY–A257, Washington, sity for regulation inconsistent with DC 20554, 202–418–0270, and is available this section. No application for waiver from the sources listed below. It is also shall be considered unless it specifi- available for inspection at the National cally sets forth the particular regula- Archives and Records Administration tion for which waiver is sought. Waiv- (NARA). For information on the avail- ers granted in accordance with this ability of this material at NARA, call section shall not apply to later-enacted 202–741–6030 or go to http:// or amended regulations by the local www.archives.gov/federallregister/ authority unless the Commission ex- codeloflfederallregulations/ pressly orders otherwise. ibrllocations.html. (f) A satellite earth station antenna (b) International Telecommunication that is designed to receive direct Union (ITU), Place des Nations, 1211 broadcast satellite service, including Geneva 20 Switzerland; www.itu.int; direct-to-home satellite services, that Voice: +41 22 730 5111; Fax: +41 22 733 is one meter or less in diameter or is 7256; email: [email protected]. located in Alaska is covered by the reg- (1) ITU Radio Regulations, Volume 1: ulations in § 1.4000 of this chapter. Articles, Article 9, ‘‘Procedure for ef- [61 FR 10898, Mar. 18, 1996, as amended at 61 fecting coordination with or obtaining FR 46562, Sept. 4, 1996] agreement of other administrations,’’ Section II, ‘‘Procedure for effecting co- EFFECTIVE DATE NOTE: At 61 FR 46562, Sept. 4, 1996, § 25.104 was amended by revising ordination,’’ Edition of 2012, http:// paragraph (b)(1) and adding paragraph (f). www.itu.int/pub/R–REG–RR–2012. Incor- These paragraphs contain information col- poration by reference approved for lection and recordkeeping requirements and § 25.111(e). will not become effective until approval has (2) ITU Radio Regulations, Volume 2: been given by the Office of Management and Appendices, Appendix 30, ‘‘Provisions Budget. for all services and associated Plans and List for the broadcasting-satellite § 25.105 Citizenship. service in the frequency bands 11.7–12.2 The rules that establish the require- GHz (in Region 3), 11.7–12.5 GHz (in Re- ments and conditions for obtaining the gion 1) and 12.2–12.7 GHz (in Region 2),’’ Commission’s prior approval of foreign Edition of 2012, http://www.itu.int/pub/R– ownership in common carrier licensees REG–RR–2012. Incorporation by ref- that would exceed the 20 percent limit erence approved for §§ 25.117(h) and in section 310(b)(3) of the Communica- 25.118(e). tions Act (47 U.S.C. 310(b)(3)) and/or the (3) ITU Radio Regulations, Volume 2: 25 percent benchmark in section Appendices, Appendix 30A, ‘‘Provisions 310(b)(4) of the Act (47 U.S.C. 310(b)(4)) and associated Plans and List for feed- are set forth in §§ 1.990 through 1.994 of er links for the broadcasting-satellite this chapter. service (11.7–12.5 GHz in Region 1, 12.2– [78 FR 41331, July 10, 2013] 12.7 GHz in Region 2 and 11.7–12.2 GHz in Region 3) in the frequency bands §§ 25.106–25.107 [Reserved] 14.5–14.8 GHz and 17.3–18.1 GHz in Re- gions 1 and 3, and 17.3–17.8 GHz in Re- § 25.108 Incorporation by reference. gion 2,’’ Edition of 2012, http:// (a) Certain material is incorporated www.itu.int/pub/R-REG-RR-2012. Incor- by reference into this part with the ap- poration by reference approved for proval of the Director of the Federal §§ 25.110(b), 25.117(h), and 25.118(e). Register under 5 U.S.C. 552(a) and 1 (4) ITU Radio Regulations, Volume 2: CFR part 51. To enforce any edition Appendices, Appendix 30B, ‘‘Provisions other than that specified in this sec- and associated Plan for the fixed-sat- tion, the Commission must publish a ellite service in the frequency bands 4 document in the FEDERAL REGISTER 500–4 800 MHz, 6 725–7 025 MHz, 10.70– and the material must be available to 10.95 GHz, 11.2–11.45 GHz and 12.75–13.25 the public. All approved material is GHz,’’ Edition of 2012, http://www.itu.int/

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pub/R-REG-RR-2012. Incorporation by (2) Except as provided in paragraph reference approved for §§ 25.110(b) and (b)(3) of this section, applications for 25.140(a). space station licenses must be filed (5) Recommendation ITU–R S.1503–2, electronically on FCC Form 312 in ac- ‘‘Functional description to be used in cordance with the applicable provisions developing software tools for deter- of part 1, subpart Y of this chapter and mining conformity of non-geo- include all information required by stationary-satellite orbit fixed-sat- § 25.114. ellite system networks with limits con- (3) A license application for 17/24 GHz tained in Article 22 of the Radio Regu- BSS space station operation or for GSO lations,’’ December 2013, http:// FSS space station operation not sub- www.itu.int/rec/R-REC-S.1503-2-201312-I. ject to the provisions in Appendix 30A Incorporation by reference approved of the ITU Radio Regulations (incor- for § 25.146(a). porated by reference, see § 25.108) may [81 FR 55324, Aug. 18, 2016] be submitted in two steps, as follows: (i) An application for 17/24 GHz BSS § 25.109 Cross-reference. space station operation or for GSO FSS (a) Space and earth stations in the space station operation not subject to Amateur Satellite Service are licensed the provisions in Appendix 30B of the under 47 CFR part 97. ITU Radio Regulations (incorporated (b) Ship earth stations in the Mari- by reference, see § 25.108) may be initi- time Mobile-Satellite Service trans- ated by filing with the Commission, in mitting in the 1626.5–1646.5 MHz band accordance with the applicable provi- are subject to licensing under 47 CFR sions of part 1, subpart Y of this chap- part 80. ter, a draft Coordination Request and (c) Earth stations in the Aero- simplified Form 312 for the proposed nautical Mobile-Satellite (Route) Serv- operation and a declaration of accept- ice are subject to licensing under 47 ance of ITU cost-recovery responsi- CFR part 87. bility in accordance with § 25.111(d). (d) Space and earth stations in the The simplified Form 312, Main Form Experimental Radio Service may be submission must include the informa- subject to licensing under 47 CFR part tion required by items 1–17, 43, 45, and 5. 46. (ii) An application for GSO FSS space [78 FR 8420, Feb. 6, 2013] station operation subject to the provisions in Appendix 30B of the ITU Radio Subpart B—Applications and Regulations (incorporated by ref- Licenses erence, see § 25.108) may be initiated by submitting to the Commission, in ac- SOURCE: 56 FR 24016, May 28, 1991, unless cordance with the applicable provisions otherwise noted. of part 1, subpart Y of this chapter, a draft ITU filing to convert an allot- GENERAL APPLICATION FILING ment into an assignment, to introduce REQUIREMENTS an additional system, or to modify an assignment in the Appendix 30B List § 25.110 Filing of applications, fees, accompanied by a simplified Form 312 and number of copies. and a declaration of acceptance of ITU (a) Applications may be filed by cost-recovery responsibility in accord- going online at licensing.fcc.gov/myibfs ance with § 25.111(d). The simplified and submitting the application Form 312, Main Form submission must through the International Bureau Fil- include the information required by ing System (IBFS). items 1–17, 43, 45, and 46. In addition, (b) Submitting your application. (1) All the applicant must submit the results earth station license applications must of an analysis demonstrating that no be filed electronically on FCC Form 312 U.S. filing under Appendix 30B would in accordance with the applicable pro- be deemed affected by the proposed op- visions of part 1, subpart Y of this eration under the relevant ITU criteria chapter. or, for any affected filings, a letter

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signed by the affected operator that it successfully completed. A license for consents to the new filing. which such procedures have not been (iii) An application initiated pursu- completed may be subject to additional ant to paragraphs (b)(3)(i) or (b)(3)(ii) terms and conditions required for co- of this section will be considered com- ordination of the frequency assign- pleted by the filing of an FCC Form 312 ments with other Administrations. and the remaining information re- (c) In the Direct Broadcast Satellite quired in a complete license applica- service, applicants and licensees shall tion, including the information re- also provide the Commission with all quired by § 25.114, within two years of information it requires in order to the date of submission of the initial ap- modify the plans for the Broadcasting- plication materials. Satellite Service (BSS) in Appendix 30 (c) All correspondence concerning of the ITU Radio Regulations (RR) and any application must identify: associated feeder-link plans in Appen- (1) The applicant’s name, dix 30A of the ITU RR, if the system (2) The call sign of the space station has technical characteristics differing or earth station, and from those specified in the Appendix 30 (3) The file number of the applica- BSS Plans, the Appendix 30A tion. feederlink Plans, Annex 5 to Appendix (d) Copies. Applications must be filed 30, or Annex 3 to Appendix 30A. For electronically though IBFS. The Com- such systems, no protection from inter- mission will not accept any paper ference caused by radio stations au- version of any application. thorized by other Administrations is (e) Signing. Upon filing an application guaranteed until the agreement of all electronically, the applicant must affected Administrations is obtained print out the filed application, obtain and the frequency assignment becomes the proper signatures, and keep the a part of the appropriate Region 2 BSS original in its files. and feeder-link Plans. Authorizations (f) An applicant must pay the appro- for which coordination is not com- priate filing fee in accordance with pleted and/or for which the necessary part 1, subpart G of this chapter, at the agreements under Appendices 30 and time when it files a FCC Form 312. 30A have not been obtained may be [69 FR 47793, Aug. 6, 2004, as amended at 78 subject to additional terms and condi- FR 8420, Feb. 6, 2013; 81 FR 55325, Aug. 18, tions as required to effect coordination 2016] or obtain the agreement of other Ad- ministrations. Applicants and licensees § 25.111 Additional information, ITU shall also provide the Commission with filings, and ITU cost recovery. the information required by Appendix 4 (a) The Commission may request of the ITU RR for advance publication from any party at any time additional and notification or coordination of the information concerning any applica- frequencies to be used for tracking, te- tion, or any other submission or plead- lemetry and control functions of DBS ing regarding an application, filed systems. under this part. (d) The Commission will submit fil- (b) Applicants and licensees of radio ings to the ITU on behalf of an appli- stations governed by this part must cant, licensee, or other requesting provide the Commission with the infor- party only after the party has filed a mation required for Advance Publica- signed declaration of unconditional action, Coordination, and Notification of ceptance of all consequent ITU cost-re- frequency assignment filings, including covery responsibility. Applicants and due diligence information, pursuant to licensees must file the declaration the Radio Regulations of the Inter- electronically in the ‘‘Other Filings’’ national Telecommunication Union. tab of the application file in the IBFS No protection from interference caused database, and must also mail a paper by radio stations authorized by other copy to the International Bureau, Sat- Administrations is guaranteed unless ellite Division. In addition, applicants ITU procedures are timely completed and licensees must reference the call or, with respect to individual Adminis- sign and name of the satellite network trations, coordination agreements are in the declaration. All cost-recovery

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declarations must include the name(s), identifying the omissions or discrep- address(es), email address(es), and tele- ancies if: phone number(s) of a contact person, or (1) The application is defective with persons, responsible for cost recovery respect to completeness of answers to inquiries and ITU correspondence and questions, informational showings, in- filings. Supplements must be filed as ternal inconsistencies, execution, or necessary to apprise the Commission of other matters of a formal character; or changes in the contact information (2) The application does not substan- until the ITU cost-recovery responsi- tially comply with the Commission’s bility is discharged. The applicant, li- rules, regulations, specific requests for censee, or other party must remit pay- additional information, or other re- ment of any resultant cost-recovery fee quirements. to the ITU by the due date specified in (3) The application requests author- the ITU invoice, unless an appeal is ity to operate a space station in a fre- pending with the ITU that was filed quency band that is not allocated prior to the due date. A license granted internationally for such operations in reliance on such a commitment will be conditioned upon discharge of any under the Radio Regulations of the such cost-recovery obligation. Where International Telecommunication an applicant or licensee has an overdue Union. ITU cost-recovery fee and does not (4) The application is identical to a have an appeal pending with the ITU, pending application that was timely the Commission will dismiss any appli- filed pursuant to § 25.157 or § 25.158. cation associated with that satellite (b) Applications for space station au- network. thority found defective under para- (e) The Commission will process and graph (a)(3) or (a)(4) of this section will forward to the ITU up to five Advance not be considered. Applications for au- Publication filings by an entity that thority found defective under para- are not accompanied by a complete graphs (a)(1) or (a)(2) of this section space station license application or by may be accepted for filing if: an application pursuant to (1) The application is accompanied by § 25.110(b)(3)(i) or (b)(3)(ii). Such Ad- a request which sets forth the reasons vance Publication filing requests not in support of a waiver of (or an excep- contained in an application must be action to), in whole or in part, any spe- companied by a letter request and a cific rule, regulation, or requirement signed ITU cost-recovery declaration with which the application is in con- pursuant to paragraph (d) of this sec- flict; tion. A request for filing of Advance (2) The Commission, upon its own Publication information will be attrib- motion, waives (or allows an exception uted to an entity in the same manner to), in whole or in part, any rule, regu- as a space station license application lation or requirement. under the criteria set forth in (c) The Commission will dismiss an § 25.159(c). application for failure to prosecute or NOTE TO PARAGRAPH (e): After June 30, 2016, for failure to respond substantially the Commission will not forward Advance within a specified time period to offi- Publication information for satellite net- cial correspondence or requests for ad- works or systems subject to Article 9, Sec- ditional information. Dismissal will be tion II of the ITU Radio Regulations (incor- without prejudice unless the applica- porated by reference, see § 25.108). tion is mutually exclusive pursuant to [56 FR 24016, May 28, 1991, as amended at 67 § 25.155, in which case it will be dis- FR 51113, Aug. 7, 2002; 68 FR 63997, Nov. 12, missed with prejudice. 2003; 78 FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; 81 FR 55325, Aug. 18, 2016] (d) An application will be dismissed without prejudice as a matter of right § 25.112 Dismissal and return of appli- if the applicant requests its dismissal cations. prior to final Commission action. (a) An application will be unaccept- [56 FR 24016, May 28, 1991, as amended at 68 able for filing and will be returned to FR 51502, Aug. 27, 2003; 79 FR 8314, Feb. 12, the applicant with a brief statement 2014; 81 FR 55326, Aug. 18, 2016]

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§ 25.113 Station construction, deploy- proposes to operate to disseminate pro- ment approval, and operation of gram content to be received by the spare satellites. public at large, rather than only by (a) Construction permits are not re- subscribers. Construction of a station quired for earth stations. Construction for which a construction permit is not of such stations may commence prior required may commence, at the appli- to grant of an earth station license at cant’s own risk, prior to grant of a li- the applicant’s own risk, subject to the cense. requirements of § 1.1312 and part 17 of (g) Except as set forth in paragraphs this chapter concerning environmental (h) and (i) of this section, approval for processing and construction, marking, orbital deployment and a station li- and lighting of antenna structures. cense (i.e., operating authority) must (b) Construction permits are not re- be applied for and granted before a quired for Ancillary Terrestrial Com- space station may be deployed and opponent (ATC) stations. A party with li- erated in orbit. Approval for orbital de- censes issued under this part for launch ployment may be requested in an appli- and operation of 1.5/1.6 GHz or 1.6/2.4 cation for a space station license. How- GHz GHz Mobile-Satellite Service ever, an application for authority to space stations and operation of associ- deploy and operate an on-ground spare ated ATC facilities may commence satellite will be considered pursuant to construction of ATC base stations at the following procedures: its own risk after commencing physical (1) Applications for deployment and construction of the space stations, sub- operation of an on-ground spare NGSO- ject to the requirements of § 1.1312 and like satellite will be considered pursu- part 17 of this chapter. Such an MSS/ ant to the procedures set forth in ATC licensee may also conduct equip- § 25.157, except as provided in paragraph ment tests for the purpose of making (g)(3) of this section. adjustments and measurements nec- (2) Applications for deployment and essary to ensure compliance with the operation of an on-ground spare GSO- terms of its ATC license, applicable like satellite will be considered pursu- rules in this part, and technical design ant to the procedures set forth in requirements. Prior to commencing § 25.158, except as provided in paragraph such construction and pre-operational (g)(3) of this section. testing, an MSS/ATC licensee must no- (3) Neither paragraph (g)(1) nor (g)(2) tify the Commission of the commence- of this section will apply in cases ment of physical satellite construction where the space station to be deployed and the licensee’s intention to con- is determined to be an emergency re- struct and test ATC facilities. This no- placement for a previously authorized tification must be filed electronically space station that has been lost as a rein the appropriate file in the Inter- sult of a launch failure or a cata- national Bureau Filing System data- strophic in-orbit failure. base. The notification must specify the (h) An operator of NGSO space sta- frequencies the licensee proposes to use tions under a blanket license granted for pre-operational testing and the by the Commission need not apply for name, address, and telephone number license modification to operate tech- of a representative for the reporting nically identical in-orbit spare sat- and mitigation of any interference re- ellites in an authorized orbit. However, sulting from such testing. MSS/ATC li- the licensee must notify the Commis- censees engaging in pre-operational sion within 30 days of bringing an in- testing must comply with §§ 5.83, orbit spare into service and certify 5.85(c), 5.111, and 5.117 of this chapter that its activation has not exceeded regarding experimental operations. An the number of space stations author- MSS/ATC licensee may not offer ATC ized to provide service and that the li- service to the public for compensation censee has determined by measurement during pre-operational testing. that the activated spare is operating (c)–(e) [Reserved] within the terms of the license. (f) Construction permits are not re- (i) An operator of NGSO space sta- quired for U.S.-licensed space stations, tions under a blanket license granted except for stations that the applicant by the Commission need not apply for

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license modification to deploy and op- (b) Each application for a new or erate technically identical replacement modified space station authorization satellites in an authorized orbit within must contain the formal waiver re- the term of the system authorization. quired by 47 U.S.C. 304. However, the licensee must notify the (c) The following information shall Commission of the intended launch at be filed on FCC Form 312, Main Form least 30 days in advance and certify and Schedule S: that its operation of the additional (1) Name, address, and telephone space station(s) will not increase the number of the applicant; number of space stations providing (2) Name, address, and telephone service above the maximum number number of the person(s), including specified in the license. counsel, to whom inquiries or correspondence should be directed; [56 FR 24016, May 28, 1991, as amended at 61 (3) Type of authorization requested FR 4366, Feb. 6, 1996; 61 FR 9951, Mar. 12, 1996; (e.g., launch authority, station license, 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, modification of authorization); Aug. 27, 2003; 69 FR 47794, Aug. 6, 2004; 70 FR (4)(i) For each space station trans- 32253, June 2, 2005; 77 FR 3954, Jan. 26, 2012; 78 mitting and receiving antenna beam FR 8421, Feb. 6, 2013; 79 FR 8314, Feb. 12, 2014; (including telemetry and tracking 79 FR 27503, May 14, 2014; 81 FR 55326, Aug. 18, beams but not command beams), speci- 2016] fy channel center frequencies and EFFECTIVE DATE NOTE: At 79 FR 27503, May bandwidths and polarization plan. For 14, 2014, in § 25.113, in the second sentence in command beams, specify each of the paragraph (b), ‘‘1.5/1.6 GHz, 1.6/2.4 GHz, or 2 center frequencies within a 5 MHz GHz Mobile-Satellite Service’’ was corrected range or a range of 2 percent of the as- to read ‘‘1.5/1.6 GHz or 1.6/2.4 GHz GHz Mo- signed bandwidth, whichever is small- bile-Satellite Service’’. This amendment er, and the polarization plan. If the contains information collection and record- space station can vary channel band- keeping requirements and will not become width in a particular frequency band effective until approval has been given by the Office of Management and Budget. with on-board processing, specify only the range of frequencies in that band § 25.114 Applications for space station over which the beam can operate and authorizations. the polarization plan. (ii) Specify maximum EIRP and max- (a)(1) A license application filed pur- imum EIRP density for each space sta- suant to § 25.110(b)(2) for a GSO space tion transmitting antenna beam. If the station or NGSO space station or satellite uses shapeable antenna space-station constellation must com- beams, as defined in § 25.103, specify in- prise a comprehensive proposal and stead maximum possible EIRP and must be submitted on FCC Form 312, maximum possible EIRP density with- Main Form and Schedule S, with at- in each shapeable beam’s proposed cov- tached exhibits required by paragraph erage area. Provide this information (d) of this section. for each frequency band in which the (2) An application for blanket author- transmitting antenna would operate. ity for an NGSO constellation of space For bands below 15 GHz, specify EIRP stations that are not all technically density in dBW/4 kHz; for bands at and identical must provide the information above 15 GHz, specify EIRP density in required by paragraphs (c) and (d) of dBW/MHz. If the EIRP density varies this section for each type of station in over time, specify the maximum pos- the constellation. sible EIRP density. (3) For an application filed pursuant (iii)–(iv) [Reserved] to the two-step procedure in (v) For each space station receiving § 25.110(b)(3), the filing pursuant to beam other than command beams, § 25.110(b)(3)(iii) must be submitted on specify the gain-to-temperature ratio FCC Form 312, Main Form and Sched- at beam peak. For receiving beams fed ule S, with attached exhibits as re- into transponders, also specify the quired by paragraph (d) of this section, minimum and maximum saturation and must constitute a comprehensive flux density at beam peak. If the sat- proposal. ellite uses shapeable beams, specify the

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minimum and maximum gain-to-tem- figuration with the smallest gain-to- perature ratio within each shapeable temperature ratio and the highest re- beam’s proposed coverage area, and for quired saturation power flux density shapeable receiving beams fed into for the beams listed in paragraph transponders, specify the minimum and (c)(4)(v) of this section. If the shapeable maximum saturation power flux den- beams are also steerable, include the sity within the 0 dB relative antenna contours that would result from mov- gain isoline. Provide this information ing the beam peak around the limit of for each frequency band in which the the effective beam peak area and the 0 receiving beam can operate. For com- dB relative antenna gain isoline. The mand beams, specify the beam peak proposed maximum coverage area must flux density at the command threshold; be clearly specified. (vi)(A) For space stations in geo- (D) For a space station with steerable stationary orbit, specify predicted beams that are not shapeable, specify space station antenna gain contour(s) the applicable contours, as defined in for each transmit and receive antenna paragraph (c)(4)(vi)(A) or (c)(4)(vi)(B) of beam, except for beams where the con- this section, with a description of a tour at 8 dB below peak falls entirely proposed coverage area for each steer- beyond the edge of the visible Earth. able beam or provide the contour infor- These contour(s) should be plotted on mation described in paragraph an area map at 2 dB intervals down to (c)(4)(vi)(C) of this section for each 10 dB below the peak gain and at 5 dB steerable beam. intervals between 10 dB and 20 dB (vii) For geostationary satellites below the peak gain. Applicants must with large numbers of identical fixed present this information in a GIMS- spot beams, other than DBS satellites, readable format. applicants may, as an alternative to (B) For space stations in non-geo- submitting the information described stationary orbits, specify for each in paragraph (c)(4)(vi) of this section unique orbital plane the predicted an- with respect to these beams, provide tenna gain contour(s) for each transmit the predicted antenna gain contours and receive antenna beam for one space for one transmit and receive antenna station if all space stations are iden- beam, together with one of the fol- tical in the constellation. If individual lowing: space stations in the constellation (A) An area map showing all of the have different antenna beam configura- spot beams depicted on the surface of tions, specify the predicted antenna the Earth; gain contours for each transmit and re- (B) A table identifying the maximum ceive beam for each space station type antenna gain point(s) in latitude and and orbit or orbital plane requested. longitude to the nearest 0.1 degree; or The contours should be plotted on an (C) A map of the isolines formed by area map with the beam depicted on combining all of the spot beams into the surface of the earth with the space one or more composite beams. For non- stations’ peak antenna gain pointed at geostationary satellites with large nadir to a latitude and longitude with- numbers of identical fixed beams on in the proposed service area. The con- each satellite, applicants may, as an tour(s) should be plotted at 2 dB inter- alternative to submitting the informa- vals down to 10 dB below the peak gain tion described in paragraph (c)(4)(vi) of and at 5 dB intervals between 10 dB and this section with respect to those 20 dB below the peak gain. For inter- beams, specify the predicted antenna satellite links, specify the peak an- gain contours for one transmit and re- tenna gain and 3 dB beamwidth. ceive beam pointed to nadir, together (C) For space stations with shapeable with an area map showing all of the antenna beams, specify the contours, spot beams depicted on the surface of as defined in paragraph (c)(4)(vi)(A) or the earth with the satellites’ peak an- (B) of this section, for the transmitting tenna gain pointed to a selected lati- beam configuration that results in the tude and longitude within the service highest EIRP density for the beams area. listed in paragraph (c)(4)(ii) of this sec- (5) For space stations in geo- tion and for the receiving beam con- stationary orbit:

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(i) Orbital location requested, tion specified in § 25.140(b)(3), (b)(4), (ii) [Reserved] (b)(5), or (b)(6); (iii) East-west station-keeping range, (8) Applications for authorizations in (iv) North-south station-keeping the Mobile-Satellite Service in the range, and 1545–1559/1646.5–1660.5 MHz frequency (v) Accuracy to which antenna axis bands shall also provide all informa- attitude will be maintained; tion necessary to comply with the poli- (6) For space stations in non-geo- cies and procedures set forth in Rules stationary orbits: and Policies Pertaining to the Use of (i) The number of orbital planes and Radio Frequencies in a Land Mobile the number of space stations in each Satellite Service, 2 FCC Rcd 485 (1987) plane, (Available at address in § 0.445 of this (ii) The inclination of the orbital chapter.); plane(s), (9) Applications to license multiple (iii) The orbital period, space station systems in the non-voice, (iv) The apogee, non-geostationary mobile-satellite (v) The perigee, service under blanket operating au- (vi) The argument(s) of perigee, thority shall also provide all informa- (vii) Active service arc(s), tion specified in § 25.142; and (viii) Right ascension of the ascend- (10) An application for space station ing node(s), and authorization in the 1.6/2.4 GHz or 2 (ix) For each satellite in each orbital GHz Mobile-Satellite Service must in- plane, the initial phase angle at the clude information required by reference time; § 25.143(b); (7) The frequency bands, types of service, and coverage areas; (11) Applications for space stations in (8) Calculated maximum power flux the Direct Broadcast Satellite Service density levels within each coverage must include a clear and detailed state- area and energy dispersal bandwidths, ment of whether the space station is to if any, needed for compliance with be operated on a broadcast or non- § 25.208, for the angles of arrival speci- broadcast basis; fied in the applicable paragraph(s) of (12) Applications for authorizations § 25.208; in the non-geostationary orbit Fixed- (9) [Reserved] Satellite Service in the 10.7–14.5 GHz (10) Estimated operational lifetime; bands must also provide all informa- (11) Whether the space station is to tion specified in § 25.146. be operated on a common carrier basis; (13) For satellite applications in the (12) [Reserved] Direct Broadcast Satellite Service, if (13) And the polarization information the proposed system’s technical char- necessary to determine compliance acteristics differ from those specified with § 25.210(i). in the Appendix 30 BSS Plans, the Ap- (d) The following information in nar- pendix 30A feeder link Plans, Annex 5 rative form shall be contained in each to Appendix 30 or Annex 3 to Appendix application: 30A of the ITU Radio Regulations, each (1) Overall description of system fa- applicant must provide: cilities, operations and services and ex- (i) The information requested in Ap- planation of how uplink frequency pendix 4 of the ITU Radio Regulations. bands would be connected to downlink Further, applicants must provide suffi- frequency bands; cient technical showing that the pro- (2)–(5) [Reserved] posed system could operate satisfac- (6) Public interest considerations in torily if all assignments in the BSS support of grant; and feeder link Plans were imple- (7) Applicants for authorizations for mented. space stations in the Fixed-Satellite (ii) Analyses of the proposed system Service must also include the informa- with respect to the limits in Annex 1 to tion specified in § 25.140(a). Applicants Appendices 30 and 30A of the ITU Radio for authorizations for space stations in Regulations. the 17/24 GHz Broadcasting-Satellite (14) A description of the design and Service must also include the informa- operational strategies that will be used

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to mitigate orbital debris, including inclination, and the right ascension of the following information: the ascending node(s). In the event (i) A statement that the space sta- that a system is not able to maintain tion operator has assessed and limited orbital tolerances, i.e., it lacks a pro- the amount of debris released in a pulsion system for orbital mainte- planned manner during normal oper- nance, that fact should be included in ations, and has assessed and limited the debris mitigation disclosure. Such the probability of the space station be- systems must also indicate the antici- coming a source of debris by collisions pated evolution over time of the orbit with small debris or meteoroids that of the proposed satellite or satellites. could cause loss of control and prevent Where a space station requests the as- post-mission disposal; signment of a geostationary-Earth (ii) A statement that the space sta- orbit location, it must assess whether tion operator has assessed and limited there are any known satellites located the probability of accidental explosions at, or reasonably expected to be lo- during and after completion of mission cated at, the requested orbital loca- operations. This statement must in- tion, or assigned in the vicinity of that clude a demonstration that debris gen- location, such that the station keeping eration will not result from the conver- volumes of the respective satellites sion of energy sources on board the might overlap. If so, the statement spacecraft into energy that fragments must include a statement as to the the spacecraft. Energy sources include identities of those parties and the chemical, pressure, and kinetic energy. measures that will be taken to prevent This demonstration should address collisions; whether stored energy will be removed (iv) A statement detailing the post- at the spacecraft’s end of life, by de- mission disposal plans for the space pleting residual fuel and leaving all station at end of life, including the fuel line valves open, venting any pres- quantity of fuel—if any—that will be surized system, leaving all batteries in reserved for post-mission disposal ma- a permanent discharge state, and re- neuvers. For geostationary-Earth orbit moving any remaining source of stored space stations, the statement must dis- energy, or through other equivalent close the altitude selected for a post- procedures specifically disclosed in the mission disposal orbit and the calcula- application; tions that are used in deriving the dis- (iii) A statement that the space sta- posal altitude. The statement must tion operator has assessed and limited also include a casualty risk assessment the probability of the space station be- if planned post-mission disposal incoming a source of debris by collisions volves atmospheric re-entry of the with large debris or other operational space station. In general, an assess- space stations. Where a space station ment should include an estimate as to will be launched into a low-Earth orbit whether portions of the spacecraft will that is identical, or very similar, to an survive re-entry and reach the surface orbit used by other space stations, the of the Earth, as well as an estimate of statement must include an analysis of the resulting probability of human cas- the potential risk of collision and a de- ualty. Applicants for space stations to scription of what measures the space be used only for commercial remote station operator plans to take to avoid sensing may, in lieu of submitting de- in-orbit collisions. If the space station tailed post-mission disposal plans to operator is relying on coordination the Commission, certify that they have with another system, the statement submitted such plans to the National must indicate what steps have been Oceanic and Atmospheric Administra- taken to contact, and ascertain the tion for review. likelihood of successful coordination of (v) For non-U.S.-licensed space sta- physical operations with, the other tions, the requirement to describe the system. The statement must disclose design and operational strategies to the accuracy—if any—with which or- minimize orbital debris risk can be sat- bital parameters of non-geostationary isfied by demonstrating that debris satellite orbit space stations will be mitigation plans for the space sta- maintained, including apogee, perigee, tion(s) for which U.S. market access is

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requested are subject to direct and ef- would require so many compromises in fective regulatory oversight by the na- satellite design and operation as to tional licensing authority. make it economically unreasonable. (15) Each applicant for a space sta- (17) An applicant seeking to operate a tion license in the 17/24 GHz broad- space station in the 17/24 GHz broadcasting-satellite service shall include casting-satellite service pursuant to the following information as an attach- the provisions of § 25.262(b) of this part, ment to its application: at an offset location no greater than (i) If the applicant proposes to oper- one degree offset from an orbital loca- ate in the 17.3–17.7 GHz frequency band, tion specified in Appendix F of the Re- a demonstration that the proposed port and Order adopted May 2, 2007, IB space station will comply with the Docket No. 06–123, FCC 07–76, must sub- power flux density limits in § 25.208(w) mit a written request to that effect as unless the applicant provides a certifi- part of the narrative portion of its ap- cation under paragraph (d)(15)(ii) of plication. this section. (18) For space stations in the Direct (ii) In cases where the proposed space Broadcast Satellite service or the 17/24 station will not comply with the power GHz broadcasting-satellite service, flux density limits set forth in maximum orbital eccentricity. § 25.208(w) of this part, the applicant will be required to provide a certifi- [68 FR 63997, Nov. 12, 2003, as amended at 69 cation that all potentially affected par- FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, ties acknowledge and do not object to 2004; 69 FR 54587, Sept. 9, 2004; 72 FR 50027, the use of the applicant’s higher power Aug. 29, 2007; 72 FR 60278, Oct. 24, 2007; 76 FR 50431, Aug. 15, 2011; 78 FR 8421, Feb. 6, 2013; 79 flux densities. The affected parties FR 8314, Feb. 12, 2014; 81 FR 55326, Aug. 18, with whom the applicant must coordi- 2016] nate are those GSO 17/24 GHz BSS satellite networks located up to ±6° away § 25.115 Applications for earth station for excesses of up to 3 dB above the authorizations. power flux-density levels specified in (a)(1) Transmitting earth stations. § 25.208(w) of this part, and up to ±10° Commission authorization must be ob- away greater for excesses greater than tained for authority to operate a trans- 3 dB above those levels. mitting earth station. Applications (iii) If the applicant proposes to pro- shall be filed electronically on FCC vide international service in the 17.7– Form 312, Main Form and Schedule B, 17.8 GHz frequency band, a certification and include the information specified that the proposed space station will comply with the power flux density in § 25.130, except as set forth in para- limits in § 25.208(c). graph (a)(2) of this section. (iv) Any information required by (2) Applicants for licenses for trans- § 25.264(a)(6), 25.264(b)(4), or 25.264(d). mitting earth stations in the FSS may (16) In addition to the requirements file on FCC Form 312EZ if all of the fol- of paragraph (d)(15) of this section, lowing criteria are met: each applicant for a license to operate (i) The application is for a single sta- a 17/24 GHz BSS space station that will tion that will transmit to an FSS GSO be used to provide video programming space station, or stations, in the 5925– directly to consumers in the United 6425 MHz band, or for single or multiple States, that will not meet the require- stations that will transmit to an FSS ments of § 25.225 of this part, must in- GSO space station, or stations, in the clude as an attachment to its applica- 14.0–14.5 GHz, 28.35–28.6 GHz, and/or tion a technical analysis dem- 29.5–30.0 GHz band; onstrating that providing video pro- (ii) The earth station(s) will not be gramming service to consumers in installed or operated on ships, aircraft, Alaska and Hawaii that is comparable or other moving vehicles; to the video programming service pro- (iii) The application meets all rel- vided to consumers in the 48 contig- evant criteria in § 25.211 or § 25.212 or in- uous United States (CONUS) is not fea- cludes information filed pursuant to sible as a technical matter or that, paragraph (g)(1) of this section indi- while technically feasible, such service cating that off-axis EIRP density from

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the proposed earth stations will not ex- U.S.-licensed space stations for domestic ceed relevant levels specified in or international services. Applications to § 25.138(a) or § 25.218; license networks of earth stations op- (iv) Operation of the proposed station erating in any portion of the 11.7–12.2 has been successfully coordinated with GHz and 14.0–14.5 GHz bands under terrestrial systems, if the station blanket operating authority may be would transmit in the 5925–6425 MHz filed on FCC Form 312 or Form 312EZ, band; with a Schedule B for each large (5 me- (v) The application includes an envi- ters or larger) hub station antenna and ronmental impact statement pursuant each representative type of small an- to § 1.1311 of this chapter, if required; tenna (less than 5 meters) operating (vi) The applicant does not propose to within the network. communicate via non-U.S.-licensed (i) Applications to license networks space stations not on the Permitted of earth stations operating in the 11.7– Space Station List; and 12.2 GHz and 14.0–14.5 GHz bands under (vii) If the proposed station(s) will re- blanket operating authority that meet ceive in the 18.3–18.8 GHz and/or 19.7– the requirements of § 25.212(c) or 20.2 GHz bands, the applicant proposes § 25.218(e) or (f) will be routinely proc- to communicate only via satellites for essed. which coordination has been completed (ii) Applications to license networks pursuant to Footnote US334 of the U.S. of earth stations operating in the 11.7– Table of Frequency Allocations with 12.2 GHz and 14.0–14.5 GHz bands under respect to Federal Government sys- blanket operating authority that do tems authorized on a primary basis, not meet the requirements of § 25.212(c) under an agreement previously ap- or § 25.218(e) or (f) must comply with proved by the Commission and the Na- the requirements in § 25.220 and must tional Telecommunications and Infor- be filed on FCC Form 312 with a Sched- mation Administration, and the appli- ule B for each large (5 meters or larger) cant certifies that it will operate con- hub station antenna and each rep- sistently with the agreement. resentative type of small antenna (less (3) Unless the Commission orders than 5 meters) operating within the otherwise, an application filed on FCC network. Form 312EZ in accordance with para- (2) Networks of earth stations operating graph (a)(2) of this section will be in the 3700–4200 MHz and 5925–6425 MHz deemed granted 35 days after the date bands. Applications to license networks of the public notice that the applica- of earth stations operating in the 3700– tion has been accepted for filing, pro- 4200 MHz and 5925–6425 MHz bands must vided no objection is filed during the be filed electronically on FCC Form 30-day public notice period. 312, Main Form and Schedule B. Appli- (4) Applications for earth station au- cations will be routinely processed pro- thorizations must be filed in accord- vided that frequency coordination has ance with the pleading limitations, pe- been satisfactorily completed and that riods and other applicable provisions of the proposed earth stations comply §§ 1.41 through 1.52 of this chapter, ex- with the applicable provisions in cept that such earth station applica- § 25.211(d) or § 25.212(d). Alternatively, tions must be filed electronically applicants that have satisfactorily through the International Bureau Fil- completed frequency coordination may ing System (IBFS) in accordance with be routinely processed if the proposed the applicable provisions of part 1, sub- earth stations comply with the applica- part Y of this chapter; ble off-axis EIRP density limits in (b) Receive-only earth stations. Ap- § 25.218(c) or (d). plications to license or register receive (i) For earth station antennas oper- only earth stations shall be filed on ating with power levels not consistent FCC Form 312, Main Form and Sched- with the applicable provisions in ule B, and conform to the provisions of § 25.211(d) or § 25.212(d), or with EIRP § 25.131. density levels not consistent with (c)(1) Networks of earth stations oper- those specified in § 25.218(c) or (d), the ating in the 11.7–12.2 GHz and 14.0–14.5 applicant must file an initial lead ap- GHz bands with U.S.-licensed or non- plication providing a detailed overview

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of the complete network. Such lead ap- public notice is released that identifies plications must fully identify the scope the notification sent to the Commis- and nature of the service to be pro- sion and if the requirements of para- vided, as well as the complete tech- graph (c)(2)(vi) of this section are met. nical details of each representative Continuance of operation of each sta- type of antenna that will operate with- tion for the duration of the lead license in the network. Such lead applications term shall be dependent upon success- for a single system must identify: ful completion of the normal public no- (A) No more than three discrete geo- tice process. If any objections are re- stationary satellites to be accessed; ceived to the new station prior to the (B) The amount of frequency band- end of the 30 day comment period of width sought, up to a maximum of 20 the Public Notice, the licensee shall MHz of spectrum in each direction at immediately cease operation of those each of the satellites (The same 20 MHz particular stations until the coordina- of uplink and 20 MHz of downlink spection dispute is resolved and the li- trum at each satellite would be acces- censee informs the Commission of the sible by all earth stations in the sys- resolution. If the requirements of para- tem. The 20 MHz of uplink and 20 MHz graph (c)(2)(vi) of this section are not of downlink spectrum need not be the met, operation may not commence same at each satellite location); until the Commission issues the public (C) The maximum number of earth notice acting on the terminal author- station sites; ization. (ii) Following the issuance of a li- (v) Each licensee shall annually pro- cense for the lead application, the li- vide the Commission an updated list of censee shall notify the Commission of all operational earth stations in its the complete technical parameters of system. The annual list shall also in- each individual earth station site be- clude a list of all earth stations deacti- fore that site is bought into operation vated during the year and identifica- under the lead authorization. Full fre- tion of the satellites providing service quency coordination of each individual to the network as of the date of the re- site (e.g., for each satellite and the port. spectrum associated therewith) shall be completed prior to filing Commis- (vi) Conditional authorization. (A) An sion notification. The coordination applicant for a new radio station or must be conducted in accordance with modification of an existing station au- § 25.203. Such notification shall be done thorized under paragraph (c)(2)(i) of by electronic filing and shall be con- this section in the 3700–4200; or 5925– sistent with the technical parameters 6425 MHz bands may operate the proof Schedule B of FCC Form 312. posed station during the pendency of (iii) Following successful coordina- its application after the release of the tion of such an earth station, if the public notice accepting the notifica- earth station operator does not file a tion for filing that complies with para- lead application or a Schedule B within graph (c)(2)(ii) of this section. The ap- six months after it successfully com- plicant, however, must first certify pletes coordination, it will be assumed that the following conditions are satis- that such frequency use is no longer fied: desired, unless a second notification (1) The frequency coordination proce- has been received within ten days prior dures of § 25.203 have been successfully to the end of the six month period. completed; Such renewal notifications must be (2) The antenna structure has been sent to all parties concerned. If the previously studied by the Federal Avia- lead application or Schedule B, or re- tion Administration and determined to newal notification, is not timely re- pose no hazard to aviation safety as received, the coordination will lapse and quired by subpart B of part 17 of this the licensee must re-coordinate the rel- chapter; or the antenna or tower struc- evant earth stations if it still wishes to ture does not exceed 6.1 meters above bring them into operation. ground level or above an existing man- (iv) Operation of each individual site made structure (other than an antenna may commence immediately after the structure), if the antenna or tower has

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not been previously studied by the Fed- by the Commission for any particular eral Aviation Administration and application. cleared by the FCC; (3) Networks of earth stations oper- (3) The grant of the application(s) ating in the 18.3–18.8 GHz, 19.7–20.2 GHz, does not require a waiver of the Com- 28.35–28.6 GHz, and 29.25–30 GHz bands mission’s rules (with the exception of a with U.S.-licensed or non-U.S.-licensed request for waiver pertaining to fees); satellites for domestic or international (4) The applicant has determined that services. the facility(ies) will not significantly (i) Applications to license networks affect the environment as defined in of earth stations that will transmit § 1.1307 of this chapter after complying digitally modulated signals to GSO with any applicable environmental no- space stations in the 28.35–28.6 GHz and/ tification procedures specified in or 29.25–30.0 GHz bands under blanket § 17.4(c) of this chapter. operating authority must be filed on (5) The station site does not lie with- FCC Form 312, or Form 312EZ if avail- in 56.3 kilometers of any international able, with a Schedule B for each large border or within a radio ‘‘Quiet Zone’’ (5 meters or larger) hub station an- identified in § 1.924 of this chapter; and tenna and each representative type of (6) The filed application is consistent small antenna (less than 5 meters) op- with the proposal that was coordinated erating within the network and may be pursuant to § 25.251. routinely processed if the criteria in (B) Conditional authority ceases im- paragraphs (c)(3)(i)(A) and (B) of this mediately if the Schedule B is returned section are met: by the Commission because it is not ac- (A) The applicant certifies pursuant cepted for filing. to § 25.132(a)(1) that the off-axis gain of (C) A conditional authorization pur- transmitting antennas in the network suant to paragraphs (c)(2)(vi)(A) and will not exceed the relevant levels (c)(2)(vi)(B) of this section is evidenced specified in § 25.209(a) and (b) and the by retaining a copy of the Schedule B power spectral density of any digitally notification with the station records. modulated carrier into any transmit- Conditional authorization does not ting earth station antenna in the pro- prejudice any action the Commission posed network will not exceed 3.5 dBW/ may take on the subject application(s) MHz as specified in § 25.212(e). or the Schedule B notifications. (B) The application includes informa- (D) Conditional authority is accepted tion filed pursuant to paragraph (g)(1) with the express understanding that of this section indicating that off-axis such authority may be modified or can- EIRP density from the proposed earth celled by the Commission at any time stations will not exceed relevant rou- without hearing if, in the Commis- tine levels specified in § 25.138(a). sion’s discretion, the need for such ac- (ii) Applications to license networks tion arises. An applicant operating pur- of earth stations operating in the 28.35– suant to this conditional authority as- 28.6 GHz and/or 29.25–30.0 GHz bands sumes all risks associated with such under blanket operating authority that operation, the termination or modi- do not meet the requirements of fication of the conditional authority, § 25.212(e) or § 25.138(a) must comply or the subsequent dismissal or denial of with the requirements in § 25.220 and its application(s). must be filed on FCC Form 312 with a (E) The copy of the Schedule B notifi- Schedule B for each large (5 meters or cation form must be posted at each sta- larger) hub station antenna and each tion operating pursuant to this section. representative type of small antenna (vii) Period of construction. Construc- (less than 5 meters) operating within tion of each earth station must be com- the network. pleted and the station must be brought (d) Mobile-Satellite Service user into regular operation within twelve transceivers need not be individually months from the date that action is licensed. Service vendors may file blan- taken to authorize that station to op- ket applications for such transceivers erate under the lead authorization, ex- using FCC Form 312, Main Form and cept as may be otherwise determined Schedule B, specifying the number of

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units to be covered by the blanket li- made consistent with the requirements cense. A blanket license application for in § 25.132(b)(1), in accordance with the 1.5/1.6 GHz MSS user transceivers must following requirements. For purposes include an explanation of how the ap- of this rule, the ‘‘off-axis angle’’ is the plicant will comply with the priority angle in degrees from a line between an and preemptive access requirements in earth station antenna and the target § 25.287. satellite. (e) License applications for earth sta- (i) A plot of maximum co-polarized tion operation in any portion of the EIRP density in the plane tangent to 18.3–20.2 GHz and 28.35–30.0 GHz bands the GSO arc at off-axis angles from not filed on FCC Form 312EZ pursuant minus 180° to plus 180°; to paragraph (a)(2) of this section must (ii) A plot of maximum co-polarized be filed on FCC Form 312, Main Form EIRP density in the plane tangent to and Schedule B, and must include any the GSO arc at off-axis angles from information required by paragraph (g) minus 10° to plus 10°; or (j) of this section or by § 25.130. An (iii) A plot of maximum co-polarized applicant may request authority for EIRP density in the plane perpen- operation of GSO FSS earth stations in dicular to the GSO arc at off-axis an- the conventional Ka-band, or for oper- gles from 0° to plus 30°; ation of NGSO FSS earth stations in (iv) A plot of maximum cross-polar- the 18.8–19.3 GHz (space-to-Earth) and ized EIRP density in the plane tangent 28.6–29.1 (Earth-to-space) bands, with- to the GSO arc at off-axis angles from out specifying the location of user ter- minus 7° to plus 7°; minals but must specify the geographic (v) A plot of maximum cross-polar- area(s) in which they will operate and ized EIRP density in the plane perpen- the location of hub and/or gateway sta- dicular to the GSO arc at off-axis an- tions. gles from minus 7° to plus 7°; (f) User transceivers in the non-geo- (vi) For antennas for which gain stationary satellite orbit Fixed-Sat- measurements are made pursuant to ellite Service in the 11.7–12.2 GHz, 12.2– § 25.132(b)(1)(iv), the EIRP density plots 12.7 GHz and 14.0–14.5 GHz bands need specified in paragraphs (g)(1)(i) through not be individually licensed. Applica- (v) of this section must be provided tions for blanket authority to operate over the specified angular ranges in transceiver units may be filed using two orthogonal planes, one of which is FCC Form 312, Main Form and Sched- tangent to the GSO arc and with the ule B. Each application for a blanket antenna operating at its maximum license under this section shall include skew angle, which the applicant must the information described in § 25.146. specify. Any earth stations that are not user (vii) The relevant off-axis EIRP den- transceivers, and which transmit in the sity envelopes in § 25.138, § 25.218, non-geostationary satellite orbit § 25.221, § 25.222, § 25.223, § 25.226, or Fixed-Satellite Service in the 10.7–11.7 § 25.227 must be superimposed on plots GHz, 12.75–13.15 GHz, 13.2125–13.25 GHz, submitted pursuant to paragraphs and 13.75–14.0 GHz bands must be indi- (g)(1)(i) through (vi) of this section. vidually licensed, pursuant to para- (viii) The showing must include a graph (a) of this section. supplemental table for each off-axis an- (g) Applications for earth stations gular range in which the relevant EIRP that will transmit to GSO space sta- density envelope will be exceeded, tions in any portion of the 5850–6725 specifying angular coordinates in de- MHz, 13.75–14.5 GHz, 24.75–25.25 GHz, grees off-axis and corresponding cal- 28.35–28.6 GHz, or 29.25–30.0 GHz bands culated off-axis EIRP density at 0.2° in- must include, in addition to the par- crements over the angular range in ticulars of operation identified on FCC which the routine envelope will be ex- Form 312 and associated Schedule B, ceeded and one degree on each side of the information specified in either that range. paragraph (g)(1) or (g)(2) of this section (2) An applicant that certifies pursu- for each earth station antenna type. ant to § 25.132(a)(1) that a proposed an- (1) Specification of off-axis EIRP den- tenna’s measured gain pattern con- sity calculated from measurements forms to relevant standards in

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§ 25.209(a) and (b) and that input power any limitations placed on the space density to the antenna will not exceed station authorization or noted in the the relevant limit in § 25.211 or § 25.212 Permitted Space Station List. need not provide a showing pursuant to (2) Notwithstanding paragraph (k)(1) paragraph (g)(1) of this section for op- of this section, the operator of an earth eration with that antenna. station that qualifies for routine proc- (h) [Reserved] essing in the conventional Ka-band (i) An earth station applicant filing may not communicate with a space an application for a blanket-licensed station on the Permitted Space Station earth station network made up of FSS List in the 18.3–18.8 GHz or 19.7–20.2 earth stations and planning to use a GHz band until the space station oper- contention protocol must include in its ator has completed coordination under application a certification that its con- Footnote US334 to § 2.106 of this chap- tention protocol usage will be reason- ter. able. [62 FR 5928, Feb. 10, 1997] (j) An application for a new fixed earth station or modification involving EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 25.115, see the List of CFR alteration of the overall height of one Sections Affected, which appears in the or more existing earth station antenna Finding Aids section of the printed volume structures must include the FCC An- and at www.fdsys.gov. tenna Structure Registration Num- ber(s) for the antenna structure(s), if § 25.116 Amendments to applications. assigned. If no such number has been (a) Unless otherwise specified, any assigned, the application must state pending application may be amended whether prior FAA notification is re- until designated for hearing, a public quired by part 17 of this chapter and, if notice is issued stating that a sub- so, whether the applicant or owner of stantive disposition of the application the structure has notified the FAA of is to be considered at a forthcoming the proposed construction or alteration Commission meeting, or a final order and applied for an Antenna Structure disposing of the matter is adopted by Registration Number in accordance the Commission. with part 17 of this chapter. Applicants (b) Major amendments submitted who maintain that prior FAA notifica- pursuant to paragraph (a) of this section is not required for construction or tion are subject to the public notice re- alteration of a structure with overall quirements of § 25.151. An amendment height more than 6.1 meters above will be deemed to be a major amend- ground level must explain in the appli- ment under the following cir- cation why such prior notification is cumstances: not required. (1) If the amendment increases the (k)(1) Applicants for FSS earth sta- potential for interference, or changes tions that qualify for routine proc- the proposed frequencies or orbital lo- essing in the conventional or extended cations to be used. C-bands, the conventional or extended (2) If the amendment would convert Ku-bands, the conventional Ka-band, or the proposal into an action that may the 24.75–25.25 GHz band, including ESV have a significant environmental effect applications filed pursuant to under § 1.1307 of this chapter. § 25.222(a)(1) or (a)(3), VMES applica- (3) [Reserved] tions filed pursuant to § 25.226(a)(1) or (4) If the amendment, or the cumu- (a)(3), and ESAA applications filed pur- lative effect of the amendment, is de- suant to § 25.227(a)(1) or (a)(3), may des- termined by the Commission otherwise ignate the Permitted Space Station to be substantial pursuant to section List as a point of communication. Once 309 of the Communications Act. such an application is granted, the (5) Amendments to ‘‘defective’’ space earth station operator may commu- station applications, within the mean- nicate with any space station on the ing of § 25.112 will not be considered. Permitted Space Station List, provided (c) Any application for an NGSO-like that the operation is consistent with satellite license within the meaning of the technical parameters and condi- § 25.157 will be considered to be a newly tions in the earth station license and filed application if it is amended by a

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major amendment (as defined by para- shall be made except upon application graph (b) of this section) after a ‘‘cut- to and grant of such application by the off’’ date applicable to the application, Commission. except under the following cir- (b) Both earth station and space sta- cumstances: tion modification applications must be (1) The amendment resolves fre- filed electronically through the Inter- quency conflicts with authorized sta- national Bureau Filing System (IBFS) tions or other pending applications but in accordance with the applicable pro- does not create new or increased fre- visions of part 1, subpart Y of this quency conflicts; chapter. (2) The amendment reflects only a (c) Applications for modification of change in ownership or control found earth station authorizations must be by the Commission to be in the public submitted on FCC Form 312, Main interest and, for which a requested ex- Form and Schedule B. Applications for emption from a ‘‘cut-off’’ date is grant- modification of space station author- ed; izations must be submitted on FCC (3) The amendment corrects typo- Form 312, Main Form and Schedule S. graphical, transcription, or similar Only those items that change need to clerical errors which are clearly dem- be specified, provided that the appli- onstrated to be mistakes by reference cant certifies that the remaining infor- to other parts of the application, and mation has not changed. whose discovery does not create new or (d)(1) Except as set forth in § 25.118(e), increased frequency conflicts; or applications for modifications of space (4) The amendment does not create station authorizations shall be filed in new or increased frequency conflicts, accordance with § 25.114, but only those and is demonstrably necessitated by items of information listed in § 25.114 events which the applicant could not that change need to be submitted, pro- have reasonably foreseen at the time of vided the applicant certifies that the filing. remaining information has not (d) Any application for a GSO-like changed. satellite license within the meaning of (2) Applications for modifications of § 25.158 will be considered to be a newly space station authorizations will be filed application if it is amended by a granted except under the following cir- major amendment (as defined by para- cumstances: graph (b) of this section), and will (i) Granting the modification would cause the application to lose its status make the applicant unqualified to op- relative to later-filed applications in erate a space station under the Com- the ‘‘queue’’ as described in § 25.158. mission’s rules. (e) Any amendment to an application (ii) Granting the modification re- shall be filed electronically through quest would not serve the public inter- the International Bureau Filing Sys- est, convenience, and necessity. tem (IBFS) in accordance with the ap- (iii) Except as set forth in paragraph plicable provisions of part 1, subpart Y (d)(2)(iv) of this section, applications of this chapter. Amendments to space for modifications of GSO-like space station applications must be filed on station authorizations granted pursu- Form 312 and Schedule S. Amendments ant to the procedure set forth in to earth station applications must be § 25.158, which seek to relocate a GSO filed on Form 312 and Schedule B. satellite or add a frequency band to the [56 FR 24016, May 28, 1991, as amended at 68 authorization, will be placed in a queue FR 51503, Aug. 27, 2003; 69 FR 47794, Aug. 6, pursuant to § 25.158 and considered only 2004; 78 FR 8421, Feb. 6, 2013] after previously filed space station license applications or space station § 25.117 Modification of station license. modification applications have been (a) Except as provided for in § 25.118 considered. (Modifications not requiring prior au- (iv) Applications for modifications of thorization), no modification of a radio space station authorizations to in- station governed by this part which af- crease the authorized bandwidth will fects the parameters or terms and con- not be considered in cases in which the ditions of the station authorization original space station authorization

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was granted pursuant to the procedures ply with the criteria specified in set forth in § 25.157(e) or § 25.158(c)(4). § 25.149. Notwithstanding the treatment (v) Any 17/24 GHz BSS space station of such an application as a minor modi- operator whose license is conditioned fication, the Commission shall place to operate at less than the power level any initial application for the modi- otherwise permitted by § 25.208(c) and/ fication of a space station license to or (w) of this part, and is conditioned add an ancillary terrestrial component to accept interference from a neigh- on notice for public comment. Except boring 17/24 GHz BSS space station, as provided for in § 25.149(f), no applica- may file a modification application to tion for authority to add an ancillary remove those two conditions in the terrestrial component to an eligible event that the license for that neigh- satellite network shall be granted until boring space station is cancelled or the applicant has demonstrated actual surrendered. In the event that two or compliance with the criteria specified more such modification applications in § 25.149(b). are filed, and those applications are (g) In cases where an earth station li- mutually exclusive, the modification censee proposes additional transmit- applications will be considered on a ters, facilities, or modifications, the first-come, first-served basis pursuant resulting transmissions of which can to the procedure set forth in § 25.158 of reasonably be expected to cause the this part. power density to exceed the RF expo- (3) In the event that a space station sure limits specified in part 1, subpart licensee provides notification of a I of this chapter by five percent, the li- planned license modification pursuant censee must submit an environmental to § 25.118(e), and the Commission finds assessment pursuant to § 1.1307(b)(3)(i) that the proposed modification does of this chapter as an attachment to its not meet the requirements of § 25.118(e), modification application. the Commission will issue a public no- (h) Unless otherwise ordered by the tice announcing that the proposed li- Commission, an application for any of cense modification will be considered the following kinds of modification of pursuant to the procedure specified in the operation of a GSO space station paragraphs (d)(1) and (d)(2) of this sec- will be deemed granted 35 days after tion. the date of the public notice that the (e) Any application for modification application has been accepted for fil- of authorization to extend a required ing, provided no objection is filed dur- date of completion, as set forth in ing the 30-day notice period and the ap- § 25.133 for earth station authorizations plication does not propose a change or § 25.164 for space stations, or in- that would be inconsistent with a Com- cluded as a condition of any earth sta- mission rule or require modification of tion or space station authorization, the BSS plan in Appendix 30 or the as- must include a verified statement from sociated feeder-link Plan in Appendix the applicant: 30A of the ITU Radio Regulations (both (1) That states that the additional incorporated by reference, see § 25.108). time is required due to unforeseeable (1) Relocation of a DBS or GSO FSS circumstances beyond the applicant’s space station by no more than 0.15° control, describes these circumstances from the initially authorized orbital with specificity, and justifies the pre- location, provided the application in- cise extension period requested; or cludes a signed certification that: (2) That states there are unique and (i) The space station operator has as- overriding public interest concerns sessed and limited the probability of that justify an extension, identifies the satellite becoming a source of de- these interests and justifies a precise bris as a result of collisions with large extension period (f) An application for debris or other operational satellites at modification of a space station license the new orbital location; and to add an ancillary terrestrial compo- (ii) The proposed station-keeping vol- nent to an eligible satellite network ume of the satellite following reloca- will be treated as a request for a minor tion will not overlap a station-keeping modification if the particulars of oper- volume reasonably expected to be occu- ations provided by the applicant com- pied by any other satellite, including

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those authorized by the Commission, same location, with authority to serve applied for and pending before the the U.S., and the change does not en- Commission, or otherwise the subject tail any increase in the earth station’s of an ITU filing and either in orbit or EIRP or EIRP density. progressing towards launch. (4) Licensees may make other (2) Repositioning one or more an- changes to their authorized earth sta- tenna beams by no more than 0.3 angu- tions without prior authority from the lar degrees from a line between the Commission, provided the modification space station and the initially author- does not involve: ized boresight location(s). (i) An increase in EIRP or EIRP den- [56 FR 24016, May 28, 1991, as amended at 61 sity (either main lobe or off-axis); FR 9952, Mar. 12, 1996; 62 FR 5928, Feb. 10, (ii) Additional operating frequencies; 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, (iii) A change in polarization; Aug. 12, 2003; 68 FR 51503, Aug. 27, 2003; 68 FR (iv) An increase in antenna height; 62248, Nov. 3, 2003; 68 FR 63998, Nov. 12, 2003; (v) Antenna repointing beyond any 69 FR 47794, Aug. 6, 2004; 70 FR 32253, June 2, coordinated range or 2005; 72 FR 60279, Oct. 24, 2007; 78 FR 8421, (vi) A change from the originally au- Feb. 6, 2013; 81 FR 55328, Aug. 18, 2016] thorized coordinates of more than 1 § 25.118 Modifications not requiring second in latitude or longitude for sta- prior authorization. tions operating in frequency bands (a) Earth station modifications, notifi- shared with terrestrial systems or cation required. Earth station licensees more than 10 seconds of latitude or lon- may make the following modifications gitude for stations operating in fre- without prior Commission authoriza- quency bands not shared with terres- tion, provided they notify the Commis- trial systems. sion, using FCC Form 312 and Schedule (b) Earth station modifications, notifi- B, within 30 days of the modification. cation not required. Notwithstanding The notification must be filed elec- paragraph (a) of this section, equip- tronically through the International ment in an authorized earth station Bureau Filing System (IBFS) in ac- may be replaced without prior author- cordance with the applicable provisions ization and without notifying the Com- of part 1, subpart Y of this chapter. mission if the new equipment is elec- (1) Blanket-licensed earth station op- trically identical to the existing equip- erators may add remote terminals op- ment. erating on a primary basis without (c)–(d) [Reserved] prior authorization, provided they have (e) Relocation of GSO space stations. A complied with all applicable frequency space station licensee may relocate a coordination procedures in accordance GSO space station without prior au- with § 25.251. thorization, but upon 30 days prior no- (2) A licensee providing service on a tice to the Commission and any poten- private carrier basis may change its tially affected licensed spectrum user, operations to common carrier status provided that the operator meets the without obtaining prior Commission following requirements. The notifica- authorization. The licensee must no- tion must be filed electronically on tify the Commission using FCC Form FCC Form 312 through the Inter- 312 within 30 days after the completed national Bureau Filing System (IBFS) change to common carrier status. in accordance with the applicable pro- (3) An earth station operator may visions of part 1, subpart Y of this change a point of communication with- chapter: out prior authorization, provided the (1) The space station will be relo- operator does not repoint the earth cated to a position within ±0.15° of an station’s antenna beyond any coordi- orbital location assigned to the same nated range; and licensee. (i) The change results from a space (2) The licensee certifies that the station relocation described in para- space station will operate after the re- graph (e) of this section, or location within the technical param- (ii) The new point of communication eters authorized and coordinated for is a replacement GSO space station the space station previously assigned within ±0.15° of orbital longitude of the to that location.

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(3) The licensee certifies that it will specify all changes in previously au- comply with all the conditions of its li- thorized parameters and must certify cense for operation at the changed lo- the following: cation. (1) The licensee will continue to com- (4) The licensee certifies that it will ply with the conditions of the space limit operations of the space station to station license and all applicable Com- tracking, telemetry, and command mission rules, including geographic functions during the relocation and coverage requirements, after the repo- satellite drift transition period. sitioning; (5) The licensee certifies that: (2) The repositioning will not in- (i) It has assessed and limited the crease risk of harmful interference to probability of the satellite becoming a other systems not permitted by coordi- source of debris as a result of collisions nation agreements; with large debris or other operational (3) The licensee will not request in- satellites at the new orbital location; creased interference protection because and of the repositioning; (ii) The proposed station-keeping vol- (4) The licensee will monitor colli- ume of the satellite following reloca- sion risk during the maneuver and take tion will not overlap a station-keeping any necessary evasive measures. volume reasonably expected to be occu- (5) Any change of orbital altitude en- pied by any other satellite, including tailed by the repositioning will not ex- those authorized by the Commission, ceed 10 kilometers in extent or 30 days applied for and pending before the in duration and the licensee has noti- Commission, or otherwise the subject fied, or will notify, the operator(s) of of an ITU filing and either in orbit or any satellite within 20 kilometers of progressing towards launch. the interim orbit at least 10 days be- (6) The licensee certifies that the re- fore commencing the repositioning ma- location will not result in a lapse of neuver. service for any current customer. [62 FR 5928, Feb. 10, 1997, as amended at 68 (7) If the space station to be relo- FR 62248, Nov. 3, 2003; 68 FR 63999, Nov. 12, cated is a DBS space station, the li- 2003; 69 FR 47794, Aug. 6, 2004; 70 FR 32253, censee certifies that there will be no June 2, 2005; 79 FR 8317, Feb. 12, 2014; 81 FR increase in interference due to the op- 55329, Aug. 18, 2016] erations of the relocated space station that would require the Commission to § 25.119 Assignment or transfer of con- submit a proposed modification to the trol of station authorization. ITU Appendix 30 Broadcasting-Sat- (a) You must file an application for ellite Service Plan and/or the Appendix Commission authorization before you 30A feeder-link Plan (both incorporated can transfer, assign, dispose of (volun- by reference, see § 25.108) to the ITU tarily or involuntarily, directly or in- Radiocommunication Bureau. A DBS directly, or by transfer of control of licensee that meets this certification any corporation or any other entity) requirement is not subject to the re- your construction permit or station li- quirements in paragraph (e)(2) of this cense, or accompanying rights, except section. as provided in paragraph (h) of this sec- (8) If the space station to be relo- tion. The Commission will grant your cated is a DBS space station, the li- application only if it finds that doing censee certifies that it will meet the so will serve the public interest, con- geographic service requirements in venience, and necessity. § 25.148(c) after the relocation. (b) For purposes of this section, (f) Repositioning of NGSO space sta- transfers of control requiring Commis- tions. A licensee may reposition NGSO sion approval shall include any and all space stations within an authorized or- transactions that: bital plane without prior Commission (1) Change the party controlling the approval, provided the licensee notifies affairs of the licensee, or the Commission of the repositioning 10 (2) Effect any change in a controlling days in advance by electronic filing on interest in the ownership of the li- Form 312 in the International Bureau censee, including changes in legal or Filing System. The notification must equitable ownership.

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(c) Assignment of license. You must transfer or assignment is completed. submit an FCC Form 312, Main Form The notification must be filed on FCC and Schedule A to voluntarily assign Form 312, Main Form and Schedule A (e.g., as by contract or other agree- and must contain a certification that ment) or involuntarily assign (e.g., as the transfer of control or assignment by death, bankruptcy, or legal dis- was pro forma and that, together with ability) your station authorization. all previous pro forma transactions, it You must file these forms electroni- did not result in a change in the actual cally through IBFS. controlling party. (d) Transfer of control of corporation (i) Pro forma transactions not involving holding license. If you want to transfer a telecommunications carrier. A complete control of a corporation, which holds application for Commission approval of one or more licenses voluntarily or in- a non-substantial (pro forma) transfer voluntarily (de jure or de facto), you of control or assignment of license not must submit an FCC Form 312, Main involving a telecommunications car- Form and Schedule A. You must file rier, as defined in 47 U.S.C. 153(51), will these forms electronically through be deemed granted one business day IBFS. For involuntary transfers, you after filing, provided that: must file your application within 10 (1) Approval does not require a waiv- days of the event causing the transfer er of, or a declaratory ruling per- of control. You can also use FCC Form taining to, any applicable Commission 312, Main Form and Schedule A for rule; and non-substantial (pro forma) transfers of (2) The application includes a certifi- control. cation that the proposed transfer of (e) Whenever a group of station li- control or assignment is pro forma and censes in the same radio service for the that, together with all previous pro same class of facility licensed to the forma transactions, it would not result same entity is to be assigned or trans- in a change in the actual controlling ferred to a single assignee or trans- party. feree, a single application may be filed (j) Receive-only earth station registra- to cover the entire group, if the appli- tions. You do not need prior Commis- cation identifies in an exhibit each sta- sion approval for a transfer of control tion by call sign, station location and or assignment of a receive-only earth expiration date of license. station registration. For all such (f) Assignments and transfers of con- transactions other than non-substan- trol shall be completed within 180 days tial (pro forma) transfers of control, the from the date of authorization. Within transferee or assignee must file a noti- 30 days of consummation, the Commis- fication with the Commission on FCC sion shall be notified by letter of the Form 312, Main Form and Schedule A date of consummation and the file no later than 30 days after the transfer numbers of the applications involved in or assignment is completed. No notifi- the transaction. cation is required for a pro forma trans- (g) The Commission retains discre- fer of control of a receive-only earth tion in reviewing assignments and station registrant. transfers of control of space station licenses to determine whether the initial [56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and amended at 62 FR license was obtained in good faith with 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, the intent to construct a satellite sys- 2003; 69 FR 29901, May 26, 2004; 78 FR 8421, tem. Feb. 6, 2013; 79 FR 51264, Aug. 28, 2014; 81 FR (h) Pro forma transactions involving a 55329, Aug. 18, 2016] telecommunications carrier. You do not need prior Commission approval for a § 25.120 Application for special tem- non-substantial (pro forma) transfer of porary authorization. control or assignment of license in- (a) In circumstances requiring imme- volving a telecommunications carrier, diate or temporary use of facilities, reas defined in 47 U.S.C. 153(51). However, quest may be made for special tem- the pro forma transferee or assignee porary authority to install and/or oper- must file a notification with the Com- ate new or modified equipment. The re- mission no later than 30 days after the quest must contain the full particulars

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of the proposed operation including all or alteration is required by part 17 of facts sufficient to justify the tem- this chapter, must include the FCC An- porary authority sought and the public tenna Structure Registration Num- interest therein. No request for tember(s) for the affected satellite earth porary authority will be considered un- station antenna(s). If no such number less it is received by the Commission at has been assigned at the time the ap- least 3 working days prior to the date plication(s) is filed, the applicant must of proposed construction or operation state in the application whether the or, where an extension is sought, the satellite earth station antenna owner expiration date of the existing tem- has notified the FAA of the proposed porary authorization. A request reconstruction or alteration and applied ceived within less than 3 working days to the FCC for an Antenna Structure may be accepted only upon due show- Registration Number in accordance ing of extraordinary reasons for the with part 17 of this chapter. Applica- delay in submitting the request which tions proposing construction of one or could not have been earlier foreseen by more earth station antennas or alter- the applicant. A copy of the request for ation of the overall height of one or special temporary authority also shall more existing earth station antennas, be forwarded to the Commission’s Co- where FAA notification prior to such lumbia Operations Center, 9200 Farm construction or alteration is not re- House Lane, Columbia, MD 21046–1609. quired by part 17 of this chapter, must (b)(1) The Commission may grant a indicate such and, unless the satellite temporary authorization only upon a earth station antenna is 6.10 meters or finding that there are extraordinary less above ground level (AGL), must circumstances requiring temporary op- contain a statement explaining why erations in the public interest and that FAA notification is not required. delay in the institution of these tem- [56 FR 24016, May 28, 1991, as amended at 61 porary operations would seriously prej- FR 4367, Feb. 6, 1996. Redesignated and udice the public interest. Convenience amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 to the applicant, such as marketing FR 9973, Feb. 13, 2001; 68 FR 51503, Aug. 27, considerations or meeting scheduled 2003] customer in-service dates, will not be deemed sufficient for this purpose. § 25.121 License term and renewals. (2) The Commission may grant a tem- (a) License Term. (1) Except for li- porary authorization for a period not censes for DBS space stations, SDARS to exceed 180 days, with additional pe- space stations and terrestrial repeat- riods not exceeding 180 days, if the ers, and 17/24 GHz BSS space stations Commission has placed the special licensed as broadcast facilities, li- temporary authority (STA) request on censes for facilities governed by this public notice. part will be issued for a period of 15 (3) The Commission may grant a tem- years. porary authorization for a period not (2) Licenses for DBS space stations to exceed 60 days, if the STA request and 17/24 GHz BSS space stations li- has not been placed on public notice, censed as broadcast facilities, and for and the applicant plans to file a re- SDARS space stations and terrestrial quest for regular authority for the repeaters, will be issued for a period of service. 8 years. Licenses for DBS space sta- (4) The Commission may grant a tem- tions not licensed as broadcast facili- porary authorization for a period not ties will be issued for a period of 10 to exceed 30 days, if the STA request years. has not been placed on public notice, (b) The Commission reserves the and an application for regular author- right to grant or renew station licenses ity is not contemplated. for less than 15 years if, in its judg- (c) Each application proposing con- ment, the public interest, convenience struction of one or more earth station and necessity will be served by such ac- antennas or alteration of the overall tion. height of one or more existing earth (c) For earth stations, the license station antenna structures, where FAA term will be specified in the instru- notification prior to such construction ment of authorization.

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(d) Space stations. (1) For geo- ported, sold, leased, or offered, shipped, stationary-orbit space stations, the li- or distributed for sale or lease before cense term will begin at 3 a.m. Eastern November 20, 2004. Time on the date when the licensee no- (b) For purposes of this section, an tifies the Commission pursuant to earth-station transceiver is portable if § 25.173(b) that the space station has it is a ‘‘portable device’’ as defined in been successfully placed into orbit at § 2.1093(b) of this chapter, i.e., if its ra- its assigned orbital location and that diating structure(s) would be within 20 its operations conform to the terms centimeters of the operator’s body and conditions of the space station au- when the transceiver is in operation. thorization. (c) In addition to the information re- (2) For non-geostationary orbit space quired by §§ 1.1307(b) and 2.1033(c) of stations, the license period will begin this chapter, applicants for certifi- at 3 a.m. Eastern Time on the date cation required by this section must when the licensee notifies the Commis- submit any additional equipment test sion pursuant to § 25.173(b) that oper- data necessary to demonstrate compli- ation of an initial space station is com- ance with pertinent standards for pliant with the license terms and con- transmitter performance prescribed in ditions and that the space station has §§ 25.138, 25.202(f), and 25.216, must sub- been placed in its authorized orbit. Op- mit the statements required by erating authority for all space stations § 2.1093(c) of this chapter, and must subsequently brought into service pur- demonstrate compliance with the la- suant to the license will terminate beling requirement in § 25.285(b). upon its expiration. (d) Applicants for certification re- (e) Renewal of licenses. Applications quired by this section must submit evi- for renewals of earth station licenses dence that the devices in question are must be submitted on FCC Form 312R designed for use with a satellite system no earlier than 90 days, and no later that may lawfully provide service to than 30 days, before the expiration date users in the United States pursuant to of the license. Applications for space an FCC license or order reserving spec- station system replacement authoriza- trum. tion for non-geostationary orbit satellites shall be filed no earlier than 90 [69 FR 5709, Feb. 6, 2004, as amended at 79 FR days, and no later than 30 days, prior 8317, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016] to the end of the twelfth year of the ex- EARTH STATIONS isting license term. [56 FR 24016, May 28, 1991, as amended at 58 § 25.130 Filing requirements for trans- FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, mitting earth stations. 1994. Redesignated and amended at 62 FR (a) Applications for a new or modi- 5928, 5929, Feb. 10, 1997; 65 FR 59142, Oct. 4, fied transmitting earth station facility 2000; 67 FR 12485, Mar. 19, 2002; 67 FR 51113, Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR shall be submitted on FCC Form 312, 63999, Nov. 12, 2003; 72 FR 50027, Aug. 29, 2007; and associated Schedule B, accom- 75 FR 45067, Aug. 2, 2010; 79 FR 8317, Feb. 12, panied by any required exhibits, except 2014] for those earth station applications filed on FCC Form 312EZ pursuant to § 25.129 Equipment authorization for § 25.115(a). All such earth station li- portable earth-station transceivers. cense applications must be filed elec- (a) Except as expressly permitted by tronically through the International § 2.803 or § 2.1204 of this chapter, prior Bureau Filing System (IBFS) in ac- authorization must be obtained pursu- cordance with the applicable provisions ant to the equipment certification proof part 1, subpart Y of this chapter. Ad- cedure in part 2, subpart J of this chap- ditional filing requirements for Earth ter for importation, sale or lease in the Stations on Vessels are described in United States, or offer, shipment, or §§ 25.221 and 25.222. Additional filing redistribution for sale or lease in the quirements for Vehicle-Mounted Earth United States of portable earth-station Stations are described in § 25.226. Addi- transceivers subject to regulation tional filing requirements for Earth under part 25. This requirement does Stations Aboard Aircraft are described not apply, however, to devices im- in § 25.227. In addition, applicants that

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are not required to submit applications (f) Applicants seeking to operate in a on Form 312EZ, other than ESV, VMES shared government/non-government or ESAA applicants, must submit the band must provide the half-power beam following information to be used as an width of their proposed earth station ‘‘informative’’ in the public notice antenna, as an attachment to their ap- issued under § 25.151 as an attachment plications. to their application: (g) Parties may apply, either in an (1) A detailed description of the serv- initial application or an application for ice to be provided, including frequency modification of license, for operating bands and satellites to be used. The ap- authority for multiple transmitting plicant must identify either the spe- FSS earth stations that are not eligi- cific satellite(s) with which it plans to ble for blanket or network licensing operate, or the eastern and western under another section of this part in boundaries of the arc it plans to coordi- the following circumstances: nate. (1) The antennas would transmit in frequency bands shared with terrestrial (2) The diameter or equivalent di- services on a co-primary basis and the ameter of the antenna. antennas would be sited within an area (3) Proposed power and power density bounded by 1 second of latitude and 1 levels. second of longitude. (4) Identification of any random ac- (2) The antennas would transmit in cess technique, if applicable. frequency bands allocated to FSS on a (5) Identification of a specific rule or primary basis and there is no co-pri- rules for which a waiver is requested. mary allocation for terrestrial serv- (b) A frequency coordination analysis ices, and the antennas would be sited in accordance with § 25.203(b) must be within an area bounded by 10 seconds provided for earth stations transmit- of latitude and 10 seconds of longitude. ting in the frequency bands shared NOTE TO PARAGRAPH (g): This paragraph with equal rights between terrestrial does not apply to applications for blanket-li- and space services, except applications censed earth station networks filed pursuant for user transceiver units associated to § 25.115(c) or § 25.218; applications for con- with the NVNG MSS, which must in- ventional Ka-band hub stations filed pursu- stead provide the information required ant to § 25.115(e); applications for NGSO FSS by § 25.135, and applications for 1.6/2.4 gateway earth stations filed pursuant to § 25.115(f); applications filed pursuant to GHz MSS user transceivers, which §§ 25.221, § 25.222, § 25.226, or § 25.227; or applica- must demonstrate that the tions for 29 GHz NGSO MSS feeder-link sta- transceivers will operate in compliance tions in a complex as defined in § 25.257. with relevant requirements in § 25.213. [56 FR 24016, May 28, 1991, as amended at 58 Also, applications for transmitting FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, earth stations must include any notifi- 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. cation or demonstration required by 12, 1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, any other relevant provision in § 25.203. Dec. 4, 1997; 69 FR 29901, May 26, 2004; 69 FR (c) In those cases where an applicant 47795, Aug. 6, 2004; 70 FR 4783, Jan. 31, 2005; 70 is filing a number of essentially similar FR 32253, June 2, 2005; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, Mar. 8, 2013; 79 FR 8317, Feb. applications, showings of a general na- 12, 2014; 81 FR 55330, Aug. 18, 2016] ture applicable to all of the proposed stations may be submitted in the ini- § 25.131 Filing requirements and reg- tial application and incorporated by istration for receive-only earth sta- reference in subsequent applications. tions. (d) Transmissions of signals or pro- (a) Except as provided in paragraphs gramming to non-U.S. licensed sat- (b) and (j) of this section, applications ellites, and to and/or from foreign for licenses for receive-only earth sta- points by means of U.S.-licensed fixed tions shall be submitted on FCC Form satellites may be subject to restric- 312, Main Form and Schedule B, accom- tions as a result of international agree- panied by any required exhibits and the ments or treaties. The Commission will information described in § 25.130(a)(1) maintain public information on the through (a)(5). Such applications must status of any such agreements. be filed electronically through the (e) [Reserved] International Bureau Filing System

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(IBFS) in accordance with the applica- 30 days before the expiration date of ble provisions of part 1, subpart Y of the registration. this chapter. (i) Applications for modification of (b) Receive-only earth stations in the license or registration of receive-only FSS that operate with U.S.-licensed earth stations shall be made in con- space stations, or with non-U.S.-li- formance with §§ 25.117 and 25.118. In ad- censed space stations that have been dition, registrants are required to no- duly approved for U.S. market access, tify the Commission when a receive- may be registered with the Commission only earth station is no longer oper- in order to protect them from inter- ational or when it has not been used to ference from terrestrial microwave sta- provide any service during any 6-month tions in bands shared co-equally with period. the Fixed Service in accordance with (j)(1) Except as set forth in paragraph the procedures of §§ 25.203 and 25.251, (j)(2) of this section, receive-only earth subject to the stricture in § 25.209(c). stations operating with non-U.S. li- (c) Licensing or registration of re- censed space stations shall file an FCC ceive-only earth stations with the Form 312 requesting a license or modi- Commission confers no authority to re- fication to operate such station. ceive and use signals or programming (2) Operators of receive-only earth received from satellites. See section 705 stations need not apply for a license to of the Communications Act. 47 U.S.C. receive transmissions from non-U.S.-li- 605. censed space stations that have been (d) Applications for registration must duly approved for U.S. market access, be filed on FCC Form 312, Main Form provided the space station operator and and Schedule B, accompanied by the earth station operator comply with all coordination exhibit required by § 25.203 applicable rules in this chapter and and any other required exhibits. with applicable conditions in the Per- (e) Complete applications for reg- mitted Space Station List or market- istration will be placed on public no- access grant. tice for 30 days and automatically [56 FR 24016, May 28, 1991, as amended at 61 granted if no objection is submitted to FR 9952, Mar. 12, 1996; 62 FR 5929, Feb. 10, the Commission and served on the ap- 1997; 62 FR 64172, Dec. 4, 1997; 65 FR 58466, plicant. Additional pleadings are au- Sept. 29, 2000; 67 FR 12485, Mar. 19, 2002; 68 FR thorized in accordance with § 1.45 of 62249, Nov. 3, 2003; 68 FR 63999, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47795, Aug. 6, this chapter. 2004; 70 FR 32253, June 2, 2005; 78 FR 8421, (f) The registration of a receive-only Feb. 6, 2013; 79 FR 8318, Feb. 12, 2014; 81 FR earth station results in the listing of 55330, Aug. 18, 2016] an authorized frequency band at the location specified in the registration. In- § 25.132 Verification of earth station terference protection levels are those antenna performance. agreed to during coordination. (a)(1) Except as provided in para- (g) Reception of signals or program- graph (a)(2) of this section, applica- ming from non-U.S. satellites may be tions for transmitting earth stations in subject to restrictions as a result of the FSS, including feeder-link sta- international agreements or treaties. tions, must include a certification that The Commission will maintain public the applicant has reviewed the results information on the status of any such of a series of radiation pattern tests agreements. performed by the antenna manufac- (h) Registration term: Registrations turer on representative equipment in for receive-only earth stations gov- representative configurations, and the erned by this section will be issued for test results demonstrate that the a period of 15 years from the date on equipment meets relevant off-axis gain which the application was filed. Appli- standards in § 25.209, measured in ac- cations for renewals of registrations cordance with paragraph (b)(1) of this must be submitted on FCC Form 312R section. Applicants and licensees must (Application for Renewal of Radio Sta- be prepared to submit the radiation tion License in Specified Services) no pattern measurements to the Commis- earlier than 90 days and no later than sion on request.

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(2) Applicants that specify off-axis (d) For each new or modified trans- EIRP density pursuant to § 25.115(g)(1) mitting antenna over 3 meters in di- are exempt from the certification re- ameter, except antennas subject to quirement in paragraph (a)(1) of this measurement under § 25.138(d), the fol- section. lowing on-site verification measure- (b)(1) For purposes of paragraph (a)(1) ments must be completed at one fre- of this section and § 25.115(g)(1), the fol- quency on an available transponder in lowing measurements on a production each frequency band of interest and antenna performed on calibrated an- submitted to the Commission. tenna range must be made at the top (1) Co-polarized patterns in the ele- and bottom of each frequency band as- vation plane, plus and minus 7 degrees, signed for uplink transmission: in the transmit band. (i)(A) Co-polarized gain in the azimuth plane must be measured across a (2) Co-polarized patterns in the azi- range extending to 180° on each side of muth and elevation planes, plus and the main-lobe axis, and the measure- minus 7 degrees, in the receive band. ments must be represented in two (3) System cross-polarization discrimina- plots: one across the entire angular tion on-axis. The FCC envelope specified range of ±180° from the main-lobe axis in § 25.209 shall be superimposed on and the other across ±10° from the each pattern. The transmit patterns main-lobe axis. are to be measured with the aid of a co- (B) Co-polarized gain must be meas- operating earth station in coordination ured from 0° to 30° from beam peak in with the satellite system control cen- the elevation plane. ter under the provisions of § 25.272. (ii) Cross-polarization gain must be (e) Certification that the tests re- measured across a range of plus and quired by paragraph (c) of this section minus 7° from beam peak in the azi- have been satisfactorily performed muth and elevation planes. shall be provided to the Commission in (iii) Main beam gain. notification that construction of the (iv) For antennas with asymmetric facilities has been completed as re- apertures or beams, where the minor quired by § 25.133. axis of the antenna beam (major axis of (f) Antennas less than 3 meters in di- the antenna aperture) will not always be aligned parallel to the plane tangent ameter and antennas on simple (man- to the GSO arc, the measurements in ual) drive mounts that are operated at paragraphs (b)(1)(i) through (iii) of this a fixed site are exempt from the re- section must be made over the angular quirements of paragraphs (c) and (d) of ranges specified in paragraphs this section provided that a detailed (b)(1)(i)(A) and (B) of this section in technical showing is made that con- two orthogonal planes, with the an- firms proper installation, pointing pro- tenna oriented at the maximum skew cedures, and polarization alignment angle at which it will operate. and manufacturing quality control. (2) The relevant envelope specified in These showing must also include a plan § 25.209 must be superimposed on each for periodic testing and field installa- measured pattern. tion procedures and precautions. (c) The tests specified in paragraph (g) Records of the results of the tests (b) of this section are normally per- required by this section must be main- formed at the manufacturer’s facility; tained at the antenna site or the earth but for those antennas that are very station operator’s control center and large and only assembled on-site, on- be available for inspection. site measurements may be used for product qualification data. If on-site [58 FR 13419, Mar. 11, 1993, as amended at 69 data is to be used for qualification, the FR 5710, Feb. 6, 2004; 70 FR 32253, June 2, 2005; test frequencies and number of pat- 72 FR 50028, Aug. 29, 2007; 74 FR 47102, Sept. terns should follow, where possible, the 15, 2009; 74 FR 57098, Nov. 4, 2009; 78 FR 14926, recommendations in paragraph (b) of Mar. 8, 2013; 79 FR 8318, Feb. 12, 2014; 81 FR this section, and the test data is to be 55330, Aug. 18, 2016] submitted in the same manner as described in paragraph (a) of this section.

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§ 25.133 Period of construction; certifi- axis EIRP density levels. For any type cation of commencement of oper- of antenna whose performance was not ation. certified when the network commenced (a)(1) Each initial license for an earth operation, the licensee must submit station governed by this part, except the information and certification stat- for blanket licenses, will specify as a ed above for the antenna type when it condition therein the period in which is first deployed. construction of facilities must be com- (c) [Reserved] pleted and station operation com- (d) Each receiving earth station li- menced. Construction of the earth sta- censed or registered pursuant to § 25.131 tion must be completed and the station must be constructed and placed into must be brought into operation within service within 6 months after coordina- 12 months from the date of the license tion has been completed. Each licensee grant except as may be determined by or registrant must file with the Com- the Commission for any particular ap- mission a certification that the facility plication. (2) Operation of a network of earth is completed and operating as provided stations at unspecified locations under in paragraph (b) of this section, with an initial blanket license must com- the exception of certification of an- mence within 12 months from the date tenna patterns. of the license grant unless the Commis- [56 FR 24016, May 28, 1991, as amended at 58 sion orders otherwise. FR 68059, Dec. 23, 1993; 59 FR 53327, Oct. 21, (b)(1) Each initial license for a trans- 1994; 65 FR 59142, Oct. 4, 2000; 70 FR 32254, mitting earth station or modified li- June 2, 2005; 78 FR 8421, Feb. 6, 2013; 79 FR cense authorizing operation of an addi- 8318, Feb. 12, 2014; 81 FR 55330, Aug. 18, 2016] tional transmitting antenna, except for blanket licenses, will also specify as a § 25.134 [Reserved] condition therein that upon completion of construction, the licensee must file § 25.135 Licensing provisions for earth with the Commission a certification station networks in the non-voice, containing the following information: non-geostationary Mobile-Satellite (i) The name of the licensee; Service. (ii) File number of the application; (a) Each applicant for a blanket (iii) Call sign of the antenna; earth station license in the non-voice, (iv) Date of the license; non-geostationary mobile-satellite (v) A certification that the facility as service shall demonstrate that trans- authorized has been completed and ceiver operations will not cause unac- that each antenna has been tested and ceptable interference to other author- found to perform within authorized ized users of the spectrum, based on ex- gain patterns or off-axis EIRP density isting system information publicly levels; and available at the Commission at the (vi) The date when the earth station time of filing, and will comply with became operational. operational conditions placed upon the (vii) A statement that the station will remain operational during the li- systems with which they are to operate cense period unless the license is sub- in accordance with § 25.142(b). This mitted for cancellation. demonstration shall include a showing (2) For FSS earth stations authorized as to all the technical parameters, in- under a blanket license, the licensee cluding duty cycle and power limits, must notify the Commission when the under which the individual user earth station network commences op- transceivers will operate. eration. The notification should in- (b) [Reserved] clude the information described in (c) Transceiver units in this service paragraphs (b)(1)(i) through (iv) of this are authorized to communicate with section and a certification that each and through U.S.-authorized space sta- hub antenna, and a type of antenna tions only. used in remote stations in the network, has been tested and found to perform [58 FR 68059, Dec. 23, 1993, as amended at 69 within authorized gain patterns or off- FR 5710, Feb. 6, 2004; 79 FR 8319, Feb. 12, 2014]

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§ 25.136 [Reserved] United States can be considered con- temporaneously with other U.S. NGSO- § 25.137 Requests for U.S. market ac- like satellite systems pursuant to cess through non-U.S.-licensed § 25.157 and considered before later-filed space stations. applications of other U.S. satellite sys- (a) Earth station applicants request- tem operators, and a non-U.S.-licensed ing authority to communicate with a GSO-like satellite system seeking to non-U.S.-licensed space station and en- serve the United States can have its re- tities filing a petition for declaratory quest placed in a queue pursuant to ruling to access the United States mar- § 25.158 and considered before later-filed ket using a non-U.S.-licensed space sta- applications of other U.S. satellite sys- tion must attach an exhibit with their tem operators, if the non-U.S.-licensed FCC Form 312 demonstrating that U.S.- satellite system: licensed satellite systems have effec- (1) Is in orbit and operating; tive competitive opportunities to pro- (2) Has a license from another admin- vide analogous services in: istration; or (1) The country in which the non-U.S. (3) Has been submitted for coordina- licensed space station is licensed; and tion to the International Tele- (2) All countries in which commu- communication Union. nications with the U.S. earth station (d) Earth station applicants request- will originate or terminate. The appli- ing authority to communicate with a cant bears the burden of showing that non-U.S.-licensed space station and en- there are no practical or legal con- tities filing a petition for declaratory straints that limit or prevent access of ruling to access the United States mar- the U.S. satellite system in the rel- ket must demonstrate that the non- evant foreign markets. The exhibit re- U.S.-licensed space station has com- quired by this paragraph must also in- plied with all applicable Commission clude a statement of why grant of the requirements for non-U.S.-licensed sys- application is in the public interest. tems to operate in the United States, This paragraph shall not apply with re- including but not limited to the fol- spect to requests for authority to oper- lowing: ate using a non-U.S. licensed satellite (1) Milestones; that is licensed by or seeking a license (2) Reporting requirements; from a country that is a member of the (3) Any other applicable service rules; World Trade Organization for services (4) The surety bond requirement in covered under the World Trade Organi- § 25.165, for non-U.S.-licensed space sta- zation Basic Telecommunications tions that are not in orbit and oper- Agreement. ating. (b) Any request pursuant to para- (5) Recipients of U.S. market access graph (a) of this section must be filed for NGSO-like satellite operation that electronically through the Inter- have one market access request on file national Bureau Filing System and with the Commission in a particular must include an exhibit providing legal frequency band, or one granted market and technical information for the non- access request for an unbuilt NGSO- U.S.-licensed space station of the kind like system in a particular frequency that § 25.114 would require in a license band, will not be permitted to request application for that space-station, in- access to the U.S. market through an- cluding but not limited to, information other NGSO-like system in that fre- required to complete Schedule S. An quency band. applicant may satisfy this requirement (e) An entity requesting access to the by cross-referencing a pending applica- United States market through a non- tion containing the requisite informa- U.S.-licensed space station pursuant to tion or by citing a prior grant of au- a petition for declaratory ruling may thority to communicate via the space amend its request by submitting an ad- station in question in the same fre- ditional petition for declaratory ruling. quency bands to provide the same type Such additional petitions will be treat- of service. ed on the same basis as amendments (c) A non-U.S.-licensed NGSO-like filed by U.S. space station applicants satellite system seeking to serve the for purposes of determining the order

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in which the petitions will be consid- Organization Basic Telecommuni- ered relative to pending applications cations Agreement, the non-U.S.-li- and petitions. censed satellite operator will be re- (f) A non-U.S.-licensed space station quired to make the showing described operator that has been granted access in paragraph (a) of this section. to the United States market pursuant to a declaratory ruling may modify its [62 FR 64172, Dec. 4, 1997, as amended at 64 FR 61792, Nov. 15, 1999; 65 FR 16327, Mar. 28, U.S. operations under the procedures 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, set forth in §§ 25.117(d) and (h) and Aug. 27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR 25.118(e). 51587, Aug. 20, 2004; 78 FR 8422, Feb. 6, 2013; 81 (g) A non-U.S.-licensed satellite oper- FR 55331, Aug. 18, 2016] ator that has been permitted to serve the United States pursuant to a Peti- § 25.138 Licensing requirements for tion for Declaratory Ruling must no- GSO FSS earth stations in the con- tify the Commission if it plans to ventional Ka-band. transfer control or assign its license to (a) Applications for earth station li- another party, so that the Commission censes in the GSO FSS in the conven- can afford interested parties an oppor- tional Ka-band that indicate that the tunity to comment on whether the pro- following requirements will be met and posed transaction affects any of the include the information required by considerations we made when we al- relevant provisions in §§ 25.115 and lowed the satellite operator to enter 25.130 may be routinely processed: the U.S. market. If the transferee or (1) The EIRP density of co-polarized assignee is not licensed by or seeking a signals in the plane tangent to the GSO license from a country that is a mem- arc, as defined in § 25.103, will not ex- ber of the World Trade Organization for ceed the following values under clear services covered under the World Trade sky conditions:

32.5–25log(q) ...... dBW/MHz for 2.0° ≤ q ≤ 7°. 11.5 ...... dBW/MHz for 7° ≤ q ≤ 9.2° 35.5–25log(q) ...... dBW/MHz for 9.2° ≤ q ≤ 19.1° 3.5 ...... dBW/MHz for 19.1° < q ≤ 180°

Where: (2) In the plane perpendicular to the q is the angle in degrees from a line from the GSO arc, as defined in § 25.103, the earth station antenna to the assigned or- EIRP density of co-polarized signals bital location of the target satellite. will not exceed the following values under clear sky conditions:

35.5–25log(q) ...... dBW/MHz for 3.5° ≤ q ≤ 7° 14.4 ...... dBW/MHz for 7° < q ≤ 9.2° 38.5–25log(q) ...... dBW/MHz for 9.2° < q ≤ 19.1° 6.5 ...... dBW/MHz for 19.1° < q ≤ 180°

Where q is as defined in paragraph side of the line from the earth station (a)(1) of this section. to the target satellite. (3) The EIRP density levels specified (4) The EIRP density of cross-polar- in paragraphs (a)(1) and (2) of this sec- ized signals will not exceed the fol- tion may be exceeded by up to 3 dB, for lowing values in the plane tangent to the GSO arc or in the plane perpen- values of > 7°, over 10% of the range q dicular to the GSO arc under clear sky of theta ( ) angles from 7–180° on each q conditions:

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22.5–25log(q) ...... dBW/MHz for 2.0° < q ≤ 7.0°

Where q is as defined in paragraph § 25.139 NGSO FSS coordination and (a)(1) of this section. information sharing between (5) A license application for earth MVDDS licensees in the 12.2 GHz to station operation in a network using 12.7 GHz band. variable power density control of earth (a) NGSO FSS licensees shall main- stations transmitting simultaneously tain a subscriber database in a format in shared frequencies to the same tar- that can be readily shared with get satellite receiving beam may be MVDDS licensees for the purpose of de- routinely processed if the applicant termining compliance with the MVDDS certifies that the aggregate off-axis transmitting antenna spacing require- EIRP density from all co-frequency ment relating to qualifying existing earth stations transmitting simulta- NGSO FSS subscriber receivers set neously to the same target satellite re- forth in § 101.129 of this chapter. This ceiving beam, not resulting from col- information shall not be used for pur- liding data bursts transmitted pursu- poses other than set forth in § 101.129 of ant to a contention protocol, will not this chapter. Only sufficient informa- exceed the off-axis EIRP density limits tion to determine compliance with permissible for a single earth station, § 101.129 of this chapter is required. as specified in paragraphs (a)(1) (b) Within ten business days of re- through (a)(4) of this section. ceiving notification of the location of a (6) Power flux-density (PFD) at the proposed MVDDS transmitting an- Earth’s surface produced by emissions tenna, the NGSO FSS licensee shall from a space station for all conditions, provide sufficient information from the including clear sky, and for all meth- database to enable the MVDDS licensee ods of modulation shall not exceed a to determine whether the proposed level of ¥118 dBW/m2/MHz, in addition MVDDS transmitting site meets the to the limits specified in § 25.208 (d). minimum spacing requirement. (b) Operation with off-axis EIRP den- (c) If the location of the proposed sity exceeding a relevant envelope MVDDS transmitting antenna site does specified in paragraph (a) of this sec- not meet the separation requirements tion and applications proposing such of § 101.129 of this chapter, then the operation are subject to coordination NGSO FSS licensee shall also indicate requirements in § 25.220. to the MVDDS licensee within the (c)–(e) [Reserved] same ten day period specified in para- (f) The holder of a blanket license graph (b) of this section whether the pursuant to this section will be respon- proposed MVDDS transmitting site is sible for operation of any transceiver acceptable at the proposed location. to receive service provided by that li- (d) Nothing in this section shall pre- censee or provided by another party clude NGSO FSS and MVDDS licensees with the blanket licensee’s consent. from entering into an agreement to ac- Space station operators may not trans- cept MVDDS transmitting antenna lo- mit communications to or from user cations that are shorter-spaced from transceivers in the United States in existing NGSO FSS subscriber receiv- the 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35– ers than the distance set forth in 28.6 GHz, or 29.25–30.0 GHz band unless § 101.129 of this chapter. such communications are authorized under an FCC earth station license. [67 FR 43037, June 26, 2002, as amended at 68 FR 43945, July 25, 2003] [65 FR 54169, Sept. 7, 2000, as amended at 66 FR 63515, Dec. 7, 2001; 68 FR 16966, Apr. 8, 2003; 69 FR 5710, Feb. 6, 2004; 73 FR 70900, Nov. 24, 2008; 79 FR 8319, Feb. 12, 2014; 81 FR 55331, Aug. 18, 2016]

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SPACE STATIONS of authorized co-frequency space stations at assigned locations within six § 25.140 Further requirements for li- degrees of the orbital location of the cense applications for GSO space proposed space station and except as station operation in the FSS and the 17/24 GHz BSS. provided in paragraph (d) of this section. (a)(1) In addition to the information (ii) With respect to proposed oper- required by § 25.114, an applicant for ation in the conventional or extended GSO FSS space station operation in- Ku-bands, a certification that volving transmission of analog video signals must certify that the proposed downlink EIRP density will not exceed analog video operation has been coordi- 14 dBW/4kHz for digital transmissions nated with operators of authorized co- or 17 dBW/4kHz for analog trans- frequency space stations within six de- missions and that associated uplink op- grees of the requested orbital location. eration will not exceed applicable (2) In addition to the information re- EIRP density envelopes in § 25.218, quired by § 25.114, an applicant for GSO § 25.222(a)(1), § 25.226(a)(1), or FSS space station operation at an or- § 25.227(a)(1) unless the non-routine bital location less than two degrees uplink and/or downlink operation is co- from the assigned location of an au- ordinated with operators of authorized thorized co-frequency GSO space sta- co-frequency space stations at assigned tion must either certify that the pro- locations within six degrees of the or- posed operation has been coordinated bital location of the proposed space with the operator of the co-frequency station and except as provided in para- space station or submit an interference graph (d) of this section. analysis demonstrating the compat- (iii) With respect to proposed oper- ibility of the proposed system with the ation in the conventional Ka-band, a co-frequency space station. Such an certification that the proposed space analysis must include, for each type of station will not generate power flux- radio frequency carrier, the link noise density at the Earth’s surface in excess budget, modulation parameters, and of ¥118 dBW/m2/MHz and that associ- overall link performance analysis. (See ated uplink operation will not exceed Appendices B and C to Licensing of applicable EIRP density envelopes in Space Stations in the Domestic Fixed- Satellite Service, FCC 83–184, and the § 25.138(a) unless the non-routine uplink following public notices, copies of and/or downlink operation is coordi- which are available in the Commis- nated with operators of authorized co- sion’s EDOCS database: DA 03–3863 and frequency space stations at assigned lo- DA 04–1708.) The provisions in this cations within six degrees of the or- paragraph do not apply to proposed bital location and except as provided in analog video operation, which is subparagraph (d) of this section. ject to the requirement in paragraph (iv) With respect to proposed oper- (a)(1) of this section. ation in the 4500–4800 MHz (space-to- (3) In addition to the information re- Earth), 6725–7025 MHz (Earth-to-space), quired by § 25.114, an applicant for a 10.70–10.95 GHz (space-to-Earth), 11.20– GSO FSS space station must provide 11.45 GHz (space-to-Earth), and/or 12.75– the following for operation other than 13.25 GHz (Earth-to-space) bands, a analog video operation: statement that the proposed operation (i) With respect to proposed oper- will take into account the applicable ation in the conventional or extended requirements of Appendix 30B of the C-bands, a certification that downlink ITU Radio Regulations (incorporated EIRP density will not exceed 3 dBW/ by reference, see § 25.108) and a dem- 4kHz for digital transmissions or 8 onstration that it is compatible with dBW/4kHz for analog transmissions and other U.S. ITU filings under Appendix that associated uplink operation will 30B. not exceed applicable EIRP density envelopes in § 25.218 or § 25.221(a)(1) unless the non-routine uplink and/or downlink operation is coordinated with operators

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(v) With respect to proposed oper- ference analysis of the kind described ation in other FSS bands, an inter- in paragraph (a) of this section, except ference analysis demonstrating com- that the applicant must demonstrate patibility with any previously author- the compatibility of its proposed net- ized co-frequency space station at a lo- work with any current or future au- cation two degrees away or a certifi- thorized space stations in the 17/24 GHz cation that the proposed operation has BSS that are operating in compliance been coordinated with the operator(s) with the technical rules of this part of the previously authorized space sta- and that will be located at least four tion(s). If there is no previously au- degrees from the applicant’s proposed thorized space station at a location space station; two degrees away, the applicant must (ii) In cases where there is a pre- submit an interference analysis dem- viously licensed or proposed 17/24 GHz onstrating compatibility with a hypo- BSS space station to be located within thetical co-frequency space station two four degrees of the applicant’s proposed degrees away with the same receiving space station, the applicant must pro- and transmitting characteristics as the vide an interference analysis of the proposed space station. kind described in paragraph (a) of this (b) Each applicant for a license for a section, except that the applicant must 17/24 GHz Broadcasting-Satellite Serv- demonstrate that its proposed network ice space station must provide the fol- will not cause more interference to the lowing information, in addition to that adjacent 17/24 GHz BSS satellite net- required by § 25.114: works operating in compliance with (1)–(2) [Reserved] the technical requirements of this part, (3) Except as described in paragraph than if the applicant were located at (b)(5) of this section, an applicant for a the precise Appendix F orbital location license to operate a 17/24 GHz BSS from which it seeks to offset; space station that will be located pre- (iii) In cases where there is no precisely at one of the 17/24 GHz BSS or- viously licensed or proposed 17/24 GHz bital locations specified in Appendix F BSS space station to be located within of the Report and Order adopted May 2, four degrees of the applicant’s proposed 2007, IB Docket No. 06–123, FCC 07–76, space station, and the applicant does must certify that the downlink power not seek to operate pursuant to flux density on the Earth’s surface will § 25.262(b) of this part, the applicant not exceed the values specified in must provide an interference analysis § 25.208(w), and that the associated feed- of the kind described in paragraph (a) er-link earth station transmissions will of this section, except that the appli- not exceed the EIRP density limits in cant must demonstrate that its pro- § 25.223(c) unless the non-conforming posed operations will not cause more uplink operation is coordinated with interference to any current or future other affected 17/24 GHz BSS systems 17/24 GHz BSS satellite networks oper- in accordance with § 25.223(c). ating in compliance with the technical (4) Except as described in paragraph requirements of this part, than if the (b)(5) of this section, an applicant for a applicant were located at the precise license to operate a 17/24 GHz BSS Appendix F orbital location from which space station that will not be located it seeks to offset. precisely at one of the nominal 17/24 (5) An applicant for a license to oper- GHz BSS orbital locations specified in ate a 17/24 GHz BSS space station, in Appendix F of the Report and Order cases where there is a previously li- adopted May 2, 2007, IB Docket No. 06– censed or proposed space station oper- 123, FCC 07–76, must make one of the ating pursuant to § 25.262(b) of this part following showings: located within four degrees of the ap- (i) In cases where there is no pre- plicant’s proposed 17/24 GHz BSS space viously licensed or proposed space sta- station, must provide an interference tion to be located closer than four de- analysis of the kind described in para- grees from the applicant’s space sta- graph (a) of this section, except that tion, and the applicant seeks to oper- the applicant must demonstrate that ate pursuant to § 25.262(b) of this part, its proposed operations will not cause the applicant must provide an inter- more interference to the adjacent 17/24

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GHz BSS satellite network than if the notify the Commission of its non-rou- adjacent space station were located tine transmission levels and be relieved four degrees from the applicant’s space of the obligation to coordinate such station. levels with later applicants and peti- (6) In addition to the requirements of tioners. paragraphs (b)(3), (b)(4), and (b)(5) of (1) The letter notification must in- this section, the link budget for any clude the downlink off-axis EIRP den- satellite in the 17/24 GHz BSS must sity levels or power flux density levels take into account longitudinal and/or uplink off-axis EIRP density stationkeeping tolerances and, where levels, specified per frequency range appropriate, any existing orbital loca- and space station antenna beam, that tion offsets from the 17/24 GHz BSS or- exceed the relevant routine limits set bital locations of the adjacent prior- forth in paragraphs (a)(3)(i) through authorized 17/24 GHz BSS space sta- (iii) of this section and § 25.138(a), tions. In addition, any 17/24 GHz BSS § 25.218, § 25.221(a)(1), § 25.222(a)(1), satellite applicant that has reached a § 25.226(a)(1), or § 25.227(a)(1). coordination agreement with an oper- (2) The notification will be placed on ator of another 17/24 GHz BSS satellite public notice pursuant to § 25.151(a)(11). to allow that operator to exceed the (3) Non-routine transmissions noti- pfd levels specified in the rules for this fied pursuant to this paragraph (d) service, must use those higher pfd lev- need not be coordinated with operators els for the purposes of this showing. of authorized co-frequency space sta- (c) Operators of satellite networks tions that filed their complete applica- using 17/24 GHz BSS space stations tions or petitions after the date of fil- must design their satellite networks to ing of the notification with the Com- be capable of operating with another mission. Such later applicants and pe- 17/24 GHz BSS space station as follows: titioners must accept any additional (1) Except as described in paragraphs interference caused by the notified (b)(4)(ii) and (b)(4)(iii) of this section, non-routine transmissions. all satellite network operators using (4) An operator of a replacement 17/24 GHz BSS space stations must de- space station, as defined in § 25.165(e), sign their satellite networks to be ca- may operate with non-routine trans- pable of operating with another 17/24 mission levels to the extent permitted GHz BSS space station as close as four under paragraph (d)(3) of this section degrees away. for the replaced space station. (2) Satellite network operators lo- (e)–(g) [Reserved] cated less than four degrees away from a space station to be operated pursuant [62 FR 5929, Feb. 10, 1997, as amended at 68 to § 25.262(b) of this part must design FR 51504, Aug. 27, 2003; 72 FR 50028, Aug. 29, their satellite networks to be capable 2007; 72 FR 60279, Oct. 24, 2007; 78 FR 8422, of operating with that adjacent 17/24 Feb. 6, 2013; 79 FR 8319, Feb. 12, 2014; 79 FR 44312, July 31, 2014; 81 FR 55332, Aug. 18, 2016] GHz BSS space station. (3) Satellite network operators using EFFECTIVE DATE NOTE: At 79 FR 44312, July 17/24 GHz BSS space stations located at 31, 2014, the amendatory instruction at 79 FR an orbital location other than those 8319, Feb. 12, 2014, was corrected by adding specified in Appendix F of the Report ‘‘revise paragraph (b) introductory text’’. This text contains information collection and Order adopted May 2, 2007, IB and recordkeeping requirements and will not Docket No. 06–123, FCC 07–76, and that become effective until approval has been are not operating pursuant to § 25.262(b) given by the Office of Management and of this part, must design their satellite Budget. networks to be capable of operating with another 17/24 GHz BSS space sta- § 25.142 Licensing provisions for the tion closer than four degrees away, as non-voice, non-geostationary Mo- a result of the operator’s offset posi- bile-Satellite Service. tion. (a) Space station application require- (d) An operator of a GSO FSS space ments. (1) Each application for a space station in the conventional or extended station system authorization in the C-bands, conventional or extended Ku- non-voice, non-geostationary mobile- bands, or conventional Ka-band may satellite service shall describe in detail

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the proposed non-voice, non-geo- (4) [Reserved] stationary mobile-satellite system, (b) Operating conditions. In order to setting forth all pertinent technical ensure compatible operations with au- and operational aspects of the system, thorized users in the frequency bands and the technical and legal qualifica- to be utilized for operations in the non- tions of the applicant. In particular, voice, non-geostationary mobile-sat- each application shall include the in- ellite service, non-voice, non-geo- formation specified in § 25.114. Appli- stationary mobile-satellite service sys- cants must also file information dem- tems must operate in accordance with onstrating compliance with all require- the conditions specified in this section. ments of this section, and showing, (1) Service limitation. Voice services based on existing system information may not be provided. publicly available at the Commission (2) Coordination requirements with at the time of filing, that they will not Federal government users. cause unacceptable interference to any (i) The frequency bands allocated for non-voice, non-geostationary mobile- use by the non-voice, non-geo- satellite service system authorized to stationary mobile-satellite service are construct or operate. also authorized for use by agencies of (2) Applicants for a non-voice, non- the Federal government. The Federal geostationary Mobile-Satellite Service use of frequencies in the non-voice, space station license must identify the non-geostationary mobile-satellite power flux density produced at the service frequency bands is under the Earth’s surface by each space station regulatory jurisdiction of the National of their system in the 137–138 MHz and Telecommunications and Information 400.15–401 MHz bands, to allow deter- Administration (NTIA). mination of whether coordination with (ii) The Commission will use its ex- terrestrial services is required under isting procedures for liaison with NTIA any applicable footnote to the Table of to reach agreement with respect to Frequency Allocations in § 2.106 of this achieving compatible operations be- chapter. In addition, applicants must tween Federal Government users under identify the measures they would em- the jurisdiction of NTIA and non-voice, ploy to protect the radio astronomy non-geostationary Mobile-Satellite service in the 150.05–153 MHz and 406.1– Service systems (including user 410 MHz bands from harmful inter- transceivers subject to blanket licens- ference from unwanted emissions. ing under § 25.115(d)) through the fre- (3) Emission limitations. (i) Appli- quency assignment and coordination cants in the non-voice, non-geo- practices established by NTIA and the stationary mobile-satellite service Interdepartment Radio Advisory Com- shall show that their space stations mittee (IRAC). In order to facilitate will not exceed the emission limita- such frequency assignment and coordi- tions of § 25.202(f) (1), (2) and (3), as cal- nation, applicants shall provide the culated for a fixed point on the Earth’s Commission with sufficient informa- surface in the plane of the space station to evaluate electromagnetic com- tion’s orbit, considering the worst-case patibility with the Federal government frequency tolerance of all frequency use of the spectrum, and any additional determining components, and max- information requested by the Commis- imum positive and negative Doppler sion. As part of the coordination proc- shift of both the uplink and downlink ess, applicants shall show that they signals, taking into account the sys- will not cause unacceptable inter- tem design. ference to authorized Federal govern- (ii) Applicants in the non-voice, non- ment users, based upon existing system geostationary mobile-satellite service information provided by the Govern- shall show that no signal received by ment. The frequency assignment and their satellites from sources outside of coordination of the satellite system their system shall be retransmitted with Federal Government users shall with a power flux density level, in the be completed prior to grant of author- worst 4 kHz, higher than the level de- ization. scribed by the applicants in paragraph (iii) The Commission shall also co- (a)(2) of this section. ordinate with NTIA/IRAC with regard

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to the frequencies to be shared by or operate space segment or earth sta- those earth stations of non-voice, non- tions in the non-voice, non-geosynchro- geostationary mobile-satellite service nous mobile-satellite service, or to systems that are not subject to blanket interchange traffic, which is denied to licensing under § 25.115(d), and author- any other United States company by ized Federal government stations in reason of any concession, contract, un- the fixed and mobile services, through derstanding, or working arrangement the exchange of appropriate systems to which the licensee or any persons or information. companies controlling or controlled by (3) Coordination among non-voice, the licensee are parties. non-geostationary mobile-satellite service systems. Applicants for author- [58 FR 68060, Dec. 23, 1993, as amended at 62 ity to establish non-voice, non-geo- FR 5930, Feb. 10, 1997; 62 FR 59295, Nov. 3, 1997; 68 FR 51504, Aug. 27, 2003; 78 FR 8422, stationary mobile-satellite service sys- Feb. 6, 2013; 79 FR 8320, Feb. 12, 2014; 81 FR tems are encouraged to coordinate 55333, Aug. 18, 2016] their proposed frequency usage with existing permittees and licensees in § 25.143 Licensing provisions for the the non-voice, non-geostationary mo- 1.6/2.4 GHz Mobile-Satellite Service bile-satellite service whose facilities and 2 GHz Mobile-Satellite Service. could be affected by the new proposal (a) Authority to launch and operate a in terms of frequency interference or constellation of NGSO satellites will be restricted system capacity. All affected granted in a single blanket license for applicants, permittees, and licensees operation of a specified number of shall, at the direction of the Commis- space stations in specified orbital sion, cooperate fully and make every planes. An individual license will be reasonable effort to resolve technical issued for each GSO satellite, whether problems and conflicts that may in- it is to be operated in a GSO-only sys- hibit effective and efficient use of the tem or in a GSO/NGSO hybrid system. radio spectrum; however, the permittee (b) Qualification Requirements—(1) or licensee being coordinated with is General Requirements. Each application not obligated to suggest changes or re- for a space station system authoriza- engineer an applicant’s proposal in tion in the 1.6/2.4 GHz Mobile-Satellite cases involving conflicts. Service or 2 GHz Mobile-Satellite Serv- (4) Safety and distress communications. Stations operating in the non- ice must include the information speci- voice, non-geostationary mobile-sat- fied in § 25.114. Applications for non- ellite service that are used to comply U.S.-licensed systems must comply with any statutory or regulatory with the provisions of § 25.137. equipment carriage requirements may (2) Technical qualifications. In addi- also be subject to the provisions of section to providing the information spec- tions 321(b) and 359 of the Communica- ified in paragraph (b)(1) of this section, tions Act of 1934, as amended. Licens- each applicant and petitioner must ees are advised that these provisions demonstrate the following: give priority to radio communications (i) That a proposed system in the 1.6/ or signals relating to ships in distress 2.4 GHz MSS frequency bands employs and prohibit a charge for the trans- a non-geostationary constellation or mission of maritime distress calls and constellations of satellites; related traffic. (ii) That a system proposed to oper- (c) [Reserved] ate using non-geostationary satellites (d) Prohibition of certain agreements. be capable of providing Mobile-Sat- No license shall be granted to any ap- ellite Service to all locations as far plicant for a non-voice, non-geo- north as 70° North latitude and as far stationary mobile-satellite service sys- south as 55° South latitude for at least tem if that applicant, or any compa- 75% of every 24-hour period, i.e., that nies controlling or controlled by the at least one satellite will be visible applicant, shall acquire or enjoy any above the horizon at an elevation angle right, for the purpose of handling traf- of at least 5° for at least 18 hours each fic to or from the United States, its day within the described geographic territories or possessions, to construct area;

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(iii) That a system proposed to oper- reason of any concession, contract, un- ate using non-geostationary satellites derstanding, or working arrangement be capable of providing Mobile-Sat- to which the Licensee or any persons ellite Service on a continuous basis or companies controlling or controlled throughout the fifty states, Puerto by the Licensee are parties. Rico and the U.S. Virgin Islands, i.e., that at least one satellite will be visi- [59 FR 53328, Oct. 21, 1994, as amended at 61 ble above the horizon at an elevation FR 9945, Mar. 12, 1996; 62 FR 5930, Feb. 10, ° 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, angle of at least 5 at all times within June 5, 2003; 68 FR 47858, Aug. 12, 2003; 68 FR the described geographic areas; and 51504, Aug. 27, 2003; 70 FR 59277, Oct. 12, 2005; (iv) That a system only using geo- 78 FR 8267, Feb. 5, 2013; 78 FR 8422, Feb. 6, stationary orbit satellites, at a min- 2013; 79 FR 8320, Feb. 12, 2014; 81 FR 55333, imum, be capable of providing Mobile- Aug. 18, 2016] Satellite Service on a continuous basis throughout the 50 states, Puerto Rico, § 25.144 Licensing provisions for the and the U.S. Virgin Islands, if tech- 2.3 GHz satellite digital audio radio nically feasible. service. (v) That operations will not cause un- (a) Qualification Requirements: acceptable interference to other au- (1) [Reserved] thorized users of the spectrum. In par- (2) General Requirements: Each ap- ticular, each application in the 1.6/2.4 plication for a system authorization in GHz frequency bands shall demonstrate the satellite digital audio radio service that the space station(s) comply with in the 2310–2360 MHz band shall de- the requirements specified in § 25.213. scribe in detail the proposed satellite (c) Safety and distress communications. digital audio radio system, setting (1) Stations operating in the 1.6/2.4 GHz forth all pertinent technical and oper- Mobile-Satellite Service and 2 GHz Mo- ational aspects of the system, and the bile-Satellite Service that are volun- technical, legal, and financial quali- tarily installed on a U.S. ship or are fications of the applicant. In par- used to comply with any statute or ticular, applicants must file informa- regulatory equipment carriage require- tion demonstrating compliance with ments may also be subject to the re- § 25.114 and all of the requirements of quirements of sections 321(b) and 359 of this section. the Communications Act of 1934. Li- (3) Technical Qualifications: In addi- censees are advised that these provi- tion to the information specified in sions give priority to radio commu- paragraph (a)(1) of this section, each nications or signals relating to ships in applicant shall: distress and prohibits a charge for the transmission of maritime distress calls (i) Demonstrate that its system will, and related traffic. at a minimum, service the 48 contig- (2) Licensees offering distress and uous states of the United States (full safety services should coordinate with CONUS); the appropriate search and rescue orga- (ii) Certify that its satellite DARS nizations responsible for the licensees system includes a receiver that will service area. permit end users to access all licensed (d) Prohibition of certain agree- satellite DARS systems that are oper- ments. No license shall be granted to ational or under construction; and any applicant for a space station in the (b) Milestone requirements. Each ap- Mobile-Satellite Service operating at plicant for system authorization in the 1610–1626.5 MHz/2483.5–2500 MHz if that satellite digital audio radio service applicant, or any persons or companies must demonstrate within 10 days after controlling or controlled by the appli- a required implementation milestone cant, shall acquire or enjoy any right, as specified in the system authoriza- for the purpose of handling traffic to or tion, and on the basis of the docu- from the United States, its territories mentation contained in its application, or possession, to construct or operate certify to the Commission by affidavit space segment or earth stations, or to that the milestone has been met or no- interchange traffic, which is denied to tify the Commission by letter that it any other United States company by has not been met. At its discretion, the

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Commission may require the submis- modifying any existing, terrestrial re- sion of additional information (sup- peater, notify potentially affected WCS ported by affidavit of a person or per- licensees pursuant to the procedure set sons with knowledge thereof) to dem- forth in § 25.263. onstrate that the milestone has been (4) SDARS terrestrial repeaters are met. The satellite DARS milestones restricted to the simultaneous retrans- are as follows, based on the date of au- mission of the complete programming, thorization: and only that programming, trans- (1) One year: Complete contracting mitted by the SDARS licensee’s sat- for construction of first space station ellite(s) directly to the SDARS licens- or begin space station construction; ee’s subscribers’ receivers, and may not (2) Two years: If applied for, complete be used to distribute any information contracting for construction of second not also transmitted to all subscribers’ space station or begin second space sta- receivers. tion construction; (5) Operators of SDARS terrestrial (3) Four years: In orbit operation of repeaters are prohibited from using at least one space station; and those repeaters to retransmit different (4) Six years: Full operation of the transmissions from a satellite to dif- satellite system. ferent regions within that satellite’s (c) [Reserved] coverage area. (d) The license term for each digital (6) Operators of SDARS terrestrial audio radio service satellite and any repeaters are required to comply with associated terrestrial repeaters is spec- all applicable provisions of part 1, sub- ified in § 25.121. part I, and part 17 of this chapter. (e) SDARS Terrestrial Repeaters. (1) (7)(i) Each SDARS terrestrial re- Only entities holding or controlling peater transmitter utilized for oper- SDARS space station licenses may con- ation under this paragraph must be of struct and operate SDARS terrestrial a type that has been authorized by the repeaters and such construction and Commission under its certification pro- operation is permitted only in conjunc- cedure. tion with at least one SDARS space (ii) In addition to the procedures set station that is concurrently authorized forth in subpart J of part 2 of this and transmitting directly to subchapter, power measurements for scribers. SDARS repeater transmitters may be (2) SDARS terrestrial repeaters will made in accordance with a Commis- be eligible for blanket licensing only sion-approved average power tech- under the following circumstances: nique. Peak-to-average power ratio (i) The SDARS terrestrial repeaters (PAPR) measurements for SDARS re- will comply with all applicable power peater transmitters should be made limits set forth in § 25.214(d)(1) of this using either an instrument with com- chapter and all applicable out-of-band plementary cumulative distribution emission limits set forth in § 25.202(h)(1) function (CCDF) capabilities to deter- and (h)(2). mine that the PAPR will not exceed 13 (ii) The SDARS terrestrial repeaters dB for more than 0.1 percent of the will meet all applicable requirements time or another Commission approved in part 1, subpart I, and part 17 of this procedure. The measurement must be chapter. Operators of SDARS terres- performed using a signal corresponding trial repeaters must maintain dem- to the highest PAPR expected during onstrations of compliance with part 1, periods of continuous transmission. subpart I, of this chapter and make (iii) Any manufacturer of radio trans- such demonstrations available to the mitting equipment to be used in these Commission upon request within three services may request equipment au- business days. thorization following the procedures (iii) The SDARS terrestrial repeaters set forth in subpart J of part 2 of this will comply with all requirements of chapter. Equipment authorization for all applicable international agree- an individual transmitter may be re- ments. quested by an applicant for a station (3) After May 20, 2010, SDARS licens- authorization by following the proce- ees shall, before deploying any new, or dures set forth in part 2 of this chapter.

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(8) Applications for blanket author- covering a specified number of space ity to operate terrestrial repeaters stations to operate in a specified num- must be filed using Form 312, except ber of orbital planes. that Schedule B to Form 312 need not (c) In addition to providing the infor- be filed. Such applications must also mation specified in § 25.114, each non- include the following information as an geostationary satellite orbit applicant attachment: shall demonstrate the following: (i) The space station(s) with which (1) That the proposed system is capa- the terrestrial repeaters will commu- ble of providing Fixed-Satellite Service nicate, the frequencies and emission to all locations as far north as 70° designators of such communications, North Latitude and as far south as 55° and the frequencies and emission des- South Latitude for at least 75% of ignators used by the repeaters to re- every 24-hour period; and transmit the received signals. (2) That the proposed system is capa- (ii) The maximum number of terres- ble of providing Fixed-Satellite Service trial repeaters that will be deployed on a continuous basis throughout the under the authorization at 1) power fifty states, Puerto Rico and the U.S. levels equal to or less than 2-watt aver- Virgin Islands. age EIRP, and 2) power levels greater (3) [Reserved] than 2-watt average EIRP (up to 12-kW (d) [Reserved] average EIRP). (e) Prohibition of certain agreements. (iii) A certification of compliance No license shall be granted to any ap- with the requirements of § 25.144(e)(1) plicant for a space station in the FSS through (7). operating in portions of the 18.3–20.2 (9) SDARS terrestrial repeaters that GHz and 28.35–30.0 GHz bands if that ap- are ineligible for blanket licensing plicant, or any persons or companies must be authorized on a site-by-site controlling or controlled by the appli- basis. Applications for site-by-site au- cant, shall acquire or enjoy any right, thorization must be filed using Form for the purpose of handling traffic to or 312, except that Schedule B need not be from the United States, its territories provided. Such applications must also or possessions, to construct or operate include the following information, as space segment or earth stations, or to an attachment: interchange traffic, which is denied to (i) The technical information for any other United States company by reason of any concession, contract, un- each repeater required to be shared derstanding, or working arrangement with potentially affected WCS licens- to which the Licensee or any persons ees as part of the notification require- or companies controlling or controlled ment set forth in § 25.263(c)(2). by the Licensee are parties. (ii) The space station(s) with which the terrestrial repeaters will commu- [62 FR 61456, Nov. 18, 1997, as amended at 65 nicate, the frequencies and emission FR 54171, Sept. 7, 2000; 66 FR 63515, Dec. 7, designators of such communications, 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, and the frequencies and emission des- Apr. 8, 2003; 68 FR 51505, Aug. 27, 2003; 68 FR 59129, Oct. 14, 2003; 70 FR 59277, Oct. 12, 2005; ignators used by the repeaters to re- 78 FR 8423, Feb. 6, 2013; 79 FR 8320, Feb. 12, transmit the received signals. 2014; 81 FR 55333, Aug. 18, 2016] [62 FR 11105, Mar. 11, 1997, as amended at 68 FR 51504, Aug. 27, 2003; 70 FR 32254, June 2, § 25.146 Licensing and operating rules 2005; 75 FR 45067, Aug. 2, 2010; 79 FR 8320, Feb. for the NGSO FSS in the 10.7–14.5 12, 2014] GHz bands. (a) A comprehensive technical show- § 25.145 Licensing provisions for the ing shall be submitted for the proposed FSS in the 18.3–20.2 GHz and 28.35– non-geostationary satellite orbit 30.0 GHz bands. Fixed-Satellite Service (NGSO FSS) (a) [Reserved] system in the 10.7–14.5 GHz bands. The (b) System License. Applicants author- technical information shall dem- ized to construct and launch a system onstrate that the proposed NGSO FSS of technically identical non-geo- system would not exceed the validation stationary satellite orbit satellites will equivalent power flux-density (EPFD) be awarded a single ‘‘blanket’’ license limits as specified in § 25.208 (g), (k),

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and (l) for EPFDdown, and EPFDup. If the identified in paragraph (a)(1)(iii) of this technical demonstration exceeds the section. validation EPFD limits at any test (v) Provide the result, the cumu- points within the U.S. for domestic lative probability distribution function service and at any points outside of the of EPFD, of the execution of the com- U.S. for international service or at any puter program described in paragraph points in the geostationary satellite (a)(1)(iii) of this section by using only orbit, as appropriate, the application the input parameters contained in would be unacceptable for filing and paragraphs (a)(1)(i) and (a)(1)(iv) of this will be returned to the applicant with a section. brief statement identifying the non- (2) Single-entry additional operational compliance technical demonstration. equivalent power flux-density, in the The technical showing consists of the Earth-to-space direction, (additional oper- following: ational EPFDup) limits. (i) Provide a set (1) Single-entry validation equivalent of NGSO FSS earth station maximum power flux-density, in the space-to-Earth equivalent isotropically radiated power direction, (EPFDdown) limits. (i) Provide a (EIRP) masks as a function of the offset of power flux-density (PFD) masks, axis angle generated by an NGSO FSS on the surface of the Earth, for each earth station. The maximum EIRP space station in the NGSO FSS system. mask shall be generated in accordance The PFD masks shall be generated in with the specification stipulated in the accordance with the specification stip- most recent version of ITU–R Rec- ulated in the most recent version of ommendation S.1503. In particular, the ITU–R S.1503–2 (incorporated by ref- results of calculations encompass what erence, see § 25.108). In particular, the would be radiated regardless of the PFD masks must encompass the power earth station transmitter power re- flux-density radiated by the space sta- source allocation and traffic/beam tion regardless of the satellite trans- switching strategy are used at different mitter power resource allocation and periods of an NGSO FSS system’s life. traffic/beam switching strategy that The EIRP masks shall be in an elec- are used at different periods of a NGSO tronic form that can be accessed by the FSS system’s life. The PFD masks computer program specified in para- shall also be in an electronic form that graph (a)(2)(iii) of this section. can be accessed by the computer program specified in paragraph (a)(1)(iii) (ii) Identify and describe in detail the of this section. assumptions and conditions used in (ii) Identify and describe in detail the generating the maximum earth station assumptions and conditions used in e.i.r.p. mask. generating the power flux-density (iii) If a computer program that has masks. been approved by the ITU for deter- (iii) If a computer program that has mining compliance with the single- been approved by the ITU for deter- entry EPFDup validation limits is not mining compliance with the single- yet available, the applicant shall provide a computer program for the sin- entry EPFDdown validation limits is not yet available, the applicant shall pro- gle-entry EPFDup validation computa- vide a computer program for the sin- tion, including both the source code gle-entry EPFDdown validation com- and the executable file. This computer putation, including both the source program shall be developed in accord- code and the executable file. This com- ance with the specification stipulated puter program shall be developed in ac- in the most recent version of Rec- cordance with the specification stipu- ommendation ITU–R S.1503. If the ap- lated in the most recent version of Rec- plicant uses the ITU approved soft- ommendation ITU–R S.1503. If the ap- ware, the applicant shall indicate the plicant uses the ITU approved soft- program name and the version used. ware, the applicant shall indicate the (iv) Identify and describe in detail program name and the version used. the necessary input parameters for the (iv) Identify and describe in detail execution of the computer program the necessary input parameters for the identified in paragraph (a)(2)(iii) of this execution of the computer program section.

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(v) Provide the result of the execu- (ii) Identify and describe in detail the tion of the computer program described assumptions and conditions used in in paragraph (a)(2)(iii) of this section generating the anticipated operational by using only the input parameters power flux-density masks. contained in paragraphs (a)(2)(i) and (iii) Provide a computer program for (a)(2)(iv) of this section. the single-entry additional operational (b) Ninety days prior to the initi- EPFDdown verification computation, ination of service to the public, the cluding both the source code and the NGSO FSS system licensee shall sub- executable file. This computer program mit a comprehensive technical showing could be developed by using the method for the non-geostationary satellite specified in the most recent version of orbit Fixed-Satellite Service (NGSO ITU–R Recommendation S.1503. FSS) system in the 10.7–14.5 GHz bands. (iv) Identify and describe in detail The technical information shall dem- the necessary input parameters for the onstrate that the NGSO FSS system is execution of the additional operational expected not to operate in excess of the EPFDdown verification computer program identified in paragraph (b)(1)(iii) additional operational EPFDdown limits and the operational EPFD limits as of this section. down (v) Provide the result, the cumu- specified in § 25.208(i) and (j), and notes lative probability distribution function 2 and 3 to Table 1L in § 25.208(l). If the of EPFD, of the execution of the technical demonstration exceeds the verification computer program de- additional operational EPFD limits down scribed in paragraph (b)(1)(iii) of this or the operational EPFD limits at down section by using only the input param- any test points within the United eters contained in paragraphs (b)(1)(i) States for domestic service and at any and (iv) of this section for each of the test points outside of the United States submitted test points provided by the for international service, the NGSO Commission. These test points are FSS system licensee shall not initiate based on information from U.S.-li- service to the public until the defi- censed geostationary satellite orbit ciency has been rectified by reducing Fixed-Satellite Service and Broad- satellite transmission power or other casting-Satellite Service operators in adjustments. This must be substan- the 10.7–14.5 GHz bands. Each U.S.-li- tiated by subsequent technical censed geostationary satellite orbit showings. The technical showings con- Fixed-Satellite Service and Broad- sist of the following: casting-Satellite Service operator in (1) Single-entry additional operational the 10.7–14.5 GHz bands may submit up equivalent power flux-density, in the to 10 test points for this section con- space-to-Earth direction, (additional oper- taining the latitude, longitude, alti- ational EPFDdown) limits. (i) Provide a tude, azimuth, elevation angle, an- set of anticipated operational power tenna size, efficiency to be used by flux density (PFD) masks, on the sur- non-geostationary satellite orbit face of the Earth, for each space sta- Fixed-Satellite Service licensees in the tion in the NGSO FSS system. The an- 10.7–14.5 GHz bands during the upcom- ticipated operational PFD masks could ing year. be generated by using the method spec- (2) Operational equivalent power ified in the most recent version of ITU– flux-density, space-to-Earth direction, R Recommendation S.1503. In par- (operational EPFDdown) limits. Using ticular, the anticipated operational the information contained in (b)(1) of PFD mask shall take into account the this section plus the measured space expected maximum traffic loading dis- station antenna patterns, provide the tributions and geographic specific result of the execution of the computer scheduling of the actual measured simulation for the anticipated in-line space station antenna patterns (see operational EPFDdown levels for each of § 25.210(k)). The anticipated operational the submitted test points provided by PFD masks shall also be in an elec- the Commission. Submitted test points tronic form that can be accessed by the are based on inputs from U.S.-licensed computer program contained in para- geostationary satellite orbit Fixed- graph (b)(1)(iii) of this section. Satellite Service and Broadcasting-

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Satellite Service operators in the 10.7- ellites operating above 2500 km alti- 14.5 GHz bands. Each U.S.-licensed geo- tude. stationary satellite orbit Fixed-Sat- (3) If there is no ITU software for ex- ellite Service and Broadcasting-Sat- amining compliance with EPFD limits ellite Service operator in the 10.7–14.5 set forth in Article 22 of the ITU Radio GHz bands may submit up to 10 test Regulations, then the EPFDdown coordi- points for this section containing the nation trigger is suspended and the re- latitude, longitude, altitude, azimuth, quirement for coordination will be elevation angle, antenna size, effi- based on bandwidth overlap and the ciency to be used by non-geostationary satellite network using the GSO has satellite orbit Fixed-Satellite Service specific receive earth stations which licensees in the 10.7–14.5 GHz bands dur- meet all of the following conditions: ing the upcoming year. earth station antenna maximum iso- (c) [Reserved] tropic gain greater than or equal to 64 (d) The Commission may request at dBi; G/T of 44 dB/K or higher; and emis- any time additional information from sion bandwidth of 250 MHz. the NGSO FSS system applicant or li- (g) Operational power flux density, censee concerning the EPFD levels and space-to-Earth direction, limits. Ninety the related technical showings. days prior to the initiation of service (e) An NGSO FSS system licensee op- to the public, the NGSO FSS system li- erating a system in compliance with censee shall submit a technical show- the limits specified in § 25.208(g), (i), (j), ing for the NGSO FSS system in the (k), (l), and (m) shall be considered as band 12.2–12.7 GHz. The technical infor- having fulfilled its obligations under mation shall demonstrate that the ITU Radio Regulations Article 22.2 NGSO FSS system is capable of meet- with respect to any GSO network. How- ing the limits as specified in § 25.208(o). ever, such NGSO FSS system shall not Licensees may not provide service to claim protection from GSO FSS and the public if they fail to demonstrate BSS networks operating in accordance compliance with the PFD limits. with part 25 of this chapter and the (h) System License. Applicants au- ITU Radio Regulations. thorized to construct and launch a sys- (f) Coordination will be required be- tem of technically identical non-geo- tween NGSO FSS systems and GSO stationary satellite orbit Fixed-Sat- FSS earth stations in the frequency ellite Service satellites will be awarded band 10.7–12.75 GHz when all of the fol- a single ‘‘blanket’’ license covering a lowing threshold conditions are met: specified number of space stations to (1) Bandwidth overlap; and operate in a specified number of orbital (2) The satellite network using the planes. GSO has specific receive earth stations (i) In addition to providing the infor- which meet all of the following condi- mation specified in § 25.114, each NGSO tions: earth station antenna maximum FSS applicant shall provide the fol- isotropic gain greater than or equal to lowing: 64 dBi; G/T of 44 dB/K or higher; and (1) A demonstration that the pro- emission bandwidth of 250 MHz; and the posed system is capable of providing EPFDdown radiated by the satellite sys- fixed-satellite services on a continuous tem using the NGSO into the GSO spe- basis throughout the fifty states, Puer- cific receive earth station, either with- to Rico and the U.S. Virgin Islands, in the U.S. for domestic service or any U.S.; and points outside the U.S. for inter- (2) A demonstration that the pro- national service, as calculated using posed system is capable of providing the ITU software for examining com- Fixed-Satellite Services to all loca- pliance with EPFD limits set forth in tions as far north as 70° North Latitude Article 22 of the ITU Radio Regulations and as far south as 55° South Latitude exceeds ¥174.5 dB(W/(m2/40kHz)) for for at least 75 percent of every 24-hour any percentage of time for NGSO sys- period; and tems with all satellites only operating (3) Sufficient information on the at or below 2500 km altitude, or ¥202 NGSO FSS system characteristics to dB(W/(m2/40kHz)) for any percentage of properly model the system in computer time for NGSO systems with any sat- sharing simulations, including, at a

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minimum, NGSO hand-over and sat- shall be in operation within six years ellite switching strategies, NGSO sat- of the grant of the authorization. ellite antenna gain patterns, and NGSO (3) DBS licensees shall be required to earth station antenna gain patterns. In proceed consistent with all applicable particular, each NGSO FSS applicant due diligence obligations, unless other- must explain the switching protocols it wise determined by the Commission uses to avoid transmitting while pass- upon proper showing in any particular ing through the geostationary satellite case. Transfer of control of the author- orbit arc, or provide an explanation as ization shall not be considered to jus- to how the PFD limits in § 25.208 are tify extension of these deadlines. met without using geostationary sat- (c) Geographic service requirements. ellite orbit arc avoidance. In addition, Those entities acquiring DBS author- each NGSO FSS applicant must pro- izations after January 19, 1996, or who vide the orbital parameters contained after January 19, 1996 modify a pre- in Section A.4 of Annex 2A to Appendix vious DBS authorization to launch a 4 of the ITU Radio Regulations (2008). replacement satellite, must provide Further, each NGSO FSS applicant DBS service to Alaska and Hawaii must provide a sufficient technical where such service is technically fea- showing to demonstrate that the pro- sible from the authorized orbital loca- posed non-geostationary satellite orbit tion. This requirement does not apply system meets the PFD limits con- to DBS satellites authorized to operate tained in § 25.208, as applicable, and at the 61.5° W.L. orbital location. DBS (4) [Reserved] applicants seeking to operate from lo- (j)–(l) [Reserved] cations other than 61.5° W.L. who do not provide service to Alaska and Ha- [66 FR 10619, Feb. 16, 2001, as amended at 67 waii, must provide technical analyses FR 53510, Aug. 16, 2002; 68 FR 16447, Apr. 4, 2003; 68 FR 43946, July 25, 2003; 68 FR 51505, to the Commission demonstrating that Aug. 27, 2003; 69 FR 31302, June 3, 2004; 70 FR such service is not feasible as a tech- 59277, Oct. 12, 2005; 78 FR 8423, Feb. 6, 2013; 79 nical matter, or that while technically FR 8320, Feb. 12, 2014; 81 FR 55333, Aug. 18, feasible such services would require so 2016] many compromises in satellite design and operation as to make it economi- § 25.147 [Reserved] cally unreasonable. (d) DBS subject to competitive bidding. § 25.148 Licensing provisions for the Mutually exclusive initial applications Direct Broadcast Satellite Service. to provide DBS are subject to competi- (a) License terms. License terms for tive bidding procedures. The general DBS facilities are specified in competitive bidding procedures set § 25.121(a). forth in part 1, subpart Q of this chap- (b) Due diligence. (1) All persons ter will apply unless otherwise pro- granted DBS authorizations shall provided in this part. ceed with due diligence in constructing (e) DBS long form application. Winning DBS systems. Permittees shall be re- bidders are subject to the provisions of quired to complete contracting for con- § 1.2107 of this chapter except that in struction of the satellite station(s) lieu of a FCC Form 601 each winning within one year of the grant of the au- bidder shall submit the long-form sat- thorization. The satellite stations shall ellite service application (FCC Form also be required to be in operation 312) within thirty (30) days after being within six years of the authorization notified by Public Notice that it is the grant. winning bidder. Each winning bidder (2) In addition to the requirements will also be required to submit by the stated in paragraph (b)(1) of this sec- same deadline the information de- tion, all persons who receive new or ad- scribed in § 25.215 (Technical) and ditional DBS authorizations after Jan- § 25.601 (EEO), and in paragraph (f) of uary 19, 1996 shall complete construc- this section. Each winner also will be tion of the first satellite in their re- required to file, by the same deadline, spective DBS systems within four a signed statement describing its ef- years of grant of the authorization. All forts to date and future plans to come satellite stations in such a DBS system into compliance with any applicable

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spectrum limitations, if it is not al- (iii) In the 1610–1626.5 MHz/2483.5–2500 ready in compliance. Such information MHz bands, ATC operations are limited shall be submitted pursuant to the pro- to the 1610–1617.775 MHz, 1621.35–1626.5 cedures set forth in § 25.114 and any as- MHz, and 2483.5–2495 MHz bands and to sociated Public Notices. the specific frequencies authorized for (f) Technical qualifications. DBS oper- use by the MSS licensee that seeks ations must be in accordance with the ATC authority. sharing criteria and technical charac- (3) ATC operations shall not exceed teristics contained in Appendices 30 the geographical coverage area of the and 30A of the ITU’s Radio Regula- Mobile-Satellite Service network of tions. Operation of systems using dif- the applicant for ATC authority. fering technical characteristics may be (4) ATC base stations shall comply permitted, with adequate technical with all applicable antenna and struc- showing, and if a request has been tural clearance requirements estab- made to the ITU to modify the appro- lished in part 17 of this chapter. priate Plans to include the system’s (5) ATC base stations and mobile ter- technical parameters. minals shall comply with part 1 of this chapter, Subpart I—Procedures Imple- [67 FR 51113, Aug. 7, 2002] menting the National Environmental Policy Act of 1969, including the guide- § 25.149 Application requirements for lines for human exposure to radio fre- ancillary terrestrial components in Mobile-Satellite Service networks quency electromagnetic fields as de- operating in the 1.5./1.6 GHz and fined in §§ 1.1307(b) and 1.1310 of this 1.6/2.4 GHz Mobile-Satellite Service. chapter for PCS networks. (6) ATC base station operations shall (a) Applicants for ancillary terres- use less than all available MSS fre- trial component authority shall dem- quencies when using all available fre- onstrate that the applicant does or will quencies for ATC base station oper- comply with the following through cer- ations would exclude otherwise avail- tification or explanatory technical ex- able signals from MSS space-stations. hibit, as appropriate: (b) Applicants for an ancillary terres- (1) ATC shall be deployed in the for- trial component shall demonstrate ward-band mode of operation whereby that the applicant does or will comply the ATC mobile terminals transmit in with the following criteria through cer- the MSS uplink bands and the ATC tification: base stations transmit in the MSS (1) Geographic and temporal coverage. downlink bands in portions of the (i) [Reserved] 1626.5–1660.5 MHz/1525–1559 MHz bands (ii) For the L-band, an applicant (L-band) and the 1610–1626.5 MHz/2483.5– must demonstrate that it can provide 2500 MHz bands. space-segment service covering all 50 NOTE TO PARAGRAPH (a)(1): An L-band MSS states, Puerto Rico, and the U.S. Vir- licensee is permitted to apply for ATC au- gin Islands one-hundred percent of the thorization based on a non-forward-band time, unless it is not technically pos- mode of operation provided it is able to dem- sible for the MSS operator to meet the onstrate that the use of a non-forward-band coverage criteria from its orbital posi- mode of operation would produce no greater tion. potential interference than that produced as a result of implementing the rules of this (iii) For the 1.6/2.4 GHz Mobile-Sat- section. ellite Service bands, an applicant must demonstrate that it can provide space- (2) ATC operations shall be limited to segment service to all locations as far certain frequencies: north as 70° North latitude and as far (i) [Resreved] south as 55° South latitude for at least (ii) In the 1626.5–1660.5 MHz/1525–1559 seventy-five percent of every 24-hour MHz bands (L-band), ATC operations period, i.e., that at least one satellite are limited to the frequency assign- will be visible above the horizon at an ments authorized and internationally elevation angle of at least 5° for at coordinated for the MSS system of the least 18 hours each day, and on a con- MSS licensee that seeks ATC author- tinuous basis throughout the fifty ity. states, Puerto Rico and the U.S. Virgin

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Islands, i.e., that at least one satellite (c) Equipment certification. (1) Each will be visible above the horizon at an ATC mobile station utilized for oper- elevation angle of at least 5° at all ation under this part and each trans- times. mitter marketed, as set forth in § 2.803 (2) Replacement satellites. (i) Oper- of this chapter, must be of a type that ational NGSO MSS ATC systems shall has been authorized by the Commission maintain an in-orbit spare satellite. under its certification procedure for (ii) Operational GSO MSS ATC sys- use under this part. tems shall maintain a spare satellite (2) Any manufacturer of radio trans- on the ground within one year of com- mitting equipment to be used in these mencing operations and launch it into services may request equipment au- orbit during the next commercially thorization following the procedures reasonable launch window following a set forth in subpart J of part 2 of this satellite failure. chapter. Equipment authorization for (iii) All MSS ATC licensees must re- an individual transmitter may be report any satellite failures, malfunc- quested by an applicant for a station tions or outages that may require sat- authorization by following the proce- ellite replacement within ten days of dures set forth in part 2 of this chapter. their occurrence. (3) Licensees and manufacturers are (3) Commercial availability. Mobile-sat- subject to the radiofrequency radiation ellite service must be commercially exposure requirements specified in available ( , offering services for a viz. §§ 1.1307(b), 2.1091, and 2.1093 of this fee) in accordance with the coverage chapter, as appropriate. MSS ATC base requirements that pertain to each band stations must comply with the require- as a prerequisite to an MSS licensee’s ments specified in § 1.1307(b) of this offering ATC service. chapter for PCS base stations. MSS (4) Integrated services. MSS ATC li- ATC mobile stations must comply with censees shall offer an integrated serv- the requirements specified for mobile ice of MSS and MSS ATC. Applicants and portable PCS transmitting devices for MSS ATC may establish an inte- in § 1.1307(b) of this chapter. MSS ATC grated service offering by affirmatively mobile terminals must also comply demonstrating that: (i) The MSS ATC operator will use a with the requirements in §§ 2.1091 and dual-mode handset that can commu- 2.1093 of this chapter for Satellite Com- nicate with both the MSS network and munications Services devices. Applica- the MSS ATC component to provide tions for equipment authorization of the proposed ATC service; or mobile or portable devices operating (ii) Other evidence establishing that under this section must contain a the MSS ATC operator will provide an statement confirming compliance with integrated service offering to the pub- these requirements for both funda- lic. mental emissions and unwanted emis- (5) In-band operation. (i) [Reserved] sions. Technical information showing (ii) In the 1.6/2.4 GHz Mobile-Satellite the basis for this statement must be Service bands, MSS ATC is limited to submitted to the Commission upon re- no more than 7.775 MHz of spectrum in quest. the L-band and 11.5 MHz of spectrum in (d) Applicants for an ancillary terres- the S-band. Licensees in these bands trial component authority shall dem- may implement ATC only on those onstrate that the applicant does or will channels on which MSS is authorized, comply with the provisions of § 1.924 of consistent with the 1.6/2.4 GHz Mobile- this chapter and §§ 25.203(e) through Satellite Service band-sharing arrange- 25.203(g) and with § 25.253 or § 25.254, as ment. appropriate, through certification or (iii) In the L-band, MSS ATC is lim- explanatory technical exhibit. ited to those frequency assignments (e) Except as provided for in para- available for MSS use in accordance graph (f) of this section, no application with the Mexico City Memorandum of for an ancillary terrestrial component Understanding, its successor agree- shall be granted until the applicant has ments or the result of other organized demonstrated actual compliance with efforts of international coordination. the provisions of paragraph (b) of this

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section. Upon receipt of ATC author- PROCESSING OF APPLICATIONS ity, all ATC licensees must ensure continued compliance with this section § 25.150 Receipt of applications. and § 25.253 or § 25.254, as appropriate. Applications received by the Com- (f) Special provision for operational mission are given a file number and a MSS systems. Applicants for MSS ATC unique station identifier for adminis- authority with operational MSS sys- trative convenience. Neither the as- tems that are in actual compliance signment of a file number and/or other with the requirements prescribed in identifier nor the listing of the applica- paragraphs (b)(1), (b)(2), and (b)(3) of tion on public notice as received for fil- this section at the time of application ing indicates that the application has may elect to satisfy the requirements been found acceptable for filing or pre- of paragraphs (b)(4) and (b)(5) of this cludes subsequent return or dismissal section prospectively by providing a of the application if it is found to be substantial showing in its certification defective or not in accordance with the regarding how the applicant will com- Commission’s rules. ply with the requirements of para- [78 FR 8425, Feb. 6, 2013] graphs (b)(4) and (b)(5) of this section. Notwithstanding § 25.117(f) and para- § 25.151 Public notice. graph (e) of this section, the Commis- sion may grant an application for ATC (a) At regular intervals, the Commis- authority based on such a prospective sion will issue public notices listing: substantial showing if the Commission (1) The receipt of applications for finds that operations consistent with new station authorizations, except ap- the substantial showing will result in plications for space station licenses actual compliance with the require- filed pursuant to § 25.110(b)(3)(i) or (ii) ments prescribed in paragraphs (b)(4) of this part; and (b)(5) of this section. An MSS ATC (2) The receipt of applications for li- applicant that receives a grant of ATC cense or registration of receive-only authority pursuant to this paragraph earth stations; (f) shall notify the Commission within (3) The receipt of applications for 30 days once it begins providing ATC major modifications to station author- service. This notification must take izations; the form of a letter formally filed with (4) The receipt of major amendments the Commission in the appropriate to pending applications; MSS license docket and shall contain a (5) The receipt of applications to as- certification that the MSS ATC service sign or transfer control of space sta- is consistent with its ATC authority. tion facilities, transmitting earth sta- (g) Spectrum leasing. Leasing of spection facilities, or international receive- trum rights by MSS licensees or sys- only earth station facilities; tem operators to spectrum lessees for (6) Significant Commission actions ATC use is subject to the rules for regarding applications; spectrum manager leasing arrange- (7) Information that the Commission ments (see § 1.9020) as set forth in part in its discretion believes to be of public 1, subpart X of the rules (see § 1.9001 et significance; seq.). In addition, at the time of the fil- (8) Special environmental considering of the requisite notification of a ations as required by part 1 of this spectrum manager leasing arrange- chapter; ment using Form 608 (see §§ 1.9020(e) and (9) Submission of Coordination Re- 1.913(a)(5)), both parties to the proposed quests and Appendix 30B filings to the arrangement must have a complete and ITU in response to requests filed pursu- accurate Form 602 (see § 1.913(a)(2)) on ant to § 25.110(b)(3)(i) and (b)(3)(ii); file with the Commission. (10) The receipt of space station application information filed pursuant to [68 FR 47859, Aug. 12, 2003, as amended at 69 FR 48162, Aug. 9, 2004; 70 FR 19318, Apr. 13, § 25.110(b)(3)(iii); and 2005, 73 FR 25592, May 7, 2008; 76 FR 31260, (11) The receipt of notifications of May 31, 2011; 78 FR 8267, Feb. 5, 2013; 78 FR non-routine transmission filed pursu- 8424, Feb. 6, 2013; 79 FR 27502, May 14, 2014] ant to § 25.140(d).

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(b) Special public notices may also be (ii) The temporary fixed earth sta- issued at other times under special cir- tion’s operations will be consistent cumstances involving non-routine mat- with all routine-licensing requirements ters where speed is of the essence and for the conventional Ku-band; and efficiency of Commission process will (iii) The temporary fixed earth sta- be served thereby. tion’s operations will be limited to sat- (c) A public notice will not normally ellites on the Permitted Space Station be issued for receipt of any of the fol- List. lowing applications: (2) Applications for authority grant- (1) For authorization of a minor tech- ed pursuant to paragraph (e)(1) of this nical change in the facilities of an au- section shall be placed on public notice thorized station; (2) For temporary authorization pur- pursuant to paragraph (a)(1) of this sec- suant to § 25.120. tion. If no comments or petitions are (3) For an authorization under any of filed within 30 days of the public notice the proviso clauses of section 308(a) of date, the authority granted will be con- the Communications Act of 1934, as sidered a regular temporary fixed earth amended [47 U.S.C. 308(a)]; station authorization as of 30 days (4) For consent to an involuntary as- after the public notice date. If a com- signment or transfer of control of a ment or petition is filed within 30 days transmitting earth station authoriza- of the public notice date, the applicant tion; or must suspend operations immediately (5) For consent to an assignment or pending resolution of the issues raised transfer of control of a space station in that comment or petition. authorization or a transmitting earth station authorization, where the as- [56 FR 24016, May 28, 1991, as amended at 58 signment or transfer does not involve a FR 68061, Dec. 23, 1993; 70 FR 32254, June 2, 2005; 81 FR 55333, Aug. 18, 2016] substantial change in ownership or control; or § 25.152 [Reserved] (6) For change in location of an earth station operating in the 4/6 GHz and § 25.153 Repetitious applications. 10.95–11.7 GHz bands by no more than 1″ in latitude and/or longitude and for (a) Where an application has been de- change in location of an earth station nied or dismissed with prejudice, the operating in the 12/14 GHz bands by no Commission will not consider a like ap- more than 10″ in latitude and/or lon- plication involving service of the same gitude. kind to the same area by the same ap- (d) Except as specified in paragraph plicant, or by its successor or assignee, (e) of this section, no application that or on behalf of or for the benefit of any has appeared on public notice will be of the original parties in interest, until granted until the expiration of a period after the lapse of 12 months from the of thirty days following the issuance of effective date of the Commission’s ac- the public notice listing the application. tion, or any major amendment thereto. (b) Where an appeal has been taken Any comments or petitions must be de- from the action of the Commission delivered to the Commission by that date nying a particular application, another in accordance with § 25.154. application for the same class of sta- (e)(1) Applicants seeking authority to tion and for the same area, in whole or operate a temporary fixed earth sta- in part, filed by the same applicant or tion pursuant to § 25.277 may consider by his successor or assignee, or on be- their applications ‘‘provisionally half or for the benefit of the original granted,’’ and may initiate operations parties in interest, will not be consid- upon the placement of the complete ered until the final disposition of the FCC Form 312 application on public notice, provided that appeal. (i) The temporary fixed earth station [56 FR 24016, May 28, 1991, as amended at 79 will operate only in the conventional FR 8320, Feb. 12, 2014] Ku-band (14.0–14.5 GHz and 11.7–12.2 GHz bands);

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§ 25.154 Opposition to applications and garding an application may be filed other pleadings. within 10 days after the petition, com- (a) Petitions to deny, petitions for ment, or objection is filed and must be other forms of relief, and other objec- in accordance with other applicable tions or comments must: provisions of §§ 1.41 through 1.52 of this (1) Identify the application or appli- chapter, except that such oppositions cations (including applicant’s name, must be filed electronically through station location, Commission file num- the International Bureau Filing Sys- bers, and radio service involved) with tem (IBFS) in accordance with the ap- which it is concerned; plicable provisions of part 1, subpart Y (2) Be filed within thirty (30) days of this chapter. after the date of public notice announc- (d) Reply comments by a party that ing the acceptance for filing of the ap- filed a petition to deny may be filed in plication or major amendment thereto response to pleadings filed pursuant to (unless the Commission otherwise ex- paragraph (c) or (e) of this section tends the filing deadline); within 5 days after expiration of the (3) Filed in accordance with the time for filing oppositions unless the pleading limitations, periods and other Commission extends the filing deadline applicable provisions of §§ 1.41 through and must be in accordance with other 1.52 of this chapter, except that such applicable provisions of §§ 1.41 through petitions must be filed electronically 1.52 of this chapter, except that such through the International Bureau Fil- reply comments must be filed elec- ing System (IBFS) in accordance with tronically through the International the applicable provisions of part 1, sub- Bureau Filing System (IBFS) in ac- part Y of this chapter; cordance with the applicable provisions (4) Contain specific allegations of of part 1, subpart Y of this chapter. fact (except for those of which official (e) Within 30 days after a petition to notice may be taken) to support the deny an application filed pursuant to specific relief requested, which shall be § 25.220 is filed, the applicant may file supported by affidavit of a person or an opposition to the petition and must persons with personal knowledge there- file a statement with the Commission, of, and which shall be sufficient to either in conjunction with, or in lieu demonstrate that the petitioner (or re- of, such opposition, explaining whether spondent) is a party of interest and the applicant has resolved all out- that a grant of, or other Commission standing issues raised by the peti- action regarding, the application would tioner. This statement and any con- be prima facie inconsistent with the joined opposition must be in accord- public interest; and ance with the provisions of §§ 1.41 (5) Contain a certificate of service through 1.52 of this chapter applicable showing that it has been mailed to the to oppositions to petitions to deny, ex- applicant no later than the date the cept that such reply comments must be pleading is filed with the Commission. filed electronically through the Inter- (b) The Commission will classify as national Bureau Filing System (IBFS) informal objections: in accordance with the applicable pro- (1) Any pleading not filed in accord- visions of part 1, subpart Y of this ance with paragraph (a) of this section; chapter. (2) Any pleading to which the thirty (30) day public notice period of § 25.151 [56 FR 24016, May 28, 1991, as amended at 69 does not apply; or FR 47795, Aug. 6, 2004; 70 FR 32254, June 2, (3) Any objections to the grant of an 2005; 79 FR 8320, Feb. 12, 2014] application when the objections do not conform to either paragraph (a) of this § 25.155 Mutually exclusive applica- section or to other Commission rules tions. and requirements. (a) The Commission will consider ap- (c) Except for opposition to petitions plications to be mutually exclusive if to deny an application filed pursuant their conflicts are such that the grant to § 25.220, oppositions to petitions to of one application would effectively deny an application or responses to preclude by reason of harmful inter- comments and informal objections reference, or other practical reason, the

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grant of one or more other applica- bands will be treated as separate appli- tions. cations for each service band, and each (b) A license application for NGSO- service band request will be considered like satellite operation, as defined in pursuant to § 25.157 or § 25.158, as appro- § 25.157(a), will be entitled to compara- priate. tive consideration with one or more (4) Applications for feeder-link au- mutually exclusive applications only if thority or inter-satellite link author- the application is received by the Com- ity will be treated like an application mission in a condition acceptable for separate from its associated service filing by the ‘‘cut-off’’ date specified in band. Each feeder-link request or inter- a public notice. satellite link request will be considered (c) A license application for GSO-like pursuant to the procedure for applica- satellite operation, as defined in tions for GSO-like operation or NGSO- § 25.158(a)(1), will be entitled to com- like operation, as applicable. parative consideration with another (5) In cases where the Commission application only if: has not adopted frequency-band spe- (1) The application is mutually exclu- cific service rules, the Commission will sive with another application for GSO- not consider applications for NGSO- like operation; and like satellite operation after it has (2) The application is received by the granted an application for GSO-like op- Commission in a condition acceptable eration in the same frequency band, for filing at the same millisecond as and it will not consider applications for the other application. GSO-like operation after it has granted [68 FR 51505, Aug. 27, 2003, as amended at 81 an application for NGSO-like operation FR 55333, Aug. 18, 2016] in the same band, unless and until the Commission establishes NGSO/GSO § 25.156 Consideration of applications. sharing criteria for that frequency (a) Applications for a radio station band. In the event that the Commis- authorization, or for modification or sion receives applications for NGSO- renewal of an authorization, will be like operation and applications for granted if, upon examination of the ap- GSO-like operation at the same time, plication, any pleadings or objections and the Commission has not adopted filed, and upon consideration of such sharing criteria in that band, the Com- other matters as it may officially no- mission will divide the spectrum be- tice, the Commission finds that the ap- tween GSO-like and NGSO-like licens- plicant is legally, technically, and oth- ees based on the proportion of qualified erwise qualified, that the proposed fa- GSO-like and NGSO-like applicants. cilities and operations comply with all (6) An application for DBS or DARS applicable rules, regulations, and poli- services will be entitled to comparative cies, and that grant of the application consideration with one or more con- will serve the public interest, conven- flicting applications only if: ience and necessity. (i) The application is mutually exclu- (b) [Reserved] sive with another application; and (c) Reconsideration or review of any (ii) The application is received by the final action taken by the Commission Commission in a condition acceptable will be in accordance with subpart A of for filing by the ‘‘cut-off’’ date speci- part 1 of this chapter. fied in a public notice. (d)(1) Applications for NGSO-like satellite operation will be considered pur- [56 FR 24016, May 28, 1991, as amended at 68 suant to the procedures set forth in FR 51505, Aug. 27, 2003; 81 FR 55333, Aug. 18, § 25.157, except as provided in § 25.157(b). 2016] (2) Applications for GSO-like satellite operation will be considered pur- § 25.157 Consideration of applications suant to the procedures set forth in for NGSO-like satellite operation. § 25.158, except as provided in (a) This section specifies the proce- § 25.158(a)(2). dures for considering license applica- (3) Applications for both NGSO-like tions for ‘‘NGSO-like’’ satellite oper- satellite operation and GSO-like sat- ation, except as provided in paragraph ellite operation in two or more service (b) of this section. For purposes of this

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section, the term ‘‘NGSO-like satellite cept as set forth in paragraph (e)(2) or operation’’ means: (e)(3) of this section. (1) Operation of any NGSO satellite (2) In cases where there are only one system, and or two applications in a processing (2) Operation of a GSO MSS satellite round granted pursuant to paragraph to communicate with earth stations (d) of this section, each applicant will with non-directional antennas. be assigned 1⁄3 of the available spec- (b) The procedures prescribed in this trum, and the remaining spectrum will section do not apply to an application be made available to other licensees in for authority to launch and operate a an additional processing round pursu- replacement space station, or stations, ant to paragraph (c) of this section. that meet the relevant criteria in (3) In cases where there are three or § 25.165(e)(1) and (e)(2) and that will be more applications in a processing launched before the space station(s) to round granted pursuant to paragraph be replaced are, or is, retired from serv- (d) of this section, and one or more ap- ice or within a reasonable time after plicants apply for less spectrum than loss of a space station during launch or they would be warranted under para- due to premature failure in orbit. graph (e)(1) of this section, those appli- (c) Each application for NGSO-like cants will be assigned the bandwidth satellite operation that is acceptable amount they requested in their appli- for filing under § 25.112, except replace- cations. In those cases, the remaining ment applications described in para- qualified applicants will be assigned graph (b) of this section, will be re- the lesser of the amount of spectrum viewed to determine whether it is a they requested in their applications ‘‘competing application,’’ i.e., filed in and the amount spectrum that they response to a public notice initiating a would be assigned if the available spec- processing round, or a ‘‘lead applica- trum were divided equally among the tion,’’ i.e., all other applications for remaining qualified applicants. NGSO-like satellite operation. (f)(1) Each licensee will be allowed to (1) Competing applications that are select the particular band segment it acceptable for filing will be placed on wishes to use no earlier than 60 days public notice to provide interested par- before they plan to launch the first sat- ties an opportunity to file pleadings in ellite in its system, and no later than response to the application pursuant to 30 days before that date, by submitting § 25.154. a letter to the Secretary of the Com- (2) Lead applications that are accept- mission. The licensee shall serve copies able for filing will be placed on public of this letter to the other participants notice. This public notice will initiate in the processing round pursuant to a processing round, establish a cut-off § 1.47 of this chapter. date for competing NGSO-like satellite (2) The licensee shall request contig- system applications, and provide inter- uous bandwidth in both the uplink and ested parties an opportunity to file downlink band. Each licensee’s band- pleadings in response to the applica- width selection in both the uplink and tion pursuant to § 25.154. downlink band shall not preclude other (d) After review of each of the appli- licensees from selecting contiguous cations in the processing round, and all bandwidth. the pleadings filed in response to each (3) If two or more licensees in a proc- application, the Commission will grant essing round request the same band all the applications that meet the segment, all licensees other than the standards of § 25.156(a), and deny the first one to request that particular other applications. band segment will be required to make (e)(1) In the event that there is insuf- another selection. ficient spectrum in the frequency band (g)(1) In the event that a license available to accommodate all the granted in a processing round pursuant qualified applicants in a processing to this section is cancelled for any rea- round, the available spectrum will be son, the Commission will redistribute divided equally among the licensees the bandwidth allocated to that appli- whose applications are granted pursu- cant equally among the remaining ap- ant to paragraph (d) of this section, ex- plicants whose licenses were granted

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concurrently with the cancelled li- during launch or due to premature fail- cense, unless the Commission deter- ure in orbit. mines that such a redistribution would (b) Except as provided in paragraph not result in a sufficient number of li- (a)(2) of this section, license applica- censees remaining to make reasonably tions for GSO-like satellite operation, efficient use of the frequency band. including first-step filings pursuant to (2) In the event that the redistribu- § 25.110(b)(3)(i) or (ii), will be placed in a tion of bandwidth set forth in para- queue and considered in the order that graph (g)(1) of this section would not they are filed, pursuant to the fol- result in a sufficient number of licens- lowing procedure: ees remaining to make reasonably effi- (1) The application will be reviewed cient use of the frequency band, the to determine whether it is acceptable Commission will issue a public notice for filing within the meaning of § 25.112. initiating a processing round, as set If not, the application will be returned forth in paragraph (c) of this section, to the applicant. to invite parties to apply for an NGSO- like satellite system license to operate (2) If the application is acceptable for in a portion of the bandwidth made filing under § 25.112, the application available as a result of the cancellation will be placed on public notice pursu- of the initial applicant’s license. Par- ant to § 25.151. ties already holding licenses for NGSO- (i) For applications filed pursuant to like satellite operation in that fre- § 25.110(b)(3)(i) or (b)(3)(ii), the public quency band will not be permitted to notice will announce that the Coordi- participate in that processing round. nation Request or Appendix 30B filing (3) There is a presumption that three has been submitted to the ITU. When satellite licensees in a frequency band further information is filed pursuant to are sufficient to make reasonably effi- § 25.110(b)(3)(iii), it will be reviewed to cient use of the frequency band. determine whether it is substantially (h) Services offered pursuant to an complete within the meaning of § 25.112. NGSO-like license in a frequency band If so, a second public notice will be granted before the Commission has issued pursuant to § 25.151 to give inter- adopted frequency-band-specific service ested parties an opportunity to file rules for that band will be subject to pleadings pursuant to § 25.154. the default service rules in § 25.217. (ii) For any other license application for GSO-like satellite operation, the [68 FR 51505, Aug. 27, 2003, as amended at 81 public notice will announce that the FR 55334, Aug. 18, 2016] application has been found acceptable § 25.158 Consideration of applications for filing and will give interested par- for GSO-like satellite operation. ties an opportunity to file pleadings pursuant to § 25.154. (a)(1) This section specifies the procedures for considering license applica- (3) The application will be granted tions for ‘‘GSO-like’’ satellite oper- only if it meets each of the following ation, except as provided in paragraph criteria: (a)(2) of this section. For purposes of (i) After review of the application this section, the term ‘‘GSO-like sat- and any pleadings filed in response to ellite operation’’ means operation of a that application, the Commission finds GSO satellite to communicate with that the application meets the stand- earth stations with directional anten- ards of § 25.156(a); and nas, including operation of GSO sat- (ii) The proposed satellite will not ellites to provide MSS feeder links. cause harmful interference to any pre- (2) The procedures prescribed in this viously licensed operations. section do not apply to an application (c) A license applicant for GSO-like for authority to launch and operate a satellite operation must not transfer, replacement space station that meets assign, or otherwise permit any other the relevant criteria in § 25.165(e)(1) and entity to assume its place in any (e)(2) and that will be launched before queue. the space station to be replaced is re- (d) In the event that two or more ap- tired from service or within a reason- plications for GSO-like satellite oper- able time after loss of a space station ation are mutually exclusive within

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the meaning of § 25.155(c), the Commis- rules for that band will be subject to sion will consider those applications the default service rules in § 25.217. pursuant to the following procedure: [68 FR 51506, Aug. 27, 2003, as amended at 81 (1) Each application will be reviewed FR 55334, Aug. 18, 2016] to determine whether it is acceptable for filing within the meaning of § 25.112. § 25.159 Limits on pending applica- Any application not found acceptable tions and unbuilt satellite systems. for filing will be returned to the appli- (a) [Reserved] cant. (b) Applicants with an application for (2) All applications that are accept- one NGSO-like satellite system license able for filing will be placed on public on file with the Commission in a par- notice pursuant to § 25.151, and inter- ticular frequency band, or one licensed- ested parties will be given an oppor- but-unbuilt NGSO-like satellite system tunity to file pleadings pursuant to in a particular frequency band, will not § 25.154. be permitted to apply for another NGSO-like satellite system license in (3) Each application will be granted if that frequency band. it meets the criteria of paragraph (b)(3) (c) If an applicant has an attributable of this section, and otherwise will be interest in one or more other entities denied. seeking one or more space station li- (4) In the event that two or more ap- censes, the pending applications and li- plications are granted pursuant to censed-but-unbuilt satellite systems paragraph (d)(3) of this section, the filed by those other entities will be available bandwidth at the orbital lo- counted as filed by the applicant for cation or locations in question will be purposes of the limits on the number of divided equally among those licensees. pending space station applications and (5) Licensees whose licenses are licensed-but-unbuilt satellite systems granted pursuant to paragraph (d)(4) of in this paragraph. For purposes of this this section will be allowed to select paragraph, an applicant has an ‘‘at- the particular band segment it wishes tributable interest’’ in another entity to use no earlier than 60 days before if: they plan to launch the first satellite (1) It holds equity (including all in its system, and no later than 30 days stockholdings, whether voting or non- before that date, by submitting a letter voting, common or preferred) and debt to the Secretary of the Commission. interest or interests, in the aggregate, The licensee shall serve copies of this exceed thirty-three (33) percent of the letter to the other participants in the total asset value (defined as the aggre- processing round pursuant to § 1.47 of gate of all equity plus all debt) of that this chapter. entity, or (6) Licensees whose licenses are (2) It holds a controlling interest in that entity, or is the subsidiary of a granted pursuant to paragraph (d)(4) of party holding a controlling interest in this section shall request contiguous that entity, within the meaning of 47 bandwidth in both the uplink and CFR 1.2110(b)(2). downlink band. Each licensee’s band- (3) For purposes of paragraphs (c)(1) width selection shall not preclude and (c)(2) of this section, ownership in- other licensees from selecting contig- terests shall be calculated on a fully di- uous bandwidth. luted basis, i.e., all agreements, such as (7) If two or more licensees whose li- warrants, stock options, and convert- censes are granted pursuant to para- ible debentures, will generally be treat- graph (d)(4) of this section request the ed as if the rights thereunder already same band segment, all licensees other have been fully exercised. than the first one to request that par- (d) In the event that a licensee ticular band segment will be required misses three or more milestones within to make another selection. any three-year period, the Commission (e) Services offered pursuant to a will presume that the licensee obtained GSO-like license in a frequency band one or more of those licenses for specu- granted before the Commission has lative purposes. Unless the licensee re- adopted frequency-band-specific service buts this presumption, it will not be

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permitted to apply for a GSO-like sat- § 25.161 Automatic termination of sta- ellite or an NGSO-like satellite system tion authorization. in any frequency band if it has two or A station authorization shall be more satellite applications pending, or automatically terminated in whole or two licensed-but-unbuilt satellite sys- in part without further notice to the li- tems of any kind. This limit will re- censee upon: main in effect until the licensee pro- (a)(1) Failure to meet any applicable vides adequate information to dem- milestone for implementation of the li- onstrate that it is very likely to con- censed satellite system specified in struct its licensed facilities if it were § 25.164(a) and/or (b), without dem- allowed to file more applications. onstrating that the failure was caused (e) For purposes of this section, ‘‘fre- by circumstances beyond the licensee’s quency band’’ means one of the paired control, or (2) If there are no applicable mile- frequency bands available for satellite stones for implementation of the li- service listed in § 25.202. censed satellite system specified in [68 FR 51506, Aug. 27, 2003, as amended at 81 § 25.164(a) and/or (b), the expiration of FR 55334, Aug. 18, 2016] the required date of completion of construction or other required action spec- FORFEITURE, TERMINATION, AND REIN- ified in the authorization, or after any STATEMENT OF STATION AUTHORIZA- additional time authorized by the Com- TION mission, if a certification of completion of the required action has not been § 25.160 Administrative sanctions. filed with the Commission unless a re- (a) A forfeiture may be imposed for quest for an extension of time has been failure to operate in conformance with filed with the Commission but has not been acted on. the Communications Act, license speci- (b) The expiration of the license fications, any conditions imposed on an term, unless, in the case of an earth authorization, or any of the Commis- station license, an application for re- sion’s rules and regulations; or for fail- newal of the license has been filed with ure to comply with Commission re- the Commission pursuant to § 25.121(e) quests for information needed to com- or, in the case of a space station li- plete international coordination or for cense, an application for extension of failure to cooperate in Commission in- the license term has been filed with the vestigations with respect to inter- Commission; or national coordination. (c) The removal or modification of (b) A forfeiture will be imposed and the facilities which renders the station the station license may be terminated not operational for more than 90 days, for the malicious transmissions of any unless specific authority is requested. signal that causes harmful interference [56 FR 24016, May 28, 1991, as amended at 68 with any other radio communications FR 51507, Aug. 27, 2003; 78 FR 8425, Feb. 6, or signals. 2013; 79 FR 8320, Feb. 12, 2014] (c) A station license may be revoked for any repeated and willful violation § 25.162 Cause for termination of interference protection. of the kind set forth in paragraphs (a) and (b) of this section. The protection from interference afforded by the registration of a receiv- (d) The sanctions specified in para- ing earth station shall be automati- graphs (a), (b), and (c) of this section cally terminated if: will be imposed only after the licensee (a) The request for registration is not has been provided an opportunity to be submitted to the Commission within 3 heard pursuant to titles III and V of months of the completion of the fre- the Communications Act of 1934, as quency coordination process, except as amended. provided for in § 25.203; (e) For purposes of this section, the (b) The receiving earth station is not term ‘‘repeated’’ and ‘‘willful’’ are de- constructed and placed into service fined as set out in section 312(f) of the within 6 months after completion of co- Communications Act, 47 U.S.C. 312(f). ordination;

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(c) The Commission finds that the in accordance with the station author- station has been used less than 50% of ization no later than five years after the time during any 12 month period; the grant of the license, unless a dif- (d) The Commission finds that the ferent schedule is established by Title station has been used for an unlawful 47, Chapter I, or the Commission. purpose or otherwise in violation of the (b) The recipient of an initial license Commission’s rules, regulations or for an NGSO satellite system, other policies; than a DBS or SDARS satellite system, (e) The Commission finds that the ac- granted on or after September 11, 2003, tual use of the facility is inconsistent with what was set forth in the reg- must launch the space stations, place istrant’s application; or them in the assigned orbits, and oper- (f) The Commission finds that the ate them in accordance with the sta- frequency coordination exhibit, upon tion authorization no later than six which the granted registration is years after the grant of the license, un- based, is incomplete or does not con- less a different schedule is established form with established coordination by Title 47, Chapter I, or the Commis- procedures. sion. (c)–(e) [Reserved] § 25.163 Reinstatement. (f) A licensee subject to the require- (a) A station authorization termi- ments in paragraph (a) or (b) of this nated in whole or in part under the section must either demonstrate com- provisions of § 25.161 may be reinstated pliance with the applicable require- if the Commission, in its discretion, de- ment or notify the Commission in writ- termines that reinstatement would ing that the requirement was not met, best serve the public interest, conven- within 15 days after the specified dead- ience and necessity. Petitions for rein- line. Compliance with a milestone re- statement will be considered only if: quirement in paragraph (a) or (b) of (1) The petition is filed within 30 days after the expiration date set forth in this section may be demonstrated by § 25.161(a) or § 25.161(b), whichever is ap- certifying pursuant to § 25.121(d) that plicable; the space station(s) in question, has, or (2) The petition explains the failure have, been launched and placed in the to file a timely notification or renewal authorized orbital location or non-geo- application; and stationary orbit(s) and that in-orbit (3) The petition sets forth with speci- operation of the space station or sta- ficity the procedures that have been es- tions has been tested and found to be tablished to ensure timely filings in consistent with the terms of the au- the future. thorization. (b) A special temporary authoriza- (g) Licensees of satellite systems tion shall automatically terminate that include both NGSO satellites and upon the expiration date specified GSO satellites, other than DBS and therein, or upon failure of the grantee SDARS satellite systems, must meet to comply with any special terms or the requirement in paragraph (a) of conditions set forth in the authoriza- this section with respect to the GSO tion. Temporary operation may be ex- satellite(s) and the requirement in tended beyond the termination date paragraph (b) of this section with re- only upon application to the Commis- spect to the NGSO satellites. sion. (h) In cases where the Commission [56 FR 24016, May 28, 1991, as amended at 81 grants a satellite authorization in dif- FR 55334, Aug. 18, 2016] ferent stages, such as a license for a § 25.164 Milestones. satellite system using feeder links or inter-satellite links, the earliest of the (a) The recipient of an initial license milestone schedules will be applied to for a GSO space station, other than a the entire satellite system. DBS or SDARS space station, granted on or after August 27, 2003, must launch [68 FR 51507, Aug. 27, 2003, as amended at 69 the space station, position it in its as- FR 51587, Aug. 20, 2004; 79 FR 8320, Feb. 12, signed orbital location, and operate it 2014; 81 FR 55334, Aug. 18, 2016]

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§ 25.165 Surety bonds. sion with a copy of the performance (a) For all space station licenses bond, including all details and condi- issued after September 20, 2004, other tions. than licenses for DBS space stations, (c) A licensee will be considered to be SDARS space stations, and replace- in default with respect to a bond filed ment space stations as defined in para- pursuant to paragraph (a) of this sec- graph (e) of this section, the licensee tion if it surrenders the license before must post a bond within 30 days of the meeting all milestone requirements or grant of its license. Failure to post a if it fails to meet any milestone dead- bond will render the license null and line set forth in § 25.164, and, at the void automatically. time of milestone deadline, the li- (1) An NGSO licensee must have on censee has not provided a sufficient file a surety bond requiring payment in basis for extending the milestone. the event of default as defined in para- (d) [Reserved] graph (c) of this section, in an amount, (e) A replacement space station is at a minimum, determined according one that: to the following formula, with the resulting dollar amount rounded to the (1) Is authorized to operate at an or- nearest $10,000: A = $1,000,000 + bital location within ±0.15° of the as- $4,000,000 * D/2192, where A is the signed location of a GSO space station amount to be paid and D is the lesser of to be replaced or is authorized for 2192 or the number of days that elapsed NGSO operation and will replace an ex- from the date of license grant until the isting NGSO space station in its au- date when the license was surrendered. thorized orbit; (2) A GSO licensee must have on file (2) Is authorized to operate in the a surety bond requiring payment in the same frequency bands, and with the event of default as defined in paragraph same coverage area as the space sta- (c) of this section, in an amount, at a tion to be replaced; and minimum, determined according to the (3) Is scheduled to be launched so following formula, with the resulting that it will be brought into use at ap- dollar amount rounded to the nearest proximately the same time as, but no $10,000: A = $1,000,000 + $2,000,000 * D/ later than, the existing space station is 1827, where A is the amount to be paid and D is the lesser of 1827 or the num- retired. ber of days that elapsed from the date (f) An applicant that has submitted a of license grant until the date when the Coordination Request pursuant to license was surrendered. § 25.110(b)(3)(i) or an Appendix 30B filing (3) Licensees of satellite systems in- pursuant to § 25.110(b)(3)(ii) must obtain cluding both NGSO space stations and a surety bond in the amount of $500,000 GSO space stations that will operate in in accordance with the requirements in the same frequency bands must file a paragraph (b) of this section for licens- surety bond requiring payment in the ees. The application will be returned as event of default as defined in paragraph defective pursuant to § 25.112 if a copy (c) of this section, in an amount, at a of the required bond is not filed with minimum, to be determined according the Commission within 30 days after to the formula in paragraph (a)(1) of release of a public notice announcing this section. that the Commission has submitted the (b) The licensee must use a surety Coordination Request or Appendix 30B company deemed acceptable within the filing to the ITU. meaning of 31 U.S.C. 9304 et seq. (See, (g) An applicant will be considered to e.g., Department of Treasury Fiscal be in default with respect to a bond Service, Companies Holding Certifi- filed pursuant to paragraph (f) of this cates of Authority as Acceptable Sure- ties on Federal Bonds and As Accept- section if the applicant fails to submit able Reinsurance Companies, 57 FR a complete, acceptable license applica- 29356, July 1, 1992.) The bond must tion pursuant to § 25.110(b)(3)(iii) for name the U.S. Treasury as beneficiary the operation proposed in the initial in the event of the licensee’s default. application materials filed pursuant to The licensee must provide the Commis- § 25.110(b)(3)(i) or (b)(3)(ii) within two

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years of the date of submission of the The operator must file the updated in- initial application materials. formation within 10 days. [68 FR 51507, Aug. 27, 2003, as amended at 69 [79 FR 8321, Feb. 12, 2014] FR 51587, Aug. 20, 2004; 81 FR 55335, Aug. 18, 2016] § 25.172 Requirements for reporting space station control arrangements. REPORTING REQUIREMENTS FOR SPACE STATION OPERATORS (a) The operator of any space station licensed by the Commission or granted § 25.170 Annual reporting require- U.S. market access must file the fol- ments. lowing information with the Commis- All operators of U.S.-licensed space sion prior to commencing operation stations and operators of non-U.S.-li- with the space station, or, in the case censed space stations granted U.S. of a non-U.S.-licensed space station, market access must, on June 30 of each prior to commencing operation with year, file a report with the Inter- U.S. earth stations. national Bureau containing the fol- (1) The information required by lowing information: § 25.170(b). (a) Identification of any space sta- (2) The call signs of any telemetry, tion(s) not available for service or oth- tracking, and command earth sta- erwise not performing to specifications tion(s) communicating with the space as of May 31 of the current year, any station from any site in the United spectrum within the scope of the part States. 25 license or market access grant that (3) The location, by city and country, the space station is unable to use, the of any telemetry, tracking, and com- cause(s) of these difficulties, and the mand earth station that communicates date when the space station was taken with the space station from any point out of service or the malfunction was outside the United States. identified; and (4) Alternatively, instead of listing (b) A current listing of the names, ti- the call signs and/or locations of earth tles, addresses, email addresses, and stations currently used for telemetry, telephone numbers of the points of con- tracking, and command, the space sta- tact for resolution of interference problems and for emergency response. Con- tion operator may provide 24/7 contact tact personnel should include those re- information for a satellite control cen- sponsible for resolution of short term, ter and a list of the call signs of any immediate interference problems at U.S. earth stations, and the locations the system control center, and those of any non-U.S. earth stations, that are responsible for long term engineering used or may be used for telemetry, and technical design issues. tracking, and command communica- (c) Construction progress and antici- tion with the space station(s) in ques- pated launch dates for authorized re- tion. placement satellites. (b) The information required by paragraph (a) of this section must be filed NOTE TO § 25.170: Space station operators electronically in the Commission’s may also be subject to outage reporting requirements in part 4 of this chapter. International Bureau Filing System (IBFS), in the ‘‘Other Filings’’ tab of [79 FR 8321, Feb. 12, 2014] the space station’s current authorization file. If call sign or location infor- § 25.171 Contact information reporting requirements. mation provided pursuant to paragraph (a) of this section becomes invalid due If contact information filed in space to a change of circumstances, the space station application or pursuant to station operator must file updated in- § 25.170(b) or § 25.172(a)(1) changes, the formation in the same manner within operator must file corrected informa- 30 days, except with respect to changes tion electronically in the Commission’s less than 30 days in duration, for which International Bureau Filing System no update is necessary. (IBFS), in the ‘‘Other Filings’’ tab of the station’s current authorization file. [79 FR 8321, Feb. 12, 2014]

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§ 25.173 Results of in-orbit testing. Earth-to-space Space-to-Earth (GHz) (GHz) (a) Space station operators must measure the co-polarized and cross-po- 3.6–3.65 ...... 6 5.091–5.25 3.65–3.7 ...... 5.85–5.925 larized performance of space station 3.7–4.2 ...... 5.925–6.425 antennas through in-orbit testing and 4.5–4.8 ...... 6.425–6.525 submit the measurement data to the 6.7–7.025 6 ...... 6.525–6.7 7.025–7.075 ...... 6.7–7.025 Commission upon request. 10.7–11.7 6 ...... 7.025–7.075 (b) Within 15 days after completing 11.7–12.2 ...... 12.7–12.75 in-orbit testing of a space station li- 12.2–12.7 ...... 6 12.75–13.25 18.3–18.58 ...... 13.75–14 censed under this part, the operator 18.58–18.8 ...... 14–14.2 must notify the Commission that such 18.8–19.3 ...... 14.2–14.5 testing has been completed and certify 19.3–19.7 ...... 6 15.43–15.63 19.7–20.2 ...... 17.3–17.8 that the space station’s measured per- 37.5–40 1 ...... 24.75–25.05 formance is consistent with the station 40–42 ...... 25.05–25.25 authorization and that the space sta- 7 27.5–28.35 2 28.35–28.6 tion is capable of using its assigned fre- 3 28.6–29.1 quencies or inform the Commission of 4 29.1–29.25 any discrepancy. The licensee must 5 29.25–29.5 also indicate in the filing whether the 2 29.5–30.0 47.2–50.2 space station has been placed in the as- 1 Use of this band by the FSS is limited to gateway earth signed geostationary orbital location station operations, provided the licensee under this Part ob- or non-geostationary orbit. If the li- tains a license under part 101 of this chapter or an agreement from a part 101 licensee for the area in which an earth station censee files a certification pursuant to is to be located. Satellite earth station facilities in this band this paragraph before the space station may not be ubiquitously deployed and may not be used to serve individual consumers. has been placed in its assigned orbit or 2 This band is primary for GSO FSS and secondary for orbital location, the licensee must sep- NGSO FSS. 3 This band is primary for NGSO FSS and secondary for arately notify the Commission that the GSO FSS. space station has been placed in such 4 This band is primary for NGSO MSS feeder links and LMDS hub-to-subscriber transmission. orbit or orbital location within 3 days 5 This band is primary for NGSO MSS feeder links and after such placement and that the sta- GSO FSS. 6 Use of this band by NGSO FSS systems is limited to tion’s measured performance is con- transmissions to or from gateway earth stations. sistent with the station authorization. 7 FSS is secondary to LMDS in this band. [79 FR 8321, Feb. 12, 2014] (2) [Reserved] (3) The following frequencies are available for use by the non-voice, non- Subpart C—Technical Standards geostationary mobile-satellite service: 137–138 MHz: Space-to-Earth SOURCE: 30 FR 7176, May 28, 1965; 36 FR 148–150.05 MHz: Earth-to-space 2562, Feb. 6, 1971, unless otherwise noted. 399.9–400.05 MHz: Earth-to-space 400.15–401 MHz: Space-to-Earth § 25.201 [Reserved] (4)(i) The following frequencies are § 25.202 Frequencies, frequency toler- available for use by the 1.6/2.4 GHz Mo- ance, and emission limits. bile-Satellite Service: (a)(1) Frequency band. The following 1610–1626.5 MHz: User-to-Satellite Link frequencies are available for use by the 1613.8–1626.5 MHz: Satellite-to-User Link Fixed-Satellite Service. Precise fre- (secondary) 2483.5–2500 MHz: Satellite-to-User Link quencies and bandwidths of emission shall be assigned on a case-by-case (ii) The following frequencies are basis. Refer to the U.S. Table of Fre- available for use by the 2 GHz Mobile- quency Allocations, 47 CFR 2.106, in- Satellite Service: 2000–2020 MHz: User- cluding relevant footnotes, for band- to-Satellite Link; 2180–2200 MHz: Sat- specific use restrictions and coordina- ellite-to-User Link. tion requirements. Restrictions and co- (iii)(A) The following frequencies are ordination conditions not mentioned in available for use by the 1.5/1.6 GHz Mo- the Table of Frequency Allocations are bile-Satellite Service: set forth in the annotations to the fol- 1525–1559 MHz: space-to-Earth lowing list: 1626.5–1660.5 MHz: Earth-to-space

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(B) The use of the frequencies 1544– (10)(i) The following frequencies are 1545 MHz and 1645.5–1646.5 MHz is lim- available for use by Vehicle-Mounted ited to distress and safety communica- Earth Stations (VMESs): tions. 10.95–11.2GHz (space-to-Earth) (5) The following frequencies are 11.45–11.7GHz (space-to-Earth) available for use by the inter-satellite 11.7–12.2GHz (space-to-Earth) service: 14.0–14.5GHz (Earth-to-space) (ii) VMESs shall be authorized as set 22.55–23.00 GHz 23.00–23.55 GHz forth in § 25.226. 24.45–24.65 GHz (11)(i) The following frequencies are 24.65–24.75 GHz available for use by Earth Stations 54.25–56.90 GHz Aboard Aircraft (ESAA): 57.00–58.20 GHz 10.95–11.2 GHz (space-to-Earth) 65.00–71.00 GHz 11.45–11.7 GHz (space-to-Earth) (6) The following frequencies are 11.7–12.2 GHz (space-to-Earth) available for use by the Satellite Dig- 14.0–14.5 GHz (Earth-to-space) ital Audio Radio Service (SDARS), and (ii) ESAAs shall be authorized as set for any associated terrestrial repeat- forth in § 25.227. ers: 2320–2345 MHz (space-to-Earth) (b) Other frequencies and associated (7) The following frequencies are bandwidths of emission may be as- available for use by the Direct Broad- signed on a case-by-case basis to space cast Satellite service: systems under this part in conformance with § 2.106 of this chapter and the 12.2–12.7 GHz: Space-to-Earth. Commission’s rules and policies. 12.2–12.7 GHz: Space-to-Earth. (c) [Reserved] (8) The following frequencies are (d) Frequency tolerance, Earth stations. available for use by ESVs: The carrier frequency of each earth station transmitter authorized in these 3700–4200 MHz (space-to-Earth) services shall be maintained within 5925–6425 MHz (Earth-to-space) 0.001 percent of the reference fre- 10.95–11.2 GHz (space-to-Earth) 11.45–11.7 GHz (space-to-Earth) quency. 11.7–12.2 GHz (space-to-Earth) (e) Frequency tolerance, space stations. 14.0–14.5 GHz (Earth-to-space) The carrier frequency of each space station transmitter authorized in these ESVs shall be authorized and coordi- services shall be maintained within nated as set forth in §§ 25.221 and 25.222. 0.002 percent of the reference fre- ESV operators, collectively, may co- quency. ordinate up to 180 megahertz of spec- (f) Emission limitations. Except for trum in the 5925–6425 MHz (Earth-to- SDARS terrestrial repeaters and as space) band for all ESV operations at provided for in paragraph (i), the mean any given location subject to coordina- power of emissions shall be attenuated tion. below the mean output power of the (9) The following frequencies are transmitter in accordance with the available for use by the Broadcasting- schedule set forth in paragraphs (f)(1) Satellite Service after 1 April 2007: through (f)(4) of this section. The out- 17.3–17.7 GHz (space-to-Earth) of-band emissions of SDARS terrestrial 17.7–17.8 GHz (space-to-Earth) repeaters shall be attenuated in ac- NOTE 1 TO PARAGRAPH (a)(9): Use of the 17.3– cordance with the schedule set forth in 17.7 GHz band by the broadcasting-satellite paragraph (h) of this section. service is limited to geostationary satellite (1) In any 4 kHz band, the center fre- orbit systems. quency of which is removed from the NOTE 2 TO PARAGRAPH (a)(9): Use of the 17.7– assigned frequency by more than 50 17.8 GHz band (space-to-Earth) by the broad- percent up to and including 100 percent casting-satellite service is limited to trans- of the authorized bandwidth: 25 dB; missions from geostationary satellite orbit (2) In any 4 kHz band, the center fre- systems to receiving earth stations located outside of the United States and its Posses- quency of which is removed from the sions. In the United States and its Posses- assigned frequency by more than 100 sions, the 17.7–17.8 GHz band is allocated on percent up to and including 250 percent a primary basis to the Fixed Service. of the authorized bandwidth: 35 dB;

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(3) In any 4 kHz band, the center fre- commence commercial service within quency of which is removed from the the following 365 days. Starting 180 assigned frequency by more than 250 days after receipt of such written no- percent of the authorized bandwidth: tice, SDARS repeaters within the area An amount equal to 43 dB plus 10 times notified by the potentially affected the logarithm (to the base 10) of the WCS licensee must attenuate out-of- transmitter power in watts; band emissions to the levels specified (4) In any event, when an emission in paragraphs (h)(1) and (h)(2) of this outside of the authorized bandwidth section. causes harmful interference, the Com- (4) For the purpose of this section, a mission may, at its discretion, require WCS licensee is potentially affected if greater attenuation than specified in it is authorized to operate a base sta- paragraphs (f) (1), (2) and (3) of this section in the 2305–2315 MHz or 2350–2360 tion. MHz bands within 25 kilometers of a re- (g)(1) Telemetry, tracking, and com- peater seeking to operate with an out mand signals may be transmitted in of band emission attenuation factor frequencies within the assigned bands less than those prescribed in para- that are not at a band edge only if the graphs (h)(1) or (2) of this section. transmissions cause no greater inter- (i) The WCS licensee is authorized to ference and require no greater protec- operate a base station in the 2305–2315 tion from harmful interference than MHz or 2350–2360 MHz bands in the the communications traffic on the sat- same Major Economic Area (MEA) as ellite network or have been coordi- that in which a SDARS terrestrial re- nated with operators of authorized co- peater is located. frequency space stations at orbital lo- (ii) The WCS licensee is authorized to cations within six degrees of the as- operate a base station in the 2315–2320 signed orbital location. MHz or 2345–2350 MHz bands in the (2) Frequencies, polarization, and same Regional Economic Area Group- coding of telemetry, tracking, and ing (REAG) as that in which a SDARS command transmissions must be se- terrestrial repeater is located. lected to minimize interference into (iii) A SDARS terrestrial repeater is other satellite networks. located within 5 kilometers of the (h) Out-of-band emission limitations for boundary of an MEA or REAG in which SDARS terrestrial repeaters. (1) Any the WCS licensee is authorized to oper- SDARS terrestrial repeater operating ate a WCS base station. at a power level greater than 2-watt av- (i) The following unwanted emissions erage EIRP is required to attenuate its power limits for non-geostationary sat- out-of-band emissions below the trans- ellites operating in the inter-satellite mitter power P by a factor of not less service that transmit in the 22.55–23.55 than 90 + 10 log (P) dB in a 1-megahertz GHz band shall apply in any 200 MHz of bandwidth outside the 2320–2345 MHz the 23.6–24 GHz passive band, based on band, where P is average transmitter the date that complete advance publi- output power in watts. cation information is received by the (2) Any SDARS terrestrial repeater ITU’s Radiocommunication Bureau: operating at a power level equal to or (1) For information received before less than 2-watt average EIRP is re- January 1, 2020: ¥36 dBW. quired to attenuate its out-of-band (2) For information received on or emissions below the transmitter power after January 1, 2020: ¥46 dBW. P by a factor of not less than 75 + 10 log (j) For earth stations in the Fixed- (P) dB in a 1-megahertz bandwidth out- Satellite Service (Earth-to-space) that side the 2320–2345 MHz band, where P is transmit in the 49.7–50.2 GHz and 50.4– average transmitter output power in 50.9 GHz bands, the unwanted emission watts. power in the 50.2–50.4 GHz band shall (3) SDARS repeaters are permitted to not exceed ¥20 dBW/200 MHz (measured attenuate out-of-band emissions less at the input of the antenna), except than the levels specified in paragraphs that the maximum unwanted emission (h)(1) and (h)(2), of this section unless a power may be increased to ¥10 dBW/200 potentially affected WCS licensee pro- MHz for earth stations having an an- vides written notice that it intends to tenna gain greater than or equal to 57

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dBi. These limits apply under clear-sky station applicant shall also include in conditions. During fading conditions, the application relevant technical de- the limits may be exceeded by earth tails (both theoretical calculations stations when using uplink power con- and/or actual measurements) of any trol. special techniques, such as the use of [30 FR 7176, May 28, 1965] artificial site shielding, or operating procedures or restrictions at the pro- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 25.202, see the List of CFR posed earth station which are to be em- Sections Affected, which appears in the ployed to reduce the likelihood of in- Finding Aids section of the printed volume terference, or of any particular charac- and at www.fdsys.gov. teristics of the earth station site which could have an effect on the calculation § 25.203 Choice of sites and fre- of the coordination distance. quencies. (c) Prior to the filing of its applica- (a) Sites and frequencies for earth tion, an applicant for operation of an stations, other than ESVs, operating in earth station, other than an ESV, frequency bands shared with equal VMES or ESAA, shall coordinate the rights between terrestrial and space proposed frequency usage with existing services, shall be selected, to the extent practicable, in areas where the terrestrial users and with applicants surrounding terrain and existing fre- for terrestrial station authorizations quency usage are such as to minimize with previously filed applications in the possibility of harmful interference accordance with the following proce- between the sharing services. dure: (b) An applicant for an earth station (1) An applicant for an earth station authorization, other than an ESV, in a authorization shall perform an inter- frequency band shared with equal ference analysis in accordance with the rights with terrestrial microwave serv- procedures set forth in § 25.251 for each ices shall compute the great circle co- terrestrial station, for which a license ordination distance contour(s) for the or construction permit has been grant- proposed station in accordance with ed or for which an application has been the procedures set forth in § 25.251. The accepted for filing, which is or is to be applicant shall submit with the appli- operated in a shared frequency band to cation a map or maps drawn to appro- be used by the proposed earth station priate scale and in a form suitable for and which is located within the great reproduction indicating the location of circle coordination distance contour(s) the proposed station and these con- of the proposed earth station. tours. These maps, together with the (2) The earth station applicant shall pertinent data on which the computa- provide each such terrestrial station li- tion of these contours is based, includ- censee, permittee, and prior filed appli- ing all relevant transmitting and/or re- cant with the technical details of the ceiving parameters of the proposed sta- proposed earth station and the relevant tion that is necessary in assessing the interference analyses that were made. likelihood of interference, an appro- At a minimum, the earth station appli- priately scaled plot of the elevation of cant shall provide the terrestrial user the local horizon as a function of azi- with the following technical informa- muth, and the electrical characteris- tion: tics of the earth station antenna(s), (i) The geographical coordinates of shall be submitted by the applicant in the proposed earth station antenna(s), a single exhibit to the application. The coordination distance contour plot(s), (ii) Proposed operating frequency horizon elevation plot, and antenna ho- band(s) and emission(s), rizon gain plot(s) required by this sec- (iii) Antenna center height above tion may also be submitted in tabular ground and ground elevation above numerical format at 5° azimuthal in- mean sea level, crements instead of graphical format. (iv) Antenna gain pattern(s) in the At a minimum, this exhibit shall in- plane of the main beam, clude the information listed in para- (v) Longitude range of geostationary graph (c)(2) of this section. An earth satellite orbit (GSO) satellites at

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which antenna may be pointed, for pro- (6) Multiple antennas in an NGSO posed earth station antenna(s) access- FSS gateway earth station complex lo- ing GSO satellites, cated within an area bounded by one (vi) Horizon elevation plot, second of latitude and one second of (vii) Antenna horizon gain plot(s) de- longitude may be regarded as a single termined in accordance with § 25.251 for earth station for purposes of coordina- satellite longitude range specified in tion with terrestrial services. paragraph (c)(2)(v) of this section, tak- (d) An applicant for operation of an ing into account the provisions of earth station, other than an ESV, § 25.251 for earth stations operating VMES or an ESAA, shall also ascertain with non-geostationary satellites, whether the great circle coordination (viii) Minimum elevation angle, distance contours and rain scatter co- (ix) Maximum equivalent ordination distance contours, com- isotropically radiated power (e.i.r.p.) puted for those values of parameters density in the main beam in any 4 kHz indicated in § 25.251 (Appendix 7 of the band, (dBW/4 kHz) for frequency bands ITU RR) for international coordina- below 15 GHz or in any 1 MHz band tion, cross the boundaries of another (dBW/MHz) for frequency band above 15 Administration. In this case, the appli- GHz, cant shall furnish the Commission cop- (x) Maximum available RF transmit ies of these contours on maps drawn to power density in any 1 MHz band and in appropriate scale for use by the Com- any 4 kHz band at the input terminals mission in effecting coordination of the of the antenna(s), proposed earth station with the Admin- (xi) Maximum permissible RF inter- istration(s) affected. ference power level as determined in (e) Protection for Table Mountain accordance with § 25.251 for all applica- Radio Receiving Zone, Boulder County, ble percentages of time, and Colorado. (xii) A plot of great circle coordina- (1) Applicants for a station author- tion distance contour(s) and rain scat- ization to operate in the vicinity of ter coordination distance contour(s) as Boulder County, Colorado under this determined by § 25.251. part are advised to give due consider- (3) The coordination procedures spec- ation, prior to filing applications, to ified in § 101.103 of this chapter and the need to protect the Table Mountain § 25.251 shall be applicable except that Radio Receiving Zone from harmful in- the information to be provided shall be terference. These are the research lab- that set forth in paragraph (c)(2) of this oratories of the Department of Com- section, and that the 30-day period al- merce, Boulder County, Colorado. To lowed for response to a request for co- prevent degradation of the present am- ordination may be increased to a max- bient radio signal level at the site, the imum of 45 days by mutual consent of Department of Commerce seeks to en- the parties. sure that the field strengths of any ra- (4) Where technical problems are re- diated signals (excluding reflected sig- solved by an agreement or operating nals) received on this 1800 acre site (in arrangement between the parties that the vicinity of coordinates 40°07′50″ N would require special procedures be Latitude, 105°14′40″ W Longitude) re- taken to reduce the likelihood of harm- sulting from new assignments (other ful interference (such as the use of arti- than mobile stations) or from the ficial site shielding) or would result in modification or relocation of existing lessened quality or capacity of either facilities do not exceed the following system, the details thereof shall be values: contained in the application. (5) The Commission may, in the In authorized bandwidth of service course of examining any application, Frequency range require the submission of additional Field Power flux strength density 1 showings, complete with pertinent data (mV/m) (dBW/m2) and calculations in accordance with ¥ § 25.251, showing that harmful inter- Below 540 kHz ...... 10 65.8 540 to 1600 kHz ...... 20 ¥59.8 ference is not likely to result from the 1.6 to 470 MHz ...... 10 2¥65.8 proposed operation. 470 to 890 MHz ...... 30 2¥56.2

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In authorized bandwidth (f) Notification to the National Radio of service Astronomy Observatory: In order to min- Frequency range Field Power flux imize possible harmful interference at strength density 1 the National Radio Astronomy Observ- (mV/m) (dBW/m2) atory site at Green Bank, Pocahontas Above 890 MHz ...... 1 2¥85.8 County, W. Va., and at the Naval Radio 1 Equivalent values of power flux density are calculated as- Research Observatory site at Sugar suming free space characteristic impedance of 376.7 = 120π Grove, Pendleton County, W. Va., any ohms. 2 Space stations shall conform to the power flux density lim- applicant for operating authority its at the earth’s surface specified in appropriate parts of the under this part for a new transmit or FCC rules, but in no case should exceed the above levels in any 4 kHz band for all angles of arrival. transmit-receive earth station, other (2) Advance consultation is rec- than a mobile or temporary fixed station, within the area bounded by 39°15′ ommended particularly for those appli- ° ′ cants who have no reliable data which N. on the north, 78 30 W. on the east, ° ′ ° ′ indicates whether the field strength or 37 30 N. on the south and 80 30 W. on power flux density figures in the above the west or for modification of an ex- table would be exceeded by their pro- isting license for such station to posed radio facilities (except mobile change the station’s frequency, power, stations). In such instances, the fol- antenna height or directivity, or loca- lowing is a suggested guide for deter- tion must, when filing the application mining whether coordination is rec- with the Commission, simultaneously ommended: notify the Director, National Radio As- (i) All stations within 2.5 kilometers; tronomy Observatory, P.O. Box No. 2, (ii) Stations within 5 kilometers with Green Bank, W. Va. 24944, in writing, of 50 watts or more average effective radi- the technical particulars of the pro- ated power (ERP) in the primary plane posed station. Such notification shall of polarization in the azimuthal direc- include the geographical coordinates of tion of the Table Mountain Radio Re- the antenna, antenna height, antenna ceiving Zone; directivity if any, proposed frequency, (iii) Stations within 15 kilometers type of emission, and power. In addi- with 1 kW or more average ERP in the tion, the applicant shall indicate in his primary plane of polarization in the az- application to the Commission the date imuthal direction of Table Mountain notification was made to the observ- Receiving Zone; atory. After receipt of such applica- (iv) Stations within 80 kilometers tions, the Commission will allow a pe- with 25 kW or more average ERP in the riod of 20 days for comments or objec- primary plane of polarization in the az- tions in response to the notifications imuthal direction of Table Mountain indicated. If an objection to the pro- Receiving Zone. posed operation is received during the (3) Applicants concerned are urged to 20-day period from the National Radio communicate with the Radio Fre- Astronomy Observatory for itself or on quency Management Coordinator, De- behalf of the Naval Radio Research Ob- partment of Commerce, Research Sup- servatory, the Commission will con- port Services, NOAA R/E5X2, Boulder sider all aspects of the problem and Laboratories, Boulder, CO 80303; tele- take whatever action is deemed appro- phone (303) 497–6548, in advance of filing priate. their applications with the Commis- (g) Protection for Federal Commu- sion. nications Commission monitoring sta- (4) The Commission will not screen tions: applications to determine whether ad- (1) Applicants for authority to oper- vance consultation has taken place. ate a new transmitting earth station in However, applicants are advised that the vicinity of an FCC monitoring sta- such consultation can avoid objections tion or to modify the operation of a from the Department of Commerce or transmitting earth station in a way proceedings to modify any authoriza- that would increase the field strength tion which may be granted which, in produced at such a monitoring station fact, delivers a signal at the site in ex- above that previously authorized cess of the field strength specified should consider the possible need to herein. protect the FCC stations from harmful

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interference. Geographic coordinates of chapter and also meets the criteria the facilities that require protection outlined in paragraphs (g)(2) and (3) of are listed in § 0.121(c) of this chapter. this section. Applications for fixed stations that (5) The Commission will not screen will produce field strength greater than applications to determine whether ad- 10 mV/m or power flux density greater vance consultation has taken place. than ¥65.8 dBW/m2 in the authorized However, applicants are advised that emission bandwidth at any of the ref- such consultation can avoid objections erenced coordinates may be examined from the Federal Communications to determine the extent of possible in- Commission or modification of any au- terference. Depending on the theo- thorization which will cause harmful retical field strength value and exist- interference. ing root-sum-square or other ambient (h) Sites and frequencies for GSO and radio field signal levels at the ref- NGSO earth stations, operating in a erenced coordinates, a condition to frequency band where both have a co- protect the monitoring station may be primary allocation, shall be selected to included in the station authorization. avoid earth station antenna mainlobe- (2) In the event that the calculated to-satellite antenna mainlobe coupling, value of the expected field strength ex- between NGSO systems and between ceeds 10 mV/m (¥65.8 dBW/m2) at the NGSO and GSO systems, in order to reference coordinates, or if there is any minimize the possibility of harmful in- question whether field strength levels terference between these services. might exceed the threshold value, ad- Prior to filing an earth station applica- vance consultation with the FCC to tion, in bands with co-primary alloca- discuss any protection necessary tions to NGSO and GSO earth stations, should be considered. See § 0.401 of this the applicant shall coordinate the pro- chapter for contact information. posed site and frequency usage with ex- (3) Advance consultation is suggested isting earth station licensees and with particularly for those applicants who current earth station authorization ap- have no reliable data which indicates plicants. whether the field strength or power (i) Any applicant for a new perma- flux density figure indicated would be nent transmitting fixed earth station exceeded by their proposed radio facili- to be located on the island of Puerto ties (except mobile stations). In such Rico, Desecheo, Mona, Vieques, or instances, the following is a suggested Culebra, or for modification of an ex- guide for determining whether an ap- isting authorization to change the fre- plicant should coordinate: quency, power, antenna height, direc- (i) All stations within 2.5 kilometers; tivity, or location of such a station on (ii) Stations within 5 kilometers with one of these islands in a way that 50 watts or more average effective radi- would increase the likelihood of caus- ated power (ERP) in the primary plane ing interference, must notify the Inter- of polarization in the azimuthal direc- ference Office, Arecibo Observatory, tion of the Monitoring Station; HC3 Box 53995, Arecibo, Puerto Rico (iii) Stations within 15 kilometers 00612, in writing or electronically, of with 1 kW or more average ERP in the the technical parameters of the pro- primary plane of polarization in the az- posal. Applicants may wish to consult imuthal direction of the Monitoring interference guidelines, which will be Station; provided by Cornell University. Appli- (iv) Stations within 80 kilometers cants who choose to transmit informa- with 25 kW or more average ERP in the tion electronically should e-mail to: primary plane of polarization in the az- [email protected]. imuthal direction of the Monitoring (1) The notification to the Inter- Station. ference Office, Arecibo Observatory (4) Advance coordination for stations shall be made prior to, or simulta- operating above 1000 MHz is rec- neously with, the filing of the applica- ommended only where the proposed tion with the Commission. The notifi- station is in the vicinity of a moni- cation must specify the geographical toring station designated as a satellite coordinates of the antenna (NAD–83 monitoring facility in § 0.121(c) of this datum), antenna height above ground,

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ground elevation at the antenna, an- erator(s) of the space station(s) with tenna directivity and gain, proposed which the earth station is to commu- frequency, relevant FCC rule part, type nicate and the operator(s) of any other of emission, effective radiated power, space station licensed to use the band. and whether the proposed use is (l) Applicants for feeder link earth itinerant. Generally, submission of the station facilities operating in the 25.05– information in the technical portion of 25.25 GHz band may be licensed only in the FCC license application is adequate Economic Areas where no existing FS notification. In addition, the applicant licensee has been authorized, and shall shall indicate in its application to the coordinate their operations with 24 Commission the date notification was GHz fixed service operations if the made to the Arecibo Observatory. power flux density of their transmitted (2) After receipt of such applications, signal at the boundary of the fixed the Commission will allow the Arecibo service license area is equal to or Observatory a period of 20 days for greater than ¥114 dBW/m2 in any 1 comments or objections in response to MHz. the notification indicated. The appli- (1) When uplink adaptive power con- cant will be required to make reason- trol is used, the EIRP used for calcula- able efforts in order to resolve or miti- tion of the power flux density level gate any potential interference prob- should be the maximum possible, tak- lem with the Arecibo Observatory and ing into account the adaptive power in- to file either an amendment to the ap- crease. plication or a modification application, (2) The power flux density levels as appropriate. If the Commission de- should be calculated based on the ac- termines that an applicant has satis- tual off-axis gain characteristics of the fied its responsibility to make reason- earth station antenna, and should as- able efforts to protect the Observatory sume free space propagation condi- from interference, its application may tions. be granted. (3) When determining whether the (3) The provisions of this paragraph power flux density threshold limit is do not apply to operations that trans- exceeded at the 24 GHz FS licensing mit on frequencies above 15 GHz. boundary, a feeder link earth station (j) Applicants for NGSO 1.6/2.4 GHz applicant must take into account not Mobile-Satellite Service/Radio- only the transmissions from its own determination-Satellite Service feeder antenna(s), but also those from any links in the 17.7–20.2 GHz and 27.5–30.0 previously authorized feeder link earth GHz bands must coordinate with li- stations. Thus, if the cumulative power censees of FSS and terrestrial-service flux density level at the FS license systems sharing the band to determine boundary is in excess of ¥114 dBW/m2/ geographic protection areas around MHz, the earth station applicant must each NGSO MSS/Radiodetermination- either modify its proposed operations Satellite Service feeder-link earth sta- such that this value is not exceeded, or tion. enter into coordination with the af- (k) An applicant for operation of an fected FS licensee. earth station, other than an ESV, [30 FR 7176, May 28, 1965] VMES or an ESAA, that will operate EDITORIAL NOTE: For FEDERAL REGISTER ci- with a geostationary satellite or non- tations affecting § 25.203, see the List of CFR geostationary satellite in a shared fre- Sections Affected, which appears in the quency band in which the non-geo- Finding Aids section of the printed volume stationary system is (or is proposed to and at www.fdsys.gov. be) licensed for feeder links, shall demonstrate in its applications that its § 25.204 Power limits for earth sta- proposed earth station will not cause tions. unacceptable interference to any other (a) In bands shared coequally with satellite network that is authorized to terrestrial radio communication serv- operate in the same frequency band, or ices, the equivalent isotropically radi- certify that the operations of its earth ated power transmitted in any direc- station shall conform to established co- tion towards the horizon by an earth ordination agreements between the op- station, other than an ESV, operating

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in frequency bands between 1 and 15 tion under conditions of uplink fading GHz, shall not exceed the following due to precipitation by an amount not limits except as provided for in para- to exceed 1 dB above the actual amount graph (c) of this section: of monitored excess attenuation over clear sky propagation conditions. EIRP + 40 dBW in any 4 kHz band for q ≤0° levels must be returned to normal as + 40 + 3q dBW in any 4 kHz band for 0° soon as the attenuating weather pat-

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conditions must not exceed 1.5 dB or 15 EIRP towards or below the horizon of percent of the actual amount of mon- 16.3 dBW. itored excess attenuation in dB, which- [48 FR 40255, Sept. 6, 1983, as amended at 58 ever is larger, with a confidence level FR 13420, Mar. 11, 1993; 61 FR 52307, Oct. 7, of 90 percent except over transient pe- 1996; 62 FR 61457, Nov. 18, 1997; 66 FR 10623, riods accounting for no more than 0.5 Feb. 16, 2001; 70 FR 4784, Jan. 31, 2005; 70 FR percent of the time during which the 32255, June 2, 2005; 72 FR 50029, Aug. 29, 2007; excess is no more than 4.0 dB. 74 FR 57098, Nov. 4, 2009; 78 FR 8427, Feb. 6, 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. (f) An earth station in the Fixed-Sat- 12, 2004; 81 FR 55336, Aug. 18, 2016] ellite Service transmitting in the 13.75– 14 GHz band must have a minimum an- § 25.205 Minimum antenna elevation tenna diameter of 4.5 m, and the EIRP angle. of any emission in that band should be (a) Earth station antennas must not at least 68 dBW and should not exceed transmit at elevation angles less than 85 dBW. five degrees, measured from the hori- (g) [Reserved] zontal plane to the direction of max- (h) ESV transmissions in the 5925– imum radiation, in a frequency band 6425 MHz (Earth-to-space) band shall shared with terrestrial radio services not exceed an e.i.r.p. spectral density or in a frequency band with an alloca- towards the radio-horizon of 17 dBW/ tion to space services operating in both MHz, and shall not exceed an e.i.r.p. to- the Earth-to-space and space-to-Earth wards the radio-horizon of 20.8 dBW. directions. In other bands, earth sta- The ESV network shall shut-off the tion antennas must not transmit at ESV transmitter if the e.i.r.p. spectral elevation angles less than three de- density towards the radio-horizon or grees. In some instances, it may be e.i.r.p. towards the radio-horizon are necessary to specify greater minimum exceeded. elevation angles because of inter- (i) Within 125 km of the TDRSS sites ference considerations. identified in § 25.222(d), ESV trans- (b) ESAAs in aircraft on the ground missions in the 14.0–14.2 GHz (Earth-to- must not transmit at elevation angles space) band shall not exceed an e.i.r.p. less than three degrees. There is no minimum angle of antenna elevation spectral density towards the horizon of for ESAAs while airborne. 12.5 dBW/MHz, and shall not exceed an e.i.r.p. towards the horizon of 16.3 dBW. [81 FR 55336, Aug. 18, 2016] (j) Within 125 km of the Tracking and Data Relay System Satellite (TDRSS) § 25.206 Station identification. sites identified in § 25.226(c), VMES The requirement to transmit station transmissions in the 14.0–14.2 GHz identification is waived for all radio (Earth-to-space) band shall not exceed stations licensed under this part with an EIRP spectral density towards the the exception of earth stations subject horizon of 12.5 dBW/MHz, and shall not to the requirements of § 25.281. exceed an EIRP towards the horizon of [79 FR 8322, Feb. 12, 2014] 16.3 dBW. (k) Within radio line-of-sight of the § 25.207 Cessation of emissions. Tracking and Data Relay System Sat- Space stations shall be made capable ellite (TDRSS) sites identified in of ceasing radio emissions by the use of § 25.227(c), ESAA transmissions in the appropriate devices (battery life, tim- 14.0–14.2 GHz (Earth-to-space) band ing devices, ground command, etc.) shall not exceed an EIRP spectral den- that will ensure definite cessation of sity towards or below the horizon of emissions. 12.5 dBW/MHz, and shall not exceed an § 25.208 Power flux density limits. (a) In the band 3650–4200 MHz, the power flux density at the Earth’s surface produced by emissions from a space station for all conditions and for

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all methods of modulation shall not ex- tween 25 and 90 degrees above the hori- ceed the following values: zontal plane.

¥152 dB(W/m2) in any 4 kHz band for angles NOTE TO PARAGRAPH (b): These limits relate of arrival between 0 and 5 degrees above to the power flux density, which would be ob- the horizontal plane; tained under assumed free-space propagation ¥152 + (d¥5)/2 dB(W/m2) in any 4 kHz band conditions. for angles of arrival d (in degrees) between 5 and 25 degrees above the horizontal (c) In the 17.7–17.8 GHz, 18.3–18.8 GHz, plane; and 19.3–19.7 GHz, 22.55–23.00 GHz, 23.00–23.55 ¥142 dB(W/m2) in any 4 kHz band for angles GHz, and 24.45–24.75 GHz frequency of arrival between 25 and 90 degrees above the horizontal plane bands, the power flux density at the Earth’s surface produced by emissions These limits relate to the power flux from a space station for all conditions density which would be obtained under for all methods of modulation shall not assumed free-space propagation condi- exceed the following values: tions. (1) ¥115 dB (W/m2) in any 1 MHz band (b) In the bands 10.95–11.2 and 11.45– for angles of arrival between 0 and 5 de- 11.7 GHz for GSO FSS space stations grees above the horizontal plane. and 10.7–11.7 GHz for NGSO FSS space (2) ¥115 + 0.5 (d-5) dB (W/m2) in any 1 stations, the power flux-density at the MHz band for angles of arrival d (in de- Earth’s surface produced by emissions grees) between 5 and 25 degrees above from a space station for all conditions the horizontal plane. and for all methods of modulation shall (3) ¥105 dB (W/m2) in any 1 MHz band not exceed the lower of the following for angles of arrival between 25 and 90 values: degrees above the horizontal plane. (1) ¥150 dB(W/m2) in any 4 kHz band for angles of arrival between 0 and 5 de- (d) In addition to the limits specified grees above the horizontal plane; ¥150 in paragraph (c) of this section, the + (d¥5)/2 dB(W/m2) in any 4 kHz band power flux-density across the 200 MHz for angles of arrival (d) (in degrees) be- band 18.6–18.8 GHz produced at the tween 5 and 25 degrees above the hori- Earth’s surface by emissions from a zontal plane; and ¥140 dB(W/m2) in any space station under assumed free-space 4 kHz band for angles of arrival be- propagation conditions shall not ex- tween 25 and 90 degrees above the hori- ceed ¥95 dB (W/m2) for all angles of ar- zontal plane; or rival. This limit may be exceeded by up (2) ¥126 dB(W/m2) in any 1 MHz band to 3 dB for no more than 5% of the for angles of arrival between 0 and 5 de- time. grees above the horizontal plane; ¥126 (e) In the 18.8–19.3 GHz frequency + (d¥5)/2 dB(W/m2) in any 1 MHz band band, the power flux-density at the for angles of arrival (d) (in degrees) be- Earth’s surface produced by emissions tween 5 and 25 degrees above the hori- from a space station for all conditions zontal plane; and ¥116 dB(W/m2) in any and for all methods of modulation shall 1 MHz band for angles of arrival be- not exceed the following values:

¥115¥X dB(W/m2 ÷ MHz) ...... for 0° ≤d <5° ¥115¥X + ((10 + X)/20)(d¥5)dB(W/m2 ÷ MHz) ...... for 5° ≤d <25° ¥105 dB(W/m2 ÷ MHz) ...... for 25° ≤d <90°

Where: (g) In the 10.7–11.7 GHz and 11.7–12.2 d: is the angle of arrival above the horizontal GHz bands, the single-entry equivalent plane; and power-flux density in the space-to- X is defined as a function of the number of Earth direction (EPFD ), at any satellites in the non-GSO FSS constella- down tion, n, as follows: point on the Earth’s surface, produced by emissions from all co-frequency ≤ for n 50 ...... X = 0 (dB) space stations of a single non-geo- for 50 288 ...... X = (1/69) (n + 402) (dB) tem operating in the Fixed-Satellite (f) [Reserved]

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Service (FSS) shall not exceed the following limits for the given percentages of time. Tables 1G and 2G follow:

TABLE 1G—SINGLE-ENTRY EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH STATION ANTENNAS 12

Percentage of time during Frequency band (GHz) for Inter- Single-entry which Reference Reference antenna diameter and national EPFDdown bandwidth 3 2 EPFDdown reference radiation pattern Allocations dB(W/m ) level may not (kHz) be exceeded

10.7–11.7 in all Regions; 11.7–12.2 ¥175.4 0 40 60 cm, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥174 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥170.8 99 and 3. ¥165.3 99.73 ¥160.4 99.991 ¥160 99.997 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥181.9 0 40 1.2 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥178.4 99.5 S.1428. 3; and 12.5–12.75 in Regions 1 ¥173.4 99.74 and 3. ¥173 99.857 ¥164 99.954 ¥161.6 99.984 ¥161.4 99.991 ¥160.8 99.997 ¥160.5 99.997 ¥160 99.9993 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥190.45 0 40 3 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥189.45 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥187.45 99.5 and 3. ¥182.4 99.7 ¥182 99.855 ¥168 99.971 ¥164 99.988 ¥162 99.995 ¥160 99.999 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥195.45 0 40 10 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥195.45 99 S.1428. 3; and 12.5–12.75 in Regions 1 ¥190 99.65 and 3. ¥190 99.71 ¥172.5 99.99 ¥160 99.998 ¥160 100 1 In addition to the limits shown in Table 1G, the limits shown in Table 2G shall apply to all antenna sizes greater than 60 cm in the frequency bands listed in Table 1G. 2 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight lines joining the data points. 3 The earth station antenna reference radiation patterns are to be used only for the calculation of interference from NGSO FSS systems into GSO FSS systems.

TABLE 2G—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

–160 ...... 0 <| Latitude | ≤57.5. –160 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 <| Latitude | ≤63.75 –165.3 ...... 63.75 ≤| Latitude |

NOTE TO PARAGRAPH (g): These limits relate tion conditions, for all conditions and for all to the equivalent power flux density, which methods of modulation. would be obtained under free-space propaga-

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(h) In the 10.7–11.7 GHz and 11.7–12.2 space stations of all non-geostationary- GHz bands, the aggregate equivalent satellite orbit systems operating in the power-flux density in the space-to- Fixed-Satellite Service (FSS) shall not Earth direction (EPFDdown), at any exceed the following limits for the point on the Earth’s surface, produced given percentages of time. Tables 1H by emissions from all co-frequency and 2H follow:

TABLE 1H—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 0.6, 1.2, 3 AND 10 METER GSO FSS EARTH STATION ANTENNAS 1

Percentage of time during Frequency band (GHz) for Inter- Aggregate which Reference Reference antenna diameter and EPFDdown bandwidth 2 national Allocations 2 EPFDdown may reference radiation pattern dB(W/m ) not be (kHz) exceeded

10.7–11.7 in all Regions; 11.7–12.2 ¥170 0 40 60 cm, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥168.6 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥165.3 99 and 3. ¥160.4 99.97 ¥160 99.99 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥176.5 0 40 1.2 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥173 99.5 S.1428. 3; and 12.5–12.75 in Regions 1 ¥164 99.84 and 3. ¥161.6 99.945 ¥164.4 99.97 ¥160.8 99.99 ¥160.5 99.99 ¥160 99.9975 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥185 0 40 3 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥184 90 S.1428. 3; and 12.5–12.75 in Regions 1 ¥182 99.5 and 3. ¥168 99.9 ¥164 99.96 ¥162 99.982 ¥160 99.997 ¥160 100

10.7–11.7 in all Regions; 11.7–12.2 ¥190 0 40 10 m, Recommendation ITU-R in Region 2; 12.2–12.5 in Region ¥190 99 S.1428. 3; and 12.5–12.75 in Regions 1 ¥166 99.99 and 3. ¥160 99.998 ¥160 100

1 In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H shall apply to all antenna sizes greater than 60 cm in the frequency bands listed in Table 1H. 2 The earth station antenna reference patterns are to be used only for the calculation of interference from NGSO FSS systems into GSO FSS systems.

TABLE 2H—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

–160 ...... 0 <| Latitude | ≤57.5 –160 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 <| Latitude | ≤63.75 –165.3 ...... 63.75 ≤| Latitude |

NOTE TO PARAGRAPH (h): These limits re- space-to-Earth direction, (additional late to the equivalent power flux density, operational EPFDdown) at any point on which would be obtained under free-space the Earth’s surface, produced by actual propagation conditions, for all conditions and for all methods of modulation. operational emissions from all co-frequency space stations of a non-geo- (i) In the 10.7–11.7 GHz and 11.7–12.2 stationary-satellite orbit (NGSO) sys- GHz bands, the additional operational tem operating in the Fixed-Satellite equivalent power-flux density, in the

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Service (FSS) shall not exceed the following operational limits for the given percentages of time:

ADDITIONAL OPERATIONAL LIMITS ON THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS INTO 3 M AND 10 M GSO FSS EARTH STATION ANTENNAS

Percentage of time during 2 Receive GSO earth station EPFDdown dB(W/(m /40 kHz)) which EPFDdown may not be exceeded antenna diameter (m)

¥182 ...... 99.9. ¥179 ...... 99.94. ¥176 ...... 99.97. ¥171 ...... 99.98. ¥168 ...... 99.984 ...... 3. ¥165 ...... 99.993. ¥163 ...... 99.999. ¥161.25 ...... 99.99975.

¥161.25 ...... 100. ¥185 ...... 99.97. ¥183 ...... 99.98. ¥179 ...... 99.99. ¥175 ...... 99.996. ¥171 ...... 99.998 ...... 10. ¥168 ...... 99.999. ¥166 ...... 99.9998. ¥166 ...... 100.

NOTE TO PARAGRAPH (i): These limits relate at any point on the Earth’s surface, to the equivalent power flux density, which produced by actual operational emis- is obtained under free-space propagation sions from the in-line co-frequency conditions, for all conditions and for all methods of modulation. space station of a non-geostationary- satellite orbit (NGSO) system oper- (j) In the 10.7–11.7 GHz and 11.7–12.2 ating in the Fixed-Satellite Service GHz bands, the operational equivalent (FSS) shall not exceed the following power-flux density, in the space-to- operational limits for 100% of the time: Earth direction, (operational EPFDdown)

OPERATIONAL LIMITS TO THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS 1

Percentage Receive of time dur- Reference GSO earth Orbital inclination Frequency band (GHz) for International alloca- EPFDdown ing which 2 bandwidth station an- of GSO satelite tions dB(W/m ) EPFDdown (kHz) tenna di- (degrees) may not be 2 exceeded ameter (m)

Prior to 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Regions 2; 12.2–12.5 in Region 3; and 12.5;–12.75 in Regions 1 and 3 ¥163 3 ¥166 6 ¥167.5 9 ¥169.5 ≥18 100 ≤2.5 40 Prior to 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥160 3 ¥163 6 ¥164.5 9 ¥166.5 ≥18 100 >2.5 and 40 ≤4.5

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OPERATIONAL LIMITS TO THE EPFDdown RADIATED BY NON-GSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS 1—Continued

From 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥161.25 3 ¥164 6 ¥165.5 9 ¥167.5 ≥18 100 ≤2.5 40

From 31 December 2005: 10.7–11.7 in all Re- gions; 11.7–12.2 in Region 2; 12.2–12.5 in Re- gion 3; and 12.5–12.75 in Regions 1 and 3 ..... ¥158.25 3 ¥161 6 ¥162.5 9 ¥164.5 ≥18 100 >2.5 and 40 ≤4.5

1 The operational limits on the EPFDdown radiated by non-GSO FSS systems shall be the values given in Table 2G or this table, whichever are the more stringent. 2 For antenna diameters between the values given in this table, the limits are given by linear interpolation using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters.

NOTE TO PARAGRAPH (j): These limits relate duced at any point on the geo- to the operational equivalent power flux- stationary satellite orbit (GSO) by the density which would be obtained under free- emissions from all co-frequency earth space propagation conditions, for all condi- stations in a non-geostationary sat- tions, for all methods of modulation and for ellite orbit Fixed-Satellite Service the specified inclined GSO FSS operations. (NGSO FSS) system, for all conditions (k) In the 12.75–13.15 GHz, 13.2125–13.25 and for all methods of modulation, GHz and 13.75–14.5 GHz bands, the shall not exceed the following limits equivalent power flux-density, in the for the specified percentages of time Earth-to-space direction, (EPFDup) pro- limits:

LIMITS TO THE EPFDup RADIATED BY NGSO FSS SYSTEMS IN CERTAIN FREQUENCY BANDS

Percentage of time dur- Reference Reference antenna beam- EPFDup ing which Frequency band (GHz) for International Allocations 2 bandwidth width and reference radi- dB(W/m ) EPFDup 1 may not be (kHz) ation pattern exceeded

12.5–12.75; 12.75–13.25; 13.75–14.5 ...... ¥160 100 40 4° ITU-R S.672–4, Ls=¥20

1 For the case of Ls = ¥10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of Recommenda- tion ITU-R S.672–4 for single-feed circular beams. In all cases of Ls, the parabolic main beam equation should start at zero.

NOTE TO PARAGRAPH (k): These limits re- equivalent power-flux density, in the late to the uplink equivalent power flux den- space-to-Earth direction, (EPFDdown), sity, which would be obtained under free- at any point on the Earth’s surface, space propagation conditions, for all conditions and for all methods of modulation. produced by emissions from all co-frequency space stations of a single non- (l) In the 11.7–12.2 GHz and 12.5–12.75 geostationary-satellite orbit (NGSO) GHz bands in Region 3, 11.7–12.5 GHz system operating in the Fixed-Satellite bands in Region 1, and 12.2–12.7 GHz band in Region 2, the single-entry

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Service (FSS) shall not exceed the following limits in Tables 1L and 2L for the given percentages of time:

TABLE 1L—SINGLE-ENTRY EPFD down LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235

Percentage of Frequency band (GHz) for inter- time during Reference EPDF down which Reference antenna diameter and national 2 bandwidth 4 dB(W/m ) EPFDdown reference radiation pattern allocations level may not (kHz) be exceeded

11.7–12.5 in Region 1; 1.7–12.2 and ¥165.841 0 40 30 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥165.541 25 Recommendation ITU-R in Region 2. ¥164.041 96 BO.1443 Annex 1 ¥158.6 98.857 ¥158.6 99.429 ¥158.33 99.429 ¥158.33 99.429 100 11.7–12.5 in Region 1; 1.7–12.2 and ¥175.441 0 40 45 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥172.441 66 Recommendation ITU-R in Region 2. ¥169.441 97.75 BO.1443 Annex 1 ¥164 99.357 ¥160.75 99.809 ¥160 99.986 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥176.441 0 40 60 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥173.191 97.8 Recommendation ITU-R in Region 2. ¥167.75 99.371 BO. 1443 Annex 1 ¥162 99.886 ¥161 99.943 ¥160.2 99.971 ¥160 99.997 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥178.94 0 40 90 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥178.44 33 Recommendation ITU-R in Region 2. ¥176.44 98 BO.1443 Annex 1 ¥171 99.429 ¥165.5 99.714 ¥163 99.857 ¥161 99.943 ¥160 99.991 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥182.44 0 40 120 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥180.69 90 Recommendation ITU-R in Region 2. ¥179.19 98.9 BO.1443 Annex 1 ¥178.44 98.9 ¥174.94 99.5 ¥173.75 99.68 ¥173 99.68 ¥169.5 99.85 ¥167.8 99.915 ¥164 99.94 ¥161.9 99.97 ¥161 99.99 ¥160.4 99.998 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥184.941 0 40 180 cm 3 12.5–12.75 in Region 3; 12.2–12.7 ¥184.101 33 Recommendation ITU-R in Region 2. ¥181.691 98.5 BO.1443 Annex 1 ¥176.25 99.571 ¥163.25 99.946 ¥161.5 99.974 ¥160.35 99.993 ¥160 99.999 ¥160 100

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TABLE 1L—SINGLE-ENTRY EPFD down LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235—Continued

11.7–12.5 in Region 1; 1.7–12.2 and ¥187.441 0 40 240 cm 2 12.5–12.75 in Region 3; 12.2–12.7 ¥186.341 33 Recommendation ITU-R in Region 2. ¥183.441 99.25 BO.1443 Annex 1 ¥178 99.786 ¥161.4 99.957 ¥161.9 99.983 ¥160.5 99.994 ¥160 99.999 ¥160 100

11.7–12.5 in Region 1; 1.7–12.2 and ¥191.941 0 40 300 cm 12.5–12.75 in Region 3; 12.2–12.7 ¥189.441 33 Recommendation ITU-R in Region 2. ¥185.941 99.5 BO.1443 Annex 1 ¥180.5 99.857 ¥173 99.914 ¥167 99.951 ¥162 99.983 ¥160 99.991 ¥160 100 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the single-entry limits shown in Table 1L, the limits in Table 2L shall also apply in the frequency band listed in Table 1L. 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110° W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/ 40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into BSS systems. 5 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data points.

TABLE 2L—SINGLE-ENTRY EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 100% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

¥160.0 ...... 0 ≤| Latitude | ≤57.5 ¥160.0 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 ≤| Latitude | ≤63.75 ¥165.3 ...... 63.75 ≤| Latitude |

NOTE TO PARAGRAPH (l): These limits relate to-Earth direction, (EPFDdown) at any to the equivalent power flux density, which point on the Earth’s surface, produced would be obtained under free-space propaga- by emissions from all co-frequency tion conditions, for all conditions and for all methods of modulation. space stations of all non-geostationary- satellite orbit systems operating in the (m) In the 11.7–12.2 GHz and 12.5–12.75 Fixed-Satellite Service (FSS) shall not GHz bands in Region 3, 11.7–12.5 GHz exceed the following limits in Tables bands in Region 1, and 12.2–12.7 GHz 1M and 2M for the given percentages of band in Region 2, the aggregate equiva- time: lent power-flux density, in the space-

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TABLE 1M—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235

Percentage of time during which Reference Reference antenna diame- Frequency band (GHz) for international allocations EPFDdown EPFD bandwidth ter, and reference radiation dB (W/m2) down level may (kHz) pattern 4 not be exceeded

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥160.4 0 30 cm Region 3; 12.2–12.7 in Region 2. ¥160.1 25 40 Recommendation ITU-R ¥158.6 96 BO.1443 ¥158.6 98 Annex 1. ¥158.33 98 ¥158.33 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥170 0 45 cm Region 3; 12.2–12.7 in Region 2. ¥167 66 40 Recommendation ITU-R ¥164 97.75 BO.1443 ¥160.75 99.33 Annex 1. ¥160 99.95 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥171 0 60 cm Region 3; 12.2–12.7 in Region 2. ¥168.75 90 40 Recommendation ITU-R ¥167.75 97.8 BO.1443 ¥162 99.6 Annex 1. ¥161 99.8 ¥160.2 99.9 ¥160 99.99 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥173.75 0 90 cm Region 3; 12.2–12.7 in Region 2. ¥173 33 40 Recommendation ITU-R ¥171 98 BO.1443 ¥165.5 99.1 Annex 1. ¥163 99.5 ¥161 99.8 ¥160 99.97 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥177 0 120 cm Region 3; 12.2–12.7 in Region 2. ¥175.25 90 40 Recommendation ITU-R ¥173.75 98.9 BO.1443 ¥173 98.9 Annex 1. ¥169.5 99.5 ¥167.8 99.7 ¥164 99.82 ¥161.9 99.9 ¥161 99.965 ¥160.4 99.993 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥179.5 0 180 cm Region 3; 12.2–12.7 in Region 2. ¥178.66 33 40 Recommendation ITU-R ¥176.25 98.5 BO.1443 ¥163.25 99.81 Annex 1. ¥161.5 99.91 ¥160.35 99.975 ¥160 99.995 ¥160 100

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥182 0 240 cm Region 3; 12.2–12.7 in Region 2. ¥180.9 33 40 Recommendation ITU-R ¥178 99.25 BO.1443 ¥164.4 99.85 Annex 1. ¥161.9 99.94 ¥160.5 99.98 ¥160 99.995 ¥160 100

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TABLE 1M—AGGREGATE EPFDdown LIMITS FOR PROTECTION OF 30, 45, 60, 90, 120, 180, 240 AND 300 CM GSO BSS EARTH STATION ANTENNAS 1235—Continued

11.7–12.5 in Region 1; 11.7–12.2 and 12.5–12.75 in ¥186.5 0 300 cm Region 3; 12.2–12.7 in Region 2. ¥184 33 40 Recommendation ITU-R ¥180.5 99.5 BO.1443 ¥173 99.7 Annex 1. ¥167 99.83 ¥162 99.94 ¥160 99.97 ¥160 100 1 For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the aggregate limit shown in Table 1M, the limits in Table 2M shall also apply. 2 For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the 91° W.L., 101° W.L., 110° W.L., 119° W.L. and 148° W.L. nominal orbital locations with elevation angles greater than 5°, ¥167 dB(W/(m2/ 40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies to receive antennas. 3 For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are operational as of December 30, 1999 at the 110° W.L., 119° W.L. and 148° W.L. nominal orbital positions, ¥162.5 dB(W/(m2/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies. 4 Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the calculation of interference from non-GSO FSS systems into GSO BSS systems. 5 For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data points.

TABLE 2M—AGGREGATE EPFDdown LIMITS RADIATED BY NON-GSO FSS SYSTEMS AT CERTAIN LATITUDES

2 00% of the time EPFDdown dB(W/(m /40 kHz)) Latitude (North or South in degrees)

160.0 ...... 0 ≤| Latitude | ≤57.5. 160.0 + 3.4 (57.5 ¥ | Latitude |)/4 ...... 57.5 ≤| Latitude | ≤63.75. 165.3 ...... 63.75 ≤| Latitude |.

NOTE TO PARAGRAPH (m): These limits re- ellite Service (space-to-Earth), for all late to the equivalent power flux density, conditions and for all methods of mod- which would be obtained under free-space ulation, shall not exceed the limits propagation conditions, for all conditions and for all methods of modulation. given in Table N. These limits relate to the power flux-density which would be (n) The power-flux density at the obtained under assumed free-space con- Earth’s surface produced by emissions ditions. from a space station in the Fixed-Sat-

TABLE N—LIMITS OF POWER-FLUX DENSITY FROM SPACE STATIONS IN THE BAND 6700–7075 MHZ

Limit in dB (W/m2) for angle of arrival (d) above the horizontal plane Reference band- Frequency band width 0°–5° 5°–25° 25°–90°

6700–6825 MHz ...... ¥137 ...... ¥137 + 0.5(d¥5) ¥127 ...... 1 MHz. 6825–7075 MHz ...... ¥154 ...... ¥154 + 0.5(d¥5) ¥144 ...... 4 kHz. and and and ¥134 ...... ¥134 + 0.5(d¥5) ¥124 ...... 1 MHz.

(o) In the band 12.2–12.7 GHz, for (1) ¥158 dB(W/m2) in any 4 kHz band NGSO FSS space stations, the specified for angles of arrival between 0 and 2 de- low-angle power flux-density at the grees above the horizontal plane; and Earth’s surface produced by emissions (2) ¥158 + 3.33(d¥2) dB(W/m2) in any 4 from a space station shall not be ex- kHz band for angles of arrival (d) (in ceeded into an operational MVDDS re- degrees) between 2 and 5 degrees above ceiver: the horizontal plane.

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NOTE TO PARAGRAPH (o): These limits relate rain-fade conditions at the FSS Earth to the power flux density, which would be ob- station: tained under assumed free-space propagation ¥127 dB(W/m2) in any 1 MHz band for conditions. angles of arrival between 0 and 5 de- (p) The power flux-density at the grees above the horizontal plane; Earth’s surface produced by emissions ¥127 + 4/3 (d¥5) dB(W/m2) in any 1 from a space station in either the MHz band for angles of arrival d (in de- Earth exploration-satellite service in grees) between 5 and 20 degrees above the band 25.5–27 GHz or the inter-sat- the horizontal plane; and ellite service in the band 25.25–27.5 GHz ¥107 + 0.4 (d¥20) dB(W/m2) in any 1 for all conditions and for all methods MHz band for angles of arrival d (in de- of modulation shall not exceed the fol- grees) between 20 and 25 degrees above lowing values: the horizontal plane; ¥115 dB(W/m2) in any 1 MHz band for ¥105 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- angles of arrival between 25 and 90 degrees above the horizontal plane; grees above the horizontal plane. ¥115 + 0.5(¥5) dB(W/m2) in any 1 MHz band for angles of arrival between 5 NOTE TO PARAGRAPH (q): The conditions and 25 degrees above the horizontal under which satellites may exceed the power flux-density limits for normal free space plane; propagation described in paragraph (p)(1) to ¥105 dB(W/m2) in any 1 MHz band for compensate for the effects of rain fading are angles of arrival between 25 and 90 de- under study and have therefore not yet been grees above the horizontal plane. defined. Such conditions and the extent to These limits relate to the power flux- which these limits can be exceeded will be density which would be obtained under the subject of a further rulemaking by the Commission on the satellite service rules. assumed free-space propagation conditions. (r) In the band 37.5–40.0 GHz, the (q) In the band 37.5–40.0 GHz, the power flux-density at the Earth’s sur- power flux-density at the Earth’s surface produced by emissions from a non- face produced by emissions from a geo- geostationary space station for all stationary space station for all meth- methods of modulation shall not ex- ods of modulation shall not exceed the ceed the following values: following values. (1) This limit relates to the power (1) This limit relates to the power flux-density which would be obtained flux-density which would be obtained under assumed free space conditions under assumed free space conditions (that is, when no allowance is made for (that is, when no allowance is made for propogation impairments such as rain- propogation impairments such as rain- fade): fade): ¥132 dB(W/m2) in any 1 MHz band for ¥139 dB(W/m2) in any 1 MHz band for angles of arrival between 0 and 5 de- angles of arrival between 0 and 5 degrees above the horizontal plane; grees above the horizontal plane; ¥132 + 0.75 (d¥5) dB(W/m2) in any 1 ¥139 + 4/3 (d¥5) dB(W/m2) in any 1 MHz band for angles of arrival d (in de- MHz band for angles of arrival d (in degrees) between 5 and 25 degrees above grees) between 5 and 20 degrees above the horizontal plane; and the horizontal plane; and ¥117 dB(W/m2) in any 1 MHz band for ¥119 + 0.4 (d¥20) dB(W/m2) in any 1 angles of arrival between 25 and 90 de- MHz band for angles of arrival d (in degrees above the horizontal plane; grees) between 20 and 25 degrees above (2) This limit relates to the max- the horizontal plane; imum power flux-density which would ¥117 dB(W/m2) in any 1 MHz band for be obtained anywhere on the surface of angles of arrival between 25 and 90 de- the Earth during periods when FSS grees above the horizontal plane; system raises power to compensate for (2) This limit relates to the max- rain-fade conditions at the FSS Earth imum power flux-density which would station: be obtained anywhere on the surface of ¥120 dB(W/m2) in any 1 MHz band for the Earth during periods when FSS angles of arrival between 0 and 5 de- system raises power to compensate for grees above the horizontal plane;

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¥120 + 0.75 (d¥5) dB(W/m2) in any 1 (u) In the band 40.5–42.0 GHz, the MHz band for angles of arrival d (in de- power flux-density at the Earth’s sur- grees) between 5 and 25 degrees above face produced by emissions from a geo- the horizontal plane; and stationary space station for all condi- ¥105 dB(W/m2) in any 1 MHz band for tions and for all methods of modula- angles of arrival between 25 and 90 de- tion shall not exceed the following val- grees above the horizontal plane. ues: ¥120 dB(W/m2) in any 1 MHz band for NOTE TO PARAGRAPH (r): The conditions under which satellites may exceed these angles of arrival between 0 and 5 de- power flux-density limits for normal free grees above the horizontal plane; space propagation described in paragraph ¥120 + (d¥5) dB(W/m2) in any 1 MHz (q)(1) to compensate for the effects of rain band for angles of arrival d (in degrees) fading are under study and have therefore between 5 and 15 degrees above the hor- not yet been defined. Such conditions and izontal plane; the extent to which these limits can be ex- ¥110 + 0.5 (d¥15) dB(W/m2) in any 1 ceeded will be the subject of a further rule- MHz band for angles of arrival (in de- making by the Commission on the satellite d service rules. grees) between 15 and 25 degrees above the horizontal plane; and (s) In the 40.0–40.5 GHz band, the ¥105 dB(W/m2) in any 1 MHz band for power flux density at the Earth’s sur- angles of arrival between 25 and 90 de- face produced by emissions from a grees above the horizontal plane; space station for all conditions and for all methods of modulation shall not ex- NOTE TO PARAGRAPH (u): These limits relate to the power flux-density that would be ceed the following values: obtained under assumed free-space propaga- ¥ 2 115 dB(W/m ) in any 1 MHz band for tion conditions. angles of arrival between 0 and 5 degrees above the horizontal plane; (v) In the band 2496–2500 MHz, the ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 power flux-density at the Earth’s sur- MHz band for angles of arrival d (in de- face produced by emissions from non- grees) between 5 and 25 degrees above geostationary space stations for all the horizontal plane; and conditions and all methods of modula- ¥105 dB(W/m2) in any 1 MHz band for tion shall not exceed the following val- angles of arrival between 25 and 90 de- ues (these values are obtained under grees above the horizontal plane; assumed free-space propagation conditions): NOTE TO PARAGRAPH (s): These limits relate (1) ¥144 dB (W/m∧2) in 4 kHz for all to the power flux-density that would be ob- angles of arrival between 0 and 5 de- tained under assumed free-space propagation grees above the horizontal plane; ¥144 conditions. dB (W/m∧2) + 0.65(d ¥5) in 4 kHz for all (t) In the band 40.5–42.0 GHz, the angles of arrival between 5 and 25 de- power flux density at the Earth’s sur- grees above the horizontal plane; and face produced by emissions from a non- ¥131 dB (W/m∧2) in 4 kHz and for all geostationary space station for all con- angles of arrival between 25 and 90 de- ditions and for all methods of modula- grees above the horizontal plane. tion shall not exceed the following val- (2) ¥126 dB (W/m∧2) in 1 MHz for all ues: angles of arrival between 0 and 5 de- ¥115 dB(W/m2) in any 1 MHz band for grees above the horizontal plane; ¥126 angles of arrival between 0 and 5 de- dB (W/m∧2) + 0.65(d ¥5) in 1 MHz for all grees above the horizontal plane; angles of arrival between 5 and 25 de- ¥115 + 0.5 (d¥5) dB(W/m2) in any 1 grees above the horizontal plane; and MHz band for angles of arrival d (in de- ¥113 dB (W/m∧2) in 1 MHz and for all grees) between 5 and 25 degrees above angles of arrival between 25 and 90 de- the horizontal plane; and grees above the horizontal plane. ¥105 dB(W/m2) in any 1 MHz band for (w) The power flux density at the angles of arrival between 25 and 90 de- Earth’s surface produced by emissions grees above the horizontal plane; from a 17/24 GHz BSS space station op- NOTE TO PARAGRAPH (t): These limits relate erating in the 17.3–17.7 GHz band for all to the power flux density that would be ob- conditions and all methods of modula- tained under assumed free-space propagation tion must not exceed the regional conditions. power flux density levels prescribed in

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paragraphs (w)(1) through (4) of this EDITORIAL NOTE: For FEDERAL REGISTER ci- section. tations affecting § 25.208, see the List of CFR (1) In the region of the contiguous Sections Affected, which appears in the United States, located south of 38° Finding Aids section of the printed volume North Latitude and east of 100 West and at www.fdsys.gov. Longitude: ¥115 dBW/m2/MHz. (2) In the region of the contiguous § 25.209 Earth station antenna performance standards. United States, located north of 38° North Latitude and east of 100° West (a) Except as provided in paragraph Longitude: ¥118 dBW/m2/MHz. (f) of this section, the co-polarization (3) In the region of the contiguous gain of any earth station antenna oper- United States, located west of 100 West ating in the FSS and transmitting to a Longitude: ¥121 dBW/m2/MHz. GSO satellite, including earth stations (4) For all regions outside of the con- providing feeder links for satellite tiguous United States including Alaska services other than FSS, may not ex- and Hawaii: ¥115 dBW/m2/MHz. ceed the following limits: NOTE TO PARAGRAPH (w): These limits per- (1) In the plane tangent to the GSO tain to the power flux-density that would be arc, as defined in § 25.103, for earth sta- obtained under assumed free-space propaga- tions not operating in the conventional tion conditions. Ku-band, the 24.75–25.25 GHz band, or [48 FR 40255, Sept. 6, 1983] the 28.35–30 GHz band:

29–25log10q ...... dBi for 1.5° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 48°. ¥10 ...... dBi for 48° < q ≤ 180°.

Where q is the angle in degrees from a in 10% of the range of q angles from ±7– line from the earth station antenna to 180°, and by up to 6 dB in the region of the assigned orbital location of the tar- main reflector spillover energy. get satellite, and dBi refers to dB rel- (2) In the plane tangent to the GSO ative to an isotropic radiator. This en- arc, for earth stations operating in the velope may be exceeded by up to 3 dB conventional Ku-band:

29–25log10q ...... dBi for 1.5° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- 180°, and by up to 6 dB in the region of graph (a)(1) of this section. This enve- main reflector spillover energy. lope may be exceeded by up to 3 dB in (3) In the plane tangent to the GSO 10% of the range of q angles from ±7– arc, for earth stations operating in the 24.75–25.25 GHz or 28.35–30 GHz bands:

29–25log10q ...... dBi for 2° ≤ q ≤ 7°. 8 ...... dBi for 7° < q ≤ 9.2°. 32–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- 10% of the range of q angles from ±7– graph (a)(1) of this section. This enve- 180°, and by up to 6 dB in the region of lope may be exceeded by up to 3 dB in main reflector spillover energy.

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(4) In the plane perpendicular to the Outside the main beam, the gain of GSO arc, as defined in § 25.103, for earth the antenna shall lie below the enve- stations not operating in the conven- lope defined by: tional Ku-band, the 24.75–25.25 GHz band, or the 28.35–30 GHz band:

32–25log10q ...... dBi for 3° < q ≤ 48°. ¥10 ...... dBi for 48° < q ≤ 180°.

Where q and dBi are as defined in para- (5) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, for earth stations operating lope may be exceeded by up to 6 dB in in the conventional Ku-band: 10% of the range of q angles from ±3– Outside the main beam, the gain of 180°, and by up to 6 dB in the region of the antenna shall lie below the enve- main reflector spillover energy. lope defined by:

32–25log10q ...... dBi for 3° < q ≤ 19.1°. 0 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- (6) In the plane perpendicular to the graph (a)(1) of this section. This enve- GSO arc, for earth stations operating lope may be exceeded by up to 6 dB in in the 24.75–25.25 GHz or 28.35–30 GHz 10% of the range of q angles from ±3– bands: 180°, and by up to 6 dB in the region of Outside the main beam, the gain of main reflector spillover energy. the antenna shall lie below the envelope defined by:

32–25log10q ...... dBi for 3.5° < q ≤ 7°. 10.9 ...... dBi for 7° < q ≤ 9.2°. 35–25log10q ...... dBi for 9.2° < q ≤ 19.1°. 3 ...... dBi for 19.1° < q ≤ 180°.

Where q and dBi are as defined in para- transmission from an FSS earth sta- graph (a)(1) of this section. This enve- tion to a GSO satellite, including earth lope may be exceeded by up to 6 dB in stations providing feeder links for sat- 10% of the range of q angles from ±3– ellite services other than FSS, may not 180°, and by up to 6 dB in the region of exceed the following limits: main reflector spillover energy. (1) In the plane tangent to the GSO (b) Except as provided in paragraph arc, for earth stations not operating in (f) of this section, the off-axis cross-po- the 24.75–25.25 GHz or 28.35–30 GHz larization gain of any antenna used for bands:

19–25log10q ...... dBi for 1.8° < q ≤ 7°.

Where q and dBi are as defined in para- (2) In the plane perpendicular to the graph (a)(1) of this section. GSO arc, for earth stations not operating in the 24.75–25.25 GHz or 28.35–30 GHz bands:

19–25log10q ...... dBi for 3° < q ≤ 7°.

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Where q and dBi are as defined in para- GSO arc, for earth stations operating graph (a)(1) of this section. in the 24.75–25.25 GHz or 28.35–30 GHz (3) In the plane tangent to the GSO bands: arc or in the plane perpendicular to the

19–25log10q ...... dBi for 2° < q ≤ 7°.

Where q and dBi are as defined in para- (e) An earth station using asymmet- graph (a)(1) of this section. rical antennas without skew angle ad- (c)(1) An earth station licensed for justment capability must comply with operation with an FSS space station or the gain values specified in paragraph registered for reception of trans- (a)(1) of this section, in the plane or- missions from such a space station pur- thogonal to the to the main plane of suant to § 25.131(b) and (d) is not enti- the antenna, or, alternatively, in the tled to protection from interference plane corresponding to the maximum from authorized operation of other sta- skew angle experienced at any location tions that would not cause harmful in- at which the earth station may be lo- terference to that earth station if it cated. were using an antenna with receive- (f) A GSO FSS earth station with an band gain patterns conforming to the antenna that does not conform to the levels specified in paragraphs (a) and applicable standards in paragraphs (a) (b) of this section. and (b) of this section will be author- (2) A 17/24 GHz BSS telemetry earth ized only if the applicant demonstrates station is not entitled to protection that the antenna will not cause unac- from harmful interference from au- ceptable interference. This demonstra- thorized space station operation that tion must comply with the require- would not cause harmful interference ments in § 25.138, § 25.218, § 25.220, to that earth station if it were using an § 25.221, § 25.222, § 25.223, § 25.226, or antenna with receive-band gain pat- § 25.227, as appropriate. terns conforming to the levels specified (g) [Reserved] in paragraphs (a) and (b) of this sec- (h) The gain of any transmitting an- tion. Receive-only earth stations in the tenna in a gateway earth station com- 17/24 GHz BSS are entitled to protec- municating with NGSO FSS satellites tion from harmful interference caused in the 10.7–11.7 GHz, 12.75–13.15 GHz, by other space stations to the extent 13.2125–13.25 GHz, 13.8–14.0 GHz, and/or indicated in § 25.224. 14.4–14.5 GHz bands must lie below the (d) [Reserved] envelope defined as follows:

29–25log10(q) ...... dBi for 1° ≤ q ≤ 36°. ¥10 ...... dBi for 36° ≤ q ≤ 180°.

Where q and dBi are as defined in para- § 25.210 Technical requirements for graph (a)(1) of this section. This enve- space stations. lope may be exceeded by up to 3 dB in (a)–(b) [Reserved] 10% of the range of q angles from ±7– (c) Space station antennas operating 180°. in the Direct Broadcast Satellite Serv- [48 FR 40255, Sept. 6, 1983, as amended at 50 ice or operating in the Fixed-Satellite FR 2675, Jan. 18, 1985; 50 FR 39004, Sept. 26, Service for reception of feeder links for 1985; 58 FR 13420, Mar. 11, 1993; 66 FR 10630, Direct Broadcast Satellite Service Feb. 16, 2001; 70 FR 32255, June 2, 2005; 72 FR must be designed to provide a cross-po- 50029, Aug. 29, 2007; 73 FR 70901, Nov. 24, 2008; larization isolation such that the ratio 74 FR 57099, Nov. 4, 2009; 78 FR 8427, Feb. 6, of the on-axis co-polar gain to the 2013; 78 FR 14927, Mar. 8, 2013; 79 FR 8322, Feb. cross-polar gain of the antenna in the 12, 2014; 81 FR 55336, Aug. 18, 2016] assigned frequency band is at least 27 dB within the primary coverage area.

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(d)–(e) [Reserved] bands described in § 25.208(b) and (c) (f) All space stations in the Fixed- must also contain an energy dispersal Satellite Service operating in any por- signal at all times with a minimum tion of the 3600–4200 MHz, 5091–5250 peak-to-peak bandwidth set at what- MHz, 5850–7025 MHz, 10.7–12.7 GHz, 12.75– ever value is necessary to meet the 13.25 GHz, 13.75–14.5 GHz, 15.43–15.63 power flux density limits specified in GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, or § 25.208(b) and (c) and successfully co- 27.5–30.0 GHz bands, including feeder ordinated internationally and accepted links for other space services, and in by adjacent U.S. satellite operators the Broadcasting-Satellite Service in based on the use of state of the art the 17.3–17.8 GHz band (space-to-Earth), space and earth station facilities. shall employ state-of-the-art full fre- (c) All initial analog video trans- quency reuse, either through the use of missions shall be preceded by a video orthogonal polarizations within the test transmission at an uplink e.i.r.p. same beam and/or the use of spatially at least 10 dB below the normal oper- independent beams. This requirement ating level. The earth station operator does not apply to telemetry, tracking, and command operation. shall not increase power until receiving (g)–(h) [Reserved] notification from the satellite network (i) Space station antennas in the 17/24 control center that the frequency and GHz BSS must be designed to provide a polarization alignment are satisfactory cross-polarization isolation such that pursuant to the procedures specified in the ratio of the on axis co-polar gain to § 25.272. The stationary earth station the cross-polar gain of the antenna in operator that has successfully trans- the assigned frequency band shall be at mitted an initial video test signal to a least 25 dB within its primary coverage satellite pursuant to this paragraph is area. not required to make subsequent video (j) Space stations operated in the test transmissions if subsequent trans- geostationary satellite orbit must be missions are conducted using exactly maintained within 0.05° of their as- the same parameters as the initial signed orbital longitude in the east/ transmission. west direction, unless specifically au- (d) An earth station may be routinely thorized by the Commission to operate licensed for transmission of full-trans- with a different longitudinal tolerance, ponder analog video services in the and except as provided in Section 5925–6425 MHz band or 14.0–14.5 GHz 25.283(b) (End-of-life Disposal). band provided: [58 FR 13420, Mar. 11, 1993, as amended at 61 (1) The application includes certifi- FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, cation, pursuant to § 25.132(a)(1), of con- 1997; 62 FR 61457, Nov. 18, 1997; 68 FR 51508, formance with the antenna perform- Aug. 27, 2003; 69 FR 54587, Sept. 9, 2004; 70 FR ance standards in § 25.209(a) and (b); 32256, June 2, 2005; 72 FR 50029, Aug. 29, 2007; (2) For transmission in the 5925–6425 78 FR 8428, Feb. 6, 2013; 79 FR 8323, Feb. 12, MHz band, the input power into the an- 2014; 81 FR 55338, Aug. 18, 2016] tenna will not exceed 26.5 dBW; or § 25.211 Analog video transmissions in (3) For transmission in the 14.0–14.5 the FSS. GHz band, the input power into the an- (a) [Reserved] tenna will not exceed 27 dBW. (b) All conventional C-band analog (e) Applications for authority for video transmissions must contain an analog video uplink transmission in energy dispersal signal at all times the 5925–6425 MHz or 14.0–14.5 GHz with a minimum peak-to-peak band- bands that are not eligible for routine width set at whatever value is nec- processing under paragraph (d) of this essary to meet the power flux density section are subject to the requirements limits specified in § 25.208(a) and suc- of § 25.220. cessfully coordinated internationally [58 FR 13421, Mar. 11, 1993, as amended at 61 and accepted by adjacent U.S. satellite FR 9952, Mar. 12, 1996; 62 FR 5931, Feb. 10, operators based on the use of state of 1997; 70 FR 32256, June 2, 2005; 78 FR 8428, the art space and earth station facili- Feb. 6, 2013; 79 FR 8323, Feb. 12, 2014; 81 FR ties. All transmissions in frequency 55338, Aug. 18, 2016]

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§ 25.212 Narrowband analog trans- log carriers or ¥2.7 dBW/4 kHz for dig- missions and digital transmissions ital carriers. in the GSO FSS. (e) An earth station may be routinely (a) Except as otherwise provided by licensed for digital transmission in the this part, criteria for unacceptable lev- 28.35–28.6 GHz and/or 29.25–30.0 GHz els of interference caused by other sat- bands if the input power spectral den- ellite networks shall be established on sity into the antenna will not exceed the basis of nominal operating condi- 3.5 dBW/MHz and the application in- tions and with the objective of mini- cludes certification pursuant to mizing orbital separations between sat- § 25.132(a)(1) of conformance with the ellites. antenna gain performance requirements in § 25.209(a) and (b). (b) Emissions with an occupied bandwidth of less than 2 MHz are not pro- (f) In the 24.75–25.25 GHz band, an earth station that meets the antenna tected from interference from wider gain pattern requirements set forth in bandwidth transmissions if the r.f. car- § 25.209(a) and (b) of this part may be rier frequency of the narrowband signal routinely licensed if the maximum is within ±1 MHz of one of the fre- power density into the antenna does quencies specified in § 25.211(a). not exceed 3.5 dBW/MHz. (c)(1) An earth station that is not (g) A license application for earth subject to licensing under § 25.222, station operation in a network using § 25.226, or § 25.227 may be routinely li- variable power density control of earth censed for analog transmissions in the stations transmitting simultaneously conventional Ku-band or the extended in shared frequencies to the same tar- Ku-band with bandwidths up to 200 kHz get satellite receiving beam may be (or up to 1 MHz for command carriers routinely processed if the applicant at the band edge) if the input power certifies that the aggregate off-axis spectral density into the antenna will EIRP density from all co-frequency ¥ not exceed 8 dBW/4 kHz, and the ap- earth stations transmitting simulta- plication includes certification pursu- neously to the same target satellite re- ant to § 25.132(a)(1) of conformance with ceiving beam, not resulting from col- the antenna gain performance require- liding data bursts transmitted pursu- ments in § 25.209(a) and (b). ant to a contention protocol, will not (2) An earth station that is not sub- exceed the applicable off-axis EIRP ject to licensing under § 25.222, § 25.226, density limits permissible for a single or § 25.227 may be routinely licensed for earth station, as specified in § 25.218 or digital transmission, including digital § 25.138. video transmission, in the conventional (h) Applications for authority for Ku-band or the extended Ku-band if fixed earth station operation in the input power spectral density into the conventional C-band, the extended C- antenna will not exceed ¥14 dBW/4 kHz band, the conventional Ku-band, the and the application includes certifi- extended Ku-band or the conventional cation pursuant to § 25.132(a)(1) of con- Ka-band that do not qualify for routine formance with the antenna gain per- processing under relevant criteria in formance requirements in § 25.209(a) this section, § 25.211, § 25.218, or § 25.138, and (b). are subject to the requirements in (d) An individual earth station that § 25.220. is not subject to licensing under § 25.221 may be routinely licensed for digital [58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 62 FR 51378, Oct. 1, 1997; transmission, or for analog trans- 70 FR 32256, June 2, 2005; 70 FR 33376, June 8, mission with carrier bandwidths up to 2005; 72 FR 50030, Aug. 29, 2007; 73 FR 70902, 200 kHz (or up to 1 MHz for command Nov. 24, 2008; 78 FR 8428, Feb. 6, 2013; 79 FR carriers at the band edge) in the con- 8323, Feb. 12, 2014; 81 FR 55338, Aug. 18, 2016] ventional C-band or the extended C- band, if the applicant certifies con- § 25.213 Inter-Service coordination re- formance with relevant antenna per- quirements for the 1.6/2.4 GHz Mo- formance standards in § 25.209(a) and bile-Satellite Service. (b), and power density into the antenna (a) Protection of the radio astronomy will not exceed +0.5 dBW/4 kHz for ana- service in the 1610.6–1613.8 MHz band

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against interference from 1.6/2.4 GHz (iv) For airborne mobile earth sta- Mobile-Satellite Service systems. tions operating in the 1610.0–1626.5 MHz (1) Protection zones. All 1.6/2.4 GHz band, the separation distance shall be Mobile-Satellite Service systems shall the larger of the distances specified in be capable of determining the position paragraph (a)(1) (i), (ii) or (iii) of this of the user transceivers accessing the section, as applicable, or the distance, space segment through either internal d, as given by the formula: radiodetermination calculations or ex- d (km) = 4.1 square root of (h) ternal sources such as LORAN–C or the Global Positioning System. where h is the altitude of the aircraft in me- (i) In the band 1610.6–1613.8 MHz, ters above ground level. within a 160 km radius of the following (v) Smaller geographic protection radio astronomy sites: zones may be used in lieu of the areas specified in paragraphs (a)(1) (i), (ii), Latitude Longitude Observatory (DMS) (DMS) (iii), and (iv) of this section if agreed to by the Mobile-Satellite Service li- Arecibo, PR ...... 18 20 46 66 45 11 censee and the Electromagnetic Spec- Green Bank Telescope, WV ...... 38 25 59 79 50 24 trum Management Unit (ESMU), Na- 38 26 09 79 49 42 Very Large Array, NM ...... 34 04 43 107 37 04 tional Science Foundation, Wash- Owens Valley, CA ...... 37 13 54 118 17 36 ington, D.C. upon a showing by the Mo- Ohio State, OH ...... 40 15 06 83 02 54 bile-Satellite Service licensee that the operation of a mobile earth station will (ii) In the band 1610.6–1613.8 MHz, not cause harmful interference to a within a 50 km radius of the following radio astronomy observatory during sites: periods of observation. (vi) The ESMU shall notify Mobile- Latitude Longitude Observatory (DMS) (DMS) Satellite Service space station licensees authorized to operate mobile earth Pile Town, NM ...... 34 18 04 108 07 07 stations in the 1610.0–1626.5 MHz band Los Alamos, NM ...... 35 46 30 106 14 42 Kitt Peak, AZ ...... 31 57 22 111 36 42 of periods of radio astronomy observa- Ft. Davis, TX ...... 30 38 06 103 56 39 tions. The Mobile-Satellite systems N. Liberty, IA ...... 41 46 17 91 34 26 shall be capable of terminating oper- Brewster, WA ...... 48 07 53 119 40 55 ations within the frequency bands and Owens Valley, CA ...... 37 13 54 118 16 34 St. Croix, VI ...... 17 45 31 64 35 03 protection zones specified in para- Mauna Kea, HI ...... 19 48 16 155 27 29 graphs (a)(1)(i) through (iv) of this sec- Hancock, NH ...... 42 56 01 71 59 12 tion, as applicable, after the first position fix of the mobile earth station ei- (iii) Out-of-band emissions of a mo- ther prior to transmission or, based bile earth station licensed to operate upon its location within the protection within the 1610.0–1626.5 MHz band shall zone at the time of initial transmission be attenuated so that the power flux of the mobile earth station. Once the density it produces in the 1610.6–1613.8 Mobile-Satellite Service system deter- MHz band at any radio astronomy site mines that a mobile earth station is lo- listed in paragraph (a)(1) (i) or (ii) of cated within an RAS protection zone, this section shall not exceed the emis- the Mobile-Satellite Service system sions of a mobile earth station oper- shall immediately initiate procedures ating within the 1610.6–1613.8 MHz band to relocate the mobile earth station op- at the edge of the protection zone ap- erations to a non-RAS frequency. plicable for that site. As an alter- (vii) A beacon-actuated protection native, a mobile earth station shall not zone may be used in lieu of fixed pro- operate during radio astronomy obser- tection zones in the 1610.6–1613.8 MHz vations within the 1613.8–1615.8 MHz band if a coordination agreement is band within 100 km of the radio astron- reached between a mobile-satellite sys- omy sites listed in paragraph (a)(1)(i) tem licensee and the ESMU on the spe- of this section, and within 30 km of the cifics of beacon operations. sites listed in paragraph (a)(1)(ii) of (viii) Additional radio astronomy this section, there being no restriction sites, not located within 100 miles of on a mobile earth station operating the 100 most populous urbanized areas within the 1615.8–1626.5 MHz band. as defined by the United States Census

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Bureau at the time, may be afforded (1) Exclusive SDARS licenses are similar protection one year after no- limited to the 2320–2345 MHz segment of tice to the mobile-satellite system li- the 2310–2360 MHz allocated bandwidth censees by issuance of a public notice for SDARS; by the Commission. (2) Two, 12.5 MHz frequency assign- (2) Mobile-Satellite Service space ments are available for satellite DARS: stations transmitting in the 1613.8– 2320.0–2332.5 MHz and 2332.5–2345.0 MHz; 1626.5 MHz band shall take whatever (3) Satellite DARS licensees may re- steps necessary to avoid causing harm- duce their assigned bandwidth occu- ful interference to the radio astronomy pancy to provide telemetry beacons in facilities listed in paragraphs (a)(1)(i) their exclusive frequency assignments; and (ii) of this section during periods of observation. (4) Each licensee may employ cross (3) Mobile-Satellite Service space polarization within its exclusive fre- stations operating in the 2483.5–2500 quency assignment and/or may employ MHz frequency band shall limit spu- cross polarized transmissions in fre- rious emission levels in the 4990–5000 quency assignments of other satellite MHz band so as not to exceed ¥241 dB DARS licensees under mutual agree- (W/m2/Hz) at the surface of the Earth. ment with those licensees. Licensees (4) The Radioastronomy Service shall who come to mutual agreement to use avoid scheduling radio astronomy ob- cross-polarized transmissions shall servations during peak MSS/RDSS apply to the Commission for approval traffic periods to the greatest extent of the agreement before coordination is practicable. initiated with other administrations by (b) If a Mobile-Satellite Service space the licensee of the exclusive frequency station operator in the 2496–2500 MHz assignment; and band intends to operate at powers lev- (5) Feeder uplink networks are per- els that exceed the PFD limits in mitted in the following Fixed-Satellite § 25.208(v), or if actual operations rou- Service frequency bands: 7025–7075 MHz tinely exceed these PFD limits, we re- and 6725–7025 MHz (101° W.L. orbital lo- quire the Mobile-Satellite Service op- cation only). erator to receive approval from each (d) Power limit for SDARS terrestrial re- operational BRS system in the affected peaters. (1) SDARS terrestrial repeaters geographical region. must be operated at a power level less [59 FR 53329, Oct. 21, 1994, as amended at 61 than or equal to 12-kW average EIRP, FR 9945, Mar. 12, 1996; 67 FR 61816, Oct. 2, with a maximum peak-to-average 2002; 71 FR 35188, June 19, 2006; 78 FR 8428, Feb. 6, 2013] power ratio of 13 dB. (2) SDARS repeaters are permitted to § 25.214 Technical requirements for operate at power levels above 12-kW space stations in the Satellite Dig- average EIRP, unless a potentially af- ital Audio Radio Service and associ- fected WCS licensee provides written ated terrestrial repeaters. notice that it intends to commence (a) [Reserved] commercial service within the fol- (b) Each system authorized under lowing 365 days. Starting 180 days after this section will be conditioned upon receipt of such written notice, SDARS construction, launch and operation repeaters within the area notified by milestones as outlined in § 25.144(b). the potentially affected WCS licensee The failure to meet any of the mile- must be operated at a power level less stones contained in an authorization than or equal to 12-kW average EIRP, will result in its cancellation, unless with a maximum peak-to-average such failure is due to circumstances be- power ratio of 13 dB. yond the licensee’s control or unless (3) For the purpose of this section, a otherwise determined by the Commis- sion upon proper showing by the li- WCS licensee is potentially affected if censee in any particular case. it is authorized to operate a base sta- (c) Frequency assignments will be tion in the 2305–2315 MHz or 2350–2360 made for each satellite DARS system MHz bands within 25 kilometers of a reas follows: peater seeking to operate with a power

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level greater than that prescribed in Inmarsat terminals used as Global paragraph (d)(1) of this section. Maritime Distress and Safety System [62 FR 11106, Mar. 11, 1997, as amended at 75 ship earth stations) shall not exceed FR 45068, Aug. 2, 2010; 78 FR 8429, Feb. 6, 2013; ¥70dBW/MHz, averaged over any 2 mil- 78 FR 9619, Feb. 11, 2013; 79 FR 8323, Feb. 12, lisecond active transmission interval, 2014] in the 1559–1605 MHz band. The e.i.r.p. of discrete emissions of less than 700 Hz § 25.215 [Reserved] bandwidth from such stations shall not ¥ § 25.216 Limits on emissions from mo- exceed 80 dBW, averaged over any 2 bile earth stations for protection of millisecond active transmission inter- aeronautical radionavigation-sat- val, in the 1559–1605 MHz band. Stand- ellite service. ard A Inmarsat terminals used as Glob- (a) The e.i.r.p. density of emissions al Maritime Distress and Safety Sys- from mobile earth stations placed in tem ship earth stations that do not service on or before July 21, 2002 with meet the e.i.r.p. density limits speci- assigned uplink frequencies between fied in this paragraph may continue op- 1610 MHz and 1660.5 MHz shall not ex- eration until December 31, 2007. ceed ¥70 dBW/MHz, averaged over any Inmarsat-B terminals manufactured 2 millisecond active transmission in- more than six months after FEDERAL terval, in the band 1559–1587.42 MHz. REGISTER publication of the rule The e.i.r.p. of discrete emissions of less changes adopted in FCC 03–283 must than 700 Hz bandwidth generated by meet these limits. Inmarsat B termi- such stations shall not exceed ¥80 nals manufactured before then are tem- dBW, averaged over any 2 millisecond porarily grandfathered under the con- active transmission interval, in that dition that no interference is caused by band. these terminals to aeronautical sat- (b) The e.i.r.p. density of emissions ellite radio-navigation systems. The from mobile earth stations placed in full-compliance deadline for grand- service on or before July 21, 2002 with fathered Inmarsat-B terminals is De- assigned uplink frequencies between cember 31, 2012. 1610 MHz and 1626.5 MHz shall not ex- (e) The e.i.r.p density of emissions ¥ ceed 64 dBW/MHz, averaged over any from mobile earth stations with as- 2 millisecond active transmission in- signed uplink frequencies between 1990 terval, in the band 1587.42–1605 MHz. MHz and 2025 MHz shall not exceed ¥70 The e.i.r.p. of discrete emissions of less dBW/MHz, averaged over any 2 milli- than 700 Hz bandwidth generated by second active transmission interval, in such stations shall not exceed ¥74 frequencies between 1559 MHz and 1610 dBW, averaged over any 2 millisecond MHz. The e.i.r.p. of discrete emissions active transmission interval, in the of less than 700 Hz bandwidth from such 1587.42–1605 MHz band. stations between 1559 MHz and 1605 (c) The e.i.r.p. density of emissions ¥ from mobile earth stations placed in MHz shall not exceed 80 dBW, aver- service after July 21, 2002 with assigned aged over any 2 millisecond active uplink frequencies between 1610 MHz transmission interval. The e.i.r.p. of and 1660.5 MHz shall not exceed ¥70 discrete emissions of less than 700 Hz dBW/MHz, averaged over any 2 milli- bandwidth from such stations between second active transmission interval, in 1605 MHz and 1610 MHz manufactured the band 1559–1605 MHz. The e.i.r.p. of more than six months after FEDERAL discrete emissions of less than 700 Hz REGISTER publication of the rule bandwidth from such stations shall not changes adopted in FCC 03–283 shall not exceed ¥80 dBW, averaged over any 2 exceed ¥80 dBW, averaged over any 2 millisecond active transmission inter- millisecond active transmission interval, in the 1559–1605 MHz band. val. (d) As of January 1, 2005, the e.i.r.p. (f) Mobile earth stations placed in density of emissions from mobile earth service after July 21, 2002 with assigned stations placed in service on or before uplink frequencies in the 1610–1660.5 July 21, 2002 with assigned uplink fre- MHz band shall suppress the power den- quencies between 1610 MHz and 1660.5 sity of emissions in the 1605–1610 MHz MHz (except Standard A and B band to an extent determined by linear

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interpolation from ¥70 dBW/MHz at § 25.217 Default service rules. ¥ 1605 MHz to 10 dBW/MHz at 1610 MHz. (a) The technical rules in this section (g) Mobile earth stations manufac- apply only to licenses to operate a sat- tured more than six months after FED- ellite system in a frequency band ERAL REGISTER publication of the rule granted after a domestic frequency al- changes adopted in FCC 03–283 with as- location has been adopted for that fre- signed uplink frequencies in the 1610– quency band, but before any frequency- 1626.5 MHz band shall suppress the band-specific service rules have been power density of emissions in the 1605– adopted for that frequency band. 1610 MHz band-segment to an extent (b)(1) For all NGSO-like satellite li- determined by linear interpolation censes for which the application was from ¥70 dBW/MHz at 1605 MHz to ¥10 filed pursuant to the procedures set dBW/MHz at 1610 MHz averaged over forth in § 25.157 after August 27, 2003, any 2 millisecond active transmission authorizing operations in a frequency interval. The e.i.r.p of discrete emis- band for which the Commission has not sions of less than 700 Hz bandwidth adopted frequency band-specific service from such stations shall not exceed a rules at the time the license is granted, level determined by linear interpola- the licensee will be required to comply tion from ¥80 dBW at 1605 MHz to ¥20 with the following technical require- dBW at 1610 MHz, averaged over any 2 ments, notwithstanding the frequency millisecond active transmission inter- bands specified in these rule provisions: val. §§ 25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(e), 25.210(d), (h) Mobile earth stations manufac- 25.210(f), and 25.210(i). tured more than six months after FED- (2) In addition to the requirements ERAL REGISTER publication of the rule set forth in paragraph (b)(1) of this sec- changes adopted in FCC 03–283 with as- tion, the Commission will coordinate signed uplink frequencies in the 1626.5– with the National Telecommunications 1660.5 MHz band shall suppress the and Information Administration power density of emissions in the 1605– (NTIA) regarding the operations of any 1610 MHz band-segment to an extent licensees authorized to operate in a determined by linear interpolation shared government/non-government from ¥70 dBW/MHz at 1605 MHz to ¥46 frequency band, pursuant to the proce- dBW/MHz at 1610 MHz, averaged over dure set forth in § 25.142(b)(2)(ii). any 2 millisecond active transmission (3) Mobile earth station licensees au- interval. The e.i.r.p of discrete emis- thorized to operate with one or more sions of less than 700 Hz bandwidth space stations subject to paragraph from such stations shall not exceed a (b)(1) of this section must comply with level determined by linear interpola- the requirements in §§ 25.285 and 25.287, tion from ¥80 dBW at 1605 MHz to ¥56 notwithstanding the frequency bands dBW at 1610 MHz, averaged over any 2 specified in those sections. In addition, millisecond active transmission inter- earth station licensees authorized to val. operate with one or more space sta- (i) The e.i.r.p density of carrier-off tions described in paragraph (b)(1) of state emissions from mobile earth sta- this section in frequency bands shared tions manufactured more than six with terrestrial wireless services shall months after FEDERAL REGISTER publi- comply with the requirements in cation of the rule changes adopted in § 25.203(c). FCC 03–283 with assigned uplink fre- (c)(1) For all GSO-like satellite li- quencies between 1 and 3 GHz shall not censes for which the application was exceed ¥80 dBW/MHz in the 1559–1610 filed pursuant to the procedures set MHz band averaged over any two milli- forth in § 25.158 after August 27, 2003, second interval. authorizing operations in a frequency band for which the Commission has not (j) A Root-Mean-Square detector adopted frequency band-specific service shall be used for all power density rules at the time the license is granted, measurements. the licensee will be required to comply [69 FR 5710, Feb. 6, 2004, as amended at 70 FR with the following technical require- 19318, Apr. 13, 2005] ments, notwithstanding the frequency

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bands specified in these rule provisions: rules for a particular frequency band §§ 25.142(d), 25.143(b)(2)(iv), 25.204(e), after it has granted one or more space 25.210(d), 25.210(f), 25.210(i), and 25.210(j). station or earth station licenses for op- (2) In addition to the requirements erations in that frequency band, those set forth in paragraph (c)(1) of this sec- licensees will be required to come into tion, the Commission will coordinate compliance with the frequency band- with the National Telecommunications specific service rules within 30 days of and Information Administration the effective date of those rules, unless (NTIA) regarding the operations of any otherwise specified by either Commis- licensees authorized to operate in a sion or Bureau Order. shared government/non-government frequency band, pursuant to the proce- [68 FR 51508, Aug. 27, 2003, as amended at 70 dure set forth in § 25.142(b)(2)(ii). FR 59277, Oct. 12, 2005; 79 FR 8323, Feb. 12, (3) Earth station licensees authorized 2014] to operate with one or more space stations described in paragraph (c)(1) of § 25.218 Off-axis EIRP density enve- this section shall comply with the lopes for FSS earth stations trans- earth station antenna performance mitting in certain frequency bands. verification requirements in § 25.132, (a) This section applies to applica- and the antenna gain pattern require- tions for FSS earth stations transmit- ments in § 25.209(a) and (b). In addition, ting to GSO space stations in the con- earth station licensees authorized to ventional C-band, extended C-band, operate with one or more space sta- conventional Ku-band, or extended Ku- tions described in paragraph (c)(1) of band, with the following exceptions: this paragraph in frequency bands (1) ESV, VMES, and ESAA applica- shared with terrestrial wireless serv- tions and ices shall comply with the require- (2) Applications proposing trans- ments in § 25.203(c). mission of analog command signals at (4) In addition to the requirements a band edge with bandwidths greater set forth in paragraph (c)(3) of this sec- than 1 MHz or transmission of any tion, earth station licensees with a other type of analog signal with gain equivalent or higher than the gain bandwidths greater than 200 kHz. of a 1.2 meter antenna operating in the 14.0–14.5 GHz band, authorized to oper- (b) Earth station applications subject ate with one or more space stations de- to this section may be routinely proc- scribed in paragraph (c)(1) of this para- essed if they meet the applicable off- graph in frequency bands greater than axis EIRP density envelopes set forth 14.5 GHz shall be required to comply in this section. with the antenna input power density (c) Analog earth station operation in requirements set forth in § 25.212(c). the conventional or extended C-bands. (1) (d) [Reserved] For co-polarized transmissions in the (e) In the event that the Commission plane tangent to the GSO arc, as de- adopts frequency band-specific service fined in § 25.103:

29.5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 8.5 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 32.5–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥9.5 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is the angle in degrees from a theta (q) angles from ±7–180°, and by up line from the earth station antenna to to 6 dB in the region of main reflector the assigned orbital location of the tar- spillover energy. get satellite. The EIRP density levels (2) For co-polarized transmissions in specified for q > 7° may be exceeded by the plane perpendicular to the GSO up to 3 dB in up to 10% of the range of arc, as defined in § 25.103:

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32.5–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥9.5 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (c)(1) of this section. These EIRP den- ellite. sity levels may be exceeded by up to 6 (3) For cross-polarized transmissions dB in the region of main reflector spill- in the plane tangent to the GSO arc over energy and in up to 10% of the and in the plane perpendicular to the range of q angles not included in that GSO arc: region, on each side of the line from

19.5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph For co-polarized transmissions in the (c)(1) of this section. plane tangent to the GSO arc: (d) Digital earth station operation in the conventional or extended C-bands. (1)

26.3–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 5.3 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 29.3–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph and by up to 6 dB in the region of main (c)(1) of this section. The EIRP density reflector spillover energy. levels specified for q > 7° may be ex- (2) For co-polarized transmissions in ceeded by up to 3 dB in up to 10% of the the plane perpendicular to the GSO range of theta (q) angles from ±7–180°, arc:

29.3–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

16.3–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph routinely processed if the applicant (c)(1) of this section. certifies that the aggregate off-axis (4) A license application for earth EIRP density from all co-frequency station operation in a network using earth stations transmitting simulta- variable power density control of earth neously to the same target satellite re- stations transmitting simultaneously ceiving beam, not resulting from col- in shared frequencies to the same tar- liding data bursts transmitted pursu- get satellite receiving beam may be ant to a contention protocol, will not

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exceed the off-axis EIRP density limits (e) Analog earth station operation in permissible for a single earth station, the conventional Ku-band. (1) For co-po- as specified in paragraphs (d)(1) larized transmissions in the plane tan- through (d)(3) of this section. gent to the GSO arc:

21–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 0 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 24–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥8 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

24–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 19.1°. ¥8 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

11–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph ized transmissions in the plane tangent (c)(1) of this section. to the GSO arc: (f) Digital earth station operation in the conventional Ku-band. (1) For co-polar-

15–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

18–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

Where q is as defined in paragraph sity levels may be exceeded by up to 6 (c)(1) of this section. These EIRP den-

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dB in the region of main reflector spill- (3) For cross-polarized transmissions over energy and in up to 10% of the in the plane tangent to the GSO arc range of q angles not included in that and in the plane perpendicular to the region, on each side of the line from GSO arc: the earth station to the target satellite.

5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph neously to the same target satellite re- (c)(1) of this section. ceiving beam, not resulting from col- (4) A license application for earth liding data bursts transmitted pursu- station operation in a network using ant to a contention protocol, will not variable power density control of earth exceed the off-axis EIRP density limits stations transmitting simultaneously permissible for a single earth station, in shared frequencies to the same tar- as specified in paragraphs (f)(1) through get satellite receiving beam may be -(f)(3) of this section. routinely processed if the applicant (g) Analog earth station operation in certifies that the aggregate off-axis the extended Ku-band. (1) For co-polar- EIRP density from all co-frequency ized transmissions in the plane tangent earth stations transmitting simulta- to the GSO arc:

21–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 0 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 24–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥18 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph gles from ±7–180°, and by up to 6 dB in (c)(1) of this section, and N is as de- the region of main reflector spillover fined in paragraph (d)(1) of this section. energy. The EIRP density levels specified for q (2) For co-polarized transmissions in > 7° may be exceeded by up to 3 dB in the plane perpendicular to the GSO up to 10% of the range of theta (q) an- arc:

24–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥18 ...... dBW/4 kHz for 48° < q ≤ 180°.

11–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph ized transmissions in the plane tangent (c)(1) of this section. to the GSO arc: (h) Digital earth station operation in the extended Ku-band. (1) For co-polar-

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15–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25log10q ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥24 ...... dBW/4 kHz for 48° < q ≤ 180°.

18–25log10q ...... dBW/4 kHz for 3° ≤ q ≤ 48°. ¥24 ...... dBW/4 kHz for 48° < q ≤ 85°.

5–25log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°.

Where q is as defined in paragraph § 25.219 [Reserved] (c)(1) of this section. (4) A license application for earth § 25.220 Non-routine transmit/receive station operation in a network using earth station operations. variable power density control of earth (a) The requirements in this section stations transmitting simultaneously apply to applications for, and operation in shared frequencies to the same tar- of, earth stations transmitting in the get satellite receiving beam may be conventional or extended C-bands, the routinely processed if the applicant conventional or extended Ku-bands, or certifies that the aggregate off-axis the conventional Ka-band that do not EIRP density from all co-frequency qualify for routine licensing under rel- earth stations transmitting simulta- evant criteria in § 25.138, § 25.211, neously to the same target satellite re- § 25.212, § 25.218, § 25.221(a)(1) or (a)(3), ceiving beam, not resulting from col- § 25.222(a)(1) or (a)(3), § 25.226(a)(1) or liding data bursts transmitted pursu- (a)(3), or § 25.227(a)(1) or (a)(3). ant to a contention protocol, will not (b) Applications filed pursuant to exceed the off-axis EIRP density limits this section must include the informa- permissible for a single earth station, tion required by § 25.115(g)(1). as specified in paragraphs (h)(1) (c) [Reserved] through (h)(3) of this section. (d)(1) The applicant must submit the (i) Applications for authority for certifications listed in paragraphs fixed earth station operation in the (d)(1)(i) through (d)(1)(iv) of this sec- 5925–6425 MHz or 14.0–14.5 GHz band tion. The applicant will be authorized that do not qualify for routine proc- to transmit only to the satellite sys- essing under relevant criteria in this tems included in the coordination section, § 25.211 or § 25.212 are subject to agreements referred to in the certifi- the requirements in § 25.220. cation required by paragraph (d)(1)(ii) [81 FR 55339, Aug. 18, 2016] of this section. The applicant will be

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granted protection from receiving in- affected by the non-routine earth sta- terference only with respect to the sat- tion transmission levels. ellite systems included in the coordina- (3) In the event that a coordination tion agreements referred to in the cer- agreement discussed in paragraph tification required by paragraph (d)(1)(ii) of this section is reached, but (d)(1)(ii) of this section, and only to the that coordination agreement does not extent that protection from receiving address protection from interference interference is afforded by those co- for the earth station, that earth sta- ordination agreements. tion will be protected from inter- (i) [Reserved] ference to the same extent that an (ii) A statement from the satellite earth station that meets the require- operator that it has coordinated the ments of § 25.209 of this title would be operation of the subject non-con- protected from interference. forming earth station accessing its sat- (4) Notwithstanding paragraph ellite(s), including its required (d)(1)(ii) of this section, a party apply- downlink power density based on the ing for an earth station license pursu- information contained in the applica- ant to this section will not be required tion, with all adjacent satellite net- to certify that its target satellite oper- works within 6° of orbital separation ator has reached a coordination agree- from its satellite(s), and the operations ment with another satellite operator will operate in conformance with exist- whose satellite is within 6° of orbital ing coordination agreement for its sat- separation from its satellite in cases ellite(s) with other satellite systems, where the off-axis EIRP density level except as set forth in paragraph (d)(4) of the proposed earth station oper- of this section. ations will be less than or equal to the (iii) A statement from the satellite levels specified by the applicable off- operator that it will include the sub- axis EIRP envelope set forth in § 25.218 ject non-conforming earth station op- of this chapter in the direction of the erations in all future satellite network part of the geostationary orbit arc coordinations, and within 1° of the nominal orbit location (iv) A statement from the earth sta- of the adjacent satellite. tion applicant certifying that it will (e)–(f) [Reserved] comply with all coordination agree- (g) Applicants filing applications for ments reached by the satellite oper- earth stations pursuant to this section ator(s). must provide the following information (2) Unless the non-routine uplink for the Commission’s public notice: transmission levels are permitted (1) Detailed description of the service under a coordination agreement with to be provided, including frequency the space station operator, or unless bands and satellites to be used. The ap- coordination with the operator is not plicant must identify either the spe- required pursuant to § 25.140(d)(3) or cific satellites with which it plans to (d)(4), the operator of an earth station operate, or the eastern and western licensed pursuant to this section must boundaries of the geostationary sat- reduce its transmitted EIRP density to ellite orbit arc it plans to coordinate. levels at or within relevant routine (2) The diameter or equivalent di- limits: ameter of the antenna. (i) Toward the part of the geo- (3) Proposed power and power density stationary orbit arc within one degree levels. of a subsequently launched, two-de- (4) Identification of any rule or rules gree-compliant space station receiving for which a waiver is requested. in the same uplink band at an orbital [70 FR 32256, June 2, 2005, as amended at 72 location within six degrees of the earth FR 50030, Aug. 29, 2007; 73 FR 70902, Nov. 24, station’s target satellite, and 2008; 74 FR 57099, Nov. 4, 2009; 78 FR 14927, (ii) Toward a two-degree-compliant Mar. 8, 2013; 79 FR 8324, Feb. 12, 2014; 81 FR space station receiving in the same 55341, Aug. 18, 2016] uplink band at an orbital location EFFECTIVE DATE NOTE: At 74 FR 9962, Mar. more than six degrees away from the 9, 2009, § 25.220 paragraph (d), which contains target satellite if co-frequency recep- information collection and recordkeeping re- tion by the space station is adversely quirements, became effective with approval

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by the Office of Management and Budget for onstrate that these ongoing require- a period of 3 years. ments will be met. (1) The following requirements shall § 25.221 Blanket licensing provisions for ESVs operating with GSO FSS apply to an ESV that uses transmitters space stations in the 3700–4200 MHz with off-axis effective isotropically ra- and 5925–6425 MHz bands. diated power (EIRP) spectral-densities (a) The following ongoing require- lower than or equal to the levels in ments govern all ESV licensees and op- paragraph (a)(1)(i) of this section. An erations in the 3700–4200 MHz (space-to- ESV, or ESV system, operating under Earth) and 5925–6425 MHz (Earth-to- this section shall provide a detailed space) bands transmitting to GSO sat- demonstration as described in para- ellites in the Fixed-Satellite Service. graph (b)(1) of this section. The ESV ESV licensees must comply with the transmitter must also comply with the requirements in paragraph (a)(1), (a)(2) antenna pointing and cessation of or (a)(3) of this section and all of the emission requirements in paragraphs requirements set forth in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section. (a)(4) through (a)(13) of this section. (i)(A) Off-axis EIRP spectral density Paragraph (b) of this section identifies emitted in the plane tangent to the items that must be included in the ap- GSO arc, as defined in § 25.103, shall not plication for ESV operations to dem- exceed the following values:

26.3–25logq ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. 5.3 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 29.3–25logq ...... dBW/4 kHz for 9.2° < q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where theta (q) is the angle in degrees 180°, and by up to 6 dB in the region of from a line from the earth station an- main reflector spillover energy. tenna to the assigned orbital location (B) In the plane perpendicular to the of the target satellite. The EIRP den- GSO arc, as defined in § 25.103, EIRP ° sity levels specified for q > 7 may be spectral density of co-polarized signals exceeded by up to 3 dB in up to 10% of shall not exceed the following values: the range of theta (q) angles from ±7–

29.3–25logq ...... dBW/4 kHz for 3.0° ≤ q ≤ 48°. ¥12.7 ...... dBW/4 kHz for 48° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (a)(1)(i)(A) of this section. These EIRP ellite. density levels may be exceeded by up (C) The off-axis EIRP spectral-den- to 6 dB in the region of main reflector sity of cross-polarized signals shall not spillover energy and in up to 10% of the exceed the following values in the range of q angles not included in that plane tangent to the GSO arc or in the region, on each side of the line from plane perpendicular to the GSO arc:

16.3–25logq ...... dBW/4 kHz for 1.8° ≤ q ≤ 7.0°.

Where q is as defined in paragraph one of the following antenna pointing (a)(1)(i)(A) of this section. error requirements: (ii) Except for ESV systems oper- (A) Each ESV transmitter shall ating under paragraph (a)(3) of this sec- maintain a pointing error of less than tion, each ESV transmitter must meet or equal to 0.2° between the orbital location of the target satellite and the

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axis of the main lobe of the ESV an- within 100 milliseconds after gener- tenna, or ating off-axis EIRP-density in excess of (B) Each ESV transmitter shall the specifications supplied to the tar- maintain the declared maximum an- get satellite operator. tenna pointing error that may be (iii) A system with variable power greater than 0.2° provided that the ESV control of individual ESV transmitters does not exceed the off-axis EIRP spec- must monitor the aggregate off-axis tral-density limits in paragraph EIRP density from simultaneously (a)(1)(i) of this section, taking into ac- transmitting ESV transmitters at the count the antenna pointing error. system’s network control and moni- (iii) Except for ESV systems oper- toring center. If simultaneous operating under paragraph (a)(3) of this sec- ation of two or more ESV transmitters tion, each ESV transmitter must meet causes aggregate off-axis EIRP density one of the following cessation of emis- to exceed the off-axis EIRP-density sion requirements: specifications supplied to the target (A) For ESVs operating under para- satellite operator, the network control graph (a)(1)(ii)(A) of this section, all and monitoring center must command emissions from the ESV shall auto- those transmitters to cease emissions matically cease within 100 milliseconds or reduce the aggregate EIRP density if the angle between the orbital loca- to a level at or below those specification of the target satellite and the axis tions, and the transmitters must com- of the main lobe of the ESV antenna ply within 100 milliseconds of receiving ° exceeds 0.5 , and transmission will not the command. resume until such angle is less than or (3) The following requirements apply ° equal to 0.2 , or to an ESV system that uses variable (B) For ESV transmitters operating power control of individual earth sta- under paragraph (a)(1)(ii)(B) of this sections transmitting simultaneously in tion, all emissions from the ESV shall the same frequencies to the same tar- automatically cease within 100 milli- get satellite, unless the ESV system seconds if the angle between the or- operates pursuant to paragraph (a)(2) bital location of the target satellite of this section. and the axis of the main lobe of the ESV antenna exceeds the declared (i) Aggregate EIRP density from co- maximum antenna pointing error and frequency earth stations in each target shall not resume transmissions until satellite receiving beam, not resulting such angle is less than or equal to the from colliding data bursts transmitted declared maximum antenna pointing pursuant to a contention protocol, will error. not exceed the limits defined in para- (2) The following requirements apply graph (a)(1)(i) of this section. to ESV systems that operate with off- (ii) Each ESV transmitter must be axis EIRP spectral-densities in excess self-monitoring and capable of shutting of the levels in paragraph (a)(1)(i) or itself off and must cease or reduce (a)(3)(i) of this section under licenses emissions within 100 milliseconds after granted based on certifications filed generating off-axis EIRP density in ex- pursuant to paragraph (b)(2) of this sec- cess of the limit in paragraph (a)(3)(i) tion. of this section. (i) An ESV or ESV system licensed (iii) Aggregate power density from si- based on certifications filed pursuant multaneously transmitting ESV trans- to paragraph (b)(2) of this section must mitters must be monitored at the sys- operate in accordance with the off-axis tem’s network control and monitoring EIRP density specifications provided to center. If simultaneous operation of the target satellite operator in order to two or more ESV transmitters causes obtain the certifications. aggregate off-axis EIRP density to ex- (ii) Any ESV transmitter operating ceed the off-axis EIRP density limit in under a license granted based on cer- paragraph (a)(3)(i) of this section, the tifications filed pursuant to paragraph network control and monitoring center (b)(2) of this section must be self-moni- must command those transmitters to toring and capable of shutting itself off cease emissions or reduce the aggre- and must cease or reduce emissions gate EIRP density to a level at or

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below that limit, and those transmit- (10) ESVs, operating while docked, ters must comply within 100 milli- that complete coordination with ter- seconds of receiving the command. restrial stations in the 3700–4200 MHz (4) There shall be a point of contact band in accordance with § 25.251, shall in the United States, with phone num- receive protection from such terres- ber and address, available 24 hours a trial stations in accordance with the day, seven days a week, with authority coordination agreements, for 180 days, and ability to cease all emissions from renewable for 180 days. the ESVs, either directly or through (11) ESVs in motion shall not claim the facilities of a U.S. Hub or a Hub lo- protection from harmful interference cated in another country with which from any authorized terrestrial sta- the United States has a bilateral agree- tions or lawfully operating satellites to ment that enables such cessation of which frequencies are either already emissions. assigned, or may be assigned in the fu- (5) For each ESV transmitter, a ture in the 3700–4200 MHz (space-to- record of the ship location (i.e., lati- Earth) frequency band. tude/longitude), transmit frequency, (12) ESVs operating within 200 km channel bandwidth and satellite used from the baseline of the United States, shall be time annotated and main- or within 200 km from a U.S.-licensed tained for a period of not less than 1 fixed service offshore installation, year. Records will be recorded at time shall complete coordination with po- intervals no greater than every 20 min- tentially affected U.S.-licensed fixed utes while the ESV is transmitting. service operators prior to operation. The ESV operator will make this data The coordination method and the in- available upon request to a coordi- terference criteria objective shall be nator, fixed system operator, Fixed- determined by the frequency coordi- Satellite system operator, or the Com- nator. The details of the coordination mission within 24 hours of the request. shall be maintained and available at (6) ESV operators communicating the frequency coordinator, and shall be with vessels of foreign registry must filed with the Commission electroni- maintain detailed information on each cally via the International Bureau Fil- vessel’s country of registry and a point ing System (http://licensing.fcc.gov/ of contact for the relevant administra- myibfs/) to be placed on public notice. tion responsible for licensing ESVs. The coordination notifications must be (7) ESV operators shall control all filed in the form of a statement ref- ESVs by a hub earth station located in erencing the relevant call signs and file the United States, except that an ESV numbers. Operation of each individual on U.S.-registered vessels may operate ESV may commence immediately after under control of a hub earth station lo- the public notice is released that iden- cation outside the United States pro- tifies the notification sent to the Com- vided the ESV operator maintains a mission. Continuance of operation of point of contact within the United that ESV for the duration of the co- States that will have the capability ordination term shall be dependent and authority to cause an ESV on a upon successful completion of the nor- U.S.-registered vessel to cease trans- mal public notice process. If, prior to mitting if necessary. the end of the 30-day comment period (8) ESV operators transmitting in the of the public notice, any objections are 5925–6425 MHz (Earth-to-space) fre- received from U.S.-licensed Fixed Serv- quency band to GSO satellites in the ice operators that have been excluded Fixed-Satellite Service (FSS) shall not from coordination, the ESV licensee seek to coordinate, in any geographic must immediately cease operation of location, more than 36 megahertz of that particular station on frequencies uplink bandwidth on each of no more used by the affected U.S.-licensed than two GSO FSS satellites. Fixed Service station until the coordi- (9) ESVs shall not operate in the nation dispute is resolved and the ESV 5925–6425 MHz (Earth-to-space) and licensee informs the Commission of the 3700–4200 MHz (space-to-Earth) fre- resolution. As used in this section, quency bands on vessels smaller than ‘‘baseline’’ means the line from which 300 gross tons. maritime zones are measured. The

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baseline is a combination of the low- a pointing error of less than or equal to water line and closing lines across the 0.2° between the orbital location of the mouths of inland water bodies and is target satellite and the axis of the defined by a series of baseline points main lobe of the ESV antenna and that that include islands and ‘‘low-water the antenna tracking system is capable elevations,’’ as determined by the U.S. of ceasing emissions within 100 milli- Department of State’s Baseline Com- seconds if the angle between the or- mittee. bital location of the target satellite (13) ESV operators must automati- and the axis of the main lobe of the cally cease transmission if the ESV op- ESV antenna exceeds 0.5°. erates in violation of the terms of its (iv) An ESV applicant proposing to coordination agreement, including, but implement a transmitter under para- not limited to, conditions related to graph (a)(1)(ii)(B) of this section must: speed of the vessel or if the ESV trav- (A) Declare, in its application, a els outside the coordinated area, if maximum antenna pointing error and within 200 km from the baseline of the demonstrate that the maximum an- United States, or within 200 km from a tenna pointing error can be achieved U.S.-licensed fixed service offshore in- without exceeding the off-axis EIRP stallation. Transmissions may be con- spectral-density limits in paragraph trolled by the ESV network. The fre- (a)(1)(i) of this section; and quency coordinator may decide wheth- (B) Demonstrate that the ESV trans- er ESV operators should automatically mitter can detect if the transmitter ex- cease transmissions if the vessel falls ceeds the declared maximum antenna below a prescribed speed within a pre- pointing error and can cease trans- scribed geographic area. mission within 100 milliseconds if the (b) Applications for ESV operation in angle between the orbital location of the 5925–6425 MHz (Earth-to-space) the target satellite and the axis of the band to GSO satellites in the FSS must main lobe of the ESV antenna exceeds include, in addition to the particulars the declared maximum antenna point- of operation identified on FCC Form ing error, and will not resume trans- 312, and associated Schedule B, applica- missions until the angle between the ble technical demonstrations or certifi- orbital location of the target satellite cations pursuant to paragraph (b)(1), and the axis of the main lobe of the (b)(2), or (b)(3) of this section and the ESV antenna is less than or equal to documentation identified in para- the declared maximum antenna point- graphs (b)(4) through (b)(6) of this sec- ing error. tion. (2) An applicant proposing to operate (1) An ESV applicant proposing to with off-axis EIRP density in excess of implement a transmitter under para- the levels specified in paragraph graph (a)(1) of this section must pro- (a)(1)(i) or (a)(3)(i) of this section must vide the information required by provide the following in exhibits to its § 25.115(g)(1). An applicant proposing to earth station application: implement a transmitter under para- (i) Off-axis EIRP density data pursu- graph (a)(1)(ii)(A) of this section must ant to § 25.115(g)(1): also provide the certifications identi- (ii) The certifications required by fied in paragraph (b)(1)(iii) of this sec- § 25.220(d); tion. An ESV applicant proposing to (iii) A detailed showing that each implement a transmitter under para- ESV transmitter in the system will graph (a)(1)(ii)(B) of this section must automatically cease or reduce emis- also provide the demonstrations identi- sions within 100 milliseconds after gen- fied in paragraph (b)(1)(iv) of this sec- erating EIRP density exceeding speci- tion. fications provided to the target sat- (i)–(ii) [Reserved] ellite operator; (iii) An ESV applicant proposing to (iv) A detailed showing that the ag- implement a transmitter under para- gregate power density from simulta- graph (a)(1)(ii)(A) of this section, must neously transmitting ESV transmit- provide a certification from the equip- ters will be monitored at the system’s ment manufacturer stating that the network control and monitoring cen- antenna tracking system will maintain ter; that if simultaneous operation of

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two or more ESV transmitters causes section and, if applicable, paragraph the aggregate off-axis EIRP density to (a)(6) of this section, must be included exceed the off-axis EIRP density speci- in the application. fications supplied to the target sat- (6) ESVs that exceed the radiation ellite operator, the network control guidelines of § 1.1310 of this chapter, and monitoring center will command Radiofrequency radiation exposure those transmitters to cease emissions limits, must provide, with their envi- or reduce the aggregate EIRP density ronmental assessment, a plan for miti- to a level at or below those specifica- gation of radiation exposure to the ex- tions; and that those transmitters will tent required to meet those guidelines. comply within 100 milliseconds of re- (7) Except for ESV systems operating ceiving the command; and pursuant to paragraph (a)(2) of this sec- (v) A certification that the ESV sys- tion, ESV systems authorized pursuant tem will operate in compliance with to this section shall be eligible for a li- the power limits in § 25.204(h). cense that lists Permitted List as an (3) An applicant proposing to imple- authorized point of communication. ment an ESV system subject to paragraph (a)(3) of this section must pro- [74 FR 47102, Sept. 15, 2009, as amended at 77 vide the following information in ex- FR 50050, Aug. 20, 2012; 78 FR 8429, Feb. 6, hibits to its earth station application: 2013; 78 FR 29062, May 17, 2013; 79 FR 8324, (i) Off-axis EIRP density data pursu- Feb. 12, 2014; 81 FR 55342, Aug. 18, 2016] ant to § 25.115(g)(1); (ii) A detailed showing of the meas- § 25.222 Blanket licensing provisions for ESVs operating with GSO FSS ures that will be employed to maintain space stations in the 10.95–11.2 aggregate EIRP density at or below the GHz, 11.45–11.7 GHz, 11.7–12.2 GHz, limit in paragraph (a)(3)(i) of this sec- and 14.0–14.5 GHz bands. tion; (iii) A detailed showing that each (a) The following ongoing require- ESV terminal will automatically cease ments govern all ESV licensees and op- or reduce emissions within 100 milli- erations in the 10.95–11.2 GHz (space-to- seconds after generating off-axis EIRP Earth), 11.45–11.7 GHz (space-to-Earth), density exceeding the limit in para- 11.7–12.2 GHz (space-to-Earth) and 14.0– graph (a)(3)(i) of this section; 14.5 GHz (Earth-to-space) bands trans- (iv) A detailed showing that the ag- mitting to GSO satellites in the Fixed- gregate power density from simulta- Satellite Service.ESV licensees must neously transmitting ESV transmit- comply with the requirements in para- ters will be monitored at the system’s graph (a)(1), (a)(2) or (a)(3) of this sec- network control and monitoring cen- tion and all of the requirements set ter; that if simultaneous operation of forth in paragraphs (a)(4) through (a)(8) two or more ESV transmitters causes of this section. Paragraph (b) of this aggregate off-axis EIRP density to ex- section identifies items that must be ceed the off-axis EIRP density limit in included in the application for ESV op- paragraph (a)(3)(i) of this section, the erations to demonstrate that these on- network control and monitoring center going requirements will be met. will command those transmitters to (1) The following requirements shall cease emissions or reduce the aggre- apply to an ESV that uses transmitters gate EIRP density to a level at or with off-axis effective isotropically ra- below that limit; and that those trans- diated power (EIRP) spectral-densities mitters will comply within 100 milli- lower than or equal to the levels in seconds of receiving the command; and paragraph (a)(1)(i)(A) of this section. (v) Certification that the ESV system An ESV, or ESV system, operating will operate in compliance with the under this section shall provide a de- power limits in § 25.204(h). tailed demonstration as described in (4) There shall be an exhibit included paragraph (b)(1) of this section. The with the application describing the ge- ESV transmitter also must comply ographic area(s) in which the ESVs will with the antenna pointing and ces- operate. sation of emission requirements in (5) The point of contact information paragraphs (a)(1)(ii) and (a)(1)(iii) of referred to in paragraph (a)(3) of this this section.

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(i)(A) Off-axis EIRP spectral density GSO arc, as defined in § 25.103, shall not emitted in the plane tangent to the exceed the following values:

15–25logq ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25logq ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥14 ...... dBW/4kHz for 19.1° < q ≤ 180°.

Where theta (q) is the angle in degrees 180°, and by up to 6 dB in the region of from a line from the earth station an- main reflector spillover energy. tenna to the assigned orbital location (B) The off-axis EIRP density of co- of the target satellite. The EIRP den- polarized signals shall not exceed the sity levels specified for q > 7° may be following values in the plane perpen- exceeded by up to 3 dB in up to 10% of dicular to the GSO arc, as defined in the range of theta (q) angles from ±7– § 25.103:

18–25logq ...... dBW/4 kHz for 3.0° ≤ q ≤ 19.1°. ¥14 ...... dBW/4kHz for 19.1° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (a)(1)(i)(A) of this section. These EIRP ellite. density levels may be exceeded by up (C) The off-axis EIRP density of to 6 dB in the region of main reflector cross-polarized signals shall not exceed spillover energy and in up to 10% of the the following values in the plane tan- range of q angles not included in that gent to the GSO arc or in the plane region, on each side of the line from perpendicular to the GSO arc:

5–25logq ...... dBW/4 kHz for 1.8° ≤ q ≤ 7.0°.

Where q is as defined in paragraph one of the following cessation of emis- (a)(1)(i)(A) of this section. sion requirements: (ii) Except for ESV systems oper- (A) For ESVs operating under para- ating under paragraph (a)(3) of this sec- graph (a)(1)(ii)(A) of this section, all tion, each ESV transmitter must meet emissions from the ESV shall auto- one of the following antenna pointing matically cease within 100 milliseconds error requirements: if the angle between the orbital loca- (A) Each ESV transmitter shall tion of the target satellite and the axis of the main lobe of the ESV antenna maintain a pointing error of less than exceeds 0.5°, and transmission will not or equal to 0.2° between the orbital lo- resume until such angle is less than or cation of the target satellite and the equal to 0.2°, or axis of the main lobe of the ESV an- (B) For ESV transmitters operating tenna, or under paragraph (a)(1)(ii)(B) of this sec- (B) Each ESV transmitter shall de- tion, all emissions from the ESV shall clare a maximum antenna pointing automatically cease within 100 milli- error that may be greater than 0.2° pro- seconds if the angle between the or- vided that the ESV does not exceed the bital location of the target satellite off-axis EIRP spectral-density limits in and the axis of the main lobe of the paragraph (a)(1)(i) of this section, tak- ESV antenna exceeds the declared ing into account the antenna pointing maximum antenna pointing error and error. shall not resume transmissions until (iii) Except for ESV systems oper- such angle is less than or equal to the ating under paragraph (a)(3) of this sec- declared maximum antenna pointing tion, each ESV transmitter must meet error.

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(2) The following requirements apply (ii) Each ESV transmitter must be to ESV systems that operate with off- self-monitoring and capable of shutting axis EIRP spectral-densities in excess itself off and must cease or reduce of the levels in paragraph (a)(1)(i) or emissions within 100 milliseconds after (a)(3)(i) of this section under licenses generating off-axis EIRP density in ex- granted based on certifications filed cess of the limit in paragraph (a)(3)(i) pursuant to paragraph (b)(2) of this sec- of this section. tion. (iii) Aggregate power density from si- (i) An ESV or ESV system licensed multaneously transmitting ESV trans- based on certifications filed pursuant mitters must be monitored at the sys- to paragraph (b)(2) of this section must tem’s network control and monitoring operate in accordance with the off-axis center. If simultaneous operation of EIRP density specifications provided to two or more ESV transmitters causes the target satellite operator in order to aggregate off-axis EIRP density to ex- obtain the certifications. ceed the off-axis EIRP density limit in (ii) Any ESV transmitter operating paragraph (a)(3)(i) of this section, the under a license granted based on cer- network control and monitoring center tifications filed pursuant to paragraph must command those transmitters to (b)(2) of this section must be self-moni- cease emissions or reduce the aggre- toring and capable of shutting itself off gate EIRP density to a level at or and must cease or reduce emissions below that limit, and those transmit- within 100 milliseconds after gener- ters must comply within 100 milli- ating off-axis EIRP-density in excess of seconds of receiving the command. the specifications supplied to the tar- (4) There shall be a point of contact get satellite operator. in the United States, with phone num- (iii) A system with variable power ber and address, available 24 hours a control of individual ESV transmitters day, seven days a week, with authority must monitor the aggregate off-axis and ability to cease all emissions from EIRP density from simultaneously the ESVs, either directly or through transmitting ESV transmitters at the the facilities of a U.S. Hub or a Hub lo- system’s network control and moni- cated in another country with which toring center. If simultaneous oper- the United States has a bilateral agree- ation of two or more ESV transmitters ment that enables such cessation of causes aggregate off-axis EIRP density emissions. to exceed the off-axis EIRP-density (5) For each ESV transmitter, a specifications supplied to the target record of the ship location (i.e., lati- satellite operator, the network control tude/longitude), transmit frequency, and monitoring center must command channel bandwidth and satellite used those transmitters to cease emissions shall be time annotated and main- or reduce the aggregate EIRP density tained for a period of not less than 1 to a level at or below those specifica- year. Records will be recorded at time tions, and the transmitters must com- intervals no greater than every 20 min- ply within 100 milliseconds of receiving utes while the ESV is transmitting. the command. The ESV operator will make this data (3) The following requirements apply available upon request to a coordi- to an ESV system that uses variable nator, fixed system operator, Fixed- power control of individual earth sta- Satellite system operator, NTIA, or the tions transmitting simultaneously in Commission within 24 hours of the re- the same frequencies to the same tar- quest. get satellite, unless the ESV system (6) ESV operators communicating operates pursuant to paragraph (a)(2) with vessels of foreign registry must of this section. maintain detailed information on each (i) Aggregate EIRP density from co- vessel’s country of registry and a point frequency earth stations in each target of contact for the relevant administra- satellite receiving beam, not resulting tion responsible for licensing ESVs. from colliding data bursts transmitted (7) ESV operators shall control all pursuant to a contention protocol, will ESVs by a Hub earth station located in not exceed the limits defined in para- the United States, except that an ESV graph (a)(1)(i) of this section. on U.S.-registered vessels may operate

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under control of a Hub earth station lo- (iv) An ESV applicant proposing to cation outside the United States pro- implement a transmitter under para- vided the ESV operator maintains a graph (a)(1)(ii)(B) of this section must: point of contact within the United (A) Declare, in their application, a States that will have the capability maximum antenna pointing error and and authority to cause an ESV on a demonstrate that the maximum an- U.S.-registered vessel to cease trans- tenna pointing error can be achieved mitting if necessary. without exceeding the off-axis EIRP (8) In the 10.95–11.2 GHz (space-to- spectral-density limits in paragraph Earth) and 11.45–11.7 GHz (space-to- (a)(1)(A) of this section; and Earth) frequency bands ESVs shall not (B) Demonstrate that the ESV trans- claim protection from interference mitter can detect if the transmitter ex- from any authorized terrestrial sta- ceeds the declared maximum antenna tions to which frequencies are either pointing error and can cease trans- already assigned, or may be assigned in mission within 100 milliseconds if the the future. angle between the orbital location of (b) Applications for ESV operation in the target satellite and the axis of the the 14.0–14.5 GHz (Earth-to-space) band main lobe of the ESV antenna exceeds to GSO satellites in the FSS must in- the declared maximum antenna point- clude, in addition to the particulars of ing error, and will not resume trans- operation identified on FCC Form 312, missions until the angle between the and associated Schedule B, applicable orbital location of the target satellite technical demonstrations or certifi- and the axis of the main lobe of the cations pursuant to paragraph (b)(1), ESV antenna is less than or equal to (b)(2), or (b)(3) of this section and the the declared maximum antenna point- documentation identified in para- ing error. graphs (b)(4) through (6) of this section. (2) An applicant proposing to operate (1) An ESV applicant proposing to with off-axis EIRP density in excess of implement a transmitter under para- the levels in paragraph (a)(1)(i) or graph (a)(1) of this section must pro- (a)(3)(i) of this section must provide vide the information required by the following in exhibits to its earth § 25.115(g)(1). An applicant proposing to station application: implement a transmitter under para- (i) Off-axis EIRP density data pursu- graph (a)(1)(ii)(A) of this section must ant to § 25.115(g)(1); also provide the certifications identi- (ii) The certifications required by fied in paragraph (b)(1)(iii) of this sec- § 25.220(d); tion. An ESV applicant proposing to (iii) A detailed showing that each implement a transmitter under para- ESV transmitter in the system will graph (a)(1)(ii)(B) of this section must automatically cease or reduce emis- also provide the demonstrations identi- sions within 100 milliseconds after gen- fied in paragraph (b)(1)(iv) of this sec- erating EIRP density exceeding speci- tion. fications provided to the target sat- (i)–(ii) [Reserved] ellite operator; and (iii) An ESV applicant proposing to (iv) A detailed showing that the ag- implement a transmitter under para- gregate power density from simulta- graph (a)(1)(ii)(A) of this section, must neously transmitting ESV transmit- provide a certification from the equip- ters will be monitored at the system’s ment manufacturer stating that the network control and monitoring cen- antenna tracking system will maintain ter; that if simultaneous operation of a pointing error of less than or equal to two or more ESV transmitters causes 0.2 between the orbital location of the the aggregate off-axis EIRP density to target satellite and the axis of the exceed the off-axis EIRP density speci- main lobe of the ESV antenna and that fications supplied to the target sat- the antenna tracking system is capable ellite operator, the network control of ceasing emissions within 100 milli- and monitoring center will command seconds if the angle between the or- those transmitters to cease emissions bital location of the target satellite or reduce the aggregate EIRP density and the axis of the main lobe of the to a level at or below those specifica- ESV antenna exceeds 0.5°. tions; and that those transmitters will

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comply within 100 milliseconds of re- (c) Operations of ESVs in the 14.0–14.2 ceiving the command. GHz (Earth-to-space) frequency band (3) An applicant proposing to imple- within 125 km of the NASA TDRSS fa- ment an ESV system subject to para- cilities on Guam (located at latitude: graph (a)(3) of this section must pro- 13°36′55″ N, longitude 144°51′22″ E) or vide the following information in ex- White Sands, New Mexico (latitude: hibits to its earth station application: 32°20′59″ N, longitude 106°36′31″ W and (i) Off-axis EIRP density data pursu- latitude: 32°32′40″ N, longitude 106°36′48″ ant to § 25.115(g)(1); W) are subject to coordination through (ii) A detailed showing of the meas- the National Telecommunications and ures that will be employed to maintain Information Administration (NTIA) aggregate EIRP density at or below the Interdepartment Radio Advisory Com- limit in paragraph (a)(3)(i) of this sec- mittee (IRAC). When NTIA seeks to tion; provide similar protection to future (iii) A detailed showing that each TDRSS sites that have been coordi- ESV terminal will automatically cease nated through the IRAC Frequency As- or reduce emissions within 100 milli- signment Subcommittee process, NTIA seconds after generating off-axis EIRP will notify the Commission that the density exceeding the limit in para- site is nearing operational status. Upon graph (a)(3)(i) of this section; and public notice from the Commission, all (iv) A detailed showing that the ag- Ku-band ESV operators must cease op- gregate power density from simulta- erations in the 14.0–14.2 GHz band with- neously transmitting ESV transmit- in 125 km of the new TDRSS site until ters will be monitored at the system’s after NTIA/IRAC coordination for the network control and monitoring cen- new TDRSS facility is complete. ESV ter; that if simultaneous operation of operations will then again be permitted two or more ESV transmitters causes to operate in the 14.0–14.2 GHz band aggregate off-axis EIRP density to ex- within 125 km of the new TDRSS site, ceed the off-axis EIRP density limit in subject to any operational constraints paragraph (a)(3)(i) of this section, the developed in the coordination process. network control and monitoring center (d) Operations of ESVs in the 14.47– will command those transmitters to 14.5 GHz (Earth-to-space) frequency cease emissions or reduce the aggre- band within (a) 45 km of the radio ob- gate EIRP density to a level at or servatory on St. Croix, Virgin Islands below that limit; and that those trans- (latitude 17°46′ N, longitude 64°35′ W); mitters will comply within 100 milli- (b) 125 km of the radio observatory on seconds of receiving the command. Mauna Kea, Hawaii (at latitude 19°48′ (4) There shall be an exhibit included N, longitude 155°28′ W); and (c) 90 km of with the application describing the ge- the Arecibo Observatory on Puerto ographic area(s) in which the ESVs will Rico (latitude 18°20′46″ W, longitude operate. 66°45′11″ N) are subject to coordination (5) The point of contact referred to in through the National Telecommuni- paragraph (a)(3) of this section and, if cations and Information Administra- applicable paragraph (a)(6) of this section (NTIA) Interdepartment Radio Ad- tion, must be included in the applica- visory Committee (IRAC). tion. [74 FR 47105, Sept. 15, 2009, as amended at 77 (6) ESVs that exceed the radiation FR 50051, Aug. 20, 2012; 78 FR 8429, Feb. 6, guidelines of § 1.1310 of this chapter, 2013; 79 FR 8324, Feb. 12, 2014; 81 FR 55343, Radiofrequency radiation exposure Aug. 18, 2016] limits, must provide, with their environmental assessment, a plan for miti- § 25.223 Alternative licensing rules for gation of radiation exposure to the ex- feeder-link earth stations in the 17/ tent required to meet those guidelines. 24 GHz BSS. (7) Except for ESV systems operating (a) This section applies to license ap- pursuant to paragraph (a)(2) of this sec- plications for earth stations that tion, ESV systems authorized pursuant transmit to 17/24 GHz Broadcasting- to this section shall be eligible for a li- Satellite Service space stations that cense that lists Permitted List as an are not eligible for routine processing authorized point of communication. under § 25.212(f).

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(b) Applications for earth station li- (1) The EIRP density of co-polarized censes in the 24.75–25.25 GHz portion of signals will not exceed the following 17/24 GHz BSS may be routinely proc- values in the plane tangent to the GSO essed if they meet the following re- arc, as defined in § 25.103, under clear quirements: sky conditions:

32.5–25log(q) ...... dBW/MHz for 2° ≤ q ≤ 7°. 11.4 ...... dBW/MHz for 7° ≤ q ≤ 9.2°. 35.5–25log(q) ...... dBW/MHz for 9.2° ≤ q ≤ 19.1°. 3.5 ...... dBW/MHz for 19.1° ≤ q ≤ 180°.

Where q is the angle in degrees from a (2) The EIRP density of co-polarized line from the earth station antenna to signals will not exceed the following the assigned orbital location of the tar- values under clear sky conditions in get satellite. the plane perpendicular to the GSO arc, as defined in § 25.103:

35.5–25log(q) ...... dBW/MHz for 2° ≤ q ≤ 7°. 14.4 ...... dBW/MHz for 7° ≤ q ≤ 9.2°. 38.5–25log(q) ...... dBW/MHz for 9.2° ≤ q ≤ 19.1°. 6.5 ...... dBW/MHz for 19.1° ≤ q ≤ 180°.

Where q is as defined in paragraph side of the line from the earth station (b)(1) of this section. to the target satellite. (3) The EIRP density levels specified (4) The EIRP density of cross-polar- in paragraphs (a)(1) and (2) of this sec- ized signals will not exceed the fol- tion may be exceeded by up to 3 dB for lowing values in the plane tangent to the GSO arc or in the plane perpen- values of > 7°, in 10% of the range of q dicular to the GSO arc, under clear sky theta ( ) angles from 7°–180° on each q conditions:

22.5–25log(q) ...... dBW/MHz for 2° ≤ q ≤ 7°.

Where q is as defined in paragraph potentially affected parties are opera- (b)(1) of this section. tors of co-frequency U.S.-authorized (c) An applicant proposing levels in space stations up to ±10° from the pro- excess of those specified in paragraph posed satellite points of communica- (b) of this section must certify that po- tion. tentially affected parties acknowledge (2) Notwithstanding paragraph (c)(1) and do not object to the use of the ap- of this section, an applicant need not plicant’s higher EIRP densities. certify that the operator of a co-fre- (1) For proposed non-conforming quency space station consents to pro- EIRP density levels up to 3 dB in ex- posed non-conforming operation if cess of the limits defined in paragraph EIRP density from the proposed earth (b) of this section, potentially affected station will not exceed the levels speci- parties are operators of co-frequency fied in paragraph (b) toward any posi- U.S.-authorized 17/24 GHz BSS space tion in the geostationary arc within stations at angular separations of up to one degree of the assigned orbital loca- ±6° from the proposed satellite points tion of the co-frequency space station. of communication. For proposed EIRP (3) Power density levels more than 6 density levels more than 3 dB but not dB in excess of the limits defined in more than 6 dB in excess of the limits paragraph (b) of this section will not be defined in paragraph (b) of this section, permitted.

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(d)(1) The operator of an earth sta- paragraph (c)(1) of this section, if the tion licensed pursuant to paragraph (c) co-frequency space station’s reception of this section will bear the burden of of conforming uplink transmissions is coordinating with the operator of a co- adversely affected by the non-con- frequency space station subsequently forming earth station operation, unless licensed by the Commission for oper- the non-conforming operation is per- ation at an orbital location 10° or less mitted under a coordination agreement from the earth station’s target sat- with the operator of the co-frequency ellite if the co-frequency space sta- space station. tion’s reception of conforming uplink [72 FR 50030, Aug. 29, 2007, as amended at 79 transmissions is, or would be, ad- FR 8324, Feb. 12, 2014; 81 FR 55344, Aug. 18, versely affected by the earth station’s 2016] non-conforming operation. If no agreement is reached, the earth station op- § 25.224 Protection of receive-only erator must reduce EIRP density to- earth stations in the 17/24 GHz BSS. ward that co-frequency space station (a) Notwithstanding § 25.209(c) of this to a level in conformance with the en- part, receive-only earth stations oper- velopes specified in paragraph (b) of ating in the 17/24 GHz broadcasting-sat- this section. ellite service can claim no greater pro- (2) The operator of an earth station tection from interference than they licensed pursuant to paragraph (c)(1) or would receive if the equivalent antenna (c)(2) of this section must reduce EIRP diameter were equal to or greater than density to levels at or within those 45 cm and the antenna meets the co- specified in paragraph (b) toward a polar and cross-polar performance pat- U.S.-licensed space station receiving in terns represented by the following set the same uplink band at an angular of formulas (adopted in Recommenda- separation from the earth station’s tar- tion ITU–R BO.1213–1, dated November get satellite greater than is required in 2005) that are valid for D/λ ≥11:

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(b) Paragraph (a) of this section does standards of § 25.209(a) and (b) of this not apply to 17/24 GHz BSS telemetry part. earth stations. Those earth stations [72 FR 50031, Aug. 29, 2007] are subject to the antenna performance

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§ 25.225 Geographic Service Require- § 25.226 Blanket licensing provisions ments for 17/24 GHz Broadcasting for domestic, U.S. VMESs operating Satellite Service. with GSO FSS space stations in the 10.95–11.2 GHz, 11.45–11.7 GHz, 11.7– (a) Each operator of a 17/24 GHz BSS 12.2 GHz, and 14.0–14.5 GHz bands. space station that is used to provide (a) The following ongoing require- video programming directly to con- ments govern all VMES licensees and sumers in the 48 contiguous United operations in the 10.95–11.2 GHz (space- States (CONUS) must provide com- to-Earth), 11.45–11.7 GHz (space-to- parable service to Alaska and Hawaii, Earth), 11.7–12.2 GHz (space-to-Earth) unless such service is not technically and 14.0–14.5 GHz (Earth-to-space) feasible or not economically reasonable bands receiving from and transmitting from the authorized orbital location. to geostationary orbit satellites in the (b) Each operator of a 17/24 GHz BSS Fixed-Satellite Service. VMES licens- space station subject to paragraph (a) ees shall comply with the requirements of this section must design and con- in either paragraph (a)(1), (a)(2) or figure its space station to be capable of (a)(3) of this section and all of the re- providing service to Alaska and Ha- quirements set forth in paragraphs waii, that is comparable to the service (a)(4) through (a)(9) and paragraphs (c), that such satellites will provide to (d), and (e) of this section. Paragraph CONUS subscribers, from any orbital (b) of this section identifies items that location capable of providing service to shall be included in the application for either Alaska or Hawaii to which it VMES operations to demonstrate that may be located or relocated in the fu- these ongoing requirements will be ture. met. (c) If an operator of a 17/24 GHz BSS (1) The following requirements shall apply to a VMES that uses transmit- space station that is used to provide ters with off-axis EIRP spectral-den- video programming directly to con- sities lower than or equal to the levels sumers in the United States relocates in paragraph (a)(1)(i) of this section. A or replaces a 17/24 GHz BSS space sta- VMES, or VMES system, operating tion at a location from which service under this section shall provide a de- to Alaska and Hawaii had been pro- tailed demonstration as described in vided by another 17/24 GHz BSS space paragraph (b)(1) of this section. The station, the operator must use a space VMES transmitter also shall comply station capable of providing at least with the antenna pointing and ces- the same level of service to Alaska and sation of emission requirements in Hawaii as previously provided from paragraphs (a)(1)(ii) and (a)(1)(iii) of that location. this section. (i)(A) Off-axis EIRP spectral density [72 FR 50033, Aug. 29, 2007] emitted in the plane tangent to the GSO arc, as defined in § 25.103, shall not exceed the following values:

15–25logq ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25logq ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

Where theta (q) is the angle in degrees 180°, and by up to 6 dB in the region of from a line from the earth station an- main reflector spillover energy. tenna to the assigned orbital location (B) The off-axis EIRP spectral den- of the target satellite. The EIRP density of co-polarized signals shall not sity levels specified for q > 7° may be exceed the following values in the exceeded by up to 3 dB in up to 10% of plane perpendicular to the GSO arc, as the range of theta (q) angles from ±7– defined in § 25.103:

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18–25logq ...... dBW/4 kHz for 3.0° ≤ q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (a)(1)(i)(A) of this section. These EIRP ellite. density levels may be exceeded by up (C) The EIRP density of cross-polar- to 6 dB in the region of main reflector ized signals shall not exceed the fol- spillover energy and in up to 10% of the lowing values in the plane tangent to range of q angles not included in that the GSO arc or in the plane perpen- region, on each side of the line from dicular to the GSO arc:

5–25logq ...... dBW/4 kHz for 1.8° ≤ q ≤ 7.0°.

Where q is as defined in paragraph and the axis of the main lobe of the (a)(1)(i)(A) of this section. VMES antenna exceeds the declared (ii) Except for VMES systems oper- maximum antenna pointing error and ating under paragraph (a)(3), each shall not resume transmissions until VMES transmitter must meet one of such angle is less than or equal to the the following antenna pointing error declared maximum antenna pointing requirements: error. (A) Each VMES transmitter shall (2) The following requirements apply maintain a pointing error of less than to VMES systems that operate with or equal to 0.2° between the orbital lo- off-axis EIRP spectral-densities in ex- cation of the target satellite and the cess of the levels in paragraph (a)(1)(i) axis of the main lobe of the VMES an- or (a)(3)(i) of this section under li- tenna, or censes granted based on certifications (B) Each VMES transmitter shall de- filed pursuant to paragraph (b)(2) of clare a maximum antenna pointing this section. error that may be greater than 0.2° pro- (i) A VMES or VMES system licensed vided that the VMES does not exceed based on certifications filed pursuant the off-axis EIRP spectral-density lim- to paragraph (b)(2) of this section must its in paragraph (a)(1)(i) of this section, operate in accordance with the off-axis taking into account the antenna point- EIRP density specifications provided to ing error. the target satellite operator in order to (iii) Except for VMES systems oper- obtain the certifications. ating under paragraph (a)(3), each (ii) Any VMES transmitter operating VMES transmitter must meet of one under a license granted based on cer- the following cessation of emission re- tifications filed pursuant to paragraph quirements: (b)(2) of this section must be self-moni- (A) For VMESs operating under para- toring and capable of shutting itself off graph (a)(1)(ii)(A) of this section, all and must cease or reduce emissions emissions from the VMES shall auto- within 100 milliseconds after gener- matically cease within 100 milliseconds ating off-axis EIRP-density in excess of if the angle between the orbital loca- the specifications supplied to the tar- tion of the target satellite and the axis get satellite operator. of the main lobe of the VMES antenna (iii) A system with variable power exceeds 0.5°, and transmission shall not control of individual VMES transmit- resume until such angle is less than or ters must monitor the aggregate off- equal to 0.2°, or axis EIRP density from simultaneously (B) For VMES transmitters operating transmitting VMES transmitters at under paragraph (a)(1)(ii)(B) of this sec- the system’s network control and mon- tion, all emissions from the VMES itoring center. If simultaneous oper- shall automatically cease within 100 ation of two or more VMES transmit- milliseconds if the angle between the ters causes aggregate off-axis EIRP orbital location of the target satellite density to exceed the off-axis EIRP

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density specifications supplied to the (6) For each VMES transmitter, a target satellite operator, the network record of the vehicle location (i.e., lati- control and monitoring center must tude/longitude), transmit frequency, command those transmitters to cease channel bandwidth and satellite used emissions or reduce the aggregate shall be time annotated and main- EIRP density to a level at or below tained for a period of not less than one those specifications and the transmit- (1) year. Records shall be recorded at ters must comply within 100 milli- time intervals no greater than every seconds of receiving the command. five (5) minutes while the VMES is (3) The following requirements apply transmitting. The VMES operator shall to a VMES system that uses variable make this data available upon request power control of individual VMES to a coordinator, fixed system oper- earth stations transmitting simulta- ator, Fixed-Satellite Service system neously in the same frequencies to the operator, NTIA, or the Commission same target satellite, unless the sys- within 24 hours of the request. tem operates pursuant to paragraph (7) In the 10.95–11.2 GHz (space-to- (a)(2) of this section. Earth) and 11.45–11.7 GHz (space-to- (i) Aggregate EIRP density from co- Earth) frequency bands VMESs shall frequency earth stations in each target not claim protection from interference satellite receiving beam, not resulting from any authorized terrestrial sta- from colliding data bursts transmitted tions to which frequencies are either pursuant to a contention protocol, will already assigned, or may be assigned in not exceed the limits defined in para- the future. graph (a)(1)(i) of this section. (8) A VMES terminal receiving in the (ii) Each VMES transmitter must be 10.95–11.2 GHz (space-to-Earth), 11.45– self-monitoring and capable of shutting 11.7 GHz (space-to-Earth) and 11.7–12.2 itself off and must cease or reduce GHz (space-to-Earth) bands shall re- emissions within 100 milliseconds after ceive protection from interference generating off-axis EIRP density in ex- caused by space stations other than the cess of the limit in paragraph (a)(3)(i) target space station only to the degree of this section. to which harmful interference would (iii) Aggregate power density from si- not be expected to be caused to an multaneously transmitting VMES earth station employing an antenna transmitters must be monitored at the conforming to the referenced patterns system’s network control and moni- defined in § 25.209(a) and (b) and sta- toring center. If simultaneous oper- tionary at the location at which any ation of two or more transmitters in a interference occurred. VMES network causes aggregate off- (9) Each VMES terminal shall auto- axis EIRP density to exceed the off- matically cease transmitting upon the axis EIRP density limit in paragraph loss of synchronization or within 5 sec- (a)(3)(i) of this section, the network onds upon loss of reception of the sat- control and monitoring center must ellite downlink signal, whichever is the command those transmitters to cease shorter timeframe. emissions or reduce the aggregate (b) Applications for VMES operation EIRP density to a level at or below in the 14.0–14.5 GHz (Earth-to-space) that limit, and those transmitters band to GSO satellites in the FSS must must comply within 100 milliseconds of include, in addition to the particulars receiving the command. of operation identified on FCC Form (4) An applicant filing to operate a 312, and associated Schedule B, applica- VMES terminal or system and plan- ble technical demonstrations pursuant ning to use a contention protocol shall to paragraph (b)(1), (b)(2), or (b)(3) of certify that its contention protocol use this section and the documentation will be reasonable. identified in paragraphs (b)(4) through (5) There shall be a point of contact (b)(8) of this section. in the United States, with phone num- (1) A VMES applicant proposing to ber and address, available 24 hours a implement a transmitter under para- day, seven days a week, with authority graph (a)(1) of this section must pro- and ability to cease all emissions from vide the information required by the VMESs. § 25.115(g)(1). An applicant proposing to

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implement a transmitter under para- (i) Off-axis EIRP density data pursu- graph (a)(1)(ii)(A) of this section must ant to § 25.115(g)(1); also provide the certifications identi- (ii) The certifications required by fied in paragraph (b)(1)(iii) of this sec- § 25.220(d); tion. An applicant proposing to imple- (iii) A detailed showing that each ment a transmitter under paragraph VMES transmitter in the system will (a)(1)(ii)(B) of this section must also automatically cease or reduce emis- provide the demonstrations identified sions within 100 milliseconds after gen- in paragraph (b)(1)(iv) of this section. erating EIRP density exceeding speci- (i)–(ii) [Reserved] fications provided to the target sat- (iii) A VMES applicant proposing to ellite operator; and implement a transmitter under para- (iv) A detailed showing that the ag- graph (a)(1)(ii)(A) of this section shall gregate power density from simulta- provide a certification from the equip- neously transmitting VMES transmit- ment manufacturer stating that the ters will be monitored at the system’s antenna tracking system will maintain network control and monitoring cen- a pointing error of less than or equal to ter; that if simultaneous operation of 0.2° between the orbital location of the two or more VMES transmitters causes target satellite and the axis of the the aggregate off-axis EIRP density to main lobe of the VMES antenna and exceed the off-axis EIRP density speci- that the antenna tracking system is fications supplied to the target sat- capable of ceasing emissions within 100 ellite operator, the network control milliseconds if the angle between the and monitoring center will command orbital location of the target satellite those transmitters to cease emissions and the axis of the main lobe of the or reduce the aggregate EIRP density VMES antenna exceeds 0.5°. to a level at or below those specifications; and that those transmitters will (iv) A VMES applicant proposing to comply within 100 milliseconds of re- implement a transmitter under para- ceiving the command. graph (a)(1)(ii)(B) of this section shall: (3) An applicant proposing to imple- (A) Declare, in its application, a ment a VMES system subject to para- maximum antenna pointing error and graph (a)(3) of this section must pro- demonstrate that the maximum an- vide the following information in ex- tenna pointing error can be achieved hibits to its earth station application: without exceeding the off-axis EIRP (i) Off-axis EIRP density data pursu- spectral-density limits in paragraph ant to § 25.115(g)(1); (a)(1)(i) of this section; and (ii) A detailed showing of the meas- (B) Demonstrate that the VMES ures that will be employed to maintain transmitter can detect if the trans- aggregate EIRP density at or below the mitter exceeds the declared maximum limit in paragraph (a)(3)(i) of this sec- antenna pointing error and can cease tion; transmission within 100 milliseconds if (iii) A detailed showing that each the angle between the orbital location VMES terminal will automatically of the target satellite and the axis of cease or reduce emissions within 100 the main lobe of the VMES antenna ex- milliseconds after generating off-axis ceeds the declared maximum antenna EIRP density exceeding the limit in pointing error, and will not resume paragraph (a)(3)(i) of this section; and transmissions until the angle between (iv) A detailed showing that the ag- the orbital location of the target sat- gregate power density from simulta- ellite and the axis of the main lobe of neously transmitting ESV transmit- the VMES antenna is less than or equal ters will be monitored at the system’s to the declared maximum antenna network control and monitoring cen- pointing error. ter; that if simultaneous operation of (2) An applicant proposing to operate two or more transmitters in the VMES with off-axis EIRP density in excess of network causes aggregate off-axis the levels in paragraph (a)(1)(i) or EIRP density to exceed the off-axis (a)(3)(i) of this section must provide EIRP density limit in paragraph the following in exhibits to its earth (a)(3)(i) of this section, the network station application: control and monitoring center will

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command those transmitters to cease VMES terminals are capable of auto- emissions or reduce the aggregate matically ceasing transmissions upon EIRP density to a level at or below the loss of synchronization or within 5 that limit; and that those transmitters seconds upon loss of reception of the will comply within 100 milliseconds of satellite downlink signal, whichever is receiving the command. the shorter timeframe. (4) There shall be an exhibit included (9) Except for VMES systems oper- with the application describing the ge- ating pursuant to paragraphs (a)(2) and ographic area(s) in which the VMESs (a)(3)(ii) of this section, VMES systems will operate. authorized pursuant to this section (5) Any VMES applicant filing for a shall be eligible for a license that lists VMES terminal or system and plan- Permitted List as an authorized point ning to use a contention protocol shall of communication. include in its application a certifi- (c)(1) Operations of VMESs in the cation that will comply with the re- 14.0–14.2 GHz (Earth-to-space) fre- quirements of paragraph (a)(4) of this quency band within 125 km of the section. NASA TDRSS facilities on Guam (lati- (6) The point of contact referred to in tude 13°36′55″ N, longitude 144°51′22″ E) paragraph (a)(5) of this section shall be or White Sands, New Mexico (latitude included in the application. 32°20′59″ N, longitude 106°36′31″ W and (7) Any VMES applicant filing for a latitude 32°32′40″ N, longitude 106°36′48″ VMES terminal or system shall include W) are subject to coordination with the in its application a certification that National Aeronautics and Space Ad- will comply with the requirements of ministration (NASA) through the Na- paragraph (a)(6) of this section. tional Telecommunications and Infor- (8) All VMES applicants shall submit mation Administration (NTIA) Inter- a radio frequency hazard analysis de- department Radio Advisory Committee termining via calculation, simulation, (IRAC). Licensees shall notify the or field measurement whether VMES International Bureau once they have terminals, or classes of terminals, will completed coordination. Upon receipt produce power densities that will ex- of such notification from a licensee, ceed the Commission’s radio frequency the International Bureau will issue a exposure criteria. VMES applicants public notice stating that the licensee with VMES terminals that will exceed may commence operations within the the guidelines in § 1.1310 of this chapter coordination zone in 30 days if no party for radio frequency radiation exposure has opposed the operations. shall provide, with their environmental (2) When NTIA seeks to provide simi- assessment, a plan for mitigation of ra- lar protection to future TDRSS sites diation exposure to the extent required that have been coordinated through to meet those guidelines. All VMES li- the IRAC Frequency Assignment Sub- censees shall ensure installation of committee process, NTIA will notify VMES terminals on vehicles by quali- the Commission’s International Bureau fied installers who have an under- that the site is nearing operational sta- standing of the antenna’s radiation en- tus. Upon public notice from the Inter- vironment and the measures best suit- national Bureau, all Ku-band VMES li- ed to maximize protection of the gen- censees shall cease operations in the eral public and persons operating the 14.0–14.2 GHz band within 125 km of the vehicle and equipment. A VMES ter- new TDRSS site until the licensees minal exhibiting radiation exposure complete coordination with NTIA/IRAC levels exceeding 1.0 mW/cm 2 in acces- for the new TDRSS facility. Licensees sible areas, such as at the exterior sur- shall notify the International Bureau face of the radome, shall have a label once they have completed coordination attached to the surface of the terminal for the new TDRSS site. Upon receipt warning about the radiation hazard of such notification from a licensee, and shall include thereon a diagram the International Bureau will issue a showing the regions around the ter- public notice stating that the licensee minal where the radiation levels could may commence operations within the exceed 1.0 mW/cm 2. All VMES appli- coordination zone in 30 days if no party cants shall demonstrate that their has opposed the operations. The VMES

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licensee then will be permitted to com- Spectrum Manager, NSF, 4201 Wilson mence operations in the 14.0–14.2 GHz Blvd., Suite 1045, Arlington VA 22203, band within 125 km of the new TDRSS fax 703–292–9034, e-mail [email protected]. Li- site, subject to any operational con- censees shall notify the International straints developed in the coordination Bureau once they have completed co- process. ordination. Upon receipt of the coordi- (d)(1) Operations of VMESs in the nation agreement from a licensee, the 14.47–14.5 GHz (Earth-to-space) fre- International Bureau will issue a pub- quency band in the vicinity of radio as- lic notice stating that the licensee may tronomy service (RAS) observatories commence operations within the co- observing in the 14.47–14.5 GHz band are ordination zone in 30 days if no party subject to coordination with the Na- has opposed the operations. tional Science Foundation (NSF). The (2) Table 1 provides a list of each ap- appropriate NSF contact point to ini- plicable RAS site, its location, and the tiate coordination is Electromagnetic applicable coordination zone.

TABLE 1—APPLICABLE RADIO ASTRONOMY SERVICE (RAS) FACILITIES AND ASSOCIATED COORDINATION DISTANCES

Latitude Longitude Observatory (north) (west) Radius (km) of coordination zone

Arecibo, Observatory, Arecibo, PR ...... 18°20′37″ 66°45′11″ Island of Puerto Rico. Green Bank, WV ...... 38°25′59″ 79°50′23″ 160. Very Large Array, near Socorro, NM ...... 34°04′44″ 107°37′06″ 160. Pisgah Astronomical Research Institute, Rosman, NC 35°11′59″ 82°52′19″ 160. U of Michigan Radio Astronomy Observatory, 42°23′56″ 83°56′11″ 160. Stinchfield Woods, MI. Very Long Baseline Array (VLBA) stations: Owens Valley, CA ...... 37°13′54″ 118°16′37″ 160*. Mauna Kea, HI ...... 19°48′05″ 155°27′20″ 50. Brewster, WA ...... 48°07′52″ 119°41′00″ Kitt Peak, AZ ...... 31°57′23″ 111°36′45″ Pie Town, NM ...... 34°18′04″ 108°07′09″ Los Alamos, NM ...... 35°46′30″ 106°14′44″ Fort Davis, TX ...... 30°38′06″ 103°56′41″ North Liberty, IA ...... 41°46′17″ 91°34′27″ Hancock, NH ...... 42°56′01″ 71°59′12″ St. Croix, VI ...... 17°45′24″ 64°35′01″ * Owens Valley, CA operates both a VLBA station and single-dish telescopes.

(3) When NTIA seeks to provide simi- the Commission. Upon receipt of such lar protection to future RAS sites that notification from a licensee, the Inter- have been coordinated through the national Bureau will issue a public no- IRAC Frequency Assignment Sub- tice stating that the licensee may com- committee process, NTIA will notify mence operations within the coordina- the Commission’s International Bureau tion zone in 30 days if no party opposed that the site is nearing operational sta- the operations. The VMES licensee tus. Upon public notice from the Inter- then will be permitted to commence national Bureau, all Ku-band VMES li- operations in the 14.47–14.5 GHz band censees shall cease operations in the within the relevant coordination dis- 14.47–14.5 GHz band within the relevant tance around the new RAS site, subject geographic zone (160 kms for single- to any operational constraints devel- dish radio observatories and Very oped in the coordination process. Large Array antenna systems and 50 (e) VMES licensees shall use Global kms for Very Long Baseline Array an- Positioning Satellite-related or other tenna systems) of the new RAS site similar position location technology to until the licensees complete coordina- ensure compliance with paragraphs (c) tion for the new RAS facility. Licens- and (d) of this section. ees shall notify the International Bu- [74 FR 57099, Nov. 4, 2009, as amended at 78 reau once they have completed coordi- FR 8429, Feb. 6, 2013; 78 FR 9604, Feb. 11, 2013; nation for the new RAS site and shall 79 FR 8324, Feb. 12, 2014; 81 FR 55345, Aug. 18, submit the coordination agreement to 2016]

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§ 25.227 Blanket licensing provisions items that shall be included in the ap- for ESAAs operating with GSO FSS plication for ESAA operations to dem- space stations in the 10.95–11.2 onstrate that these ongoing require- GHz, 11.45–11.7 GHz, 11.7–12.2 GHz, ments will be met. and 14.0–14.5 GHz bands. (1) The following requirements shall (a) The following ongoing require- apply to an ESAA that uses transmit- ments govern all ESAA licensees and ters with off-axis EIRP spectral-den- operations in the 10.95–11.2 GHz (space- sities lower than or equal to the levels to-Earth), 11.45–11.7 GHz (space-to- in paragraph (a)(1)(i) of this section. Earth), 11.7–12.2 GHz (space-to-Earth) ESAA licensees operating under this and 14.0–14.5 GHz (Earth-to-space) fre- section shall provide a detailed dem- quency bands receiving from and trans- onstration as described in paragraph mitting to geostationary orbit sat- (b)(1) of this section. The ESAA trans- ellites in the Fixed-Satellite Service. mitter also shall comply with the an- ESAA licensees shall comply with the tenna pointing and cessation of emis- requirements in either paragraph (a)(1), sion requirements in paragraphs (a)(2) or (a)(3) of this section and all of (a)(1)(ii) and (iii) of this section. the requirements set forth in para- (i)(A) EIRP spectral density emitted graphs (a)(4) through (a)(16) and para- in the plane tangent to the GSO arc, as graphs (c), (d), and (e) of this section. defined in § 25.103, must not exceed the Paragraph (b) of this section identifies following values:

15–25 log10q ...... dBW/4 kHz for 1.5° ≤ q ≤ 7°. ¥6 ...... dBW/4 kHz for 7° < q ≤ 9.2°. 18–25 log10q ...... dBW/4 kHz for 9.2° < q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

Where theta (q) is the angle in degrees 180°, and by up to 6 dB in the region of from a line from the earth station an- main reflector spillover energy. tenna to the assigned orbital location (B) The EIRP spectral density of co- of the target satellite. The EIRP den- polarized signals must not exceed the sity levels specified for q > 7° may be following values in the plane perpen- exceeded by up to 3 dB in up to 10% of dicular to the GSO arc, as defined in the range of theta (q) angles from ±7– § 25.103:

18–25 logq ...... dBW/4 kHz for 3.0° ≤ q ≤ 19.1°. ¥14 ...... dBW/4 kHz for 19.1° < q ≤ 180°.

Where q is as defined in paragraph the earth station to the target sat- (a)(1)(i)(A) of this section. These EIRP ellite. density levels may be exceeded by up (C) The off-axis EIRP spectral-den- to 6 dB in the region of main reflector sity of cross-polarized signals must not spillover energy and in up to 10% of the exceed the following values in the range of q angles not included in that plane tangent to the GSO arc or in the region, on each side of the line from plane perpendicular to the GSO arc:

5–25 log10q ...... dBW/4 kHz for 1.8° < q ≤ 7°.

Where q is as defined in paragraph (A) Each ESAA transmitter shall (a)(1)(i)(A) of this section. maintain a pointing error of less than (ii) Each ESAA transmitter shall or equal to 0.2° between the orbital lo- meet one of the following antenna cation of the target satellite and the pointing requirements:

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axis of the main lobe of the ESAA an- ating off-axis EIRP-density in excess of tenna; or the specifications supplied to the tar- (B) Each ESAA transmitter shall de- get satellite operator. clare a maximum antenna pointing (iii) A system with variable power error that may be greater than 0.2° pro- control of individual ESAA transmit- vided that the ESAA does not exceed ters must monitor the aggregate off- the off-axis EIRP spectral-density lim- axis EIRP density from simultaneously its in paragraph (a)(1)(i) of this section, transmitting ESAA transmitters at the taking into account the antenna point- system’s network control and moni- ing error. toring center. If simultaneous oper- (iii) Each ESAA transmitter shall ation of two or more ESAA transmit- meet one of the following cessation of ters causes aggregate off-axis EIRP emission requirements: density to exceed the off-axis EIRP (A) For ESAAs operating under para- density specifications supplied to the graph (a)(1)(ii)(A) of this section, all target satellite operator, the network emissions from the ESAA shall auto- control and monitoring center must matically cease within 100 milliseconds command those transmitters to cease if the angle between the orbital loca- emissions or reduce the aggregate tion of the target satellite and the axis EIRP density to a level at or below of the main lobe of the ESAA antenna those specifications, and the transmit- exceeds 0.5°, and transmission shall not ters must comply within 100 milli- resume until such angle is less than or seconds of receiving the command. equal to 0.2°, or (3) The following requirements apply (B) For ESAA transmitters operating to an ESAA system that uses variable under paragraph (a)(1)(ii)(B) of this sec- power-density control of individual tion, all emissions from the ESAA ESAA earth stations transmitting si- shall automatically cease within 100 multaneously in the same frequencies milliseconds if the angle between the to the same target satellite, unless the orbital location of the target satellite system operates pursuant to paragraph and the axis of the main lobe of the (a)(2) of this section. ESAA antenna exceeds the declared (i) Aggregate EIRP density from co- maximum antenna pointing error and frequency earth stations in each target shall not resume transmissions until satellite receiving beam, not resulting such angle is less than or equal to the from colliding data bursts transmitted declared maximum antenna pointing pursuant to a contention protocol, will error. not exceed the limits specified in para- (2) The following requirements apply graph (a)(1)(i) of this section. to ESAA systems that operate with off- (ii) Each ESAA transmitter must be axis EIRP spectral-densities in excess self-monitoring and capable of shutting of the levels in paragraph (a)(1)(i) or itself off and must cease or reduce (a)(3)(i) of this section under licenses emissions within 100 milliseconds after granted based on certifications filed generating off-axis EIRP density in ex- pursuant to paragraph (b)(2) of this sec- cess of the limit in paragraph (a)(3)(i) tion. of this section. (i) An ESAA or ESAA system li- (iii) A system with variable power censed based on certifications filed control of individual ESAA transmit- pursuant to paragraph (b)(2) of this sec- ters must monitor aggregate power tion must operate in accordance with density from simultaneously transmit- the off-axis EIRP density specifica- ting ESAA transmitters at the net- tions provided to the target satellite work control and monitoring center. If operator in order to obtain the certifi- simultaneous operation of two or more cations. transmitters causes aggregate off-axis (ii) Any ESAA transmitter operating EIRP density to exceed the off-axis under a license granted based on cer- EIRP density limit in paragraph tifications filed pursuant to paragraph (a)(3)(i) of this section, the network (b)(2) of this section must be self-moni- control and monitoring center must toring and capable of shutting itself off command those transmitters to cease and must cease or reduce emissions emissions or reduce the aggregate within 100 milliseconds after gener- EIRP density to a level at or below

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that limit, and those transmitters erenced patterns defined in paragraphs must comply within 100 milliseconds of (a) and (b) of section 25.209 and sta- receiving the command. tionary at the location at which any (4) An applicant filing to operate an interference occurred. ESAA terminal or system and planning (9) Each ESAA terminal shall auto- to use a contention protocol shall cer- matically cease transmitting within tify that its contention protocol use 100 milliseconds upon loss of reception will be reasonable. of the satellite downlink signal or (5) There shall be a point of contact when it detects that unintended sat- in the United States, with phone num- ellite tracking has happened or is ber and address, available 24 hours a about to happen. day, seven days a week, with authority (10) Each ESAA terminal should be and ability to cease all emissions from subject to the monitoring and control the ESAA. by an NCMC or equivalent facility. (6) For each ESAA transmitter, a Each terminal must be able to receive record of the vehicle location (i.e., lati- at least ‘‘enable transmission’’ and tude/longitude/altitude), transmit fre- ‘‘disable transmission’’ commands from quency, channel bandwidth and sat- the NCMC and must automatically ellite used shall be time annotated and cease transmissions immediately on re- maintained for a period of not less than ceiving any ‘‘parameter change com- one year. Records shall be recorded at mand,’’ which may cause harmful in- time intervals no greater than one (1) terference during the change, until it minute while the ESAA is transmit- receives an ‘‘enable transmission’’ ting. The ESAA operator shall make command from its NCMC. In addition, this data available, in the form of a the NCMC must be able to monitor the comma delimited electronic spread- operation of an ESAA terminal to de- sheet, within 24 hours of a request from termine if it is malfunctioning. the Commission, NTIA, or a frequency (11) Each ESAA terminal shall be coordinator for purposes of resolving self-monitoring and, should a fault harmful interference events. A descrip- which can cause harmful interference tion of the units (i.e., degrees, minutes, to FSS networks be detected, the ter- MHz * * *.) in which the records values minal must automatically cease trans- are recorded will be supplied along missions. with the records. (12) Unless otherwise stated all ESAA (7) In the 10.95–11.2 GHz (space-to- system that comply with the off-axis Earth) and 11.45–11.7 GHz (space-to- EIRP spectral-density limits in para- Earth) frequency bands ESAAs shall graph (a)(1)(i) of this section may re- not claim protection from interference quest Permitted List authority. from any authorized terrestrial sta- (13) ESAA providers operating in the tions to which frequencies are either international airspace within line-of- already assigned, or may be assigned in sight of the territory of a foreign ad- the future. ministration where fixed service net- (8) An ESAA terminal receiving in works have primary allocation in this the 11.7–12.2 GHz (space-to-Earth) band, the maximum power flux density bands shall receive protection from in- (pfd) produced at the surface of the terference caused by space stations Earth by emissions from a single air- other than the target space station craft carrying an ESAA terminal only to the degree to which harmful in- should not exceed the following values terference would not be expected to be unless the foreign Administration has caused to an earth station employing imposed other conditions for pro- an antenna conforming to the ref- tecting its fixed service stations:

-132 + 0.5 · q ...... dB(W/(m2 · MHz)) ...... For ..... q ≤40° -112 ...... dB(W/(m2 · MHz)) ...... For ..... 40°

Where: q is the angle of arrival of the the horizontal) and the aforementioned radio-frequency wave (degrees above limits relate to the pfd and angles of

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arrival would be obtained under free- graph (a)(1) of this section must pro- space propagation conditions. vide the information required by (14) All ESAA terminals operated in § 25.115(g)(1). An applicant proposing to U.S. airspace, whether on U.S.-reg- implement a transmitter under para- istered civil aircraft or non-U.S.-reg- graph (a)(1)(ii)(A) of this section must istered civil aircraft, must be licensed also provide the certifications identi- by the Commission. All ESAA termi- fied in paragraph (b)(1)(iii) of this sec- nals on U.S.-registered civil aircraft tion. An applicant proposing to imple- operating outside of U.S. airspace must ment a transmitter under paragraph be licensed by the Commission, except (a)(1)(ii)(B) of this section must also as provided by section 303(t) of the provide the demonstrations identified Communications Act. in paragraph (b)(1)(iv) of this section. (15) For ESAA systems operating (i)–(ii) [Reserved] over international waters, ESAA oper- (iii) An ESAA applicant proposing to ators will certify that their target implement a transmitter under para- space station operators have confirmed graph (a)(1)(ii)(A) of this section shall: that proposed ESAA operations are (A) Demonstrate that the total within coordinated parameters for ad- tracking error budget of their antenna jacent satellites up to 6 degrees away is within 0.2° or less between the or- on the geostationary arc. bital location of the target satellite (16) Prior to operations within the and the axis of the main lobe of the foreign nation’s airspace, the ESAA op- ESAA antenna. As part of the engi- erator will ascertain whether the rel- neering analysis, the ESAA applicant evant administration has operations must show that the antenna pointing that could be affected by ESAA termi- error is within three sigma (,) from the nals, and will determine whether that mean value, i.e., that there is a 0.997 administration has adopted specific re- probability the antenna maintains a quirements concerning ESAA oper- pointing error within 0.2°; and ations. When the aircraft enters for- (B) Demonstrate that the antenna eign airspace, the ESAA terminal tracking system is capable of ceasing would be required to operate under the emissions within 100 milliseconds if the Commission’s rules, or those of the for- angle between the orbital location of eign administration, whichever is more the target satellite and the axis of the constraining. To the extent that all main lobe of the ESAA antenna ex- relevant administrations have identi- ceeds 0.5°. fied geographic areas from which ESAA (iv) An ESAA applicant proposing to operations would not affect their radio implement a transmitter under para- operations, ESAA operators would be graph (a)(1)(ii)(B) of this section shall: free to operate within those identified (A) Declare, in its application, a areas without further action. To the maximum antenna pointing error and extent that the foreign administration demonstrate that the maximum an- has not adopted requirements regard- tenna pointing error can be achieved ing ESAA operations, ESAA operators without exceeding the off-axis EIRP would be required to coordinate their spectral-density limits in paragraph operations with any potentially af- (a)(1)(i) of this section; and fected operations. (B) Demonstrate that the ESAA (b) Applications for ESAA operation transmitter can detect if the trans- in the 14.0–14.5 GHz (Earth-to-space) mitter exceeds the declared maximum band to GSO satellites in the FSS shall antenna pointing error and can cease include, in addition to the particulars transmission within 100 milliseconds if of operation identified on FCC Form the angle between the orbital location 312, and associated Schedule B, the ap- of the target satellite and the axis of plicable technical demonstrations in the main lobe of the ESAA antenna ex- paragraphs (b)(1), (b)(2), or (b)(3), and ceeds the declared maximum antenna the documentation identified in para- pointing error, and will not resume graphs (b)(4) through (b)(8) of this sec- transmissions until the angle between tion. the orbital location of the target sat- (1) An ESAA applicant proposing to ellite and the axis of the main lobe of implement a transmitter under para- the ESAA antenna is less than or equal

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to the declared maximum antenna network control and monitoring cen- pointing error. ter; that if simultaneous operation of (2) An ESAA applicant proposing to two or more transmitters in the ESAA operate with off-axis EIRP density in network causes aggregate off-axis excess of the levels in paragraph EIRP density to exceed the off-axis (a)(1)(i) or (a)(3)(i) of this section must density limit in paragraph (a)(3)(i) of provide the following in exhibits to its this section, the network control and earth station application: monitoring center will command those (i) Off-axis EIRP density data pursu- transmitters to cease emissions or re- ant to § 25.115(g)(1); duce the aggregate EIRP density to a (ii) The certifications required by level at or below that limit; and that § 25.220(d); and those transmitters will comply within (iii) A detailed showing that each 100 milliseconds of receiving the com- ESAA transmitter in the system will mand. automatically cease or reduce emis- (4) There shall be an exhibit included sions within 100 milliseconds after generating EIRP density exceeding speci- with the application describing the ge- fications provided to the target sat- ographic area(s) in which the ESAA ellite operator; and will operate. (iv) A detailed showing that the ag- (5) Any ESAA applicant filing for an gregate power density from simulta- ESAA terminal or system and planning neously transmitting ESAA transmit- to use a contention protocol shall in- ters will be monitored at the system’s clude in its application a certification network control and monitoring cen- that will comply with the requirements ter; that if simultaneous operation of of paragraph (a)(4) of this section. two or more ESAA transmitters causes (6) The point of contact referred to in the aggregate off-axis EIRP density to paragraph (a)(5) of this section shall be exceed the off-axis EIRP density speci- included in the application. fications supplied to the target sat- (7) Any ESAA applicant filing for an ellite operator, the network control ESAA terminal or system shall include and monitoring center will command in its application a certification that those transmitters to cease emissions will comply with the requirements of or reduce the aggregate EIRP density paragraphs (a)(6), (a)(9), (a)(10), and to a level at or below those specifica- (a)(11) of this section. tions; and that those transmitters will (8) All ESAA applicants shall submit comply within 100 milliseconds of re- a radio frequency hazard analysis de- ceiving the command. termining via calculation, simulation, (3) An applicant proposing to imple- or field measurement whether ESAA ment an ESAA system subject to para- terminals, or classes of terminals, will graph (a)(3) of this section must pro- produce power densities that will ex- vide the following information in exhibits to its earth station application: ceed the Commission’s radio frequency (i) Off-axis EIRP density data pursu- exposure criteria. ESAA applicants ant to § 25.115(g)(1); with ESAA terminals that will exceed (ii) A detailed showing of the meas- the guidelines in § 1.1310 of this chapter ures that will be employed to maintain for radio frequency radiation exposure aggregate EIRP density at or below the shall provide, with their environmental limit in paragraph (a)(3)(i) of this sec- assessment, a plan for mitigation of ration; diation exposure to the extent required (iii) A detailed showing that each to meet those guidelines. All ESAA li- ESAA terminal will automatically censees shall ensure installation of cease or reduce emissions within 100 ESAA terminals on aircraft by quali- milliseconds after generating off-axis fied installers who have an under- EIRP density exceeding the limit in standing of the antenna’s radiation en- paragraph (a)(3)(i) of this section; and vironment and the measures best suit- (iv) A detailed showing that the aged to maximize protection of the gen- gregate power density from simulta- eral public and persons operating the neously transmitting ESAA transmit- vehicle and equipment. An ESAA ter- ters will be monitored at the system’s minal exhibiting radiation exposure

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levels exceeding 1.0 mW/cm2 in acces- subject to any operational constraints sible areas, such as at the exterior sur- developed in the coordination process. face of the radome, shall have a label (d)(1) Operations of ESAA in the attached to the surface of the terminal 14.47–14.5 GHz (Earth-to-space) fre- warning about the radiation hazard quency band in the radio line-of-sight and shall include thereon a diagram of radio astronomy service (RAS) ob- showing the regions around the ter- servatories observing in the 14.47–14.5 minal where the radiation levels could GHz band are subject to coordination 2 exceed 1.0 mW/cm . with the National Science Foundation (c)(1) Operations of ESAAs in the (NSF). The appropriate NSF contact 14.0–14.2 GHz (Earth-to-space) fre- point to initiate coordination is Elec- quency band in the radio line-of-sight tromagnetic Spectrum Manager, NSF, of the NASA TDRSS facilities on Guam (latitude 13°36′55″ N, longitude 144°51′22″ 4201 Wilson Blvd., Suite 1045, Arlington E) or White Sands, New Mexico (lati- VA 22203, fax 703–292–9034, email tude 32°20′59″ N, longitude 106°36′31″ W [email protected]. Licensees shall notify the and latitude 32°32′40″ N, longitude International Bureau once they have 106°36′48″ W) are subject to coordination completed coordination. Upon receipt with the National Aeronautics and of the coordination agreement from a Space Administration (NASA) through licensee, the International Bureau will the National Telecommunications and issue a public notice stating that the Information Administration (NTIA) licensee may commence operations Interdepartment Radio Advisory Com- within the coordination zone in 30 days mittee (IRAC). Licensees shall notify if no party has opposed the operations. the International Bureau once they (2) A list of applicable RAS sites and have completed coordination. Upon re- their locations can be found in ceipt of such notification from a li- § 25.226(d)(2) Table 1. censee, the International Bureau will (3) When NTIA seeks to provide simi- issue a public notice stating that the lar protection to future RAS sites that licensee may commence operations have been coordinated through the within the coordination zone in 30 days IRAC Frequency Assignment Sub- if no party has opposed the operations. committee process, NTIA will notify (2) When NTIA seeks to provide simi- the Commission’s International Bureau lar protection to future TDRSS sites that the site is nearing operational sta- that have been coordinated through the IRAC Frequency Assignment Sub- tus. Upon public notice from the Inter- committee process, NTIA will notify national Bureau, all Ku-band ESAA li- the Commission’s International Bureau censees shall cease operations in the that the site is nearing operational sta- 14.47–14.5 GHz band within the relevant tus. Upon public notice from the Inter- geographic zone of the new RAS site national Bureau, all Ku-band ESAA li- until the licensees complete coordina- censees shall cease operations in the tion for the new RAS facility. Licens- 14.0–14.2 GHz band within radio line-of- ees shall notify the International Bu- sight of the new TDRSS site until the reau once they have completed coordi- licensees complete coordination with nation for the new RAS site and shall NTIA/IRAC for the new TDRSS facil- submit the coordination agreement to ity. Licensees shall notify the Inter- the Commission. Upon receipt of such national Bureau once they have com- notification from a licensee, the Inter- pleted coordination for the new TDRSS national Bureau will issue a public no- site. Upon receipt of such notification tice stating that the licensee may com- from a licensee, the International Bu- mence operations within the coordina- reau will issue a public notice stating tion zone in 30 days if no party has op- that the licensee may commence oper- posed the operations. The ESAA li- ations within the coordination zone in censee then will be permitted to com- 30 days if no party has opposed the op- mence operations in the 14.47–14.5 GHz erations. The ESAA licensee then will band within the relevant coordination be permitted to commence operations in the 14.0–14.2 GHz band within radio line-of-sight of the new TDRSS site,

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distance around the new RAS site, sub- § 25.252 [Reserved] ject to any operational constraints developed in the coordination process. § 25.253 Special requirements for ancillary terrestrial components oper- [78 FR 14927, Mar. 8, 2013, as amended at 79 ating in the 1626.5–1660.5 MHz/ FR 8324, Feb. 12, 2014; 79 FR 26868, May 12, 1525–1559 MHz bands. 2014; 81 FR 55347, Aug. 18, 2016] (a) An ancillary terrestrial compo- §§ 25.228–25.249 [Reserved] nent in these bands shall: (1) In any band segment coordinated § 25.250 Sharing between NGSO MSS for the exclusive use of an MSS appli- Feeder links Earth Stations in the cant within the land area of the U.S., 19.3–19.7 GHz and 29.1–29.5 GHz where there is no other L-Band MSS Bands. satellite making use of that band seg- (a) NGSO MSS applicants shall be li- ment within the visible portion of the censed to operate in the 29.1–29.5 GHz geostationary arc as seen from the band for Earth-to-space transmissions ATC coverage area, the ATC system and 19.3–19.7 GHz for space-to-Earth will be limited by the in-band and out- transmissions from feeder link earth of-band emission limitations contained station complexes. A ‘‘feeder link earth in this section and the requirement to station complex’’ may include up to maintain a substantial MSS service. three (3) earth station groups, with (2) In any band segment that is co- each earth station group having up to ordinated for the shared use of the ap- four (4) antennas, located within a ra- plicant’s MSS system and another MSS dius of 75 km of a given set of geo- operator, where the coordination agreement existed prior to February 10, graphic coordinates provided by NGSO- 2005 and permits a level of interference MSS licensees or applicants. to the other MSS system of less than (b) Licensees of NGSO MSS feeder 6% DT/T, the applicant’s combined ATC link earth stations separated by 800 km and MSS operations shall increase the or less are required to coordinate their system noise level of the other MSS to operations, see § 25.203. The results of no more then 6% DT/T. Any future co- the coordination shall be reported to ordination agreement between the par- the Commission. ties governing ATC operation will su- [61 FR 44181, Aug. 28, 1996] persede this paragraph. (3) In any band segment that is co- § 25.251 Special requirements for coordinated for the shared use of the ap- ordination. plicant’s MSS system and another MSS (a) The administrative aspects of the operator, where a coordination agree- coordination process are set forth in ment existed prior to February 10, 2005 § 101.103 of this chapter in the case of and permits a level of interference to the other MSS system of 6% T/T or coordination of terrestrial stations D greater, the applicant’s ATC operations with earth stations, and in § 25.203 in may increase the system noise level of the case of coordination of earth sta- the other MSS system by no more than tions with terrestrial stations. an additional 1% DT/T. Any future co- (b) The technical aspects of coordina- ordination agreement between the par- tion are based on Appendix 7 of the ties governing ATC operations will su- International Telecommunication persede this paragraph. Union Radio Regulations and certain (4) In a band segment in which the recommendations of the ITU applicant has no rights under a coordi- Radiocommunication Sector (available nation agreement, the applicant may at the address in § 0.445 of this chapter). not implement ATC in that band. [66 FR 10630, Feb. 16, 2001, as amended at 78 (b) ATC base stations shall not ex- FR 8430, Feb. 6, 2013] ceed an out-of-channel emissions measurement of ¥57.9 dBW/MHz at the edge of a MSS licensee’s authorized and internationally coordinated MSS frequency assignment.

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(c) An applicant for an ancillary ter- stand areas, including takeoff and restrial component in these bands landing paths from all carriers oper- shall: ating in the 1525–1559 MHz frequency (1) Demonstrate, at the time of appli- bands. The total power flux density cation, how its ATC network will com- here is the sum of all power flux den- ply with the requirements of footnotes sity values associated with all carriers US308 and US315 to the table of fre- in a sector in the 1525–1559 MHz frequency allocations contained in § 2.106 quency band, expressed in dB(Watts/m2/ of this chapter regarding priority and 200 kHz). Free-space loss must be as- preemptive access to the L-band MSS sumed if this requirement is dem- spectrum by the aeronautical mobile- onstrated via calculation; satellite en-route service (AMS(R)S) (6) Exceed a total power flux density and the global maritime distress and level of ¥56.6 dBW/ m2/200 kHz at the safety system (GMDSS). water’s edge of any navigable water- (2) Coordinate with the terrestrial way from all carriers operating in the CMRS operators prior to initiating 1525–1541.5 MHz and 1547.5–1559 MHz fre- ATC transmissions when co-locating quency bands. The total power flux ATC base stations with terrestrial density here is the sum of all power commercial mobile radio service flux density values associated with all (CMRS) base stations that make use of carriers in a sector in the 1525–1541.5 Global Positioning System (GPS) time- MHz and 1547.5–1559 MHz frequency based receivers. bands, expressed in dB(Watts/m2/200 (3) Provide, at the time of applica- kHz). Free-space loss must be assumed tion, calculations that demonstrate the if this requirement is demonstrated via ATC system conforms to the DT/T re- calculation; quirements in paragraphs (a)(2) and (7) Exceed a total power flux density (a)(3) of this section, if a coordination level of ¥64.6 dBW/ m2/200 kHz at the agreement that incorporates the ATC water’s edge of any navigable water- operations does not exist with other way from all carriers operating in the MSS operators. 1541.5–1547.5 MHz frequency band. The (d) Applicants for an ancillary terres- total power flux density here is the trial component in these bands must sum of all power flux density values as- demonstrate that ATC base stations sociated with all carriers in a sector in shall not: the 1541.5–1547.5 MHz frequency band, (1) Exceed a peak EIRP of 31.9–10*log expressed in dB(Watts/m2/200 kHz). (number of carriers) dBW/200kHz, per Free-space loss must be assumed if this sector, for each carrier in the 1525– requirement is demonstrated via cal- 1541.5 MHz and 1547.5–1559 MHz fre- culation; quency bands; (8) Exceed a peak antenna gain of 16 (2) Exceed an EIRP in any direction dBi; toward the physical horizon (not to in- (9) Generate EIRP density, averaged clude man-made structures) of 26.9– over any two-millisecond active trans- 10*log (number of carriers) dBW/200 mission interval, greater than ¥70 kHz, per sector, for each carrier in the dBW/MHz in the 1559–1605 MHz band or 1525–1541.5 MHz and 1547.5–1559 MHz fre- greater than a level determined by lin- quency bands; ear interpolation in the 1605–1610 MHz (3) Exceed a peak EIRP of 23.9 band, from ¥70 dBW/MHz at 1605 MHz ¥10*log(number of carriers) dBW/200 to ¥46 dBW/MHz at 1610 MHz. The kHz, per sector, for each carrier in the EIRP, averaged over any two-milli- 1541.5–1547.5 MHz frequency band; second active transmission interval, of (4) Exceed an EIRP toward the phys- discrete out-of-band emissions of less ical horizon (not to include man-made than 700 Hz bandwidth from such base structures) of 18.9–10*log(number of stations shall not exceed ¥80 dBW in carriers) dBW/200 kHz, per sector, for the 1559–1605 MHz band or exceed a each carrier in the 1541.5–1547.5 MHz level determined by linear interpola- frequency band; tion in the 1605–1610 MHz band, from (5) Exceed a total power flux density ¥80 dBW at 1605 MHz to ¥56 dBW at level of ¥56.8 dBW/m2/200 kHz at the 1610 MHz. A root-mean-square detector edge of all airport runways and aircraft function with a resolution bandwidth

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of one megahertz or equivalent and no (e) Applicants for an ancillary terres- less video bandwidth shall be used to trial component in these bands must measure wideband EIRP density for demonstrate, at the time of the appli- purposes of this rule, and narrowband cation, that ATC base stations shall EIRP shall be measured with a root- use left-hand-circular polarization an- mean-square detector function with a tennas with a maximum gain of 16 dBi resolution bandwidth of one kilohertz and overhead gain suppression accord- or equivalent. ing to the following:

Angle from direction of maximum gain, in vertical plane, above antenna (degrees) Antenna discrimination pattern (dB)

0 ...... Gmax 5 ...... Not to Exceed Gmax ¥5 10 ...... Not to Exceed Gmax ¥19 15 to 55 ...... Not to Exceed Gmax ¥27 55 to 145 ...... Not to Exceed Gmax ¥30 145 to 180 ...... Not to Exceed Gmax ¥26

Where: Gmax is the maximum gain of nationally coordinated MSS frequency the base station antenna in dBi. assignment. (f) Prior to operation, ancillary ter- (2) Be operated in a fashion that restrial component licensees shall: takes all practicable steps to avoid (1) Provide the Commission with suf- causing interference to U.S. radio as- ficient information to complete coordi- tronomy service (RAS) observations in nation of ATC base stations with the 1660–1660.5 MHz band. Search-and-Rescue Satellite-Aided (3) Not generate EIRP density, aver- Tracking (SARSAT) earth stations op- aged over any two-millisecond active erating in the 1544–1545 MHz band for transmission interval, greater than ¥ any ATC base station located either 70 dBW/MHz in the 1559–1605 MHz within 27 km of a SARSAT station, or band or greater than a level deter- within radio horizon of the SARSAT mined by linear interpolation in the 1605–1610 MHz band, from ¥70 dBW/MHz station, whichever is less. at 1605 MHz to ¥46 dBW/MHz at 1610 (2) Take all practicable steps to avoid MHz. The EIRP, averaged over any locating ATC base stations within two-millisecond active transmission radio line of sight of Mobile Aero- interval, of discrete out-of-band emis- nautical Telemetry (MAT) receive sites sions of less than 700 Hz bandwidth in order to protect U.S. MAT systems from such mobile terminals shall not consistent with ITU–R Recommenda- exceed ¥80 dBW in the 1559–1605 MHz tion ITU–R M.1459. MSS ATC base sta- band or exceed a level determined by tions located within radio line of sight linear interpolation in the 1605–1610 of a MAT receiver must be coordinated MHz band, from ¥80 dBW at 1605 MHz with the Aerospace and Flight Test to ¥56 dBW at 1610 MHz. The EIRP Radio Coordinating Council (AFTRCC) density of carrier-off-state emissions for non-Government MAT receivers on from such mobile terminals shall not a case-by-case basis prior to operation. exceed ¥80 dBW/MHz in the 1559–1610 For government MAT receivers, the MHz band, averaged over a two-milli- MSS licensee shall supply sufficient in- second interval. A root-mean-square formation to the Commission to allow detector function with a resolution coordination to take place. A listing of bandwidth of one megahertz or equiva- current and planned MAT receiver sites lent and no less video bandwidth shall can be obtained from AFTRCC for non- be used to measure wideband EIRP Government sites and through the density for purposes of this rule, and FCC’s IRAC Liaison for Government narrowband EIRP shall be measured MAT receiver sites. with a root-mean-square detector func- (g) ATC mobile terminals shall: tion with a resolution bandwidth of one (1) Be limited to a peak EIRP level of kilohertz or equivalent. 0 dBW and an out-of-channel emissions (h) When implementing multiple base of ¥67 dBW/4 kHz at the edge of an stations and/or base stations using MSS licensee’s authorized and inter- multiple carriers, where any third-

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order intermodulation product of these in the 1559–1610 MHz band. A root- base stations falls on an L-band MSS mean-square detector function with a band coordinated for use by another resolution bandwidth of one megahertz MSS operator with rights to the co- or equivalent and no less video band- ordinated band, the MSS ATC licensee width shall be used to measure wide- must notify the MSS operator. The band EIRP density for purposes of this MSS operator may request coordina- rule, and narrowband EIRP shall be tion to modify the base station carrier measured with a root-mean-square de- frequencies, or to reduce the maximum tector function with a resolution band- base station EIRP on the frequencies width of one kilohertz or equivalent. contributing to the third-order inter- (b) An applicant for an ancillary ter- modulation products. The threshold for restrial component in these bands must this notification and coordination is demonstrate that mobile terminals when the sum of the calculated signal shall: levels received by an MSS receiver ex- (1) Meet the requirements contained ceeds ¥70 dBm. The MSS receiver used in § 25.213 to protect radio astronomy in these calculations can be assumed to service (RAS) observations in the have an antenna with 0 dBi gain. Free- 1610.6–1613.8 MHz band from unaccept- space propagation between the base able interference; station antennas and the MSS termi- (2) Observe a peak EIRP limit of 1.0 nals can be assumed and actual signal dBW in 1.25 MHz; polarizations for the ATC signals and (3) Observe an out-of-channel EIRP the MSS system may be used. limit of ¥57.1 dBW/30 kHz at the edge [70 FR 19319, Apr. 13, 2005] of the licensed MSS frequency assignment. § 25.254 Special requirements for an- (4) ATC mobile terminals operating cillary terrestrial components oper- in assigned frequencies in the 1610– ating in the 1610–1626.5 MHz/ 1626.5 MHz band shall not generate 2483.5–2500 MHz bands. EIRP density, averaged over any two- (a) An applicant for an ancillary ter- millisecond active transmission inter- restrial component in these bands must val, greater than ¥70 dBW/MHz in the demonstrate that ATC base stations 1559–1605 MHz band or greater than a shall: level determined by linear interpola- (1) Not exceed a peak EIRP of 32 dBW tion in the 1605–1610 MHz band, from in 1.25 MHz; ¥70 dBW/MHz at 1605 MHz to ¥10 dBW/ (2) Not cause unacceptable inter- MHz at 1610 MHz. The EIRP, averaged ference to systems identified in para- over any two-millisecond active trans- graph (c) of this section and, in any mission interval, of discrete out-of- case, shall not exceed out-of-channel band emissions of less than 700 Hz emissions of ¥44.1 dBW/30 kHz at the bandwidth from such mobile terminals edge of the MSS licensee’s authorized shall not exceed ¥80 dBW in the 1559– frequency assignment; 1605 MHz band or exceed a level deter- (3) At the time of application, that it mined by linear interpolation in the has taken, or will take steps necessary 1605–1610 MHz band, from ¥80 dBW at to avoid causing interference to other 1605 MHz to ¥20 dBW at 1610 MHz. The services sharing the use of the 2450–2500 EIRP density of carrier-off-state emis- MHz band through frequency coordina- sions from such mobile terminals shall tion; and not exceed ¥80 dBW/MHz in the 1559– (4) Base stations operating in fre- 1610 MHz band, averaged over a two- quencies above 2483.5 MHz shall not millisecond interval. A root-mean- generate EIRP density, averaged over square detector function with a resolu- any two-millisecond active trans- tion bandwidth of one megahertz or mission interval, greater than ¥70 equivalent and no less video bandwidth dBW/MHz in the 1559–1610 MHz band. shall be used to measure wideband The EIRP, averaged over any two-mil- EIRP density for purposes of this rule, lisecond active transmission interval, and narrowband EIRP shall be meas- of discrete out-of-band emissions of ured with a root-mean-square detector less than 700 Hz bandwidth from such function with a resolution bandwidth base stations shall not exceed ¥80 dBW of one kilohertz or equivalent.

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(c) Applicants for an ancillary terres- (2) If a pre-existing BRS base station trial component to be used in conjunc- suffers harmful interference from emis- tion with a Mobile-Satellite Service sions caused by a new or modified ATC system using CDMA technology shall base station located 1.5 km or more coordinate the use of the 1.6/2.4 GHz away, within 24 hours of the receipt of Mobile-Satellite Service spectrum des- a documented interference complaint ignated for CDMA systems using the the ATC licensee must attenuate its framework established by the ITU in emissions by at least 67 + 10 log (P) dB Recommendation ITU–R M.1186 ‘‘Tech- measured at 3 megahertz above the nical Considerations for the Coordina- edge of the authorized ATC band, and tion Between Mobile Satellite Service shall immediately notify the com- (MSS) Networks Utilizing Code Divi- plaining licensee upon implementation sion Multiple Access (CDMA) and Other of the additional attenuation. Spread Spectrum Techniques in the 1– (3) If a pre-existing BRS base station 3 GHz Band’’ (1995). Recommendation suffers harmful interference from emis- ITU-R M.1186 is incorporated by ref- sions caused by a new or modified ATC erence. The Director of the Federal base station located less than 1.5 km Register approves this incorporation away, within 24 hours of the receipt of by reference in accordance with 5 a documented interference complaint U.S.C. 552(a) and 1 CFR part 51. Copies the ATC licensee must attenuate its of this standard can be inspected at the emissions by at least 67 + 10 log (P) ¥20 Federal Communications Commission, log(Dkm/1.5) dB measured at 3 mega- 445 12th Street, SW., Washington, DC hertz above the edge of the authorized (Reference Information Center) or at ATC band, or if both base stations are the National Archives and Records Ad- co-located, limit its undesired signal ministration (NARA). For information level at the pre-existing BRS base sta- on the availability of this material at tion receiver(s) to no more than ¥107 NARA, call 202–741–6030, or go to: http:// dBm measured in a 5.5 megahertz band- www.archives.gov/federallregister/ width and shall immediately notify the codeloflfederallregulations/ complaining licensee upon such reduc- ibrllocations.html. The ITU-R Rec- tion in the undesired signal level. ommendations can also be purchased (4) If a new or modified BRS base sta- from the International Telecommuni- tion suffers harmful interference from cation Union (ITU), Place des Nations, emissions caused by a pre-existing ATC CH–1211 Geneva 20, Switzerland. base station located 1.5 km or more (d) To avoid interference to an adja- away, within 60 days of receipt of a cent channel licensee in the Broadband documented interference complaint the Radio Service (BRS), the power of any licensee of the ATC base station must ATC base station emission above 2495 attenuate its base station emissions by MHz shall be attenuated below the at least 67 + 10 log (P) dB measured at transmitter power (P) measured in 3 megahertz above the edge of the au- watts in accordance with the standards thorized ATC band. below. If these measures do not resolve (5) If a new or modified BRS base sta- a documented interference complaint tion suffers harmful interference from received from the adjacent channel emissions caused by a pre-existing ATC BRS licensee, the provisions of § 25.255 base station located less than 1.5 km shall apply. away, within 60 days of receipt of a (1) For base stations, the attenuation documented interference complaint: shall be not less than 43 + 10 log (P) dB (i) the ATC licensee must attenuate at the upper edge of the authorized its base station emissions by at least 67 ATC band, unless a documented inter- + 10 log (P) ¥20 log(Dkm/1.5) dB meas- ference complaint is received from an ured 3 megahertz above the edge of the adjacent channel licensee in the BRS. authorized ATC band, or Provided that a documented inter- (ii) if both base stations are co-lo- ference complaint cannot be mutually cated, the ATC licensee must limit its resolved between the parties, the fol- undesired signal level at the new or lowing additional attenuation require- modified BRS base station receiver(s) ments set forth in subsections (2)–(5) to no more than ¥107 dBm measured in shall apply: a 5.5 megahertz bandwidth.

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(6) Compliance with these rules is tition the Commission for a resolution based on the use of measurement in- of their claims. strumentation employing a resolution [68 FR 33653, June 5, 2003, as amended at 78 bandwidth of 1 MHz or greater. How- FR 8267, Feb. 5, 2013] ever, in the 1 MHz bands immediately above and adjacent to the 2495 MHz a § 25.256 Special Requirements for op- resolution bandwidth of at least one erations in the 3.65–3.7 GHz band. percent of the emission bandwidth of Upon request from a terrestrial li- the fundamental emission of the trans- censee authorized under subpart Z, mitter may be employed. A narrower part 90 that seeks to place base and resolution bandwidth is permitted in fixed stations in operation within 150 all cases to improve measurement accuracy, provided the measured power is km of a primary earth station, licens- integrated over the full required meas- ees of earth stations operating on a pri- urement bandwidth (i.e., 1 MHz or 1 mary basis in the Fixed-Satellite Serv- percent of emission bandwidth, as spec- ice in the 3.65–3.7 GHz band must nego- ified). The emission bandwidth is de- tiate in good faith with that terrestrial fined as the width of the signal be- licensee to arrive at mutually agree- tween two points, one below the carrier able operating parameters to prevent center frequency and one above the unacceptable interference. carrier center frequency, outside of [70 FR 24725, May 11, 2005, as amended at 78 which all emissions are attenuated at FR 8430, Feb. 6, 2013] least 26 dB below the transmitter power. When an emission outside of the § 25.257 Special requirements for authorized bandwidth causes harmful NGSO MSS operations in the 29.1– interference, the Commission may, at 29.25 GHz band regarding LMDS. its discretion, require greater attenu- (a) Non-geostationary Mobile-Sat- ation than specified in this section. ellite Service (NGSO MSS) operators shall be licensed to use the 29.1–29.25 NOTE TO § 25.254: The preceding rules of § 25.254 are based on cdma2000 and IS–95 sys- GHz band for Earth-to-space trans- tem architecture. To the extent that a 1.6/2.4 missions from feeder link earth station GHz Mobile-Satellite Service licensee is able complexes. A ‘‘feeder link earth station to demonstrate that the use of different sys- complex’’ may include up to three (3) tem architectures would produce no greater earth station groups, with each earth potential interference than would be pro- station group having up to four (4) an- duced as a result of implementing the rules tennas, located within a radius of 75 of this section, the licensee may apply for ATC authorization based on another system km of a given set of geographic coordi- architecture. nates provided by a NGSO MSS licensees or applicants pursuant to § 101.147. [68 FR 33653, June 5, 2003, as amended at 69 (b) A maximum of seven (7) feeder FR 18803, Apr. 9, 2004; 70 FR 19320, Apr. 13, 2005; 73 FR 25592, May 5, 2008; 78 FR 8430, Feb. link earth station complexes in the 6, 2013] contiguous United States, Alaska and Hawaii may be placed into operation, § 25.255 Procedures for resolving in the largest 100 MSAs, in the band harmful interference related to op- 29.1–29.25 GHz in accordance with eration of ancillary terrestrial com- § 25.203 and § 101.147 of this chapter. ponents operating in the 1.5/1.6 GHz (c) One of the NGSO MSS operators and 1.6/2.4 GHz bands. licensed to use the 29.1–29.25 GHz band If harmful interference is caused to may specify geographic coordinates for other services by ancillary MSS ATC a maximum of eight feeder link earth operations, either from ATC base sta- station complexes that transmit in the tions or mobile terminals, the MSS 29.1–29.25 GHz band. The other NGSO ATC operator must resolve any such MSS operator licensed to use the 29.1– interference. If the MSS ATC operator 29.25 GHz band may specify geographic claims to have resolved the inter- coordinates for a maximum of two ference and other operators claim that feeder link earth station complexes interference has not been resolved, that transmit in the 29.1–29.25 GHz then the parties to the dispute may pe- band.

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(d) Additional NGSO MSS operators that have been authorized for oper- may be licensed in this band if the ad- ation in that band. ditional NGSO MSS operator shows [67 FR 37336, May 29, 2002, as amended at 68 that its system can share with the ex- FR 16967, Apr. 8, 2003; 81 FR 55348, Aug. 18, isting NGSO MSS systems. 2016] (e) All NGSO MSS operators shall cooperate fully and make reasonable ef- § 25.259 Time sharing between NOAA forts to identify mutually acceptable meteorological satellite systems and locations for feeder link earth station non-voice, non-geostationary sat- complexes. In this regard, any single ellite systems in the 137–138 MHz band. NGSO MSS operator may identify only one feeder-link earth station complex (a) The space stations of a non-voice, protection zone in each category iden- non-geostationary Mobile-Satellite tified in § 101.147(y)(2) of this chapter Service (NVNG MSS) system time- until the other NGSO MSS operator sharing downlink spectrum in the 137– has been given an opportunity to select 138 MHz band with National Oceanic a location from the same category. and Atmospheric Administration (NOAA) satellites shall not transmit [61 FR 44181, Aug. 28, 1996, as amended at 78 signals into the ‘‘protection areas’’ of FR 8430, Feb. 6, 2013; 81 FR 55348, Aug. 18, the NOAA satellites. 2016] (1) With respect to transmission in the 137.333–137.367 MHz, 137.485–137.515 § 25.258 Sharing between NGSO MSS feeder-link stations and GSO FSS MHz, 137.605–137.635 MHz, and 137.753– services in the 29.25–29.5 GHz band. 137.787 MHz bands, the protection area for a NOAA satellite is the area on the (a) Operators of NGSO MSS feeder Earth’s surface in which the NOAA sat- link earth stations and GSO FSS earth ellite is in line of sight from the stations in the band 29.25 to 29.5 GHz ground at an elevation angle of five de- where both services have a co-primary grees or more above the horizon. No allocation shall cooperate fully in NVNG MSS satellite shall transmit in order to coordinate their systems. Dur- these bands when it is in line of sight ing the coordination process both serv- at an elevation angle of zero degrees or ice operators shall exchange the nec- more from any point on the ground essary technical parameters required within a NOAA satellite’s protected for coordination. area for that band. (b) Licensed GSO FSS earth stations (2) With respect to transmission in in the vicinity of operational NGSO the 137.025–137.175 MHz and 137.825–138 MSS feeder-link earth station com- MHz bands, the protection area for a plexes must, to the maximum extent NOAA satellite is the area on the possible, operate with frequency/polar- Earth’s surface in which the NOAA sat- ization selections that will minimize ellite is in line of sight from the unacceptable interference with recep- ground at any elevation angle above tion of GSO FSS and NGSO MSS zero degrees. No NVNG MSS satellite uplink transmissions in the 29.25–29.5 shall transmit in these bands when at a GHz band. Earth station licensees oper- line-of-sight elevation angle of zero de- ating with GSO FSS systems shall be grees or more from any point on the capable of providing earth station loca- ground within a NOAA satellite’s pro- tions to support coordination of NGSO tected area for that band. In addition, MSS feeder link stations under para- such an NVNG MSS satellite shall graphs (a) and (c) of this section. Oper- cease transmitting when it is at an ele- ation of ubiquitously deployed GSO vation angle of less than zero degrees FSS earth stations in the 29.25–29.5 GHz from any such point, if reasonably nec- frequency band shall conform to the essary to protect reception of the rules contained in § 25.138. NOAA satellite’s signal. (c) Applicants for authority to use (3) An NVNG MSS licensee is respon- the 29.25–29.5 GHz band for NGSO MSS sible for obtaining the ephemeris data feeder uplinks will have to dem- necessary for compliance with these re- onstrate that their systems can share strictions. The ephemeris information with GSO FSS and NGSO MSS systems must be updated system-wide on at

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least a weekly basis. For calculation § 25.260 Time sharing between DoD required for compliance with these re- meteorological satellite systems and strictions an NVNG MSS licensee shall non-voice, non-geostationary sat- use an orbital propagator algorithm ellite systems in the 400.15–401 MHz with an accuracy equal to or greater band. than the NORAD propagator used by (a) The space stations of a non-voice, NOAA. non-geostationary Mobile-Satellite (b) An NVNG licensee time sharing Service (NVNG MSS) system time- spectrum in the 137–138 MHz band must sharing downlink spectrum in the establish a 24-hour per day contact per- 400.15–401.0 MHz band with Department son and telephone number so that of Defense (DoD) satellites shall not claims of harmful interference into transmit signals into the ‘‘protection NOAA earth stations and other oper- areas’’ of the DoD satellites. ational issues can be reported and re- (1) The protection area for such a solved expeditiously. This contact in- DoD satellite is the area on the Earth’s formation must be made available to surface in which the DoD satellite is in NOAA or its designee. If the NTIA noti- line of sight from the ground at an elevation angle of five degrees or more fies the Commission that NOAA is re- above the horizon. ceiving unacceptable interference from a NVNG licensee, the Commission will (2) An NVNG MSS space station shall not transmit in the 400.15–401 MHz band require such NVNG licensee to termi- when at a line-of-sight elevation angle nate its interfering operations imme- of zero degrees or more from any point diately unless it demonstrates to the on the ground within the protected Commission’s reasonable satisfaction, area of a DoD satellite operating in and that of NTIA, that it is not respon- that band. sible for causing harmful interference (3) An NVNG MSS licensee is respon- into the worldwide NOAA system. An sible for obtaining the ephemeris data NVNG licensee assumes the risk of any necessary for compliance with this reliability or damage that it and its di- striction. The ephemeris information rectors, officers, employees, affiliates, must be updated system-wide at least agents and subcontractors may incur once per week. For calculation re- or suffer in connection with an inter- quired for compliance with this restric- ruption of its Mobile-Satellite Service, tion an NVNG MSS licensee shall use in whole or in part, arising from or re- an orbital propagator algorithm with lating to its compliance or noncompli- an accuracy equal to or greater than ance with the requirements of this the NORAD propagator used by DoD. paragraph. (b) An NVNG licensee time sharing (c) Each satellite in a NVNG licens- spectrum in the 400.15–401 MHz band ee’s system time-sharing spectrum must establish a 24-hour per day con- with NOAA in the 137–138 MHz band tact person and telephone number so shall automatically turn off and cease that claims of harmful interference satellite transmissions if, after 72 con- into DoD earth stations and other secutive hours, no reset signal is re- operational issues can be reported and ceived from the NVNG licensee’s gate- resolved expeditiously. This contact in- way earth station and verified by the formation must be made available to satellite. All satellites in such NVNG DoD or its designee. If the NTIA noti- licensee’s system shall be capable of in- fies the Commission that DoD is re- stantaneous shutdown on any sub-band ceiving unacceptable interference from upon command from such NVNG li- a NVNG licensee, the Commission will censee’s gateway earth station. require such NVNG licensee to terminate its interfering operations imme- [62 FR 59296, Nov. 3, 1997, as amended at 78 diately unless it demonstrates to the FR 8430, Feb. 6, 2013; 79 FR 8324, Feb. 12, 2014] Commission’s reasonable satisfaction, and that of NTIA, that it is not responsible for causing harmful interference into the worldwide DoD system. A NVNG licensee assumes the risk of any

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liability or damage that it and its di- that it is capable of implementing a rectors, officers, employees, affiliates, DoD required frequency change in ac- agents and subcontractors may incur cordance with a demonstration plan es- or suffer in connection with an inter- tablished by DoD and the NVNG li- ruption of its Mobile-Satellite Service, censee, upon the Commission’s receipt in whole or in part, arising from or re- of a written notification from NTIA de- lating to its compliance or noncompli- scribing such failure, the Commission ance with the requirements of this shall impose additional conditions or paragraph. requirements on the NVNG licensee’s (c) Each satellite in a NVNG licens- authorization as may be necessary to ee’s system time-sharing spectrum protect DoD operations in the 400.15–401 with DoD in the 400.15–401 MHz band MHz downlink band until the Commis- shall automatically turn off and cease sion is notified by NTIA that the satellite transmissions if, after 72 con- NVNG licensee has successfully dem- secutive hours, no reset signal is re- onstrated its ability to implement a ceived from the NVNG licensee’s gate- DoD required frequency change. Such way earth station and verified by the additional conditions or requirements satellite. All satellites in such NVNG may include, but are not limited to, re- licensee’s system shall be capable of inquiring such NVNG licensee imme- stantaneous shutdown on any sub-band diately to terminate its operations upon command from such NVNG li- interfering with the DoD system. censee’s gateway earth station. [62 FR 59296, Nov. 3, 1997, as amended at 78 (d) Initially, a NVNG licensee time- FR 8430, Feb. 6, 2013; 79 FR 8325, Feb. 12, 2014] sharing spectrum with DoD in the 400.15–401 MHz band shall be able to § 25.261 Procedures for avoidance of change the frequency on which its sys- in-line interference events for Non tem satellites are operating within 125 Geostationary Satellite Orbit minutes of receiving notification from (NGSO) Satellite Network Oper- a DoD required frequency change in the ations in the Fixed-Satellite Service 400.15–401 MHz band. Thereafter, when a (FSS) Bands. NVNG licensee constructs additional (a) Applicable NGSO FSS Bands. The gateway earth stations located outside coordination procedures in this section of North and South America, it shall apply to non-Federal-Government use its best efforts to decrease to 90 NGSO FSS satellite networks oper- minutes the time required to imple- ating in the following assigned fre- ment a DoD required frequency change. quency bands: The 28.6–29.1 GHz or 18.8– A NVNG licensee promptly shall notify 19.3 GHz frequency bands. the Commission and NTIA of any de- (b) Definition of ‘‘In-line interference crease in the time it requires to imple- events.’’ For purposes of this section, ment a DoD required frequency change. an ‘‘in-line interference event’’ is de- (e) Once a NVNG licensee time-shar- fined as the interference associated ing spectrum with DoD in the 400.15–401 with an occurrence of any physical MHz band demonstrates to DoD that it alignment of space stations of two or is capable of implementing a DoD re- more satellite networks with an oper- quired frequency change within the ating Earth station of one of these net- time required under paragraph (d) of works in such a way that the angular this section, thereafter, such NVNG li- separation between operational links of censee shall demonstrate its capability the two networks is less than 10° as to implement a DoD required frequency measured at the Earth station. change only once per year at the in- (c) Default procedure. If no agreed co- struction of DoD. Such demonstrations ordination exists between two or more shall occur during off-peak hours, as satellite networks, then the bands will determined by the NVNG licensee, un- be divided among the affected satellite less otherwise agreed by the NVNG li- networks involved in an in-line inter- censee and DoD. Such NVNG licensee ference event in accordance with the will coordinate with DoD in estab- following procedure: lishing a plan for such a demonstra- (1) Each of n (number of) satellite tion. In the event that a NVNG li- networks involved in a particular in- censee fails to demonstrate to DoD line interference event shall select 1/n

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of the assigned spectrum available in § 25.208(c) and (w) of this part, without each frequency band for its home base coordinating its power flux density lev- spectrum. The selection order for each els with adjacent licensed or permitted satellite network shall be determined operators, only if there is no licensed by and be in accordance with the date 17/24 GHz BSS space station or prior- that the first space station in each sat- filed application at a location less than ellite network is launched and oper- four degrees from the offset orbital lo- ating; cation at which the applicant proposes (2) The affected space station(s) of to operate. the respective satellite networks shall (c)(1) Notwithstanding the provisions only operate in the selected (1/n) spec- of this section, licensees and permit- trum associated with its satellite net- tees will be allowed to apply for a li- work, its home base spectrum, for the cense or authorization for a replace- duration of the in-line interference ment satellite that will be operated at event; the same power level and interference (3) All affected space station(s) may protection as the satellite to be re- resume operations throughout the as- placed. signed frequency bands once the angu- (2) In addition, applicants for licenses lar separation between the affected or authority for a satellite to be oper- space stations in the in-line inter- ated at an orbit location that was ference event is again greater than 10°. made available after a previous 17/24 (d) Coordination procedure. Any co- GHz BSS license was cancelled or sur- ordination procedure agreed among the rendered will be permitted to apply for affected operating satellite networks, authority to operate a satellite at the which allows operations of the satellite same power level and interference pro- networks when each network’s respec- tection as the previous licensee at that tive space stations are within the 10 de- orbit location, to the extent that their gree avoidance angle associated with proposed operations are consistent an in-line interference event, shall su- with the provisions of this part. Such persede the default procedure of para- applications will be considered pursu- graph (c) of this section. Coordination ant to the first-come, first-served pro- may be effected using information re- cedures set forth in § 25.158 of this part. lating to the space stations and the pa- (d) Any U.S. licensee or permittee rameters of one or more typical earth using a 17/24 GHz BSS space station stations. All parties are required to co- that is located less than four degrees ordinate in good faith. away from a prior-authorized 17/24 GHz [68 FR 59129, Oct. 14, 2003, as amended at 78 BSS space station that is authorized to FR 8430, Feb. 6, 2013] operate in accordance with paragraph (b) of this section: § 25.262 Licensing and domestic co- (1) may not cause any more inter- ordination requirements for 17/24 ference to the adjacent satellite net- GHz BSS space stations. work than would be caused if the adja- (a) Except as described in paragraphs cent 17/24 GHz BSS space station were (b), (c) or (e) of this section, applicants located four degrees away from the seeking to operate a space station in proposed space station; and the 17/24 GHz BSS must locate that (2) must accept any increased inter- space station at one of the orbital posi- ference that results from the adjacent tions described in Appendix F of the space station network operating at the Report and Order adopted May 2, 2007, offset orbital location less than four IB Docket No. 06–123, FCC 07–76. degrees away. (b) An applicant may be authorized (e) Any 17/24 GHz BSS U.S. licensee to operate a 17/24 GHz BSS space sta- or permittee that is required to provide tion at an orbital location described in information in its application pursuant Appendix F as set forth in paragraph to § 25.140(b)(4)(ii) or (b)(4)(iii) of this (a) of this section, or at a location with part must accept any increased inter- a geocentric angular separation of one ference that may result from adjacent degree or less from an Appendix F loca- 17/24 GHz BSS space stations that are tion, and may operate at the maximum operating in compliance with the rules power flux density limits defined in for this service.

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(f) Any 17/24 GHz BSS U.S. licensee or to the extent practicable, to minimize permittee that does not comply with the possibility of harmful interference the power flux-density limits set forth to WCS base station operations in the in § 25.208(w) of this part shall bear the 2305–2320 MHz and 2345–2360 MHz bands. burden of coordinating with any future (b) Notice requirements. SDARS licens- co-frequency licensees and permittees ees that intend to operate a new terres- of a 17/24 GHz BSS network under the trial repeater must, before com- following circumstances: mencing such operation, provide 10 (1) If the operator’s space-to-Earth business days prior notice to all poten- power flux-density levels exceed the tially affected Wireless Communica- power flux-density limits set forth in tions Service (WCS) licensees. SDARS § 25.208(w) of this part by 3 dB or less, licensees that intend to modify an ex- the operator shall bear the burden of isting repeater must, before com- coordinating with any future operators mencing such modified operation, pro- proposing a 17/24 GHz BSS space sta- vide 5 business days prior notice to all tion in compliance with power flux- potentially affected WCS licensees. density limits set forth in § 25.208(w) of (1) For purposes of this section, a this part and located within ±6 degrees ‘‘potentially affected WCS licensee’’ is of the operator’s 17/24 GHz BSS space a WCS licensee that: station. (i) Is authorized to operate a base (2) If the operator’s space-to-Earth station in the 2305–2315 MHz or 2350– power flux-density levels exceed the 2360 MHz bands in the same Major Eco- power flux-density limits set forth in nomic Area (MEA) as that in which the § 25.208(w) of this part by more than 3 terrestrial repeater is to be located; dB, the operator shall bear the burden (ii) Is authorized to operate base sta- of coordinating with any future operation in the 2315–2320 MHz or 2345–2350 tors proposing a 17/24 GHz BSS space MHz bands in the same Regional Eco- station in compliance with power flux- nomic Area Grouping (REAG) as that density limits set forth in § 25.208(w) of in which the terrestrial repeater is to this part and located within ±10 degrees be located; of the operator’s 17/24 GHz BSS space (iii) In addition to the WCS licensees station. identified in paragraphs (b)(1)(i) and (3) If no good faith agreement can be (ii) of this section, in cases in which reached, the operator of the 17/24 GHz the SDARS licensee plans to deploy or BSS satellite network that does not modify a terrestrial repeater within 5 comply with § 25.208(w) of this part kilometers of the boundary of an MEA shall reduce its space-to-Earth power or REAG in which the terrestrial re- flux-density levels to be compliant peater is to be located, a potentially with those specified in § 25.208(w) of affected WCS licensee is one that is au- this part. thorized to operate a WCS base station [72 FR 60280, Oct. 24, 2007] in that neighboring MEA or REAG within 5 kilometers of the location of § 25.263 Information sharing require- the terrestrial repeater. ments for SDARS terrestrial re- (2) For the purposes of this section, a peater operators. business day is defined by § 1.4(e)(2) of This section requires SDARS licens- this chapter. ees in the 2320–2345 MHz band to share (3) For modifications other than information regarding the location and changes in location, a licensee may operation of terrestrial repeaters with provide notice within 24 hours after the WCS licensees in the 2305–2320 MHz and modified operation if the modification 2345–2360 MHz bands. Section 27.72 of does not result in a predicted increase this chapter requires WCS licensees to of the power flux density (PFD) at share information regarding the loca- ground level by more than 1 dB since tion and operation of base stations in the last advance notice was given. If a the 2305–2320 MHz and 2345–2360 MHz demonstration is made by the WCS li- bands with SDARS licensees in the censee that such modifications may 2320–2345 MHz band. cause harmful interference to WCS re- (a) SDARS licensees must select ter- ceivers, SDARS licensees will be re- restrial repeater sites and frequencies, quired to provide notice 5 business days

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in advance of additional repeater modi- (3) An SDARS licensee operating ter- fications. restrial repeaters must maintain an ac- (4) SDARS repeaters operating below curate and up-to-date inventory of its 2 watts equivalent isotropically radi- terrestrial repeaters operating above 2 ated power (EIRP) are exempt from the watts average EIRP, including the in- notice requirements set forth in this formation set forth in § 25.263(c)(2), paragraph. which shall be available upon request (5) SDARS licensees are encouraged by the Commission. to develop separate coordination agree- (d) Calculation of Notice Period. Notice ments with WCS licensees to facilitate periods are calculated from the date of efficient deployment of and coexistence receipt by the licensee being notified. between each service. To the extent the If notification is by mail, the date of provisions of any such coordination receipt is evidenced by the return re- agreement conflict with the require- ceipt on certified mail. If notification ments set forth herein, the procedures is by fax, the date of receipt is evi- established under a coordination agree- denced by the notifying party’s fax ment will control. SDARS licensees transmission confirmation log. If noti- must maintain a copy of any coordina- fication is by e-mail, the date of re- tion agreement with a WCS license in ceipt is evidenced by a return e-mail their station files and disclose it to receipt. If the SDARS licensee and all prospective assignees, transferees, or potentially affected WCS licensees spectrum lessees and, upon request, to reach a mutual agreement to provide the Commission. notification by some other means, that (6) SDARS and WCS licensees may agreement must specify the method for enter into agreements regarding alter- determining the beginning of the no- native notification procedures. tice period. (c) Contents of notice. (1) Notification (e) Duty to cooperate. SDARS licens- must be written (e.g., certified letter, ees must cooperate in good faith in the fax, or e-mail) and include the licens- selection and use of new repeater sites ee’s name, and the name, address, and to reduce interference and make the telephone number of its coordination most effective use of the authorized fa- representative, unless the SDARS li- cilities. SDARS licensees should pro- censee and all potentially affected WCS vide WCS licensees as much lead time licensees reach a mutual agreement to as practicable to provide ample time to provide notification by some other conduct analyses and opportunity for means. WCS licensees and SDARS li- prudent repeater site selection prior to censees may establish such a mutually SDARS licensees entering into real es- agreeable alternative notification tate and tower leasing or purchasing mechanism without prior Commission agreements. Licensees of stations suf- approval, provided that they comply fering or causing harmful interference with all other requirements of this sec- must cooperate in good faith and re- tion. solve such problems by mutually satis- (2) Regardless of the notification factory arrangements. If the licensees method, notification must specify rel- are unable to do so, the International evant technical details, including, at a Bureau, in consultation with the Office minimum: of Engineering and Technology and the (i) The coordinates of the proposed Wireless Telecommunications Bureau, repeater to an accuracy of no less than will consider the actions taken by the ±1 second latitude and longitude; parties to mitigate the risk of and rem- (ii) The proposed operating power(s), edy any alleged interference. In deter- frequency band(s), and emission(s); mining the appropriate action, the Bu- (iii) The antenna center height above reau will take into account the nature ground and ground elevation above and extent of the interference and act mean sea level, both to an accuracy of promptly to remedy the interference. no less than ±1 meter; The Bureau may impose restrictions on (iv) The antenna gain pattern(s) in SDARS licensees, including specifying the azimuth and elevation planes that the transmitter power, antenna height, include the peak of the main beam; and or other technical or operational meas- (v) The antenna downtilt angle(s). ures to remedy the interference, and

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will take into account previous meas- state the reasons for including such ad- ures by the licensees to mitigate the ditional information. risk of interference. (6) The predictive gain information must be submitted to the Commission [75 FR 45069, Aug. 2, 2010, as amended at 78 FR 9619, Feb. 11, 2013] when a license application is filed for a 17/24 GHz BSS space station or within § 25.264 Requirements to facilitate re- 60 days after completion of critical de- verse-band operation in the 17.3– sign review for the space station, 17.8 GHz band of 17/24 GHz BSS whichever occurs later. and DBS Service space stations. (b) A 17/24 GHz BSS space station ap- (a) Each 17/24 GHz BSS space station plicant or licensee must submit power applicant or licensee must submit a se- flux density (pfd) calculations based on ries of tables or graphs containing pre- the predicted gain data submitted in dicted off-axis gain data for each an- accordance with paragraph (a) of this tenna that will transmit in the 17.3–17.8 section, as follows: GHz frequency band, in accordance (1) The pfd calculations must be pro- with the following specifications. Using vided at the location of all prior-filed a Cartesian coordinate system wherein U.S. DBS space stations where the ap- the X axis is tangent to the geo- plicant’s pfd level exceeds the coordi- stationary orbital arc with the positive nation trigger of ¥117 dBW/m2/100 kHz direction pointing east, i.e., in the di- in the 17.3–17.8 GHz band. In this rule, rection of travel of the satellite; the Y the term prior-filed U.S. DBS space axis is parallel to a line passing station refers to any co-frequency Di- through the geographic north and rect Broadcast Satellite service space south poles of the Earth, with the posi- station for which an application was tive direction pointing south; and the Z filed with the Commission, or an au- axis passes through the satellite and thorization was granted by the Com- the center of the Earth, with the posi- mission, prior to the filing of the infor- tive direction pointing toward the mation and certifications required by Earth, the applicant or licensee must paragraphs (a) and (b) of this section. provide the predicted transmitting an- The term prior-filed U.S. DBS space tenna off-axis antenna gain informa- station does not include any application: tions (or authorizations) that have (1) In the X–Z plane, i.e., the plane of been denied, dismissed, or are other- the geostationary orbit, over a range of wise no longer valid. Prior-filed U.S. ±30 degrees from the positive and nega- DBS space stations may include for- tive X axes in increments of 5 degrees eign-licensed DBS space stations seek- or less. ing authority to serve the United (2) In planes rotated from the X–Z States market, but do not include for- plane about the Z axis, over a range of eign-licensed DBS space stations that ±60 degrees relative to the equatorial have not filed applications with the plane, in increments of 10 degrees or Commission for market access in the less. United States. (3) In both polarizations. (2) The pfd calculations must take (4) At a minimum of three measure- into account the maximum permitted ment frequencies determined with re- longitudinal station-keeping tolerance, spect to the entire portion of the 17.3– orbital inclination and orbital eccen- 17.8 GHz frequency band over which the tricity of both the 17/24 GHz BSS and space station is designed to transmit: 5 DBS space stations, and must: MHz above the lower edge of the band; (i) Identify each prior-filed U.S. DBS at the band center frequency; and 5 space station at whose location the co- MHz below the upper edge of the band. ordination threshold pfd level of ¥117 (5) Over a greater angular measure- dBW/m2/100 kHz is exceeded; and ment range, if necessary, to account (ii) Indicate the extent to which the for any planned spacecraft orientation calculated pfd of the 17/24 GHz space bias or change in operating orientation station’s transmissions in the 17.3–17.8 relative to the reference coordinate GHz band exceed the threshold pfd system. The applicant or licensee must level of ¥117 dBW/m2/100 kHz at those

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prior-filed U.S. DBS space station loca- paragraph (b)(1) of this section, where tions. the applicant’s pfd level in the 17.3–17.8 (3) If the calculated pfd exceeds the GHz band exceeds the coordination threshold level of ¥117 dBW/m2/100 kHz trigger of ¥117 dBW/m2/100 kHz; and at the location of any prior-filed U.S. (ii) At the location of any subse- DBS space station, the applicant or li- quently filed U.S. DBS space station censee must also provide with the pfd where the pfd level in the 17.3–17.8 GHz calculations a certification that all af- band calculated on the basis of meas- fected DBS operators acknowledge and ured gain data exceeds ¥117 dBW/m2/100 do not object to such higher off-axis kHz. In this rule, the term subse- pfd levels. No such certification is re- quently filed U.S. DBS space station quired in cases where the DBS and 17/24 refers to any co-frequency Direct GHz BSS assigned operating fre- Broadcast Satellite service space sta- quencies do not overlap. tion proposed in a license application (4) The information and any certifi- filed with the Commission after the 17/ cation required by paragraph (b) of this 24 GHz BSS operator submitted the section must be submitted to the Com- predicted data required by paragraphs mission when a license application is (a) through (b) of this section but be- filed for a 17/24 GHz BSS space station fore submission of the measured data or within 60 days after completion of required by this paragraph. Subse- critical design review for the space sta- quently-filed U.S. DBS space stations tion, whichever occurs later. Other- may include foreign-licensed DBS wise, such information and certifi- space stations seeking authority to cations must be submitted to the Com- serve the United States market. The mission within 24 months after the term does not include any applications grant of an operating license for a 17/24 (or authorizations) that have been de- GHz BSS space station or when the ap- nied, dismissed, or are otherwise no plicant or licensee certifies completion longer valid, nor does it include for- of critical design review, whichever oc- eign-licensed DBS space stations that curs first. have not filed applications with the (c) No later than 2 months prior to Commission for market access in the launch, each 17/24 GHz BSS space sta- United States. tion licensee must update the predicted (2) The pfd calculations must take transmitting antenna off-axis gain in- into account the maximum permitted formation provided in accordance with longitudinal station-keeping tolerance, paragraph (a) of this section by submit- orbital inclination and orbital eccen- ting measured transmitting antenna off-axis gain information over the an- tricity of both the 17/24 GHz BSS and gular ranges, measurement frequencies DBS space stations, and must: and polarizations specified in para- (i) Identify each prior-filed U.S. DBS graphs (a)(1) through (5) of this section. space station at whose location the co- ¥ The transmitting antenna off-axis gain ordination threshold pfd level of 117 information should be measured under dBW/m2/100 kHz is exceeded; and conditions as close to flight configura- (ii) Demonstrate the extent to which tion as possible. the applicant’s or licensee’s trans- (d) No later than 2 months prior to missions in the 17.3–17.8 GHz band ex- launch, or when applying for authority ceed the threshold pfd level of ¥117 to change the location of a 17/24 GHz dBW/m2/100 kHz at those prior-filed BSS space station that is already in U.S. DBS space station locations. orbit, each 17/24 GHz BSS space station (e) If the pfd level calculated from licensee must provide pfd calculations the measured data submitted in ac- based on the measured off-axis gain cordance with paragraph (d) of this sec- data submitted in accordance with tion is in excess of the threshold pfd paragraph (c) of this section, as fol- level of ¥117 dBW/m2/100 kHz: lows: (1) At the location of any prior-filed (1) The pfd calculations must be pro- U.S. DBS space station as defined in vided: paragraph (b)(1) of this section, then (i) At the location of all prior-filed the 17/24 GHz broadcasting-satellite op- U.S. DBS space stations as defined in erator must either:

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(i) Coordinate its operations that are (2) If the 17/24 GHz BSS operator ad- in excess of the threshold pfd level of justs its operating parameters in ac- ¥117 dBW/m2/100 kHz with the affected cordance with paragraphs (e)(1)(ii) or prior-filed U.S. DBS space station oper- (e)(2)(ii) or this section. ator, or (g) Absent an explicit agreement be- (ii) Adjust its operating parameters tween operators to permit more closely so that at the location of the prior- spaced operations, U.S. authorized 17/24 filed U.S. DBS space station, the pfd GHz BSS space stations and U.S. au- level of ¥117 dBW/m2/100 kHz is not ex- thorized DBS space stations with co- ceeded. frequency assignments may not be li- (2) At the location of any subse- censed to operate at locations sepa- quently-filed U.S. DBS space station as rated by less than 0.2 degrees in orbital defined in paragraph (d)(1) of this sec- longitude. tion, where the pfd level submitted in (h) All operational 17/24 GHz BSS accordance with paragraph (d) of this space stations must be maintained in section, is also in excess of the pfd geostationary orbits that: level calculated on the basis of the pre- (1) Do not exceed 0.075° of inclination. dicted data submitted in accordance (2) Operate with an apogee less than with paragraph (a) of this section that or equal to 35,806 km above the surface were on file with the Commission at of the Earth, and with a perigee great- the time the DBS space station appli- er than or equal to 35,766 km above the cation was filed, then the 17/24 GHz surface of the Earth (i.e., an eccen- broadcasting-satellite operator must tricity of less than 4.7 × 10¥4). either: (i) U.S. authorized DBS networks (i) Coordinate with the affected sub- may claim protection from space path sequently-filed U.S. DBS space station interference arising from the reverse- operator all of its operations that are band operations of U.S. authorized 17/24 either in excess of the pfd level cal- GHz BSS networks to the extent that culated on the basis of the predicted the DBS space station operates within antenna off-axis gain data, or are in ex- the bounds of inclination and eccen- cess of the threshold pfd level of ¥117 tricity listed below. When the geo- dBW/m2/100 kHz, whichever is greater, stationary orbit of the DBS space sta- or tion exceeds these bounds on inclina- (ii) Adjust its operating parameters tion and eccentricity, it may not claim so that at the location of the subse- protection from any additional space quently-filed U.S. DBS space station, path interference arising as a result of either the pfd level calculated on the its inclined or eccentric operations and basis of the predicted off-axis transmit- may only claim protection as if it were ting antenna gain data, or the thresh- operating within the bounds listed old pfd level of ¥117 dBW/m2/100 kHz, below: whichever is greater, is not exceeded. (1) The DBS space station’s orbit ° (3) No coordination or adjustment of does not exceed 0.075 of inclination, operating parameters is required in and cases where the DBS and 17/24 GHz BSS (2) The DBS space station’s orbit operating frequencies do not overlap. maintains an apogee less than or equal (f) The 17/24 GHz BSS applicant or li- to 35,806 km above the surface of the censee must modify its license, or Earth, and a perigee greater than or amend its application, as appropriate, equal to 35,766 km above the surface of based upon new information: the Earth (i.e., an eccentricity of less than 4.7 × 10¥4). (1) If the pfd levels submitted in accordance with paragraph (d) of this sec- [76 FR 50431, Aug. 15, 2011, as amended at 81 tion, are in excess of those submitted FR 55348, Aug. 18, 2016] in accordance with paragraph (b) of this section at the location of any § 25.265 Acceptance of interference in prior-filed or subsequently-filed U.S. 2000–2020 MHz. DBS space station as defined in para- (a) MSS receivers operating in the graphs (b)(1) and (d)(1)of this section, 2000–2020 MHz band must accept inter- or ference from lawful operations in the

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1995–2000 MHz band, where such inter- corrected, except that transmissions ference is due to: concerning the immediate safety of life (1) The in-band power of any oper- or property may be conducted for the ations in 1995–2000 MHz (i.e., the por- duration of the emergency; and tion of transmit power contained in the (4) The licensee shall have available 1995–2000 MHz band); or at all times the technical personnel (2) The portion of out-of-band emis- necessary to perform expeditiously the sions contained in 2000–2005 MHz. technical servicing and maintenance of (b) [Reserved] the remote stations. [78 FR 8267, Feb. 5, 2013] (5) Operators of blanket-licensed GSO FSS earth station networks that pro- Subpart D—Technical Operations vide international service must maintain a control point within the United States, or maintain a point of contact SOURCE: 58 FR 13421, Mar. 11, 1993, unless otherwise noted. within the United States available 24 hours a day, 7 days a week, with the § 25.271 Control of transmitting sta- ability to shut off any earth station tions. within the network immediately upon (a) The licensee of a facility licensed notification of harmful interference. under this part is responsible for the (d) The licensee shall insure that the proper operation and maintenance of licensed facilities are properly secured the station. against unauthorized access or use (b) The licensee of a transmitting whenever an operator is not present at earth station licensed under this part the transmitter. shall ensure that a trained operator is (e) The licensee of an NGSO FSS sys- present on the earth station site, or at tem operating in the 10.7–14.5 GHz a designated remote control point for bands shall maintain an electronic web the earth station, at all times that site bulletin board to list the satellite transmissions are being conducted. No ephemeris data, for each satellite in operator’s license is required for a per- the constellation, using the North son to operate or perform maintenance American Aerospace Defense Command on facilities authorized under this part. (c) Authority will be granted to oper- (NORAD) two-line orbital element for- ate a transmitting earth station by re- mat. The orbital elements shall be up- mote control only on the conditions dated at least once every three days. that: (f) The licensee of any transmitting (1) The parameters of the trans- earth station licensed under this part missions of the remote station mon- must update the contact information itored at the control point, and the provided in the most recent license ap- operational functions of the remote plication for the station within 10 days earth stations that can be controlled of any change therein. The updated in- by the operator at the control point, formation must be filed electronically are sufficient to ensure that the oper- in the ‘‘Other Filings’’ tab of the sta- ations of the remote station(s) are at tion’s current authorization file in the all times in full compliance with the International Bureau Filing System. remote station authorization(s); (g) Licensees of transmitting earth (2) The earth station facilities are stations are prohibited from using re- protected by appropriate security mote earth stations in their networks measures to prevent unauthorized that are not designed to stop trans- entry or operations; mission when synchronization to sig- (3) Upon detection by the licensee, or nals from the target satellite fails. upon notification from the Commission of a deviation or upon notification by [58 FR 13421, Mar. 11, 1993, as amended at 66 another licensee of harmful inter- FR 10631, Feb. 16, 2001; 70 FR 4787, Jan. 31, ference, the operation of the remote 2005; 70 FR 32257, June 2, 2005; 74 FR 47107, station shall be immediately suspended Sept. 15, 2009; 78 FR 8430, Feb. 6, 2013; 79 FR by the operator at the control point 8325, Feb. 12, 2014; 81 FR 55349, Aug. 18, 2016] until the deviation or interference is

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§ 25.272 General inter-system coordi- (5) The space station licensee may nation procedures. delegate the responsibility and duties (a) Each space station licensee in the of the satellite network control center Fixed-Satellite Service shall establish to a technically qualified user or group a satellite network control center of users, but the space station licensee which will have the responsibility to do shall remain ultimately responsible for the following: the performance of those duties. (1) Monitor space-to-Earth trans- [58 FR 13421, Mar. 11, 1993, as amended at 62 missions in its system (thus indirectly FR 5931, Feb. 10, 1997; 78 FR 8431, Feb. 6, 2013; monitoring uplink earth station trans- 79 FR 8325, Feb. 12, 2014] missions in its system) and (2) Coordinate transmissions in its § 25.273 Duties regarding space com- satellite system with those of other munications transmissions. systems to prevent harmful inter- (a) No person shall: ference incidents or, in the event of a (1) Transmit to a satellite unless the harmful interference incident, to iden- specific transmission is first authorized tify the source of the interference and by the satellite network control cen- correct the problem promptly. ter; (b) [Reserved] (2) Conduct transmissions over a (c) The transmitting earth station li- transponder unless the operator is au- censee shall provide the operator(s) of thorized to transmit at that time by the satellites, on which the licensee is the satellite licensee or the satellite li- authorized to transmit, contact tele- censee’s successor in interest; or phone numbers for the control center (3) Transmit in any manner that of the earth station and emergency causes unacceptable interference to the telephone numbers for key personnel; a authorized transmission of another li- current file of these contacts shall be censee. maintained at each satellite system (b) Satellite operators shall provide control center. upon request by the Commission and (d) An earth station licensee shall en- by earth station licensees authorized sure that each of its authorized earth to transmit on their satellites relevant stations complies with the following: information needed to avoid unaccept- (1) The earth station licensee shall able interference to other users, includ- ensure that there is continuously ing the polarization angles for proper available means of communications be- illumination of a given transponder. tween the satellite network control (c) Space station licensees are re- center and the earth station operator sponsible for maintaining complete and or its remote control point as des- accurate technical details of current ignated by the licensee. and planned transmissions over their (2) The earth station operator shall satellites, and shall require that au- notify the satellite network control thorized users of transponders on their center and receive permission from the satellites, whether by tariff or con- control center before transmitting to tract, provide any necessary technical the satellite or changing the basic information in this regard including characteristics of a transmission. that required by § 25.272. Based on this (3) The earth station operator shall information, space station licensees keep the space station licensee in- shall exchange among themselves gen- formed of all actual and planned usage. eral technical information concerning (4) Upon approval of the satellite net- current and planned transmission pa- work control center, the earth station rameters as needed to identify and operator may radiate an RF carrier promptly resolve any potential cases of into the designated transponder. unacceptable interference between Should improper illumination of the their satellite systems. transponder or undue adjacent trans- (d) Space stations authorized after ponder interference be observed by the May 10, 1993 which do not satisfy the satellite network control center, the requirements of § 25.210 may be re- earth station operator shall imme- quired to accept greater constraints in diately take whatever measures are resolving interference problems than needed to eliminate the problem. complying ones. The extent of these

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constraints shall be determined on a take all measures necessary to resolve case-by-case basis. the interference. (f) Where the earth station suspected [58 FR 13421, Mar. 11, 1993, as amended at 78 FR 8431, Feb. 6, 2013] of causing harmful interference to the operations of another earth station § 25.274 Procedures to be followed in cannot be identified or is identified as the event of harmful interference. an earth station operating on a satellite system other than the one on (a) The earth station operator whose which the earth station suffering transmission is suffering harmful in- harmful interference is operating, it is terference shall first check the earth the responsibility of a representative of station equipment to ensure that the equipment is functioning properly. the earth station suffering harmful interference to contact the control cen- (b) The earth station operator shall ter of other satellite systems. The op- then check all other earth stations in erator of the earth station suffering the licensee’s network that could be harmful interference is free to choose causing the harmful interference to en- any representative to make this con- sure that none of them is the source of tact, including but not limited to the the interference and to verify that the operator of the satellite system on interference is not from a local terres- which the earth station is operating. trial source. The operator of the earth station suf- (c) After the earth station operator fering harmful interference is also free has determined that the source of the to contact the control center of the interference is not another earth sta- other satellite systems directly. tion operating in the same network or (g) At any point, the system control from a terrestrial source, the earth sta- center operator may contact the Com- tion operator shall contact the sat- mission’s Columbia Operations Center ellite system control center and advise in Columbia, Maryland, to assist in re- the satellite operator of the problem. solving the matter. This office special- The control center operator shall ob- izes in the resolution of satellite inter- serve the interference incident and ference problems. All licensees are re- make reasonable efforts to determine quired to cooperate fully with the Com- the source of the problem. A record mission in any investigation of inter- shall be maintained by the control cen- ference problems. ter operator and the earth station operator of all harmful interference inci- [58 FR 13421, Mar. 11, 1993, as amended at 62 dents and their resolution. These FR 5931, Feb. 10, 1997; 70 FR 32257, June 2, records shall be made available to an 2005; 78 FR 8431, Feb. 6, 2013] FCC representative on request. (d) Where the suspected source of the § 25.275 Particulars of operation. interference incident is the operation (a) Radio station authorizations of an earth station licensed to operate issued under this part will normally on one or more of the satellites in the specify only the frequency bands au- satellite operator’s system, the control thorized for transmission and/or recep- center operator shall advise the offend- tion of the station. ing earth station of the harmful inter- (b) When authorized frequency bands ference incident and assist in the reso- are specified in the station authoriza- lution of the problem where reasonably tion, the licensee is authorized to possible. transmit any number of r.f. carriers on (e) The earth station licensee whose any discrete frequencies within an au- operations are suspected of causing thorized frequency band in accordance harmful interference to the operations with the other terms and conditions of of another earth station shall take rea- the authorization and the requirements sonable measures to determine whether of this part. Specific r.f. carrier fre- its operations are the source of the quencies within the authorized fre- harmful interference problem. Where quency band shall be selected by the li- the operations of the suspect earth sta- censee to avoid unacceptable levels of tion are the source of the interference, interference being caused to other the licensee of that earth station shall earth, space or terrestrial stations.

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Any coordination agreements, both do- months’ duration shall not be provided mestic and international, concerning under a temporary fixed authorization. specific frequency usage constraints, (b) When a station, other than an including non-use of any particular fre- ESV, authorized as a temporary fixed quencies within the frequency bands earth station, is to remain at a single listed in the station authorization, are location for more than six months, ap- considered to be conditions of the sta- plication for a regular station author- tion authorization. ization at that location shall be filed at (c) A license for a transmitting earth least 30 days prior to the expiration of station will normally specify only the the six-month period. r.f. carriers having the highest e.i.r.p. (c) The licensee of an earth station, density, the narrowest bandwidth, and other than an ESV, which is authorized the largest bandwidth authorized for to conduct temporary fixed operations transmission from that station. Unless in bands shared co-equally with terres- otherwise specified in the station au- trial fixed stations shall provide the thorization, the licensee is authorized following information to the Director to transmit any other type of carrier of the Columbia Operations Center at not specifically listed which does not 9200 Farmhouse Lane, Columbia, Mary- exceed the highest e.i.r.p., e.i.r.p. den- land 21046, and to the licensees of all sity and bandwidth prescribed for any terrestrial facilities lying within the listed emission. coordination contour of the proposed (d) Only the most sensitive emis- temporary fixed earth station site be- sion(s) for which protection is being af- fore beginning transmissions: forded from interference in the author- (1) The name of the person operating ized receive frequency band(s) will be the station and the telephone number specified in the station authorization. at which the operator can be reached (e) Transmission from an earth sta- directly; tion of an unmodulated carrier at a (2) The exact frequency or fre- power level sufficient to saturate a sat- quencies used and the type of emissions ellite transponder is prohibited, except and power levels to be transmitted; and as consented to by the space station licensee to determine transponder per- (3) The commencement and antici- formance characteristics. pated termination dates of operation from each location. [58 FR 13421, Mar. 11, 1993, as amended at 81 (d) Except as set forth in § 25.151(e), FR 55349, Aug. 18, 2016] transmissions may not be commenced until all affected terrestrial licensees § 25.276 Points of communication. have been notified and the earth sta- Unless otherwise specified in the station operator has confirmed that unac- tion authorization, an earth station ceptable interference will not be may transmit to any space station in caused to such terrestrial stations. the same radio service that is listed as (e) Operations of temporary fixed a point of communication in the earth earth stations shall cease immediately station license, provided that permis- upon notice of harmful interference sion has been received from the space from the Commission or the affected li- station operator to access that space censee. station. (f) Filing requirements concerning [79 FR 8325, Feb. 12, 2014] applications for new temporary fixed earth station facilities operating in § 25.277 Temporary fixed earth station frequency bands shared co-equally with operations. terrestrial fixed stations. (a) When an earth station in the (1) When the initial location of the Fixed-Satellite Service is to remain at temporary fixed earth station’s oper- a single location for fewer than 6 ation is known, the applicant shall pro- months, the location may be consid- vide, as part of the Form 312 applica- ered to be temporary fixed. Services tion, a frequency coordination report provided at a single location which are in accordance with § 25.203 for the ini- initially known to be of longer than six tial station location.

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(2) When the initial location of the ized for use by agencies of the federal temporary fixed earth station’s oper- government, the federal use of fre- ation is not known at the time the ap- quencies in the inter-satellite service plication is filed, the applicant shall frequency bands is under the regu- provide, as part of the Form 312 appli- latory jurisdiction of the National cation, a statement by the applicant Telecommunications and Information acknowledging its coordination respon- Administration (NTIA). sibilities under § 25.277. (ii) The Commission will use its ex- [58 FR 13421, Mar. 11, 1993, as amended at 62 isting procedures to reach agreement FR 5931, Feb. 10, 1997; 70 FR 4787, Jan. 31, with NTIA to achieve compatible oper- 2005; 70 FR 32257, June 2, 2005] ations between federal government users under the jurisdiction of NTIA § 25.278 Additional coordination obligation for non-geostationary and and inter-satellite service systems geostationary satellite systems in through frequency assignment and co- frequencies allocated to the fixed- ordination practice established by satellite service. NTIA and the Interdepartment Radio Licensees of non-geostationary sat- Advisory Committee (IRAC). In order ellite systems that use frequency bands to facilitate such frequency assign- allocated to the Fixed-Satellite Service ment and coordination, applicants for their feeder link operations shall shall provide the Commission with suf- coordinate their operations with li- ficient information to evaluate electro- censees of geostationary Fixed-Sat- magnetic compatibility with the fed- ellite Service systems licensed by the eral government users of the spectrum, Commission for operation in the same and any additional information re- frequency bands. Licensees of geo- quested by the Commission. As part of stationary Fixed-Satellite Service sys- the coordination process, applicants tems in the frequency bands that are shall show that they will not cause in- licensed to non-geostationary satellite terference to authorized federal gov- systems for feeder link operations shall ernment users, based upon existing sys- coordinate their operations with the li- tem information provided by the gov- censees of such non-geostationary sat- ernment. The frequency assignment ellite systems. and coordination of the satellite sys- [59 FR 53330, Oct. 21, 1994, as amended at 78 tem shall be completed prior to grant FR 8431, Feb. 6, 2013] of construction authorization. (2) Coordination among inter-satellite § 25.279 Inter-satellite service. service systems. Applicants for authority (a) Any satellite communicating with to establish inter-satellite service are other space stations may use fre- encouraged to coordinate their pro- quencies in the inter-satellite service posed frequency usage with existing as indicated in § 2.106 of this chapter. permittees and licensees in the inter- This does not preclude the use of other satellite service whose facilities could frequencies for such purposes as pro- be affected by the new proposal in vided for in several service definitions, terms of frequency interference or re- e.g., FSS. The technical details of the stricted system capacity. All affected proposed inter-satellite link shall be applicants, permittees, and licensees, provided in accordance with § 25.114(c). shall at the direction of the Commis- (b) Operating conditions. In order to sion, cooperate fully and make every ensure compatible operations with au- reasonable effort to resolve technical thorized users in the frequency bands problems and conflicts that may in- to be utilized for operations in the hibit effective and efficient use of the inter-satellite service, these inter-sat- radio spectrum; however, the permittee ellite service systems must operate in or licensee being coordinated with is accordance with the conditions speci- not obligated to suggest changes or re- fied in this section. engineer an applicant’s proposal in (1) Coordination requirements with fed- cases involving conflicts. eral government users. (i) In frequency bands allocated for use by the inter- [59 FR 53331, Oct. 21, 1994, as amended at 65 satellite service that are also author- FR 59144, Oct. 4, 2000]

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§ 25.280 Inclined orbit operations. activated whenever any radio fre- (a) Satellite operators may com- quency signal is transmitted. mence operation in inclined orbit mode (ii) The ATIS message must continu- without obtaining prior Commission ously repeat. authorization provided that the Com- (iii) The ATIS subcarrier signal must mission is notified by letter within 30 be generated at a frequency of 7.1 MHz ± days after the last north-south station 25 kHz and modulate the uplink radio keeping maneuver. The notification frequency carrier at a level no less ¥ shall include: than 26 dB (referenced to the (1) The operator’s name; unmodulated carrier). (2) The date of commencement of in- (iv) ATIS subcarrier deviation must clined orbit operation; not exceed 25 kHz. (3) The initial inclination; (v) The ATIS message protocol must (4) The rate of change in inclination be International Morse Code keyed by per year; and a 1200 Hz ±800 Hz tone representing a (5) The expected end-of-life of the mark and a message rate of 15 to 25 satellite accounting for inclined orbit words per minute. The tone must fre- operation, and the maneuvers specified quency-modulate the subcarrier signal under § 25.283 of the Commission’s with the ATIS message. rules. (vi) The ATIS message must include (b) Licensees operating in inclined- the FCC-assigned call sign of the trans- orbit are required to: mitting earth station, a telephone (1) Periodically correct the satellite number providing immediate access to attitude to achieve a stationary space- personnel capable of resolving inter- craft antenna pattern on the surface of ference or coordination problems, and a the Earth and centered on the sat- unique serial number of ten or more ellite’s designated service area; digits programmed into the ATIS mes- (2) Control all electrical interference sage in a permanent manner so that it to adjacent satellites, as a result of op- cannot be readily changed by the oper- erating in an inclined orbit, to levels ator on duty. Additional information not to exceed that which would be may be included in the ATIS data caused by the satellite operating with- stream provided the total ATIS mes- out an inclined orbit; sage length does not exceed 30 seconds. (3) Not claim protection in excess of (2) Use of a direct sequence spread the protection that would be received spectrum ATIS signal must be in ac- by the satellite network operating cordance with the requirements in without an inclined orbit; and paragraphs (b)(1) and (2) of this section. (4) Continue to maintain the space (b) As of September 3, 2016, trans- station at the authorized longitude or- missions of fixed-frequency, digitally bital location in the geostationary sat- modulated video signals with a symbol ellite arc with the appropriate east- rate of 128,000/s or more from Satellite west station-keeping tolerance. News Gathering vehicles or other tem- [69 FR 54587, Sept. 9, 2004] porary-fixed earth stations must be identified through use of an ATIS in § 25.281 Transmitter identification re- accordance with the following require- quirements for video uplink trans- ments: missions. (1) The ATIS message must be modu- (a) Earth-to-space transmissions car- lated onto a direct sequence spread rying video information with analog spectrum signal in accordance with the modulation must be identified through DVB–CID standard, ETSI TS 103 129 use of an Automatic Transmitter Iden- (2013–05), ‘‘Technical Specification, tification System (ATIS) with an ana- Digital Video Broadcasting (DVB); log identifier or a direct sequence Framing structure, channel coding and spread spectrum signal. modulation of a carrier identification (1) Use of an analog identifier must system (DVB–CID) for satellite trans- be in accordance with the following re- mission.’’ This document is incor- quirements: porated by reference in accordance (i) The ATIS signal must be a sepa- with 5 U.S.C. 552(a) and 1 CFR part 51 rate subcarrier that is automatically and approved by the Director of the

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Federal Register. The ETSI document of satellite components, to an orbit may be obtained from ETSI, 650 Route with a perigee with an altitude of no des Lucioles, 06921 Sophia Antipolis less than: Cedex, France and by email to 36,021 km + (1000·CR·A/m) [email protected] and a copy can be where CR is the solar radiation pressure downloaded from http://www.etsi.org. coefficient of the spacecraft, and A/ You may inspect a copy at the Federal m is the Area to mass ratio, in Communications Commission, 445 12th square meters per kilogram, of the Street SW., Washington, DC 20554, or at spacecraft. the National Archives and Records Ad- ministration (NARA). For information (b) A space station authorized to op- on the availability of this material at erate in the geostationary satellite NARA, call 202–741–6030 or go to: http:// orbit under this part may operate www.archives.gov/federallregister/ using its authorized tracking, telem- codeloflfederallregulations/ etry and control frequencies, and out- ibrllocations.html. side of its assigned orbital location, for (2) The ATIS message must continu- the purpose of removing the satellite ously repeat. from the geostationary satellite orbit (c) ATIS equipment must be inte- at the end of its useful life, provided grated into the uplink transmitter that the conditions of paragraph (a) of chain with a method that cannot easily this section are met, and on the condi- be defeated. tion that the space station’s tracking, telemetry and control transmissions [79 FR 8325, Feb. 12, 2014; 81 FR 33601, May 31, are planned so as to avoid electrical in- 2016] terference to other space stations, and § 25.282 Orbit raising maneuvers. coordinated with any potentially affected satellite networks. A space station authorized to operate (c) All space stations. Upon completion in the geostationary satellite orbit of any relocation authorized by para- under this part is also authorized to graph (b) of this section, or any reloca- transmit in connection with short- tion at end-of-life specified in an au- term, transitory maneuvers directly thorization, or upon a spacecraft other- related to post-launch, orbit-raising wise completing its authorized mission, maneuvers, provided that the following a space station licensee shall ensure, conditions are met: unless prevented by technical failures (a) Authority is limited to those beyond its control, that stored energy tracking, telemetry, and control fre- sources on board the satellite are dis- quencies in which the space station is charged, by venting excess propellant, authorized to operate once it reaches discharging batteries, relieving pres- its assigned geostationary orbital loca- sure vessels, or other appropriate tion; measures. (b) In the event that any unaccept- (d) The minimum perigee require- able interference does occur, the space ment of paragraph (a) of this section station licensee shall cease operations shall not apply to space stations until the issue is rectified; launched prior to March 18, 2002. (c) The space station licensee is required to accept interference from any [69 FR 54588, Sept. 9, 2004, as amended at 78 lawfully operating satellite network or FR 8431, Feb. 6, 2013; 81 FR 55349, Aug. 18, radio communication system. 2016] [69 FR 54587, Sept. 9, 2004] § 25.284 Emergency Call Center Serv- ice. § 25.283 End-of-life disposal. (a) Providers of Mobile-Satellite (a) Geostationary orbit space stations. Service to end-user customers (part 25, Unless otherwise explicitly specified in subparts A–D) must provide Emergency an authorization, a space station au- Call Center service to the extent that thorized to operate in the geo- they offer real-time, two way switched stationary satellite orbit under this voice service that is interconnected part shall be relocated, at the end of its with the public switched network and useful life, barring catastrophic failure utilize an in-network switching facility

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which enables the provider to reuse fre- manner approved by the Federal Avia- quencies and/or accomplish seamless tion Administration or is used by the hand-offs of subscriber calls. Emer- pilot or with the pilot’s consent: gency Call Center personnel must de- (1) Earth stations capable of trans- termine the emergency caller’s phone mitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, number and location and then transfer or 2 GHz Mobile-Satellite Service fre- or otherwise redirect the call to an ap- quency bands; propriate public safety answering (2) ATC terminals capable of trans- point. Providers of Mobile-Satellite mitting in the 1.5/1.6 GHz or 1.6/2.4 GHz Services that utilize earth terminals MSS bands; that are not capable of use while in (3) Earth stations used for non-voice, motion are exempt from providing non-geostationary Mobile-Satellite Emergency Call Center service for such Service communication that can emit terminals. radiation in the 108–137 MHz band. (b) Beginning February 11, 2005, each (b) No portable device of any type Mobile-Satellite Service carrier that is identified in paragraph (a) of this sec- subject to the provisions of paragraph tion (including transmitter or trans- (a) of this section must maintain ceiver units installed in other devices records of all 911 calls received at its that are themselves portable) may be emergency call center. Beginning Octo- sold or distributed to users unless it ber 15, 2005, and on each following Oc- conspicuously bears the following tober 15, Mobile-Satellite Service car- warning: ‘‘This device must be turned riers providing service in the 1.6/2.4 off at all times while on board air- GHz and 2 GHz bands must submit a re- craft.’’ For purposes of this section, a port to the Commission regarding their device is portable if it is a ‘‘portable call center data, current as of Sep- device’’ as defined in § 2.1093(b) of this tember 30 of that year. Beginning June chapter or is designed to be carried by 30, 2006, and on each following June 30, hand. Mobile-Satellite Service carriers pro- [79 FR 8325, Feb. 12, 2014] viding service in bands other than 1.6/ 2.4 GHz and 2 GHz must submit a report EFFECTIVE DATE NOTE: At 79 FR 44140, July to the Commission regarding their call 30, 2014, in § 25.285, paragraph (a)(2) was corrected. This text contains information col- center data, current as of May 31 of lection and recordkeeping requirements and that year. These reports must include, will not become effective until approval has at a minimum, the following: been given by the Office of Management and (1) The name and address of the car- Budget. rier, the address of the carrier’s emergency call center, and emergency call § 25.286 Antenna painting and light- center contact information; ing. (2) The aggregate number of calls re- The owner of an earth station an- ceived by the call center each month tenna structure must comply with all during the relevant reporting period; applicable painting, marking, and/or (3) An indication of how many calls lighting requirements in part 17 of this received by the call center each month chapter. In the event of default by the during the relevant reporting period re- owner, the station licensee will be required forwarding to a public safety an- sponsible for ensuring that such re- swering point and how many did not quirements are met. require forwarding to a public safety [79 FR 8326, Feb. 12, 2014] answering point. [69 FR 6582, Feb. 11, 2004, as amended at 69 § 25.287 Requirements pertaining to FR 54042, Sept. 7, 2004; 78 FR 8431, Feb. 6, operation of mobile stations in the 2013] NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Satellite Service § 25.285 Operation of MSS and ATC bands. transmitters or transceivers on (a) Any mobile earth station (MES) board civil aircraft. operating in the 1530–1544 MHz and (a) Operation of any of the following 1626.5–1645.5 MHz bands must have the devices aboard civil aircraft is prohib- following minimum set of capabilities ited, unless the device is installed in a to ensure compliance with Footnote

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5.353A in 47 CFR 2.106 and the priority 5.353A and the priority and real-time and real-time preemption requirements preemption requirements imposed by imposed by Footnote US315. Footnote US315. An LES fulfilling (1) All MES transmissions must have these requirements must not have any a priority assigned to them that pre- additional priority with respect to FSS serves the priority and preemptive ac- stations operating with other systems. cess given to maritime distress and (1) LES transmissions to MESs must safety communications sharing the have a priority assigned to them that band. preserves the priority and preemptive (2) Each MES with a requirement to access given to maritime distress and handle maritime distress and safety safety communications pursuant to data communications must be capable paragraph (a) of this section. of either: (2) The LES must recognize the pri- (i) Recognizing message and call priority of calls to and from MESs and ority identification when transmitted make channel assignments taking into from its associated Land Earth Station account the priority access that is (LES), or given to maritime distress and safety (ii) Accepting message and call pri- communications. ority identification embedded in the (3) The LES must be capable of re- message or call when transmitted from ceiving the MES identification number its associated LES and passing the when transmitted and verifying that it identification to shipboard data mes- is an authorized user of the system to sage processing equipment. prohibit unauthorized access. (3) Each MES must be assigned a (4) The LES must be capable of trans- unique terminal identification number mitting channel assignment commands that will be transmitted upon any at- to the MESs. tempt to gain access to a system. (5) The communications channels (4) After an MES has gained access to used between the LES and the MES a system, the mobile terminal must be shall have provision for signaling with- under control of an LES and must ob- in the voice/data channel, for an MES tain all channel assignments from it. that does not continuously monitor the (5) All MESs that do not continu- LES signaling channel during a call. ously monitor a separate signaling (6) The LES must transmit periodic channel or signaling within the com- control signals to MESs that do not munications channel must monitor the continuously monitor the LES sig- signaling channel at the end of each naling channel. transmission. (7) The LES must automatically in- (6) Each MES must automatically inhibit transmissions to an MES to hibit its transmissions if it is not cor- which it is not transmitting in a sig- rectly receiving separate signaling naling channel or signaling within the channel or signaling within the com- communications channel. munications channel from its associ- (8) The LES must be capable of trans- ated LES. mitting channel-shut-off commands to (7) Each MES must automatically in- MESs on signaling or communications hibit its transmissions on any or all channels. channels upon receiving a channel- (9) Each LES must be capable of in- shut-off command on a signaling or terrupting, and if necessary, pre- communications channel it is receiving empting ongoing routine traffic from from its associated LES. an MES in order to complete a mari- (8) Each MES with a requirement to time distress, urgency or safety call to handle maritime distress and safety that MES. communications must have the capa- (10) Each LES must be capable of bility within the station to automati- automatically turning off one or more cally preempt lower precedence traffic. of its associated channels in order to (b) Any LES for an MSS system oper- complete a maritime distress, urgency ating in the 1530–1544 MHz and 1626.5– or safety call. 1645.5 MHz bands must have the fol- (c) No person without an FCC license lowing minimum set of capabilities to for such operation may transmit to a ensure compliance with Footnotes space station in the NVNG, 1.5/1.6 GHz,

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1.6/2.4 GHz, or 2 GHz Mobile-Satellite chapter will apply unless otherwise Service from anywhere in the United provided in this part. States except to receive service from [67 FR 45373, July 9, 2002] the holder of a pertinent FCC blanket license or from another party with the § 25.402 [Reserved] permission of such a blanket licensee. (d) The holder of an FCC blanket li- § 25.403 Bidding application and cer- cense for operation of mobile transmit- tification procedures. ters or transceivers for communication Submission of Supplemental Applica- via an NVNG, 1.6/2.4 GHz, 1.5/1.6 GHz, or tion Information. In order to be eligi- 2 GHz Mobile Satellite Service system ble to bid, each pending applicant must will be responsible for operation of any timely submit certain supplemental in- such device to receive service provided formation. All supplemental informa- by that licensee or provided by another tion shall be filed by the applicant five party with the blanket licensee’s con- days after publication of these rules in sent. Operators of such satellite sys- the FEDERAL REGISTER. The supple- tems must not transmit communica- mental information must be certified tions to or from such devices in the and include the following: United States unless such communica- (a) Applicant’s name; tions are authorized under a service (b) Mailing Address (no Post Office contract with the holder of a pertinent boxes); FCC blanket earth station license or (c) City; under a service contract with another (d) State; party with authority for such oper- (e) ZIP Code; ation delegated by such a blanket li- (f) Auction Number 15; censee. (g) FCC Account Number; [79 FR 8326, Feb. 12, 2014] (h) Person(s) authorized to make or withdraw a bid (list up to three individ- § 25.288 Obligation to remedy inter- uals); ference caused by NGSO MSS feed- (i) Certifications and name and title er downlinks in the 6700–6875 MHz band. of person certifying the information provided; If an NGSO MSS satellite transmit- (j) Applicant’s contact person and ting in the 6700–6875 MHz band causes such person’s telephone number, E- harmful interference to previously li- mail address and FAX number; and censed co-frequency Public Safety fa- (k) Signature and date. cilities, the satellite operator has an obligation to remedy the interference. § 25.404 Submission of down payment [81 FR 55349, Aug. 18, 2016] and filing of long-form applications. A high bidder that meets its down Subpart E [Reserved] payment obligations in a timely manner must, within thirty (30) business Subpart F—Competitive Bidding days after being notified that it is a high bidder, submit an amendment to Procedures for DARS its pending application to provide the information required by § 25.144. SOURCE: 62 FR 11106, Mar. 11, 1997, unless otherwise noted. [67 FR 45373, July 9, 2002]

§ 25.401 Satellite DARS applications §§ 25.405–25.406 [Reserved] subject to competitive bidding. Mutually exclusive initial applica- Subparts G–H [Reserved] tions for DARS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this

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Subpart I—Equal Employment (3) Non U.S. licensed satellite opera- Opportunities tors in the Ku band that offer video programming directly to consumers in § 25.601 Equal employment opportuni- the United States pursuant to an earth ties. station license issued under part 25 of this title and that offer a sufficient Notwithstanding other EEO provi- number of channels to consumers so sions within these rules, an entity that that four percent of the total applica- uses an owned or leased Fixed-Satellite ble programming channels yields a set Service or Direct Broadcast Satellite aside of one channel of noncommercial Service or 17/24 GHz Broadcasting-Sat- programming pursuant to paragraph ellite Service facility (operating under (e) of this section, or this part) to provide video program- (4) Entities licensed to operate sat- ming directly to the public on a sub- ellites in the 17/24 GHz BSS that offer scription basis must comply with the video programming directly to con- equal employment opportunity re- sumers or that sell or lease capacity to quirements set forth in part 76, subpart a video programming distributor that E, of this chapter, if such entity exer- offers service directly to consumers cises control (as defined in part 76, sub- providing a sufficient number of chan- part E, of this chapter) over the video nels so that four percent of the total programming it distributes. Notwith- applicable programming channels standing other EEO provisions within yields a set aside of at least one chan- these rules, a licensee or permittee of a nel of noncommercial programming direct broadcast satellite station oper- pursuant to paragraph (e) of this sec- ating as a broadcaster, and a licensee tion, or or permittee in the satellite DARS (5) Non U.S. licensed satellite opera- service, must comply with the equal tors in the 17/24 GHz BSS that offer employment opportunity requirements video programming directly to con- set forth in 47 CFR part 73. sumers in the United States or that [72 FR 50033, Aug. 29, 2007, as amended at 78 sell or lease capacity to a video pro- FR 8431, Feb. 6, 2013; 81 FR 10122, Feb. 29, gramming distributor that offers serv- 2016] ice directly to consumers in the United States pursuant to an earth station li- Subpart J—Public Interest cense issued under part 25 of this title and that offer a sufficient number of Obligations channels to consumers so that four percent of the total applicable program- § 25.701 Other DBS Public interest obligations. ming channels yields a set aside of one channel of noncommercial program- (a) DBS providers are subject to the ming pursuant to paragraph (e) of this public interest obligations set forth in section. paragraphs (b), (c), (d), (e) and (f) of (b) Political broadcasting require- this section. As used in this section, ments— DBS providers are any of the following: (1) Legally qualified candidates for (1) Entities licensed to operate sat- public office for purposes of this sec- ellites in the 12.2 to 12.7 GHz DBS fre- tion are as defined in § 73.1940 of this quency bands; or chapter. (2) Entities licensed to operate sat- (2) DBS origination programming is ellites in the Ku band Fixed-Satellite defined as programming (exclusive of Service and that sell or lease capacity broadcast signals) carried on a DBS fa- to a video programming distributor cility over one or more channels and that offers service directly to con- subject to the exclusive control of the sumers providing a sufficient number DBS provider. of channels so that four percent of the (3) Reasonable access. (i) DBS pro- total applicable programming channels viders must comply with section yields a set aside of at least one chan- 312(a)(7) of the Communications Act of nel of non commercial programming 1934, as amended, by allowing reason- pursuant to paragraph (e) of this sec- able access to, or permitting purchase tion, or of reasonable amounts of time for, the

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use of their facilities by a legally giving rise to the right of equal oppor- qualified candidate for federal elective tunities occurred: Provided, however, office on behalf of his or her candidacy. That where the person was not a can- (ii) Weekend access. For purposes of didate at the time of such first prior providing reasonable access, DBS pro- use, he or she shall submit his or her viders shall make facilities available request within 1 week of the first sub- for use by federal candidates on the sequent use after he or she has become weekend before the election if the DBS a legally qualified candidate for the of- provider has provided similar access to fice in question. commercial advertisers during the year (iv) Burden of proof. A candidate re- preceding the relevant election period. questing equal opportunities of the DBS providers shall not discriminate DBS provider or complaining of non- between candidates with regard to compliance to the Commission shall weekend access. have the burden of proving that he or (4) Use of facilities; equal opportunities. she and his or her opponent are legally DBS providers must comply with sec- qualified candidates for the same pub- tion 315 of the Communications Act of lic office. 1934, as amended, by providing equal (v) Discrimination between candidates. opportunities to legally qualified can- In making time available to candidates didates for DBS origination program- for public office, no DBS provider shall ming. make any discrimination between can- (i) General requirements. Except as didates in practices, regulations, facili- otherwise indicated in § 25.701(b)(3), no ties, or services for or in connection DBS provider is required to permit the with the service rendered pursuant to use of its facilities by any legally this part, or make or give any pref- qualified candidate for public office, erence to any candidate for public of- but if a DBS provider shall permit any fice or subject any such candidate to such candidate to use its facilities, it any prejudice or disadvantage; nor shall afford equal opportunities to all shall any DBS provider make any con- other candidates for that office to use tract or other agreement that shall such facilities. Such DBS provider have the effect of permitting any le- shall have no power of censorship over gally qualified candidate for any public the material broadcast by any such office to use DBS origination program- candidate. Appearance by a legally ming to the exclusion of other legally qualified candidate on any: qualified candidates for the same pub- (A) Bona fide newscast; lic office. (B) Bona fide news interview; (c) Candidate rates—(1) Charges for use (C) Bona fide news documentary (if of DBS facilities. The charges, if any, the appearance of the candidate is inci- made for the use of any DBS facility by dental to the presentation of the sub- any person who is a legally qualified ject or subjects covered by the news candidate for any public office in con- documentary); or nection with his or her campaign for (D) On the spot coverage of bona fide nomination for election, or election, to news events (including, but not limited such office shall not exceed: to political conventions and activities (i) During the 45 days preceding the incidental thereto) shall not be deemed date of a primary or primary runoff to be use of a DBS provider’s facility. election and during the 60 days pre- (Section 315(a) of the Communications ceding the date of a general or special Act.) election in which such person is a can- (ii) Uses. As used in this section and didate, the lowest unit charge of the § 25.701(c), the term ‘‘use’’ means a can- DBS provider for the same class and didate appearance (including by voice amount of time for the same period. or picture) that is not exempt under (A) A candidate shall be charged no paragraphs (b)(3)(i)(A) through more per unit than the DBS provider (b)(3)(i)(D) of this section. charges its most favored commercial (iii) Timing of request. A request for advertisers for the same classes and equal opportunities must be submitted amounts of time for the same periods. to the DBS provider within 1 week of Any facility practices offered to com- the day on which the first prior use mercial advertisers that enhance the

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value of advertising spots must be dis- (H) Lowest unit charge may be cal- closed and made available to can- culated on a weekly basis with respect didates upon equal terms. Such prac- to time that is sold on a weekly basis, tices include but are not limited to any such as rotations through particular discount privileges that affect the programs or dayparts. DBS providers value of advertising, such as bonus electing to calculate the lowest unit spots, time sensitive make goods, pre- charge by such a method must include emption priorities, or any other factors in that calculation all rates for all an- that enhance the value of the announcements scheduled in the rotation, nouncement. including announcements aired under (B) The Commission recognizes non long term advertising contracts. DBS preemptible, preemptible with notice, providers may implement rate in- immediately preemptible and run of creases during election periods only to schedule as distinct classes of time. the extent that such increases con- (C) DBS providers may establish and stitute ‘‘ordinary business practices,’’ define their own reasonable classes of such as seasonal program changes or immediately preemptible time so long changes in audience ratings. as the differences between such classes (I) DBS providers shall review their are based on one or more demonstrable advertising records periodically benefits associated with each class and throughout the election period to de- are not based solely upon price or iden- termine whether compliance with this tity of the advertiser. Such demon- section requires that candidates re- strable benefits include, but are not ceive rebates or credits. Where nec- limited to, varying levels of preemp- essary, DBS providers shall issue such tion protection, scheduling flexibility, rebates or credits promptly. or associated privileges, such as guar- (J) Unit rates charged as part of any anteed time sensitive make goods. DBS package, whether individually nego- providers may not use class distinc- tiated or generally available to all ad- tions to defeat the purpose of the low- vertisers, must be included in the lowest unit charge requirement. All class- est unit charge calculation for the es must be fully disclosed and made same class and length of time in the available to candidates. same time period. A candidate cannot (D) DBS providers may establish rea- be required to purchase advertising in sonable classes of preemptible with no- every program or daypart in a package tice time so long as they clearly define as a condition for obtaining package all such classes, fully disclose them unit rates. and make them available to can- (K) DBS providers are not required to didates. include non cash promotional merchan- (E) DBS providers may treat non dising incentives in lowest unit charge preemptible and fixed position as dis- calculations; provided, however, that tinct classes of time provided that they all such incentives must be offered to articulate clearly the differences be- candidates as part of any purchases tween such classes, fully disclose them, permitted by the system. Bonus spots, and make them available to can- however, must be included in the cal- didates. culation of the lowest unit charge cal- (F) DBS providers shall not establish culation. a separate, premium priced class of (L) Make goods, defined as the re- time sold only to candidates. DBS pro- scheduling of preempted advertising, viders may sell higher priced non shall be provided to candidates prior to preemptible or fixed time to candidates election day if a DBS provider has pro- if such a class of time is made avail- vided a time sensitive make good dur- able on a bona fide basis to both can- ing the year preceding the pre election didates and commercial advertisers, periods, respectively set forth in para- and provided such class is not function- graph (c)(1)(i) of this section, to any ally equivalent to any lower priced commercial advertiser who purchased class of time sold to commercial adver- time in the same class. tisers. (M) DBS providers must disclose and (G) [Reserved] make available to candidates any

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make good policies provided to com- (iii) A description of the DBS pro- mercial advertisers. If a DBS provider vider’s method of selling preemptible places a make good for any commercial time based upon advertiser demand, advertiser or other candidate in a more commonly known as the ‘‘current sell- valuable program or daypart, the value ing level,’’ with the stipulation that of such make good must be included in candidates will be able to purchase at the calculation of the lowest unit these demand generated rates in the charge for that program or daypart. same manner as commercial adver- (ii) At any time other than the re- tisers; spective periods set forth in paragraph (iv) An approximation of the likeli- (c)(1)(i) of this section, DBS providers hood of preemption for each kind of may charge legally qualified can- preemptible time; and didates for public office no more than (v) An explanation of the DBS pro- the charges made for comparable use of vider’s sales practices, if any, that are the facility by commercial advertisers. based on audience delivery, with the The rates, if any, charged all such can- stipulation that candidates will be able didates for the same office shall be uni- to purchase this kind of time, if avail- form and shall not be rebated by any able to commercial advertisers. means, direct or indirect. A candidate (3) Once disclosure is made, DBS pro- shall be charged no more than the rate viders shall negotiate in good faith to the DBS provider would charge for actually sell time to candidates in ac- comparable commercial advertising. cordance with the disclosure. All discount privileges otherwise of- (d) Political file. Each DBS provider fered by a DBS provider to commercial shall maintain a complete and orderly advertisers must be disclosed and made political file. available upon equal terms to all can- (1) The political file shall contain, at didates for public office. a minimum: (2) If a DBS provider permits a can- (i) A record of all requests for DBS didate to use its facilities, it shall origination time, the disposition of make all discount privileges offered to those requests, and the charges made, commercial advertisers, including the if any, if the request is granted. The lowest unit charges for each class and ‘‘disposition’’ includes the schedule of length of time in the same time period time purchased, when spots actually and all corresponding discount privi- aired, the rates charged, and the class- leges, available on equal terms to all es of time purchased; and candidates. This duty includes an af- (ii) A record of the free time provided firmative duty to disclose to can- if free time is provided for use by or on didates information about rates, terms, behalf of candidates. conditions and all value enhancing dis- (2) All records required to be retained count privileges offered to commercial by this section must be placed in the advertisers, as provided herein. DBS political file as soon as possible and providers may use reasonable discre- must be retained for a period of two tion in making the disclosure; pro- years. After the effective date of this vided, however, that the disclosure in- section, DBS providers shall place all cludes, at a minimum, the following in- new political file material required to formation: be retained by this section in the on- (i) A description and definition of line file hosted by the Commission. each class of time available to com- (e) Commercial limits in children’s pro- mercial advertisers sufficiently com- grams. (1) No DBS provider shall air plete enough to allow candidates to more than 10.5 minutes of commercial identify and understand what specific matter per hour during children’s pro- attributes differentiate each class; gramming on weekends, or more that (ii) A description of the lowest unit 12 minutes of commercial matter per charge and related privileges (such as hour on week days. priorities against preemption and (2) This rule shall not apply to pro- make goods prior to specific deadlines) grams aired on a broadcast television for each class of time offered to com- channel which the DBS provider pas- mercial advertisers; sively carries, or to channels over

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which the DBS provider may not exer- the recognized regional and national cise editorial control, pursuant to 47 accrediting organizations), or U.S.C. 335(b)(3). (iv) A nonprofit organization whose (3) DBS providers airing children’s purposes are educational and include programming must maintain in the on- providing educational and instruc- line file hosted by the Commission tional television material to such ac- records sufficient to verify compliance credited institutions and governmental with this rule. Such records must be organizations. maintained for a period sufficient to (v) Other noncommercial entities cover the limitations period specified with an educational mission. in 47 U.S.C. 503(b)(6)(B). (3) Editorial control. (i) A DBS oper- NOTE 1 TO PARAGRAPH (e): Commercial matter ator will be required to make capacity means airtime sold for purposes of selling a available only to qualified program- product or service. mers and may select among such pro- NOTE 2 TO PARAGRAPH (e): For purposes of this section, children’s programming refers grammers when demand exceeds the to programs originally produced and broad- capacity of their reserved channels. cast primarily for an audience of children 12 (ii) A DBS operator may not require years old and younger. the programmers it selects to include (f) Carriage obligation for non- particular programming on its chan- commercial programming— nels. (1) Reservation requirement. DBS pro- (iii) A DBS operator may not alter or viders shall reserve four percent of censor the content of the programming their channel capacity exclusively for provided by the qualified programmer use by qualified programmers for non- using the channels reserved pursuant commercial programming of an edu- to this section. cational or informational nature. (4) Non-commercial channel limita- Channel capacity shall be determined tion. A DBS operator cannot initially annually by calculating, based on select a qualified programmer to fill measurements taken on a quarterly more than one of its reserved channels basis, the average number of channels except that, after all qualified entities available for video programming on all that have sought access have been of- satellites licensed to the provider dur- fered access on at least one channel, a ing the previous year. DBS providers provider may allocate additional chan- may use this reserved capacity for any nels to qualified programmers without purpose until such time as it is used for having to make additional efforts to noncommercial educational or infor- secure other qualified programmers. mational programming. (5) Rates, terms and conditions. (i) In (2) Qualified programmer. For purposes making the required reserved capacity of these rules, a qualified programmer available, DBS providers cannot charge is: rates that exceed costs that are di- (i) A noncommercial educational rectly related to making the capacity broadcast station as defined in section available to qualified programmers. Di- 397(6) of the Communications Act of rect costs include only the cost of 1934, as amended, (ii) A public telecommunications en- transmitting the signal to the uplink tity as defined in section 397(12) of the facility and uplinking the signal to the Communications Act of 1934, as amend- satellite. ed, (ii) Rates for capacity reserved under (iii) An accredited nonprofit edu- paragraph (a) of this section shall not cational institution or a governmental exceed 50 percent of the direct costs as organization engaged in the formal defined in this section. education of enrolled students (A pub- (iii) Nothing in this section shall be licly supported educational institution construed to prohibit DBS providers must be accredited by the appropriate from negotiating rates with qualified state department of education; a pri- programmers that are less than 50 per- vately controlled educational institu- cent of direct costs or from paying tion must be accredited by the appro- qualified programmers for the use of priate state department of education or their programming.

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(iv) DBS providers shall reserve dis- (7) Effective date. DBS providers are crete channels and offer these to quali- required to make channel capacity fying programmers at consistent times available pursuant to this section upon to fulfill the reservation requirement the effective date. Programming pro- described in these rules. vided pursuant to this rule must be (6) Public file. (i) In addition to the available to the public no later than political file requirements in § 25.701, six months after the effective date. each DBS provider shall maintain in [69 FR 23157, Apr. 28, 2004, as amended at 72 the online file hosted by the Commis- FR 50033, Aug. 29, 2007; 78 FR 8431, Feb. 6, sion a complete and orderly record of: 2013; 81 FR 10122, Feb. 29, 2016] (A) Quarterly measurements of channel capacity and yearly average cal- § 25.702 Other SDARS Public interest culations on which it bases its four per- obligations. cent reservation, as well as its response (a) Political broadcasting requirements. to any capacity changes; The following political broadcasting (B) A record of entities to whom non- rules shall apply to all SDARS licens- commercial capacity is being provided, ees: 47 CFR 73.1940 (Legally qualified the amount of capacity being provided candidates for public office), 73.1941 to each entity, the conditions under (Equal opportunities), 73.1942 (Can- which it is being provided and the didate rates), and 73.1944 (Reasonable rates, if any, being paid by the entity; access). (C) A record of entities that have re- (b) Political file. Each SDARS licensee quested capacity, disposition of those shall maintain a complete and orderly requests and reasons for the disposi- political file. tion. (1) The political file shall contain, at (ii) All records required by paragraph a minimum: (i) of this paragraph shall be placed in (i) A record of all requests for SDARS the online file hosted by the Commis- origination time, the disposition of sion as soon as possible and shall be re- those requests, and the charges made, tained for a period of two years. if any, if the request is granted. The (iii) Each DBS provider must also ‘‘disposition’’ includes the schedule of place in the online file hosted by the time purchased, when spots actually Commission the records required to be aired, the rates charged, and the class- placed in the public inspection file by es of time purchased; and § 25.701(e) (commercial limits in chil- (ii) A record of the free time provided dren’s programs) and by § 25.601 and 47 if free time is provided for use by or on CFR part 76, subpart E (equal employ- behalf of candidates. ment opportunity requirements) and (2) SDARS licensees shall place all retain those records for the period re- records required by this section in the quired by those rules. political file as soon as possible and (iv) Each DBS provider must provide shall retain the records for a period of a link to the online public inspection two years. After the effective date of file hosted on the Commission’s Web this section, SDARS licensees shall site from the home page of its own Web place all new political file material re- site, if the provider has a Web site, and quired to be retained by this section in provide on its Web site contact infor- the online public file hosted by the mation for a representative who can Commission. assist any person with disabilities with (c) Public inspection file. (1) Each issues related to the content of the SDARS applicant or licensee must also public files. Each DBS provider also place in the online public file hosted by must include in the online public file the Commission the records required to hosted by the Commission the address be placed in the public inspection file of the provider’s local public file, if the by 47 CFR 25.601 and 73.2080 (equal em- provider retains documents in the local ployment opportunities (EEO)) and re- public file that are not available in the tain those records for the period re- Commission’s online file, and the quired by those rules. name, phone number, and email ad- (2) Each SDARS licensee must pro- dress of the provider’s designated con- vide a link to the public inspection file tact for questions about the public file. hosted on the Commission’s Web site

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from the home page of its own Web 27.56 Antenna structures; air navigation site, if the licensee has a Web site, and safety. provide on its Web site contact infor- 27.57 International coordination. mation for a representative who can 27.58 Interference to BRS/EBS receivers. 27.59 [Reserved] assist any person with disabilities with 27.60 TV/DTV interference protection cri- issues related to the content of the teria. public files. Each SDARS licensee also 27.61–27.62 [Reserved] must include in the online public file 27.64 Protection from interference. the address of the licensee’s local pub- 27.65 Acceptance of interference in 2000–2020 lic file, if the licensee retains docu- MHz. ments in the local public file that are 27.66 Discontinuance, reduction, or impair- not available in the Commission’s on- ment of service. line file, and the name, phone number, 27.70 Information exchange. and email address of the licensee’s des- 27.72 Information sharing requirements. 27.73 WCS, AMT, and Goldstone coordina- ignated contact for questions about the tion requirements. public file. 27.75 Basic interoperability requirement. [81 FR 10122, Feb. 29, 2016] 27.77 Restriction on mobile and portable equipment in the 1695–1710 MHz and 1755– 1780 MHz bands. PART 27—MISCELLANEOUS WIRE- LESS COMMUNICATIONS SERV- Subpart D—Competitive Bidding Proce- ICES dures for the 2305–2320 MHz and 2345–2360 MHz Bands Subpart A—General Information 27.201 WCS in the 2305–2320 MHz and 2345– Sec. 2360 MHz bands subject to competitive 27.1 Basis and purpose. bidding. 27.2 Permissible communications. 27.202–27.208 [Reserved] 27.3 Other applicable rule parts. 27.209 Designated entities; bidding credits; 27.4 Terms and definitions. unjust enrichment. 27.5 Frequencies. 27.210 Definitions. 27.6 Service areas. 27.9 Operation of certificated signal boost- Subpart E—Application, Licensing, and ers. Processing Rules for WCS

Subpart B—Applications and Licenses 27.301 [Reserved] 27.302 Eligibility. 27.10 Regulatory status. 27.303 Upper 700 MHz commercial and public 27.11 Initial authorization. safety coordination zone. 27.12 Eligibility. 27.304–27.307 [Reserved] 27.13 License period. 27.308 Technical content of applications. 27.14 Construction requirements; Criteria 27.310–27.320 [Reserved] for renewal. 27.321 Mutually exclusive applications. 27.15 Geographic partitioning and spectrum 27.322–27.325 [Reserved] disaggregation. 27.16 Network access requirements for Subpart F—Competitive Bidding Block C in the 746–757 and 776–787 MHz Procedures for the 698–806 MHz Band bands. 27.17 Discontinuance of service in the 600 27.501 746–758 MHz, 775–788 MHz, and 805–806 MHz band and the 1695–1710 MHz, 1755– MHz bands subject to competitive bid- 1780 MHz, 1915–1920 MHz, 1995–2000 MHz, ding. 2000–2020 MHz, 2155–2180 MHz, and 2180– 27.502 Designated entities. 2200 MHz bands. 27.20 Digital television transition education Subpart G—Guard Band Service (746–747/ reports. 776–777 MHz and 762–764/792–794 MHz Bands) Subpart C—Technical Standards 27.601 Authority and coordination require- 27.50 Power limits and duty cycle. ments. 27.51 Equipment authorization. 27.602 Lease agreements. 27.52 RF safety. 27.604 Limitation on licenses won at auc- 27.53 Emission limits. tion. 27.54 Frequency stability. 27.607 Performance requirements and an- 27.55 Power strength limits. nual reporting requirement.

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Subpart H—Competitive Bidding 27.1105 1695–1710 MHz, 1755–1780 MHz and Procedures for the 698–746 MHz Band 2155–2180 MHz bands subject to competitive bidding. 27.701 698–746 MHz bands subject to competi- 27.1106 Designated Entities in the 1695–1710 tive bidding. MHz, 1755–1780 MHz, and 2155–2180 MHz 27.702 Designated entities. bands.

Subpart I—1.4 GHz Band RELOCATION OF INCUMBENTS 27.1111 Relocation of fixed microwave serv- 27.801 Scope. ice licensees in the 2110–2150 and 2160–2200 27.802 Permissible communications. MHz bands. 27.803 Coordination requirements. 27.804 Field strength limits at WMTS facil- PROTECTION OF INCUMBENT OPERATIONS ity. 27.1131 Protection of part 101 operations. 27.805 Geographic partitioning and spec- 27.1132 Protection of incumbent operations trum disaggregation. in the 2150–2160/62 MHz band. 27.806 1.4 GHz service licenses subject to 27.1133 Protection of part 74 and part 78 op- competitive bidding. erations. 27.807 Designated entities. 27.1134 Protection of Federal Government operations. Subpart J—1670–1675 MHz Band 27.1135 Protection of non-Federal Govern- ment Meteorological-Satellite oper- 27.901 Scope. ations. 27.902 Permissible communications. 27.1136 Protection of mobile satellite serv- 27.903 Coordination requirements. ices in the 2000–2020 MHz and 2180–2200 27.904 Geographic partitioning and spec- MHz bands. trum disaggregation. COST-SHARING POLICIES GOVERNING MICRO- 27.905 1670–1675 MHz service licenses subject WAVE RELOCATION FROM THE 2110–2150 MHZ to competitive bidding. AND 2160–2200 MHZ BANDS 27.906 Designated entities. 27.1160 Cost-sharing requirements for AWS. Subpart K—1915–1920 MHz and 1995–2000 27.1162 Administration of the Cost-Sharing MHz Plan. 27.1164 The cost-sharing formula. LICENSING AND COMPETITIVE BIDDING 27.1166 Reimbursement under the Cost- PROVISIONS Sharing Plan. 27.1168 Triggering a Reimbursement Obliga- 27.1001 1915–1920 MHz and 1995–2000 MHz tion. bands subject to competitive bidding. 27.1170 Payment issues. 27.1002 Designated entities in the 1915–1920 27.1172 Dispute Resolution Under the Cost- MHz and 1995–2000 MHz bands Sharing Plan. 27.1174 Termination of Cost-Sharing Obliga- REIMBURSEMENT OBLIGATION OF LICENSEES AT tions. 1915–1920 MHZ AND 1995–2000 MHZ 27.1021 Reimbursement obligation of licens- COST-SHARING POLICIES GOVERNING ees at 1915–1920 MHz. BROADBAND RADIO SERVICE RELOCATION 27.1031 Reimbursement obligation of licens- FROM THE 2150–2160/62 MHZ BAND ees at 1995–2000 MHz. 27.1176 Cost-sharing requirements for AWS 27.1041 Termination of cost-sharing obliga- in the 2150–2160/62 MHz band. tions. 27.1178 Administration of the Cost-Sharing Plan. Subpart L—1695–1710 MHz, 1710–1755 27.1180 The cost-sharing formula. MHz, 1755–1780 MHz, 2110–2155 MHz, 27.1182 Reimbursement under the Cost- 2155–2180 MHz, 2180–2200 MHz Bands Sharing Plan. 27.1184 Triggering a reimbursement obliga- LICENSING AND COMPETITIVE BIDDING tion. PROVISIONS 27.1186 Payment issues. 27.1188 Dispute resolution under the Cost- 27.1101 1710–1755 MHz and 2110–2155 MHz Sharing Plan. bands subject to competitive bidding. 27.1190 Termination of cost-sharing obliga- 27.1102 Designated Entities in the 1710–1755 tions. MHz and 2110–2155 MHz bands. 27.1103 2000–2020 MHz and 2180–2200 MHz Subpart M—Broadband Radio Service and bands subject to competitive bidding. Educational Broadband Service 27.1104 Designated Entities in the 2000–2020 MHz and 2180–2200 MHz bands. 27.1200 Change to BRS and EBS.

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27.1201 EBS eligibility. 27.1301 Designated entities in the 600 MHz 27.1202 Cable/BRS cross-ownership. band. 27.1203 EBS programming requirements. 27.1206 Geographic service area. PROTECTION OF OTHER SERVICES 27.1207 BTA license authorization. 27.1310 Protection of Broadcast Television 27.1208 BTA service areas. Service in the 600 MHz Band from wire- 27.1209 Conversion of incumbent EBS and less operations. BRS stations to geographic area licensing. COORDINATION/NOTIFICATION REQUIREMENTS 27.1210 Remote control operation. 27.1320 Notification to white space database 27.1211 Unattended operation. administrators. 27.1212 License term. 27.1321 Requirements for operation of base 27.1213 Designated entity provisions for and fixed stations in the 600 MHz BRS in Commission auctions com- downlink band in close proximity to mencing prior to January 1, 2004. Radio Astronomy Observatories. 27.1214 EBS spectrum leasing arrangements and grandfathered leases. AUTHORITY: 47 U.S.C. 154, 301, 302a, 303, 307, 27.1215 BRS grandfathered leases. 309, 332, 336, 337, 1403, 1404, 1451, and 1452, un- 27.1216 Grandfathered E and F group EBS li- less otherwise noted. censes. SOURCE: 62 FR 9658, Mar. 3, 1997, unless oth- 27.1217 Competitive bidding procedures for erwise noted. the Broadband Radio Service. 27.1218 Designated entities. Subpart A—General Information TECHNICAL STANDARDS § 27.1 Basis and purpose. 27.1220 Transmission standards. 27.1221 Interference protection. This section contains the statutory 27.1222 Operations in the 2568–2572 and 2614– basis for this part of the rules and pro- 2618 bands. vides the purpose for which this part is issued. POLICIES GOVERNING THE TRANSITION OF THE (a) Basis. The rules for miscellaneous 2500–2690 MHZ BAND FOR BRS AND EBS wireless communications services 27.1230 Conversion of the 2500–2690 MHz (WCS) in this part are promulgated band. under the provisions of the Commu- 27.1231 Initiating the transition. nications Act of 1934, as amended, that 27.1232 Planning the transition. 27.1233 Reimbursement costs of vest authority in the Federal Commu- transitioning. nications Commission to regulate radio 27.1234 Terminating existing operations in transmission and to issue licenses for transitioned markets. radio stations. 27.1235 Post-transition notification. (b) Purpose. This part states the con- 27.1236 Self-transitions. ditions under which spectrum is made 27.1237 Pro rata allocation of transition available and licensed for the provision costs. of wireless communications services in 27.1238 Eligible costs. the following bands. 27.1239 Reimbursement obligation. (1) 2305–2320 MHz and 2345–2360 MHz. RELOCATION PROCEDURES FOR THE 2150–2160/62 (2) 746–758 MHz, 775–788 MHz, and 805– MHZ BAND 806 MHz. 27.1250 Transition of the 2150–2160/62 MHz (3) 698–746 MHz. band from the Broadband Radio Service (4) 1390–1392 MHz. to the Advanced Wireless Service. (5) 1392–1395 MHz and 1432–1435 MHz. 27.1251 Mandatory negotiations. (6) 1670–1675 MHz. 27.1252 Involuntary relocation procedures. (7) 1915–1920 MHz and 1995–2000 MHz. 27.1253 Sunset provisions. (8) 1710–1755 MHz and 2110–2155 MHz. 27.1254 Eligibility. (9) 2495–2690 MHz. 27.1255 Relocation criteria for Broadband (10) 2000–2020 MHz and 2180–2200 MHz. Radio Service licensees in the 2150–2160/62 (11) 1695–1710 MHz. MHz band. (12) 1755–1780 MHz. Subpart N—600 MHz Band (13) 2155–2180 MHz. (14) Spectrum in the 470–698 MHz UHF COMPETITIVE BIDDING PROVISIONS band that has been reallocated and re- 27.1300 600 MHz band subject to competitive designated for flexible fixed and mobile bidding. use pursuant to section 6403 of the

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Spectrum Act. The specific frequencies quencies may not be used for uplink and number of channel blocks will be transmission and must be used only for determined in light of further pro- downlink transmissions. ceedings pursuant to Docket No. 12–268 and the rule will be updated accord- [65 FR 3144, Jan. 20, 2000, as amended at 65 FR 17601, Apr. 4, 2000; 72 FR 48843, Aug. 24, ingly pursuant to a future public no- 2007; 78 FR 8267, Feb. 5, 2013; 78 FR 66316, Nov. tice. 5, 2013] (c) Scope. The rules in this part apply only to stations authorized under this § 27.3 Other applicable rule parts. part. Other FCC rule parts applicable to [62 FR 9658, Mar. 3, 1997, as amended at 65 FR the Wireless Communications Service 3144, Jan. 20, 2000; 65 FR 17601, Apr. 4, 2000; 67 include the following: FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 69 FR 5714, Feb. 6, 2004; 69 FR 72031, Dec. (a) Part 0. This part describes the 10, 2004; 69 FR 77949, Dec. 29, 2004; 72 FR 48843, Commission’s organization and delega- Aug. 24, 2007; 77 FR 62462, Oct. 15, 2012; 78 FR tions of authority. Part 0 of this chap- 8267, Feb. 5, 2013; 78 FR 50254, Aug. 16, 2013; 79 ter also lists available Commission FR 32410, June 4, 2014; 79 FR 48536, Aug. 15, publications, standards and procedures 2014] for access to Commission records, and location of Commission Field Offices. § 27.2 Permissible communications. (b) Part 1. This part includes rules of (a) Miscellaneous wireless communica- practice and procedure for license ap- tions services. Except as provided in plications, adjudicatory proceedings, paragraph (b) or (d) of this section and procedures for reconsideration and re- subject to technical and other rules view of the Commission’s actions; pro- contained in this part, a licensee in the visions concerning violation notices frequency bands specified in § 27.5 may and forfeiture proceedings; competitive provide any services for which its fre- bidding procedures; and the environ- quency bands are allocated, as set forth mental requirements that, together in the non-Federal Government column with the procedures specified in § 17.4(c) of the Table of Allocations in § 2.106 of of this chapter, if applicable, must be this chapter (column 5). complied with prior to the initiation of (b) 775–776 MHz and 805–806 MHz construction. Subpart F includes the bands. Operators in the 775–776 MHz and rules for the Wireless Telecommuni- 805–806 MHz bands may not employ a cations Services and the procedures for cellular system architecture. A cel- filing electronically via the ULS. lular system architecture is defined, (c) Part 2. This part contains the for purposes of this part, as one that consists of many small areas or cells Table of Frequency Allocations and (segmented from a larger geographic special requirements in international service area), each of which uses its regulations, recommendations, agree- own base station, to enable frequencies ments, and treaties. This part also con- to be reused at relatively short dis- tains standards and procedures con- tances. cerning the marketing and importation (c) Satellite DARS. Satellite digital of radio frequency devices, and for ob- audio radio service (DARS) may be pro- taining equipment authorization. vided using the 2310–2320 and 2345–2360 (d) Part 5. This part contains rules MHz bands. Satellite DARS service prescribing the manner in which parts shall be provided in a manner con- of the radio frequency spectrum may sistent with part 25 of this chapter. be made available for experimentation. (d) 2000–2020 MHz and 2180–2200 MHz (e) Part 15. This part sets forth the bands. Operators in the 2000–2020 MHz requirements and conditions applicable and 2180–2200 MHz bands may not pro- to certain radio frequency devices. vide the mobile-satellite service under (f) Part 17. This part contains require- the provisions of this part; rather, mo- ments for the construction, marking bile-satellite service shall be provided and lighting of antenna towers, and the in a manner consistent with part 25 of environmental notification process this chapter. that must be completed before filing (e) 716–722 MHz and 722–728 MHz certain antenna structure registration bands. The 716–722 and 722–728 MHz fre- applications.

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(g) Part 20. This part sets forth the Affiliate. This term shall have the requirements and conditions applicable same meaning as that for ‘‘affiliate’’ in to commercial mobile radio service part 1, § 1.2110(b)(5) of this chapter. providers. Assigned frequency. The center of the (h) Part 22. This part sets forth the frequency band assigned to a station. requirements and conditions applicable Attended operation. Operation of a to public mobile services. station by a designated person on duty (i) Part 24. This part sets forth the re- at the place where the transmitting ap- quirements and conditions applicable paratus is located with the transmitter to personal communications services. in the person’s plain view. (j) Part 25. This part contains the re- Authorized bandwidth. The maximum quirements for satellite communica- width of the band of frequencies per- tions, including satellite DARS. mitted to be used by a station. This is (k) Part 51. This part contains gen- normally considered to be the nec- eral duties of telecommunications car- essary or occupied bandwidth, which- riers to provide for interconnection ever is greater. with other telecommunications car- Average terrain. The average ele- riers. vation of terrain between 3 and 16 kilo- (l) Part 64. This part sets forth the re- meters from the antenna site. quirements and conditions applicable Base station. A land station in the to telecommunications carriers under land mobile service. the Communications Assistance for Booster service area. A geographic Law Enforcement Act. area to be designated by an applicant (m) Part 68. This part contains tech- for a booster station, within which the nical standards for connection of ter- booster station shall be entitled to pro- minal equipment to the telephone net- tection against interference as set work. forth in this part. The booster service (n) Part 73. This part sets forth the area must be specified by the applicant requirements and conditions applicable so as not to overlap the booster service to radio broadcast services. area of any other booster authorized to (o) Part 74. This part sets forth the or proposed by the applicant. However, requirements and conditions applicable a booster station may provide service to experimental radio, auxiliary, spe- to receive sites outside of its booster service area, at the licensee’s risk of cial broadcast and other program dis- interference. The booster station must tributional services. be capable of providing substantial (p) Part 90. This part sets forth the service within the designated booster requirements and conditions applicable service area. to private land mobile radio services. Broadband Radio Service (BRS). A (q) Part 101. This part sets forth the radio service using certain frequencies requirements and conditions applicable in the 2150–2162 and 2496–2690 MHz to fixed microwave services. bands which can be used to provide [62 FR 9658, Mar. 3, 1997, as amended at 63 FR fixed and mobile services, except for 68954, Dec. 14, 1998; 65 FR 3144, Jan. 20, 2000; aeronautical services. 67 FR 5510, Feb. 6, 2002; 69 FR 5714, Feb. 6, Broadcast services. This term shall 2004; 69 FR 72031, Dec. 10, 2004; 70 FR 61059, have the same meaning as that for Oct. 20, 2005; 77 FR 3955, Jan. 26, 2012] ‘‘broadcasting’’ in section 3(6) of the Communications Act of 1934, i.e., ‘‘the § 27.4 Terms and definitions. dissemination of radio communications 600 MHz service. A intended to be received by the public, radiocommunication service licensed directly or by the intermediary of pursuant to this part for the frequency relay stations.’’ 47 U.S.C. 153(6). bands specified in § 27.5(l). Commence operations. A 600 MHz Band Advanced Wireless Service (AWS). A licensee is deemed to commence oper- radiocommunication service licensed ations when it begins pre-launch site pursuant to this part for the frequency activation and commissioning tests bands specified in § 27.5(h), 27.5(j), or using permanent base station equip- 27.5(k). ment, antennas and/or tower locations

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as part of its site and system optimiza- Land mobile service. A mobile service tion in the area of its planned commer- between base stations and land mobile cial service infrastructure deployment. stations, or between land mobile sta- Commercial EBS licensee. A licensee tions. authorized to operate on EBS channels Land mobile station. A mobile station pursuant to the provisions of § 27.1201(c) in the land mobile service capable of contained in the edition of 47 CFR surface movement within the geo- parts 20 to 39, revised as of October 1, graphic limits of a country or con- 2005, or §§ 74.990 through 74.992 continent. tained in the edition of 47 CFR parts 70 Land station. A station in the mobile to 79, revised as of October 1, 2004, of service not intended to be used while in this chapter, and that does not meet motion. the eligibility requirements of Lower Band Segment (LBS). Segment § 27.1201(a). of the BRS/EBS band consisting of Documented complaint. A complaint channels in the frequencies 2496–2572 that a party is suffering from non-con- MHz. sensual interference. A documented Middle Band Segment (MBS). Segment complaint must contain a certification of the BRS/EBS band consisting of that the complainant has contacted channels in the frequencies 2572–2614 the operator of the allegedly offending MHz. facility and tried to resolve the situa- Mobile service. A radio communication prior to filing. The complaint tion service between mobile and land must then specify the nature of the in- stations, or between mobile stations. terference, whether the interference is Mobile station. A station in the mo- constant or intermittent, when the in- bile service intended to be used while terference began and the site(s) most in motion or during halts at unspec- likely to be causing the interference. ified points. The complaint should be accompanied National Geodetic Reference System by a videotape or other evidence show- (NGRS). The name given to all geodetic ing the effects of the interference. The control data contained in the National complaint must contain a motion for a Geodetic Survey (NGS) data base. temporary order to have the inter- (Source: National Geodetic Survey, fering station cease transmitting. The U.S. Department of Commerce) complaint must be filed with the Sec- Point-to-point Broadband station. A retary’s office and served on the alleg- Broadband station that transmits a edly offending party. highly directional signal from a fixed Educational Broadband Service (EBS). transmitter location to a fixed receive A fixed or mobile service, the licensees location. of which are educational institutions Portable device. Transmitters de- or non-profit educational organiza- signed to be used within 20 centimeters tions, and intended primarily for video, of the body of the user. data, or voice transmissions of instruc- Post-auction transition period. The 39- tional, cultural, and other types of edu- month period commencing upon the cational material to one or more re- public release of the Channel Reassign- ceiving locations. ment Public Notice as defined in Effective Radiated Power (ERP) (in a § 73.3700(a) of this chapter. given direction). The product of the Public Safety Broadband Licensee. The power supplied to the antenna and its licensee of the Public Safety gain relative to a half-wave dipole in a Broadband License in the 763–768 MHz given direction. and 793–798 MHz bands. Equivalent Isotropically Radiated Radiodetermination. The determina- Power (EIRP). The product of the power tion of the position, velocity and/or supplied to the antenna and the another characteristics of an object, or tenna gain in a given direction relative the obtaining of information relating to an isotropic antenna. to these parameters, by means of the Fixed service. A radio communication propagation properties of radio waves. service between specified fixed points. Radiolocation. Radiodetermination Fixed station. A station in the fixed used for purposes other than those of service. radionavigation.

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Radiolocation land station. A station entire bandwidth of the medium during in the radiolocation service not in- its interval. This implies that one tended to be used while in motion. transmitter uses one channel to send Radiolocation mobile station. A station several bit streams of information. intended to be used while in motion or Unattended operation. Operation of a during halts at unspecified points. station by automatic means whereby Radionavigation. Radiodetermination the transmitter is turned on and off used for the purpose of navigation, in- and performs its functions without at- cluding obstruction warning. tention by a designated person. Remote control. Operation of a station Universal Licensing System. The Uni- by a designated person at a control po- versal Licensing System (ULS) is the sition from which the transmitter is consolidated database, application fil- not visible but where suitable control ing system, and processing system for and telemetering circuits are provided all Wireless Radio Services. ULS sup- which allow the performance of the es- ports electronic filing of all applica- sential functions that could be per- tions and related documents by appli- formed at the transmitter. cants and licensees in the Wireless Satellite Digital Audio Radio Service Radio Services, and provides public ac- (satellite DARS). A radiocommunication cess to licensing information. service in which compact disc quality Upper 700 MHz D Block license. The programming is digitally transmitted Upper 700 MHz D Block license is the by one or more space stations. nationwide license associated with the Sectorization. The use of an antenna 758–763 MHz and 788–793 MHz bands. system at any broadband station, Upper Band Segment (UBS). Segment booster station and/or response station of the BRS/EBS band consisting of hub that is capable of simultaneously channels in the frequencies 2614–2690 transmitting multiple signals over the MHz same frequencies to different portions Wireless communications service. A of the service area and/or simulta- radiocommunication service licensed neously receiving multiple signals over pursuant to this part for the frequency the same frequencies from different bands specified in § 27.5. portions of the service area. [62 FR 9658, Mar. 3, 1997] Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax EDITORIAL NOTE: For FEDERAL REGISTER ci- Relief and Job Creation Act of 2012 tations affecting § 27.4, see the List of CFR (Pub. L. 112–96). Sections Affected, which appears in the Finding Aids section of the printed volume Studio to transmitter link (STL). A di- and at www.fdsys.gov. rectional path used to transmit a signal from a station’s studio to its trans- § 27.5 Frequencies. mitter. (a) 2305–2320 MHz and 2345–2360 MHz A Temporary fixed broadband station. bands. The following frequencies are broadband station used for the trans- available for WCS in the 2305–2320 MHz mission of material from temporary and 2345–2360 MHz bands: unspecified points to a broadband sta- (1) Two paired channel blocks are tion. available for assignment on a Major Time division multiple access (TDMA). Economic Area basis as follows: A multiple access technique whereby users share a transmission medium by Block A: 2305–2310 and 2350–2355 MHz; and being assigned and using (one-at-a- Block B: 2310–2315 and 2355–2360 MHz. time) for a limited number of time di- (2) Two unpaired channel blocks are vision mulitplexed channels; implies available for assignment on a Regional that several transmitters use one chan- Economic Area Grouping basis as fol- nel for sending several bit streams. lows: Time division multiplexing (TDM). A multiplexing technique whereby two or Block C: 2315–2320 MHz; and more channels are derived from a Block D: 2345–2350 MHz. transmission medium by dividing ac- (b) 746–758 MHz, 775–788 MHz, and 805– cess to the medium into sequential in- 806 MHz bands. The following fre- tervals. Each channel has access to the quencies are available for licensing

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pursuant to this part in the 746–758 (f) 1670–1675 MHz band. The 1670–1675 MHz, 775–788 MHz, and 805–806 MHz MHz band is available for assignment bands: on a nationwide basis. (1) Two paired channels of 1 mega- (g) [Reserved] hertz each are available for assignment (h) 1710–1755 MHz, 2110–2155 MHz, 1695– in Block A in the 757–758 MHz and 787– 1710 MHz, 1755–1780 MHz, and 2155–2180 788 MHz bands. MHz bands. The following frequencies (2) Two paired channels of 1 mega- are available for licensing pursuant to hertz each are available for assignment this part in the 1710–1755 MHz, 2110–2155 in Block B in the 775–776 MHz and 805– MHz, 1695–1710 MHz, 1755–1780 MHz, and 806 MHz bands. 2155–2180 MHz bands: (3) Two paired channels of 11 mega- (1) Four paired channel blocks of 10 hertz each are available for assignment megahertz each are available for as- in Block C in the 746–757 MHz and 776– signment as follows: 787 MHz bands. In the event that no li- Block A: 1710–1720 MHz and 2110–2120 MHz; censes for two channels in this Block C Block B: 1720–1730 MHz and 2120–2130 MHz; are assigned based on the results of the Block F: 1745–1755 MHz and 2145–2155 MHz; first auction in which such licenses and were offered because the auction re- Block J: 1770–1780 MHz and 2170–2180 MHz. sults do not satisfy the applicable re- (2) Six paired channel blocks of 5 serve price, the spectrum in the 746–757 megahertz each are available for as- MHz and 776–787 MHz bands will instead signment as follows: Block C: 1730–1735 MHz and 2130–2135 MHz; be made available for assignment at a Block D: 1735–1740 MHz and 2135–2140 MHz; subsequent auction as follows: Block E: 1740–1745 MHz and 2140–2145 MHz; (i) Two paired channels of 6 mega- Block G: 1755–1760 MHz and 2155–2160 MHz; hertz each available for assignment in Block H: 1760–1765 MHz and 2160–2165 MHz; Block C1 in the 746–752 MHz and 776–782 and MHz bands. Block I: 1765–1770 MHz and 2165–2170 MHz. (ii) Two paired channels of 5 mega- (3) One unpaired block of 5 megahertz hertz each available for assignment in and one unpaired block of 10 megahertz Block C2 in the 752–757 MHz and 782–787 each are available for assignment as MHz bands. follows: (c) 698–746 MHz band. The following Block A1: 1695–1700 MHz frequencies are available for licensing Block B1: 1700–1710 MHz. pursuant to this part in the 698–746 NOTE TO PARAGRAPH (h). Licenses to oper- MHz band: ate in the 1695–1710 MHz and 1755–1780 MHz (1) Three paired channel blocks of 12 bands are subject to the condition that the megahertz each are available for as- licensee must not cause harmful interference signment as follows: to an incumbent Federal entity relocating from these bands under an approved Transi- Block A: 698–704 MHz and 728–734 MHz; tion Plan. This condition remains in effect Block B: 704–710 MHz and 734–740 MHz; and until NTIA terminates the applicable au- Block C: 710–716 MHz and 740–746 MHz. thorization of the incumbent Federal entity. (2) Two unpaired channel blocks of 6 (i) Frequency assignments for the BRS/ megahertz each are available for as- EBS band. (1) Pre-transition frequency signment as follows: assignments. Block D: 716–722 MHz; and BRS Channel 1: 2150–2156 MHz or 2496–2500 Block E: 722–728 MHz. MHz BRS Channel 2: 2156–2162 MHz or 2686–2690 (d) 1390–1392 MHz band. The 1390–1392 MHz MHz band is available for assignment BRS Channel 2A: 2156–2160 MHz on a Major Economic Area basis. EBS Channel A1: 2500–2506 MHz (e) The paired 1392–1395 and 1432–1435 EBS Channel B1: 2506–2512 MHz MHz bands. The paired 1392–1395 MHz EBS Channel A2: 2512–2518 MHz and 1432–1435 MHz bands are available EBS Channel B2: 2518–2524 MHz for assignment on an Economic Area EBS Channel A3: 2524–2530 MHz EBS Channel B3: 2530–2536 MHz Grouping basis as follows: Block A: EBS Channel A4: 2536–2542 MHz 1392–1393.5 MHz and 1432–1433.5 MHz; EBS Channel B4: 2542–2548 MHz and Block B: 1393.5–1395 MHz and 1433.5– EBS Channel C1: 2548–2554 MHz 1435 MHz. EBS Channel D1: 2554–2560 MHz

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EBS Channel C2: 2560–2566 MHz EBS Channel C4: 2584–2590 MHz EBS Channel D2: 2566–2572 MHz EBS Channel D4: 2590–2596 MHz EBS Channel C3: 2572–2578 MHz EBS Channel G4: 2596–2602 MHz EBS Channel D3: 2578–2584 MHz BRS/EBS Channel F4: 2602–2608 MHz EBS Channel C4: 2584–2590 MHz BRS/EBS Channel E4: 2608–2614 MHz EBS Channel D4: 2590–2596 MHz BRS Channel E1: 2596–2602 MHz (iii) Upper Band Segment (UBS): The BRS Channel F1: 2602–2608 MHz following channels shall constitute the BRS Channel E2: 2608–2614 MHz Upper Band Segment: BRS Channel F2: 2614–2620 MHz BRS Channel E3: 2620–2626 MHz BRS Channel KH1: 2614.00000–2614.33333 MHz. BRS Channel F3: 2626–2632 MHz BRS Channel KH2: 2614.33333–2614.66666 MHz. BRS Channel E4: 2632–2638 MHz BRS Channel KH3: 2614.66666–2615.00000 MHz. BRS Channel F4: 2638–2644 MHz EBS Channel KG1: 2615.00000–2615.33333 MHz. EBS Channel G1: 2644–2650 MHz EBS Channel KG2: 2615.33333–2615.66666 MHz. BRS Channel H1: 2650–2656 MHz EBS Channel KG3: 2615.66666–2616.00000 MHz. EBS Channel G2: 2656–2662 MHz BRS Channel KF1: 2616.00000–2616.33333 MHz. BRS Channel H2: 2662–2668 MHz BRS Channel KF2: 2616.33333–2616.66666 MHz. EBS Channel G3: 2668–2674 MHz BRS Channel KF3: 2616.66666–2617.00000 MHz. BRS Channel H3: 2674–2680 MHz BRS Channel KE1: 2617.00000–2617.33333 MHz. EBS Channel G4: 2680–2686 MHz BRS Channel KE2: 2617.33333–2617.66666 MHz. I Channels: 2686–2690 MHz BRS Channel KE3: 2617.66666–2618.00000 MHz. BRS Channel 2: 2618–2624 MHz or 2156–2162 (2) Post transition frequency assign- MHz. ments. The frequencies available in the BRS Channel 2A: 2618–2624 MHz or 2156–2160 Broadband Radio Service (BRS) and MHz. Educational Broadband Service (EBS) BRS/EBS Channel E1: 2624–2629.5 MHz. are listed in this section in accordance BRS/EBS Channel E2: 2629.5–2635 MHz. with the frequency allocations table of BRS/EBS Channel E3: 2635–2640.5 MHz. § 2.106 of this chapter. BRS/EBS Channel F1: 2640.5–2646 MHz. (i) Lower Band Segment (LBS): The BRS/EBS Channel F2: 2646–2651.5 MHz. following channels shall constitute the BRS/EBS Channel F3: 2651.5–2657 MHz. BRS Channel H1: 2657–2662.5 MHz. Lower Band Segment: BRS Channel H2: 2662.5–2668 MHz. BRS Channel 1: 2496–2502 MHz or 2150–2156 BRS Channel H3: 2668–2673.5 MHz. MHz EBS Channel G1: 2673.5–2679 MHz. EBS Channel A1: 2502–2507.5 MHz EBS Channel G2: 2679–2684.5 MHz. EBS Channel A2: 2507.5–2513 MHz EBS Channel G3: 2684.5–2690 MHz. EBS Channel A3: 2513–2518.5 MHz NOTE TO PARAGRAPH (i)(2): No 125 kHz chan- EBS Channel B1: 2518.5–2524 MHz nels are provided for channels in operation in EBS Channel B2: 2524–2529.5 MHz this service. The 125 kHz channels previously EBS Channel B3: 2529.5–2535 MHz associated with these channels have been re- EBS Channel C1: 2535–2540.5 MHz allocated to Channel G3 in the upper band EBS Channel C2: 2540.5–2546 MHz segment. EBS Channel C3: 2546–2551.5 MHz EBS Channel D1: 2551.5–2557 MHz (3) During the transition (see EBS Channel D2: 2557–2562.5 MHz §§ 27.1230–27.1239) EBS and BRS licens- EBS Channel D3: 2562.5–2568 MHz ees may exchange channels to effec- EBS Channel JA1: 2568.00000–2568.33333 MHz EBS Channel JA2: 2568.33333–2568.66666 MHz tuate the transition of the 2.5 GHz band EBS Channel JA3: 2568.66666–2569.00000 MHz in a given BTA. EBS Channel JB1: 2569.00000–2569.33333 MHz (4) A temporary fixed broadband sta- EBS Channel JB2: 2569.33333–2569.66666 MHz tion may use any available broadband EBS Channel JB3: 2569.66666–2570.00000 MHz channel on a secondary basis, except EBS Channel JC1: 2570.00000–2570.33333 MHz that operation of temporary fixed EBS Channel JC2: 2570.33333–2570.66666 MHz broadband stations is not allowed with- EBS Channel JC3: 2570.66666–2571.00000 MHz in 56.3 km (35 miles) of Canada. EBS Channel JD1: 2571.00000–2571.33333 MHz EBS Channel JD2: 2571.33333–2571.66666 MHz (5)(i) A point-to-point EBS station on EBS Channel JD3: 2571.66666–2572.00000 MHz the E and F-channel frequencies, may be involuntarily displaced by a BRS ap- (ii) Middle Band Segment (MBS): The plicant or licensee, provided that suit- following channels shall constitute the able alternative spectrum is available Middle Band Segment: and that the BRS entity bears the ex- EBS Channel A4: 2572–2578 MHz penses of the migration. Suitability of EBS Channel B4: 2578–2584 MHz spectrum will be determined on a case-

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by-base basis; at a minimum, the alter- of service, and the broadband licensee native spectrum must be licensable by has the right to inspect the construc- broadband operators on a primary basis tion or installation work. (although it need not be specifically al- (j) 2000–2020 MHz and 2180–2200 MHz located to the broadband service), and bands. The following frequencies are must provide a signal that is equiva- available for licensing pursuant to this lent to the prior signal in picture qual- part in the 2000–2020 MHz and 2180–2200 ity and reliability, unless the MHz (AWS–4) bands: broadband licensee will accept an infe- (1) Two paired channel blocks of 10 rior signal. Potential expansion of the megahertz each are available for as- BRS licensee may be considered in de- signment as follows: Block A: 2000–2010 termining whether alternative avail- MHz and 2180–2190 MHz; and Block B: able spectrum is suitable. 2010–2020 MHz and 2190–2200 MHz. (ii) If suitable alternative spectrum (2) [Reserved] is located pursuant to paragraph (h)(6)(i) of this section, the initiating (k) 1915–1920 MHz and 1995–2000 MHz party must prepare and file the appro- bands. The paired 1915–1920 MHz and priate application for the new spec- 1995–2000 MHz bands are available for trum, and must simultaneously serve a assignment on an Economic Area (EA) copy of the application on the EBS li- basis. censee to be moved. The initiating (l) 600 MHz band. In accordance with party will be responsible for all costs the terms and conditions established in connected with the migration, includ- Docket No. 12–268, pursuant to section ing purchasing, testing and installing 6403 of the Spectrum Act, paired chan- new equipment, labor costs, reconfig- nel blocks of 5 + 5 megahertz are avail- uration of existing equipment, admin- able for assignment on a Partial Eco- istrative costs, legal and engineering nomic Area basis. The specific fre- expenses necessary to prepare and file quencies and number of channel blocks the migration application, and other will be determined in light of further reasonable documented costs. The ini- proceedings pursuant to Docket No. 12– tiating party must secure a bond or es- 268 and the rule will be updated accord- tablish an escrow account to cover rea- ingly pursuant to a future public no- sonable incremental increase in ongo- tice. ing expenses that may fall upon the [62 FR 9658, Mar. 3, 1997] migrated licensee. The bond or escrow account should also account for the EDITORIAL NOTE: For FEDERAL REGISTER ci- possibility that the initiating party tations affecting § 27.5, see the List of CFR subsequently becomes bankrupt. If it Sections Affected, which appears in the becomes necessary for the Commission Finding Aids section of the printed volume to assess the sufficiency of a bond or and at www.fdsys.gov. escrow amount, it will take into ac- § 27.6 Service areas. count such factors as projected incremental increase in electricity or main- (a) WCS service areas include Eco- tenance expenses, or relocation ex- nomic Areas (EAs), Major Economic penses, as relevant in each case. Areas (MEAs), Regional Economic Area (iii) The EBS licensee to be moved Groupings (REAGs), cellular markets will have a 60-day period in which to comprising Metropolitan Statistical oppose the involuntary migration. The Areas (MSAs) and Rural Service Areas broadband party should state its oppo- (RSAs), and a nationwide area. MEAs sition to the migration with speci- and REAGs are defined in the Table ficity, including engineering and other immediately following paragraph (a)(1) challenges, and a comparison of the of this section. Both MEAs and REAGs present site and the proposed new site. are based on the U.S. Department of If involuntary migration is granted, Commerce’s EAs. See 60 FR 13114 the new facilities must be operational (March 10, 1995). In addition, the Com- before the initiating party will be permission shall separately license Guam mitted to begin its new or modified op- and the Northern Mariana Islands, erations. The migration must not dis- Puerto Rico and the United States Vir- rupt the broadband licensee’s provision gin Islands, American Samoa, and the

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Gulf of Mexico, which have been as- copying at the Reference Information signed Commission-created EA num- Center, Consumer and Governmental bers 173–176, respectively. The nation- Affairs Bureau, Federal Communica- wide area is composed of the contig- tions Commission, 445 12th Street, SW., uous 48 states, Alaska, Hawaii, the Gulf Washington, DC 20554. of Mexico, and the U.S. territories. (1) The 52 MEAs are composed of one Maps of the EAs, MEAs, MSAs, RSAs, or more EAs and the 12 REAGs are and REAGs and the FEDERAL REGISTER composed of one or more MEAs, as de- Notice that established the 172 EAs are fined in the table below: available for public inspection and

REAGs MEAs EAs

1 (Northeast) ...... 1 (Boston) ...... 1–3. 2 (New York City) ...... 4–7, 10. 3 (Buffalo) ...... 8. 4 (Philadelphia) ...... 11–12. 2 (Southeast) ...... 5 (Washington) ...... 13–14. 6 (Richmond) ...... 15–17, 20. 7 (Charlotte-Greensboro-Greenville-Ra- 18–19, 21–26, 41–42, 46. leigh). 8 (Atlanta) ...... 27–28, 37–40, 43. 9 (Jacksonville) ...... 29, 35. 10 (Tampa-St. Petersburg-Orlando) ...... 30, 33–34. 11 (Miami) ...... 31–32. 3 (Great Lakes) ...... 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. 4 (Mississippi Valley) ...... 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. 5 (Central) ...... 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. 6 (West) ...... 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. 7 (Alaska) ...... 47 (Alaska) ...... 171. 8 (Hawaii) ...... 48 (Hawaii) ...... 172. 9 (Guam and the Northern Mariana Is- 49 (Guam and the Northern Mariana Is- 173. lands). lands). 10 (Puerto Rico and U.S. Virgin Islands) .. 50 (Puerto Rico and U.S. Virgin Islands) 174. 11 (American Samoa) ...... 51 (American Samoa) ...... 175. 12 (Gulf of Mexico) ...... 52 (Gulf of Mexico) ...... 176.

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(2) The Gulf of Mexico EA extends (2) Service areas for Block B in the from 12 nautical miles off the U.S. Gulf 704–710 MHz and 734–740 MHz bands and coast outward into the Gulf. Block C in the 710–716 MHz and 740–746 (b) 746–758 MHz, 775–788 MHz, and 805– MHz bands are based on cellular mar- 806 MHz bands. WCS service areas for kets comprising Metropolitan Statis- the 746–758 MHz, 775–788 MHz, and 805– tical Areas (MSAs) and Rural Service 806 MHz bands are as follows. Areas (RSAs) as defined by Public No- (1) Service areas for Block A in the tice Report No. CL–92–40 ‘‘Common 757–758 MHz and 787–788 MHz bands and Carrier Public Mobile Services Infor- Block B in the 775–776 MHz and 805–806 mation, Cellular MSA/RSA Markets MHz bands are based on Major Eco- and Counties,’’ dated January 24, 1992, nomic Areas (MEAs), as defined in DA 92–109, 7 FCC Rcd 742 (1992), with paragraphs (a)(1) and (a)(2) of this sec- the following modifications: tion. (i) The service areas of cellular mar- (2) Service areas for Block C in the kets that border the U.S. coastline of 746–757 MHz and 776–787 MHz bands are the Gulf of Mexico extend 12 nautical based on Regional Economic Area miles from the U.S. Gulf coastline. Groupings (REAGs) as defined by paragraph (a) of this section. In the event (ii) The service area of cellular mar- that no licenses with respect to service ket 306 that comprises the water area areas for Block C in the 746–757 MHz of the Gulf of Mexico extends from 12 and 776–787 MHz bands are assigned nautical miles off the U.S. Gulf coast based on the results of the first auction outward into the Gulf. in which such licenses are offered be- (3) Service areas for Block D in the cause the auction results do not satisfy 716–722 MHz band are based on Eco- the applicable reserve price, then serv- nomic Area Groupings (EAGs) as de- ice areas for the spectrum at 746–757 fined by the Federal Communications MHz and 776–787 MHz will instead be Commission. See 62 FR 15978 (April 3, available for assignment as follows: 1997) extended with the Gulf of Mexico. (i) Service areas for Block C1 in the See also paragraphs (a)(1) and (a)(2) of 746–752 MHz and 776–782 MHz bands are this section and 62 FR 9636 (March 3, based on Economic Areas (EAs) as de- 1997), in which the Commission created fined in paragraph (a) of this section. an additional four economic area-like (ii) Service areas for Block C2 in the areas for a total of 176. Maps of the 752–757 MHz and 782–787 MHz bands are EAGs and the FEDERAL REGISTER no- based on Regional Economic Area tice that established the 172 Economic Groupings (REAGs) as defined by para- Areas (EAs) are available for public in- graph (a) of this section. spection and copying at the Reference (c) 698–746 MHz band. WCS service Center, Room CY A–257, 445 12th St., areas for the 698–746 MHz band are as SW., Washington, DC 20554. These maps follows: and data are also available on the FCC (1) Service areas for Block A in the Web site at http://www.fcc.gov/oet/info/ 698–704 MHz and 728–734 MHz bands and maps/areas/. Block E in the 722–728 MHz band are (i) There are 6 EAGs, which are com- based on Economic Areas (EAs) as de- posed of multiple EAs as defined in the fined in paragraph (a) of this section. table below:

Economic area groupings Name Economic areas

EAG001 ...... Northeast ...... 1–11, 54. EAG002 ...... Mid-Atlantic ...... 12–26, 41, 42, 44–53, 70. EAG003 ...... Southeast ...... 27–40, 43, 69, 71–86, 88–90, 95, 96, 174, 176 (part). EAG004 ...... Great Lakes ...... 55–68, 97, 100–109. EAG005 ...... Central/Mountain ...... 87, 91–94, 98, 99, 110–146, 148, 149, 152, 154–159, 176 (part). EAG006 ...... Pacific ...... 147, 150, 151, 153, 160–173, 175.

NOTE 1 TO PARAGRAPH (c)(3)(i): Economic (April 3, 1997) extended with the Gulf of Mex- Area Groupings are defined by the Federal ico. Communications Commission; see 62 FR 15978

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NOTE 2 TO PARAGRAPH (c)(3)(i): Economic (i) The service areas of cellular mar- Areas are defined by the Regional Economic kets that border the U.S. coastline of Analysis Division, Bureau of Economic Anal- the Gulf of Mexico extend 12 nautical ysis, U.S. Department of Commerce Feb- ruary 1995 and extended by the Federal Com- miles from the U.S. Gulf coastline. munications Commission, see 62 FR 9636 (ii) The service area of cellular mar- (March 3, 1997). ket 306 that comprises the water area of the Gulf of Mexico extends from 12 (ii) For purposes of paragraph (c)(3)(i) nautical miles off the U.S. Gulf coast of this section, EA 176 (the Gulf of Mex- outward into the Gulf. ico) will be divided between EAG003 (2) Service areas for Blocks B (1720– (the Southeast EAG) and EAG005 (the 1730 MHz and 2120–2130 MHz) and C Central/Mountain EAG) in accordance (1730–1735 MHz and 2130–2135 MHz) are with the configuration of the Eastern/ based on Economic Areas (EAs) as de- Central and Western Planning Area es- fined in paragraph (a) of this section. tablished by the Mineral Management (3) Service areas for blocks D (1735– Services Bureau of the Department of 1740 MHz and 2135–2140 MHz), E (1740– the Interior (MMS). That portion of EA 1745 MHz and 2140–2145 MHz) and F 176 contained in the Eastern and Cen- (1745–1755 MHz and 2145–2155 MHz) are tral Planning Areas as defined by MMS based on Regional Economic Area will be included in EAG003; that portion of EA 176 contained in the Western Groupings (REAGs) as defined by para- Planning Area as defined by MMS will graph (a) of this section. be included in EAG005. Maps of these (i) 2000–2020 MHz and 2180–2200 MHz areas may be found on the MMS Web bands. AWS service areas for the 2000– site: http://www.gomr.mms.gov/homepg/ 2020 MHz and 2180–2200 MHz bands are offshore/offshore.html. based on Economic Areas (EAs) as de- (d) 1390–1392 MHz band. Service areas fined in paragraph (a) of this section. for the 1390–1392 MHz band is based on (j) 1915–1920 MHz and 1995–2000 MHz Major Economic Areas (MEAs), as de- bands. AWS service areas for the 1915– fined in paragraphs (a)(1) and (a)(2) of 1920 MHz and 1995–2000 MHz bands are this section. based on Economic Areas (EAs) as de- (e) The paired 1392–1395 and 1432–1435 fined in paragraph (a) of this section. MHz bands. Service areas for the paired (k) 1695–1710 MHz, 1755–1780 MHz, and 1392–1395 and 1432–1435 MHz bands are 2155–2180 MHz bands. AWS service areas as follows. Service areas for Block A in for the 1695–1710 MHz, 1755–1780 MHz, the 1392–1393.5 MHz and 1432–1433.5 MHz and 2155–2180 MHz bands are as follows: bands and Block B in the 1393.5–1395 (1) Service areas for Block G (1755– MHz and 1433.5–1435 MHz bands are 1760 MHz and 2155–2160 MHz) are based based on Economic Area Groupings on cellular markets comprising Metro- (EAGs) as defined in paragraph (c)(3) of politan Statistical Areas (MSAs) and this section. Rural Service Areas (RSAs) as defined (f) 1670–1675 MHz band. Service areas by Public Notice Report No. CL–92–40 for the 1670–1675 MHz band are avail- ‘‘Common Carrier Public Mobile Serv- able on a nationwide basis. ices Information, Cellular MSA/RSA (g) [Reserved] Markets and Counties,’’ dated January (h) 1710–1755 and 2110–2155 MHz bands. 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), AWS service areas for the 1710–1755 with the following modifications: MHz and 2110–2155 MHz bands are as fol- (i) The service areas of cellular mar- lows: kets that border the U.S. coastline of (1) Service areas for Block A (1710– the Gulf of Mexico extend 12 nautical 1720 MHz and 2110–2120 MHz) are based miles from the U.S. Gulf coastline. on cellular markets comprising Metro- (ii) The service area of cellular mar- politan Statistical Areas (MSAs) and ket 306 that comprises the water area Rural Service Areas (RSAs) as defined of the Gulf of Mexico extends from 12 by Public Notice Report No. CL–92–40 nautical miles off the U.S. Gulf coast ‘‘Common Carrier Public Mobile Serv- outward into the Gulf. ices Information, Cellular MSA/RSA (2) Service areas for Blocks H (1760– Markets and Counties,’’ dated January 1765 MHz and 2160–2165 MHz), I (1765– 24, 1992, DA 92–109, 7 FCC Rcd 742 (1992), 1770 MHz and 2165–2170 MHz), J (1770– with the following modifications: 1780 MHz and 2170–2180 MHz), A1 (1695–

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1700 MHz) and B1 (1700–1710 MHz) are (a) Single authorization. Authorization based on Economic Areas (EAs) as de- will be granted to provide any or a fined in paragraph (a) of this section. combination of the following services (l) 600 MHz band. Service areas for in a single license: common carrier, the 600 MHz band are based on Partial non-common carrier, private internal Economic Areas (PEAs), as defined by communications, and broadcast serv- Public Notice: ‘‘Wireless Telecommuni- ices. A licensee may render any kind of cations Bureau Provides Details About communications service consistent Partial Economic Areas,’’ DA 14–759, with the regulatory status in its li- dated June 2, 2014. The service areas of cense and with the Commission’s rules PEAs that border the U.S. coastline of applicable to that service. An applicant the Gulf of Mexico extend 12 nautical or licensee may submit a petition at miles from the U.S. Gulf coastline. The any time requesting clarification of service area of the Gulf of Mexico PEA the regulatory status for which author- that comprises the water area of the ization is required to provide a specific Gulf of Mexico extends from 12 nautical communications service. miles off the U.S. Gulf coast outward (b) Designation of regulatory status in into the Gulf. Maps of the PEAs and initial application. An applicant shall the FEDERAL REGISTER notice that es- specify in its initial application if it is tablished the 416 PEAs are available for requesting authorization to provide public inspection and copying at the common carrier, non-common carrier, Reference Center, Room CY A–257, 445 private internal communications, or 12th St. SW., Washington, DC 20554. broadcast services, or a combination These maps and data are also available thereof. on the FCC Web site at: http:// (c) Amendment of pending applications. www.fcc.gov/oet/info/maps/areas/. The The following rules apply to amend- specific title, reference number, and ments of a pending application. date of the public notice will be deter- (1) Any pending application may be mined in light of further proceedings amended to: pursuant to Docket No. 12–268 and the (i) Change the carrier regulatory sta- rule will be updated accordingly. tus requested, or [62 FR 9658, Mar. 3, 1997] (ii) Add to the pending request in EDITORIAL NOTE: For FEDERAL REGISTER ci- order to obtain common carrier, non- tations affecting § 27.6, see the List of CFR common carrier, private internal com- Sections Affected, which appears in the munications, or broadcast services sta- Finding Aids section of the printed volume tus, or a combination thereof, in a sin- and at www.fdsys.gov. gle license. (2) Amendments to change, or add to, § 27.9 Operation of certificated signal boosters. the carrier regulatory status in a pending application are minor amendments Individuals and non-individuals may filed under § 1.927 of this chapter. operate certificated Consumer Signal (d) Modification of license. The fol- Boosters on frequencies regulated lowing rules apply to amendments of a under this part provided that such op- license. eration complies with all applicable (1) A licensee may modify a license rules under this part and § 20.21 of this to: chapter. Failure to comply with all applicable rules voids the authority to (i) Change the regulatory status au- operate a signal booster. thorized, or (ii) Add to the status authorized in [78 FR 21564, Apr. 11, 2013] order to obtain a combination of services of different regulatory status in a Subpart B—Applications and single license. Licenses (2) Applications to change, or add to, the carrier status in a license are modi- § 27.10 Regulatory status. fications not requiring prior Commis- The following rules apply concerning sion authorization. The licensee must the regulatory status in the frequency notify the Commission within 30 days bands specified in § 27.5. of the change. If the change results in

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the discontinuance, reduction, or im- auction results do not satisfy the appli- pairment of an existing service, the li- cable reserve price, then the authoriza- censee is subject to the provisions of tions for the spectrum in the 746–757 § 27.66. MHz and 776–787 MHz bands will instead be as follows: [65 FR 3146, Jan. 20, 2000, as amended at 65 FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; (i) Authorizations for Block C1, con- 67 FR 41854, June 20, 2002; 68 FR 66286, Nov. sisting of two paired channels of 6 25, 2003; 72 FR 27709, May 16, 2007] megahertz each in the 746–752 MHz and 776–782 MHz bands, will be based on § 27.11 Initial authorization. those geographic areas specified in (a) An applicant must file a single ap- § 27.6(b)(2)(i). plication for an initial authorization (ii) Authorizations for Block C2, con- for all markets won and frequency sisting of two paired channels of 5 blocks desired. Initial authorizations megahertz each in the 752–757 MHz and shall be granted in accordance with 782–787 MHz bands, will be based on § 27.5. Applications for individual sites those geographic areas specified in are not required and will not be accept- § 27.6(b)(2)(ii). ed, except where required for environ- (d) 698–746 MHz band. Initial author- mental assessments, in accordance izations for the 698–746 MHz band shall with §§ 1.1301 through 1.1319 of this be for 6 or 12 megahertz of spectrum in chapter. accordance with § 27.5(c). (b) 2305–2320 MHz and 2345–2360 MHz (1) Authorizations for Block A, con- bands. Initial authorizations for the sisting of two paired channels of 6 2305–2320 MHz and 2345–2360 MHz bands megahertz each, will be based on those shall be for 10 megahertz of spectrum geographic areas specified in § 27.6(c)(1). in accordance with § 27.5(a). (2) Authorizations for Block B, con- (1) Authorizations for Blocks A and B sisting of two paired channels of 6 will be based on Major Economic Areas megahertz each, will be based on those (MEAs), as specified in § 27.6(a)(1). geographic areas specified in § 27.6(c)(2). (2) Authorizations for Blocks C and D (3) Authorizations for Block C, con- will be based on Regional Economic sisting of two paired channels of 6 Area Groupings (REAGs), as specified megahertz each, will be based on those in § 27.6(a)(2). geographic areas specified in § 27.6(c)(2). (c) 746–758 MHz, 775–788 MHz, and 805– (4) Authorizations for Block D, con- 806 MHz bands. Initial authorizations sisting of an unpaired channel block of for the 746–758 MHz, 775–788 MHz, and 6 megahertz, will be based on those ge- 805–806 MHz bands shall be for paired ographic areas specified in § 27.6(c)(3). channels of 1, 5, 6, or 11 megahertz of (5) Authorizations for Block E, con- spectrum in accordance with § 27.5(b). sisting of an unpaired channel block of (1) Authorizations for Block A, con- 6 megahertz, will be based on those ge- sisting of two paired channels of 1 ographic areas specified in § 27.6(c)(1). megahertz each, will be based on those (e) 1390–1392 MHz band. Initial au- geographic areas specified in thorizations for the 1390–1392 MHz band § 27.6(b)(1). shall be for 2 megahertz of spectrum in (2) Authorizations for Block B, con- accordance with § 27.5(d). Authoriza- sisting of two paired channels of 1 tions will be based on Major Economic megahertz each, will be based on those Areas (MEAs), as specified in § 27.6(d). geographic areas specified in (f) The paired 1392–1395 MHz and 1432– § 27.6(b)(1). 1435 MHz bands. Initial authorizations (3) Authorizations for Block C, con- for the paired 1392–1395 MHz and 1432– sisting of two paired channels of 11 1435 MHz bands shall be for 3 megahertz megahertz each, will be based on those of paired spectrum in accordance with geographic areas specified in § 27.5(e). Authorization for Blocks A § 27.6(b)(2). In the event that no licenses and B will be based on Economic Areas granting authorizations for Block C, Groupings (EAGs), as specified in consisting of two paired channels of 11 § 27.6(e). megahertz each, are assigned based on (g) 1670–1675 MHz band. Initial au- the results of the first auction in which thorizations for the 1670–1675 MHz band such licenses are offered because the shall be for 5 megahertz of spectrum in

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accordance with § 27.5(f). Authoriza- with a 5 megahertz channel block in tions will be on a nationwide basis. the 600 MHz uplink band. The specific (h) [Reserved] frequencies and number of channel (i) 1710–1755 MHz and 2110–2155 MHz blocks will be determined in light of bands. Initial authorizations for the further proceedings pursuant to Docket 1710–1755 MHz and 2110–2155 MHz bands No. 12–268 and the rule will be updated shall be for 5 or 10 megahertz of spec- accordingly pursuant to a future public trum in each band in accordance with notice. § 27.5(h) of this part. [62 FR 9658, Mar. 3, 1997, as amended at 63 FR (1) Authorizations for Block A, con- 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; sisting of two paired channels of 10 67 FR 5511, Feb. 6, 2002; 67 FR 41854, June 20, megahertz each, will be based on those 2002; 69 FR 5715, Feb. 6, 2004; 69 FR 39867, July geographic areas specified in 1, 2004; 69 FR 77950, Dec. 29, 2004; 70 FR 58065, § 27.6(h)(1). Oct. 5, 2005; 72 FR 48845, Aug. 24, 2007; 79 FR (2) Authorizations for Block B, con- 597, Jan. 6, 2014; 79 FR 32410, June 4, 2014; 79 FR 48536, Aug. 15, 2014] sisting of two paired channels of 10 megahertz each, will be based on those § 27.12 Eligibility. geographic areas specified in § 27.6(h)(2). (a) Except as provided in paragraph (3) Authorizations for Block C, con- (b) and in §§ 27.604, 27.1201, and 27.1202, sisting of two paired channels of 5 any entity other than those precluded megahertz each, will be based on those by section 310 of the Communications geographic areas specified in Act of 1934, as amended, 47 U.S.C. 310, is § 27.6(h)(2). eligible to hold a license under this (4) Authorizations for Blocks D, con- part. (b) A person described in 47 U.S.C. sisting of two paired channels of 5 1404(c) is ineligible to hold a license megahertz each, will be based on those that is required by 47 U.S.C. Chapter 13 geographic areas specified in (Middle Class Tax Relief and Job Cre- § 27.6(h)(3). ation Act of 2012 (Pub. L. 112–96, 125 (5) Authorizations for Blocks E, con- Stat. 156 (2012)) to be assigned by a sys- sisting of two paired channels of 5 tem of competitive bidding under megahertz each, will be based on those § 309(j) of the Communications Act, 47 geographic areas specified in U.S.C. 309(j). § 27.6(h)(3). (6) Authorizations for Block F, con- [78 FR 50254, Aug. 16, 2013] sisting of two paired channels of 10 megahertz each, will be based on those § 27.13 License period. geographic areas specified in (a) 2305–2320 MHz and 2345–2360 MHz § 27.6(h)(3). bands. Initial WCS authorizations for (j) 1695–1710 MHz, 1755–1780 MHz and the 2305–2320 MHz and 2345–2360 MHz 2155–2180 MHz bands. (1) Initial author- bands will have a term not to exceed izations for the 1695–1710 MHz band ten years from the date of original shall be based on the frequency blocks issuance or renewal. specified in § 27.5(h)(3) and the cor- (b) 698–763 MHz, 776–793, 775–776, and responding service area specified in 805–806 MHz bands. Initial authoriza- § 27.6(k)(2). tions for the 698–758 MHz and 776–788 (2) Initial authorizations for the 1755– MHz bands will extend for a term not 1780 MHz and 2155–2180 MHz shall be to exceed ten years from June 13, 2009, based on the paired frequency blocks except that initial authorizations for a specified in § 27.5(h)(1) and (2) and the part 27 licensee that provides broadcast corresponding service areas specified in services, whether exclusively or in § 27.6(k)(1) and (2). combination with other services, will (k) 600 MHz band. Initial authoriza- not exceed eight years. Initial author- tions for the 600 MHz band will be izations for the 775–776 MHz and 805–806 based on Partial Economic Areas MHz bands shall not exceed April 27, (PEAs), as specified in § 27.6(1), and, 2015. Licensees that initiate the provi- shall be paired channels that each con- sion of a broadcast service, whether ex- sist of a 5 megahertz channel block in clusively or in combination with other the 600 MHz downlink band, paired services, may not provide this service

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for more than eight years or beyond the date of any subsequent license re- the end of the license term if no broad- newal. cast service had been provided, whichever period is shorter in length. [65 FR 3146, Jan. 20, 2000] (c) 1390–1392 MHz band. Initial au- EDITORIAL NOTE: For FEDERAL REGISTER ci- thorizations for the 1390–1392 MHz band tations affecting § 27.13, see the List of CFR will have a term not to exceed ten Sections Affected, which appears in the years from the date of initial issuance Finding Aids section of the printed volume and at www.fdsys.gov. or renewal. (d) The paired 1392–1395 and 1432–1435 § 27.14 Construction requirements; MHz bands. Initial WCS authorizations Criteria for renewal. for the paired 1392–1395 MHz and 1432– (a) AWS and WCS licensees, with the 1435 MHz bands will have a term not to exception of WCS licensees holding au- exceed ten years from the date of initial issuance or renewal. thorizations for the 600 MHz band, Block A in the 698–704 MHz and 728–734 (e) 1670–1675 MHz band. Initial au- MHz bands, Block B in the 704–710 MHz thorizations for the 1670–1675 MHz band and 734–740 MHz bands, Block E in the will have a term not to exceed ten years from the date of initial issuance 722–728 MHz band, Block C, C1 or C2 in or renewal. the 746–757 MHz and 776–787 MHz bands, Block A in the 2305–2310 MHz and 2350– (f) [Reserved] 2355 MHz bands, Block B in the 2310– (g) 1710–1755 MHz and 2110–2155 MHz 2315 MHz and 2355–2360 MHz bands, bands. Authorizations for the 1710–1755 Block C in the 2315–2320 MHz band, and MHz and 2110–2155 MHz bands will have Block D in the 2345–2350 MHz band, and a term not to exceed ten years from with the exception of licensees holding the date of initial issuance or renewal, except that authorizations issued on or AWS authorizations in the 1915–1920 before December 31, 2009, shall have a MHz and 1995–2000 MHz bands, the 2000– term of fifteen years. 2020 MHz and 2180–2200 MHz bands, or 1695–1710 MHz, 1755–1780 MHz and 2155– (h) BRS and EBS. BRS and EBS authorizations shall have a term not to 2180 MHz bands, must, as a perform- exceed ten years from the date of origi- ance requirement, make a showing of nal issuance or renewal. Unless other- ‘‘substantial service’’ in their license wise specified by the Commission, in- area within the prescribed license term cumbent BRS authorizations shall ex- set forth in § 27.13. ‘‘Substantial serv- pire on May 1 in the year of expiration. ice’’ is defined as service which is (i) 2000–2020 MHz and 2180–2200 MHz sound, favorable and substantially bands. Authorizations for the 2000–2020 above a level of mediocre service which MHz and 2180–2200 MHz bands will have just might minimally warrant renewal. a term not to exceed ten years from Failure by any licensee to meet this re- the date of issuance or renewal. quirement will result in forfeiture of (j) 1915–1920 MHz and 1995–2000 MHz the license and the licensee will be in- bands. Authorizations for 1915–1920 MHz eligible to regain it. and 1995–2000 MHz bands will have a (b) A renewal applicant involved in a term not to exceed ten years from the comparative renewal proceeding shall date of issuance or renewal. receive a preference, commonly re- (k) 1695–1710 MHz, 1755–1780 MHz, and ferred to as a renewal expectancy, 2155–2180 MHz bands. Authorizations for which is the most important compara- the 1695–1710 MHz, 1755–1780 MHz, and tive factor to be considered in the pro- 2155–2180 MHz bands will have a term ceeding, if its past record for the rel- not to exceed twelve (12) years from evant license period demonstrates that: the date of issuance and ten (10) years (1) The renewal applicant has pro- from the date of any subsequent license vided ‘‘substantial’’ service during its renewal. past license term; and (l) 600 MHz band. Authorizations for (2) The renewal applicant has sub- the 600 MHz band will have an initial stantially complied with applicable term not to exceed twelve years from FCC rules, policies and the Commu- the date of issuance and ten years from nications Act of 1934, as amended.

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(c) In order to establish its right to a accordance with the provisions set renewal expectancy, a WCS renewal ap- forth in § 1.949 of this chapter. plicant involved in a comparative re- (g) WCS licensees holding EA author- newal proceeding must submit a show- izations for Block A in the 698–704 MHz ing explaining why it should receive a and 728–734 MHz bands, cellular market renewal expectancy. At a minimum, authorizations for Block B in the 704– this showing must include: 710 MHz and 734–740 MHz bands, or EA (1) A description of its current serv- authorizations for Block E in the 722– ice in terms of geographic coverage and 728 MHz band, if the results of the first population served; auction in which licenses for such au- (2) An explanation of its record of ex- thorizations are offered satisfy the re- pansion, including a timetable of new serve price for the applicable block, construction to meet changes in de- shall provide signal coverage and offer mand for service; service over at least 35 percent of the (3) A description of its investments in geographic area of each of their license its WCS system; and authorizations no later than June 13, (4) Copies of all FCC orders finding 2013 (or within four years of initial li- the licensee to have violated the Com- cense grant if the initial authorization munications Act or any FCC rule or in a market is granted after June 13, policy; and a list of any pending pro- 2009), and shall provide such service ceedings that relate to any matter de- over at least 70 percent of the geo- scribed in this paragraph. graphic area of each of these authoriza- (d) In making its showing of entitle- tions by the end of the license term. In ment to a renewal expectancy, a re- applying these geographic benchmarks, newal applicant may claim credit for licensees are not required to include any system modification applications land owned or administered by govern- that were pending on the date it filed ment as a part of the relevant service its renewal application. Such credit area. Licensees may count covered gov- will not be allowed if the modification ernment land for purposes of meeting application is dismissed or denied. their geographic construction bench- (e) Comparative renewal proceedings mark, but are required to add the cov- do not apply to WCS licensees holding ered government land to the total geo- authorizations for Block A in the 698– graphic area used for measurement 704 MHz and 728–734 MHz bands, Block purposes. Licensees are required to in- B in the 704–710 MHz and 734–740 MHz clude those populated lands held by bands, Block C in the 710–716 MHz and tribal governments and those held by 740–746 MHz bands, Block D in the 716– the Federal Government in trust or for 722 MHz band, Block E in the 722–728 the benefit of a recognized tribe. MHz band, or Block C, C1 or C2 in the (1) If an EA or CMA licensee holding 746–757 MHz and 776–787 MHz bands. an authorization in these particular Each of these licensees must file a re- blocks fails to provide signal coverage newal application in accordance with and offer service over at least 35 per- the provisions set forth in § 1.949, and cent of the geographic area of its li- must make a showing of substantial cense authorization by no later than service, independent of its performance June 13, 2013 (or within four years of requirements, as a condition for re- initial license grant, if the initial au- newal at the end of each license term. thorization in a market is granted (f) Comparative renewal proceedings after June 13, 2009), the term of that li- do not apply to WCS licensees holding cense authorization will be reduced by authorizations for the 600 MHz band, two years and such licensee may be 698–746 MHz, 747–762 MHz, and 777–792 subject to enforcement action, includ- MHz bands or licensees holding AWS ing forfeitures. In addition, an EA or authorizations for the 1915–1920 MHz CMA licensee that provides signal cov- and 1995–2000 MHz bands or the 2000– erage and offers service at a level that 2020 MHz and 2180–2200 MHz bands, or is below this interim benchmark may the 1695–1710 MHz, or the 1755–1780 MHz lose authority to operate in part of the and 2155–2180 MHz bands. These licens- remaining unserved areas of the li- ees must file a renewal application in cense.

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(2) If any such EA or CMA licensee no later than June 13, 2013 (or within fails to provide signal coverage and four years of initial license grant if the offer service to at least 70 percent of initial authorization in a market is the geographic area of its license au- granted after June 13, 2009), the term of thorization by the end of the license the license authorization will be re- term, that licensee’s authorization will duced by two years and such licensee terminate automatically without Com- may be subject to enforcement action, mission action for those geographic including forfeitures. In addition, a li- portions of its license in which the licensee that provides signal coverage censee is not providing service, and and offers service at a level that is those unserved areas will become avail- below this interim benchmark may able for reassignment by the Commis- lose authority to operate in part of the sion. Such licensee may also be subject remaining unserved areas of the li- to enforcement action, including for- cense. feitures. In addition, an EA or CMA li- (2) If a licensee holding a Block C au- censee that provides signal coverage thorization fails to provide signal cov- and offers service at a level that is erage and offer service over at least 75 below this end-of-term benchmark may percent of the population in any EA be subject to license termination. In comprising the REAG license area by the event that a licensee’s authority to the end of the license term, for each operate in a license area terminates such EA that licensee’s authorization automatically without Commission ac- will terminate automatically without tion, such areas will become available Commission action for those geo- for reassignment pursuant to the pro- graphic portions of its license in which cedures in paragraph (j) of this section. the licensee is not providing service. (3) For licenses under paragraph (g) Such licensee may also be subject to of this section, the geographic service enforcement action, including forfeit- area to be made available for reassign- ures. In the event that a licensee’s au- ment must include a contiguous area of thority to operate in a license area ter- at least 130 square kilometers (50 minates automatically without Com- square miles), and areas smaller than a mission action, such areas will become contiguous area of at least 130 square available for reassignment pursuant to kilometers (50 square miles) will not be the procedures in paragraph (j) of this deemed unserved. section. In addition, a REAG licensee (h) WCS licensees holding REAG au- that provides signal coverage and of- thorizations for Block C in the 746–757 fers service at a level that is below this MHz and 776–787 MHz bands or REAG end-of-term benchmark within any EA authorizations for Block C2 in the 752– may be subject to license termination 757 MHz and 782–787 MHz bands shall within that EA. provide signal coverage and offer serv- (3) For licenses under paragraph (h), ice over at least 40 percent of the popu- the geographic service area to be made lation in each EA comprising the available for reassignment must in- REAG license area no later than June clude a contiguous area of at least 130 13, 2013 (or within four years of initial square kilometers (50 square miles), license grant, if the initial authoriza- and areas smaller than a contiguous tion in a market is granted after June area of at least 130 square kilometers 13, 2009), and shall provide such service (50 square miles) will not be deemed over at least 75 percent of the popu- unserved. lation of each of these EAs by the end (i) WCS licensees holding EA author- of the license term. For purposes of izations for Block A in the 698–704 MHz compliance with this requirement, li- and 728–734 MHz bands, cellular market censees should determine population authorizations for Block B in the 704– based on the most recently available 710 MHz and 734–740 MHz bands, or EA U.S. Census Data. authorizations for Block E in the 722– (1) If a licensee holding a Block C au- 728 MHz band, if the results of the first thorization fails to provide signal cov- auction in which licenses for such au- erage and offer service over at least 40 thorizations in Blocks A, B, and E are percent of the population in each EA offered do not satisfy the reserve price comprising the REAG license area by for the applicable block, as well as EA

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authorizations for Block C1 in the 746– available for reassignment must in- 752 MHz and 776–782 MHz bands, are clude a contiguous area of at least 130 subject to the following: square kilometers (50 square miles), (1) If a licensee holding a cellular and areas smaller than a contiguous market area or EA authorization sub- area of at least 130 square kilometers ject to this paragraph (i) fails to pro- (50 square miles) will not be deemed vide signal coverage and offer service unserved. over at least 40 percent of the popu- (j) In the event that a licensee’s au- lation in its license area by no later thority to operate in a license area ter- than June 13, 2013 (or within four years minates automatically under para- of initial license grant, if the initial graphs (g), (h), or (i) of this section, authorization in a market is granted such areas will become available for re- after June 13, 2009), the term of that li- assignment pursuant to the following cense authorization will be reduced by procedures: two years and such licensee may be (1) The Wireless Telecommunications subject to enforcement action, includ- Bureau is delegated authority to an- ing forfeitures. In addition, such li- nounce by public notice that these licensee that provides signal coverage cense areas will be made available and and offers service at a level that is establish a 30-day window during which below this interim benchmark may third parties may file license applica- lose authority to operate in part of the tions to serve these areas. During this remaining unserved areas of the li- 30-day period, licensees that had their cense. For purposes of compliance with authority to operate terminate auto- this requirement, licensees should de- matically for unserved areas may not termine population based on the most recently available U.S. Census Data. file applications to provide service to (2) If a licensee holding a cellular these areas. Applications filed by third market area or EA authorization sub- parties that propose areas overlapping ject to this paragraph (i) fails to pro- with other applications will be deemed vide signal coverage and offer service mutually exclusive, and will be re- over at least 75 percent of the popu- solved through an auction. The Wire- lation in its license area by the end of less Telecommunications Bureau, by the license term, that licensee’s au- public notice, may specify a limited pe- thorization will terminate automati- riod before the filing of short-form ap- cally without Commission action for plications (FCC Form 175) during which those geographic portions of its license applicants may enter into a settlement in which the licensee is not providing to resolve their mutual exclusivity, service, and those unserved areas will subject to the provisions of § 1.935 of become available for reassignment by this chapter. the Commission. Such licensee may (2) Following this 30-day period, the also be subject to enforcement action, original licensee and third parties can including forfeitures. In the event that file license applications for remaining a licensee’s authority to operate in a unserved areas where licenses have not license area terminates automatically been issued or for which there are no without Commission action, such areas pending applications. If the original li- will become available for reassignment censee or a third party files an applica- pursuant to the procedures in para- tion, that application will be placed on graph (j) of this section. In addition, public notice for 30 days. If no mutu- such a licensee that provides signal ally exclusive application is filed, the coverage and offers service at a level application will be granted, provided that is below this end-of-term bench- that a grant is found to be in the public mark may be subject to license termi- interest. If a mutually exclusive appli- nation. For purposes of compliance cation is filed, it will be resolved with this requirement, licensees should through an auction. The Wireless Tele- determine population based on the communications Bureau, by public no- most recently available U.S. Census tice, may specify a limited period be- Data. fore the filing of short-form applica- (3) For licenses under paragraph (i), tions (FCC Form 175) during which ap- the geographic service area to be made plicants may enter into a settlement to

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resolve their mutual exclusivity, sub- manner, including the technology or ject to the provisions of § 1.935 of this technologies and service(s) being pro- chapter. vided, and the areas within the license (3) The licensee will have one year area in which those services are avail- from the date the new license is issued able. Each of these licensees shall file to complete its construction and pro- its first report with the Commission no vide signal coverage and offer service later than June 13, 2011 and no sooner over 100 percent of the geographic area than 30 days prior to this date. Each li- of the new license area. If the licensee censee that meets its interim bench- fails to meet this construction require- marks shall file a second report with ment, its license will automatically the Commission no later than June 13, terminate without Commission action 2016 and no sooner than 30 days prior to and it will not be eligible to apply to this date. Each licensee that does not provide service to this area at any fu- meet its interim benchmark shall file ture date. this second report no later than on (k) Licensees holding WCS or AWS June 13, 2015 and no sooner than 30 authorizations in the spectrum blocks days prior to this date. enumerated in paragraphs (g), (h), (i), (m)–(n) [Reserved] (q), (r), (s), and (t) of this section, in- (o) BRS and EBS licensees originally cluding any licensee that obtained its issued a BRS or EBS license prior to license pursuant to the procedures set November 6, 2009 must make a showing forth in paragraph (j) of this section, of substantial service no later than shall demonstrate compliance with May 1, 2011. With respect to initial BRS performance requirements by filing a licenses issued on or after November 6, construction notification with the 2009, the licensee must make a showing Commission, within 15 days of the expi- of substantial service within four years ration of the applicable benchmark, in from the date of issue of the license. accordance with the provisions set Incumbent BRS licensees that are re- forth in § 1.946(d) of this chapter. The quired to demonstrate substantial serv- licensee must certify whether it has ice by May 1, 2011 must file their sub- met the applicable performance re- stantial service showings with their requirements. The licensee must file a description and certification of the newal applications. ‘‘Substantial serv- areas for which it is providing service. ice’’ is defined as service which is The construction notifications must sound, favorable, and substantially include electronic coverage maps, sup- above a level of mediocre service which porting technical documentation and just might minimally warrant renewal. any other information as the Wireless Substantial service for BRS and EBS Telecommunications Bureau may pre- licensees is satisfied if a licensee meets scribe by public notice. the requirements of paragraph (o)(1), (l) WCS licensees holding authoriza- (o)(2), or (o)(3) of this section. If a li- tions in the spectrum blocks enumer- censee has not met the requirements of ated in paragraphs (g), (h), or (i) of this paragraph (o)(1), (o)(2), or (o)(3) of this section, excluding any licensee that ob- section, then demonstration of sub- tained its license pursuant to the pro- stantial service shall proceed on a cedures set forth in subsection (j) of case-by-case basis. Except as provided this section, shall file reports with the in paragraphs (o)(4) and (o)(5) of this Commission that provide the Commis- section, all substantial service deter- sion, at a minimum, with information minations will be made on a license-by- concerning the status of their efforts license basis. Failure by any licensee to meet the performance requirements to demonstrate substantial service will applicable to their authorizations in result in forfeiture of the license and such spectrum blocks and the manner the licensee will be ineligible to regain in which that spectrum is being uti- it. lized. The information to be reported (1) A BRS or EBS licensee has pro- will include the date the license term vided ‘‘substantial service’’ by: commenced, a description of the steps (i) Constructing six permanent links the licensee has taken toward meeting per one million people for licensees its construction obligations in a timely providing fixed point-to-point services;

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(ii) Providing coverage of at least 30 or its affiliate, substantial service may percent of the population of the li- be demonstrated by meeting the re- censed area for licensees providing mo- quirements of paragraph (o)(1) or (o)(2) bile services or fixed point-to- of this section with respect to the com- multipoint services; bined GSAs of both stations. (iii) Providing service to ‘‘rural (5) If the GSA of a BTA authorization areas’’ (a county (or equivalent) with a holder, is less than one-half of the area population density of 100 persons per within the BTA for every BRS channel, square mile or less, based upon the substantial service may be dem- most recently available Census data) onstrated for the licenses in question and areas with limited access to tele- by meeting the requirements of para- communications services: graph (o)(1) or (o)(2) of this section (A) For mobile service, where cov- with respect to the combined GSAs of erage is provided to at least 75% of the the BTA authorization holder, together geographic area of at least 30% of the with any incumbent authorizations li- rural areas within its service area; or censed or leased by the licensee or its (B) for fixed service, where the BRS affiliates. or EBS licensee has constructed at (p) This section enumerates perform- least one end of a permanent link in at ance requirements for licensees holding least 30% of the rural areas within its authorizations for Block A in the 2305– licensed area. 2310 MHz and 2350–2355 MHz bands, (iv) Providing specialized or techno- Block B in the 2310–2315 MHz and 2355– logically sophisticated service that 2360 MHz bands, Block C in the 2315– does not require a high level of cov- 2320 MHz band, and Block D in the 2345– erage to benefit consumers; or 2350 MHz band. (v) Providing service to niche mar- (1) For mobile and point-to- kets or areas outside the areas served multipoint systems in Blocks A and B, by other licensees. and point-to-multipoint systems in (2) An EBS licensee has provided Blocks C and D, a licensee must pro- ‘‘substantial service’’ when: vide reliable signal coverage and offer (i) The EBS licensee is using its spec- service to at least 40 percent of the li- trum (or spectrum to which the EBS license area’s population by March 13, censee’s educational services are shift- 2017, and to at least 75 percent of the li- ed) to provide educational services cense area’s population by September within the EBS licensee’s GSA; 13, 2019. If, when filing the construction (ii) the EBS licensee’s license is actu- notification required under § 1.946(d) of ally being used to serve the edu- this chapter, a WCS licensee dem- cational mission of one or more accred- onstrates that 25 percent or more of ited public or private schools, colleges the license area’s population for Block or universities providing formal edu- A, B or D is within a coordination zone cational and cultural development to as defined by § 27.73(a) of the rules, the enrolled students; or foregoing population benchmarks are (iii) the level of service provided by reduced to 25 and 50 percent, respec- the EBS licensee meets or exceeds the tively. The percentage of a license minimum usage requirements specified area’s population within a coordination in § 27.1214. zone equals the sum of the Census (3) An EBS or BRS licensee may be Block Centroid Populations within the deemed to provide substantial service area, divided by the license area’s total through a leasing arrangement if the population. lessee is providing substantial service (2) For point-to-point fixed systems, under paragraph (o)(1) of this section. except those deployed in the Gulf of The EBS licensee must also be other- Mexico license area, a licensee must wise in compliance with this Chapter construct and operate a minimum of 15 (including the programming require- point-to-point links per million per- ments in § 27.1203 of this subpart). sons (one link per 67,000 persons) in a (4) If the GSA of a licensee is less license area by March 13, 2017, and 30 than 1924 square miles in size, and point-to-point links per million per- there is an overlapping co-channel sta- sons (one link per 33,500 persons) in a tion licensed or leased by the licensee licensed area by September 13, 2019.

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The exact link requirement is cal- boundaries and MEA maps must depict culated by dividing a license area’s Economic Area boundaries. If a li- total population by 67,000 and 33,500 for censee does not provide reliable signal the respective milestones, and then coverage to an entire license area, its rounding upwards to the next whole map must accurately depict the bound- number. For a link to be counted to- aries of the area or areas within each wards these benchmarks, both of its license area not being served. Each li- endpoints must be located in the licensee also must file supporting docu- cense area. If only one endpoint of a mentation certifying the type of serv- link is located in a license area, it can ice it is providing for each REAG or be counted as a one- half link towards MEA within its service territory and the benchmarks. the type of technology used to provide (3) For point-to-point fixed systems such service. Supporting documenta- deployed on any spectrum block in the tion must include the assumptions Gulf of Mexico license area, a licensee used to create the coverage maps, in- must construct and operate a min- cluding the propagation model and the imum of 15 point-to-point links by signal strength necessary to provide re- March 13, 2017, and a minimum of 15 liable service with the licensee’s tech- point-to-point links by September 13, nology. 2019. (8) If a licensee fails to meet any ap- (4) Under paragraph (p)(2) and (p)(3) plicable performance requirement, its of this section, each fixed link must authorization will terminate automati- provide a minimum bit rate, in bits per cally without further Commission ac- second, equal to or greater than the tion as of the applicable performance bandwidth specified by the emission milestone and the licensee will be in- designator in Hertz (e.g., equipment eligible to regain it. transmitting at a 5 Mb/s rate must not (q) The following provisions apply to require a bandwidth of greater than 5 any licensee holding an AWS author- MHz). ization in the 2000–2020 MHz and 2180– (5) If an initial authorization for a li- 2200 MHz bands (an ‘‘AWS–4 licensee’’): cense area is granted after March 13, 2013, then the applicable benchmarks in (1) An AWS–4 licensee shall provide paragraphs (p)(1), (2) and (3) of this sec- terrestrial signal coverage and offer tion must be met within 48 and 78 terrestrial service within four (4) years months, respectively, of the initial au- from the date of the license to at least thorization grant date. forty (40) percent of the total popu- (6) Licensees must use the most relation in the aggregate service areas cently available U.S. Census Data at that it has licensed in the 2000–2020 the time of measurement to meet these MHz and 2180–2200 MHz bands (‘‘AWS–4 performance requirements. Interim Buildout Requirement’’). For (7) Licensees must certify compliance purposes of this subpart, a licensee’s with the applicable performance re- total population shall be calculated by quirements by filing a construction no- summing the population of each li- tification with the Commission, within cense area that a licensee holds in the 15 days of the expiration of the rel- 2000–2020 MHz and 2180–2200 MHz bands; evant performance milestone, pursuant and to § 1.946(d) of this chapter. Each con- (2) An AWS–4 licensee shall provide struction notification must include terrestrial signal coverage and offer electronic coverage maps, supporting terrestrial service within seven (7) technical documentation, and any years from the date of the license to at other information as the Wireless Tele- least seventy (70) percent of the popu- communications Bureau may prescribe lation in each of its license areas in the by public notice. Electronic coverage 2000–2020 MHz and 2180–2200 MHz bands maps must accurately depict the (‘‘AWS–4 Final Buildout Require- boundaries of each license area (Re- ment’’). gional Economic Area Grouping, (3) If any AWS–4 licensee fails to es- REAG, or Major Economic Area, MEA) tablish that it meets the AWS–4 In- in the licensee’s service territory. Fur- terim Buildout Requirement, the AWS– ther, REAG maps must depict MEA 4 Final Buildout requirement shall be

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accelerated by one year from (seven to the number of subscribers, the services six years). offered); (4) If any AWS–4 licensee fails to es- (ii) The date service commenced, tablish that it meets the AWS–4 Final whether service was ever interrupted, Buildout Requirement in any of its li- and the duration of any interruption or cense areas in the 2000–2020 MHz and outage; 2180–2200 MHz bands, its authorization (iii) The extent to which service is for each license area in which it fails to provided to rural areas; meet the requirement shall terminate (iv) The extent to which service is automatically without Commission ac- provided to qualifying tribal land as tion. To the extent that the AWS–4 li- defined in § 1.2110(f)(3)(i) of this chap- censee also holds the 2 GHz MSS rights ter; and for the affected license area, failure to (v) Any other factors associated with meet the AWS–4 Final Buildout Re- the level of service to the public. quirement in an EA shall also result in (r) The following provisions apply to the MSS protection rule in § 27.1136 no any licensee holding an AWS author- longer applying in that license area. ization in the 1915–1920 MHz and 1995– (5) To demonstrate compliance with 2000 MHz bands: these performance requirements, li- (1) A licensee shall provide signal censees shall use the most recently coverage and offer service within four available U.S. Census Data at the time (4) years from the date of the initial li- of measurement and shall base their cense to at least forty (40) percent of measurements of population served on the population in each of its licensed areas no larger than the Census Tract areas (‘‘Interim Buildout Require- level. The population within a specific ment’’). Census Tract (or other acceptable iden- (2) A licensee shall provide signal tifier) will only be deemed served by coverage and offer service within ten the licensee if it provides signal cov- (10) years from the date of the initial erage to and offers service within the license to at least seventy-five (75) per- specific Census Tract (or other accept- cent of the population in each of its liable identifier). To the extent the Cen- censed areas (‘‘Final Buildout Require- sus Tract (or other acceptable identi- ment’’). fier) extends beyond the boundaries of (3) If a licensee fails to establish that a license area, a licensee with author- it meets the Interim Buildout Require- izations for such areas may only in- ment for a particular licensed area, clude the population within the Census then the Final Buildout Requirement Tract (or other acceptable identifier) (in this paragraph (r)) and the license towards meeting the performance re- term (as set forth in § 27.13(j)) for each quirement of a single, individual li- license area in which it fails to meet cense. the Interim Buildout Requirement (6) Failure by any AWS–4 licensee to shall be accelerated by two years (from meet the AWS–4 Final Buildout Re- ten to eight years). quirement in paragraph (q)(4) of this (4) If a licensee fails to establish that section will result in forfeiture of the it meets the Final Buildout Require- license and the licensee will be ineli- ment for a particular licensed area, its gible to regain it. authorization for each license area in (7) Renewal showing. An applicant for which it fails to meet the Final Build- renewal of a geographic-area author- out Requirement shall terminate auto- ization in the 2000–2020 MHz and 2180– matically without Commission action 2200 MHz service bands must make a and the licensee will be ineligible to re- renewal showing, independent of its gain it if the Commission makes the li- performance requirements, as a condi- cense available at a later date. tion of renewal. The showing must in- (5) To demonstrate compliance with clude a detailed description of the ap- these performance requirements, li- plicant’s provision of service during censees shall use the most recently the entire license period and address: available U.S. Census Data at the time (i) The level and quality of service of measurement and shall base their provided by the applicant (including measurements of population served on the population served, the area served, areas no larger than the Census Tract

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level. The population within a specific each of its licensed areas (‘‘Final Census Tract (or other acceptable iden- Buildout Requirement’’). tifier) will only be deemed served by (3) If a licensee fails to establish that the licensee if it provides signal cov- it meets the Interim Buildout Require- erage to and offers service within the ment for a particular licensed area, specific Census Tract (or other accept- then the Final Buildout Requirement able identifier). To the extent the Cen- (in this paragraph (s)) and the AWS li- sus Tract (or other acceptable identi- cense term (as set forth in § 27.13(k)) for fier) extends beyond the boundaries of each license area in which it fails to a license area, a licensee with author- meet the Interim Buildout Require- izations for such areas may only in- ment shall be accelerated by two (2) clude the population within the Census years (from twelve (12) to ten (10) Tract (or other acceptable identifier) years). towards meeting the performance re- (4) If a licensee fails to establish that quirement of a single, individual li- it meets the Final Buildout Require- cense. ment for a particular licensed area, its (6) An applicant for renewal of a li- authorization for each license area in cense covered by this paragraph (r) which it fails to meet the Final Build- must make a renewal showing, inde- out Requirement shall terminate auto- pendent of its performance require- matically without Commission action ments, as a condition of renewal. The and the licensee will be ineligible to re- showing must include a detailed de- gain it if the Commission makes the li- scription of the applicant’s provision of cense available at a later date. service during the entire license period (5) To demonstrate compliance with and address: these performance requirements, li- (i) The level and quality of service censees shall use the most recently provided by the applicant (including available U.S. Census Data at the time the population served, the area served, of measurement and shall base their the number of subscribers, the services measurements of population served on offered); areas no larger than the Census Tract level. The population within a specific (ii) The date service commenced, Census Tract (or other acceptable iden- whether service was ever interrupted, tifier) will be deemed served by the li- and the duration of any interruption or censee only if it provides signal cov- outage; erage to and offers service within the (iii) The extent to which service is specific Census Tract (or other accept- provided to rural areas; able identifier). To the extent the Cen- (iv) The extent to which service is sus Tract (or other acceptable identi- provided to qualifying tribal land as fier) extends beyond the boundaries of defined in § 1.2110(f)(3)(i) of this chap- a license area, a licensee with author- ter; and izations for such areas may include (v) Any other factors associated with only the population within the Census the level of service to the public. Tract (or other acceptable identifier) (s) The following provisions apply to towards meeting the performance re- any licensee holding an AWS author- quirement of a single, individual li- ization in the 1695–1710 MHz, 1755–1780 cense. For the Gulf of Mexico license MHz, and 2155–2180 MHz bands: area, the licensee shall demonstrate (1) A licensee shall provide reliable compliance with these performance re- signal coverage and offer service with- quirements, using off-shore platforms, in six (6) years from the date of the ini- including production, manifold, com- tial license to at least forty (40) per- pression, pumping and valving plat- cent of the population in each of its li- forms as a proxy for population in the censed areas (‘‘Interim Buildout Re- Gulf of Mexico. quirement’’). (6) An applicant for renewal of a li- (2) A licensee shall provide reliable cense covered by paragraph (s) of this signal coverage and offer service with- section must make a renewal showing, in twelve (12) years from the date of independent of its performance require- the initial license to at least seventy- ments, as a condition of each renewal. five (75) percent of the population in The showing must include a detailed

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description of the applicant’s provision censees shall use the most recently of service during the entire license pe- available decennial U.S. Census Data riod and address: at the time of measurement and shall (i) The level and quality of service base their measurements of population provided by the applicant (including served on areas no larger than the Cen- the population served, the area served, sus Tract level. The population within the number of subscribers, the services a specific Census Tract (or other ac- offered); ceptable identifier) will be deemed (ii) The date service commenced, served by the licensee only if it pro- whether service was ever interrupted, vides reliable signal coverage to and of- and the duration of any interruption or fers service within the specific Census outage; Tract (or other acceptable identifier). (iii) The extent to which service is To the extent the Census Tract (or provided to rural areas; other acceptable identifier) extends be- (iv) The extent to which service is yond the boundaries of a license area, a provided to qualifying tribal land as licensee with authorizations for such defined in § 1.2110(f)(3)(i) of this chap- areas may include only the population ter; and within the Census Tract (or other ac- (v) Any other factors associated with ceptable identifier) towards meeting the level of service to the public. the performance requirement of a sin- (t) The following provisions apply to gle, individual license. For the Gulf of any licensee holding an authorization Mexico license area, the licensee shall in the 600 MHz band: demonstrate compliance with these (1) A licensee shall provide reliable performance requirements, using off- signal coverage and offer service with- shore platforms, including production, in six (6) years from the date of the ini- manifold, compression, pumping and tial license to at least forty (40) per- valving platforms as a proxy for popu- cent of the population in each of its li- lation in the Gulf of Mexico. cense areas (‘‘Interim Buildout Re- (6) An applicant for renewal of a li- quirement’’). cense covered by this paragraph (t) (2) A licensee shall provide reliable must make a renewal showing, inde- signal coverage and offer service with- pendent of its performance require- in twelve (12) years from the date of ments, as a condition of each renewal. the initial license to at least seventy- The showing must include a detailed five (75) percent of the population in description of the applicant’s provision each of its license areas (‘‘Final Build- of service during the entire license pe- out Requirement’’). riod and address: (3) If a licensee fails to establish that (i) The level and quality of service it meets the Interim Buildout Require- provided by the applicant (including ment for a particular licensed area, the population served, the area served, then the Final Buildout Requirement the number of subscribers, the services (in this paragraph (t)) and the license offered); term (as set forth in § 27.13(l)) for each (ii) The date service commenced, license area in which it fails to meet whether service was ever interrupted, the Interim Buildout Requirement and the duration of any interruption or shall be accelerated by two (2) years outage; (from twelve (12) to ten (10) years). (iii) The extent to which service is (4) If a licensee fails to establish that provided to rural areas; it meets the Final Buildout Require- (iv) The extent to which service is ment for a particular license area, its provided to qualifying tribal land as authorization for each license area in defined in § 1.2110(f)(3)(i) of this chap- which it fails to meet the Final Build- ter; and out Requirement shall terminate auto- (v) Any other factors associated with matically without Commission action, the level of service to the public. and the licensee will be ineligible to regain it if the Commission makes the li- [62 FR 9658, Mar. 3, 1997] cense available at a later date. EDITORIAL NOTE: For FEDERAL REGISTER ci- (5) To demonstrate compliance with tations affecting § 27.14, see the List of CFR these performance requirements, li- Sections Affected, which appears in the

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Finding Aids section of the printed volume tions in the 1915–1920 MHz and 1995–2000 and at www.fdsys.gov. MHz bands, the 2000–2020 MHz and 2180– 2200 MHz bands; or the 1695–1710 MHz, § 27.15 Geographic partitioning and spectrum disaggregation. 1755–1780 MHz and 2155–2180 MHz bands the following rules apply to WCS and (a) Eligibility. (1) Parties seeking ap- AWS licensees holding authorizations proval for partitioning and for purposes of implementing the con- disaggregation shall request from the struction requirements set forth in Commission an authorization for par- § 27.14. Parties to partitioning agree- tial assignment of a license pursuant ments have two options for satisfying to § 1.948. (2) AWS and WCS licensees may the construction requirements set apply to partition their licensed geo- forth in § 27.14. Under the first option, graphic service area or disaggregate the partitioner and partitionee each their licensed spectrum at any time certifies that it will independently sat- following the grant of their licenses. isfy the substantial service require- (b) Technical Standards—(1) Parti- ment for its respective partitioned tioning. In the case of partitioning, ap- area. If a licensee subsequently fails to plicants and licensees must file FCC meet its substantial service require- Form 603 pursuant to section 1.948 and ment, its license will be subject to list the partitioned service area on a automatic cancellation without further schedule to the application. The geo- Commission action. Under the second graphic coordinates must be specified option, the partitioner certifies that it in degrees, minutes, and seconds to the has met or will meet the substantial nearest second of latitude and lon- service requirement for the entire, pre- gitude and must be based upon the 1983 partitioned geographic service area. If North American Datum (NAD83). the partitioner subsequently fails to (2) Disaggregation. Spectrum may be meet its substantial service require- disaggregated in any amount. ment, only its license will be subject to (3) Combined partitioning and automatic cancellation without further disaggregation. The Commission will Commission action. consider requests for partial assign- (ii) For WCS licensees holding au- ment of licenses that propose combina- thorizations for Block A in the 698–704 tions of partitioning and MHz and 728–734 MHz bands, Block B in disaggregation. the 704–710 MHz and 734–740 MHz bands, (4) Signal levels. For purposes of partitioning and disaggregation, part 27 sys- Block E in the 722–728 MHz band, or tems must be designed so as not to ex- Blocks C, C1, and C2 in the 746–757 MHz ceed the signal level specified for the and 776–787 MHz bands, the following particular spectrum block in § 27.55 at rules apply for purposes of imple- the licensee’s service area boundary, menting the construction requirements unless the affected adjacent service set forth in § 27.14. Parties to parti- area licensees have agreed to a dif- tioning agreements have two options ferent signal level. for satisfying the construction require- (c) License term. The license term for ments set forth in § 27.14. Under the a partitioned license area and for first option, the partitioner and disaggregated spectrum shall be the re- partitionee each certifies that they mainder of the original licensee’s li- will collectively share responsibility cense term as provided for in § 27.13. for meeting the construction require- (d) Compliance with construction re- ment for the entire pre-partition geo- quirements—(1) Partitioning. (i) Except graphic license area. If the partitioner for WCS licensees holding authoriza- and partitionee collectively fail to tions for the 600 MHz band, Block A in meet the construction requirement, the 698–704 MHz and 728–734 MHz bands, then both the partitioner and Block B in the 704–710 MHz and 734–740 partitionee will be subject to the con- MHz bands, Block E in the 722–728 MHz sequences enumerated in § 27.14(g) and band, or Blocks C, C1, and C2 in the (h) for this failure. Under the second 746–757 MHz and 776–787 MHz bands; and option, the partitioner and partitionee for licensees holding AWS authoriza-

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each certifies that it will independ- bility for meeting the substantial serv- ently meet the construction require- ice requirement for the geographic ment for its respective partitioned li- service area. If the parties choose this cense area. If the partitioner or option and either party subsequently partitionee fails to meet the construc- fails to satisfy its substantial service tion requirement for its respective par- responsibility, both parties’ licenses titioned license area, then the con- will be subject to forfeiture without sequences for this failure shall be those further Commission action. Under the enumerated in § 27.14(g) and (h). second option, both parties certify ei- (iii) For licensees holding authoriza- ther that the disaggregator or the tions for the 600 MHz band, AWS au- disaggregatee will meet the substantial thorizations in the 1915–1920 MHz and service requirement for the geographic 1995–2000 MHz bands, or the 2000–2020 service area. If the parties choose this MHz and 2180–2200 MHz bands, or the option, and the party responsible sub- 1695–1710 MHz, 1755–1780 MHz and 2155– sequently fails to meet the substantial 2180 MHz bands, the following rules service requirement, only that party’s apply for purposes of implementing the license will be subject to forfeiture construction requirements set forth in without further Commission action. § 27.14. Each party to a geographic par- (ii) For WCS licensees holding au- titioning must individually meet any thorizations for Block A in the 698–704 service-specific performance require- MHz and 728–734 MHz bands, Block B in ments (i.e., construction and operation the 704–710 MHz and 734–740 MHz bands, requirements). If a partitioner or Block E in the 722–728 MHz band, and partitionee fails to meet any service- Blocks C, C1, or C2 in the 746–757 MHz specific performance requirements on and 776–787 MHz bands, the following or before the required date, then the rules apply for purposes of imple- consequences for this failure shall be menting the construction requirements those enumerated in § 27.14(q) for 2000– set forth in § 27.14. If either the 2020 MHz and 2180–2200 MHz licenses, disaggregator or the disaggregatee those enumerated in § 27.14(r) for 1915– meets the construction requirements 1920 MHz and 1995–2000 MHz licenses, set forth in § 27.14, then these require- and those enumerated in § 27.14(s) for ments will be considered to be satisfied 1695–1710 MHz, 1755–1780 MHz and 2155– for both parties. If neither the 2180 MHz licenses, and those enumer- disaggregator nor the disaggregatee ated in § 27.14(t) for 600 MHz band li- meets the construction requirements, censes. then both parties will be subject to the (2) Disaggregation. (i) Except for WCS consequences enumerated in § 27.14(g) licensees holding authorizations for the and (h) for this failure. 600 MHz band, Block A in the 698–704 (iii) For licensees holding authoriza- MHz and 728–734 MHz bands, Block B in tions for the 600 MHz band, AWS au- the 704–710 MHz and 734–740 MHz bands, thorizations in the 1915–1920 MHz and Block E in the 722–728 MHz band, or 1995–2000 MHz bands, or the 2000–2020 Blocks C, C1, or C2 in the 746–757 MHz MHz and 2180–2200 MHz bands, or the and 776–787 MHz bands; and for licens- 1695–1710 MHz, 1755–1780 MHz and 2155– ees holding AWS authorizations in the 2180 MHz bands, the following rules 1915–1920 MHz and 1995–2000 MHz bands, apply for purposes of implementing the the 2000–2020 MHz and 2180–2200 MHz construction requirements set forth in bands or the 1695–1710 MHz, 1755–1780 § 27.14. Each party to a spectrum MHz and 2155–2180 MHz bands; the fol- disaggregation must individually meet lowing rules apply to WCS and AWS li- any service-specific performance re- censees holding authorizations for pur- quirements (i.e., construction and oper- poses of implementing the construc- ation requirements). If a disaggregator tion requirements set forth in § 27.14. or a disaggregatee fails to meet any Parties to disaggregation agreements service-specific performance require- have two options for satisfying the ments on or before the required date, construction requirements set forth in then the consequences for this failure § 27.14. Under the first option, the shall be those enumerated in § 27.14(q) disaggregator and disaggregatee each for 2000–2020 MHz and 2180–2200 MHz li- certifies that it will share responsi- censes, those enumerated in § 27.14(r)

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for 1915–1920 MHz and 1995–2000 MHz li- terested parties, the standards will censes, those enumerated in § 27.14(s) carry a presumption of reasonableness. for 1695–1710 MHz, 1755–1780 MHz and (3) A licensee shall publish its tech- 2155–2180 MHz licenses, and those enu- nical standards, which shall be non- merated in § 27.14(t) for 600 MHz band proprietary, no later than the time at licenses. which it makes such standards available to any preferred vendors, so that [62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 FR 3146, Jan. 20, 2000; the standards are readily available to 65 FR 57268, Sept. 21, 2000; 67 FR 45373, July customers, equipment manufacturers, 9, 2002; 69 FR 5715, Feb. 6, 2004; 72 FR 48848, application developers, and other par- Aug. 24, 2007; 78 FR 8268, Feb. 5, 2013; 78 FR ties interested in using or developing 50255, Aug. 16, 2013; 79 FR 596, Jan. 6, 2014; 79 products for use on a licensee’s net- FR 32412, June 4, 2014; 79 FR 48537, Aug. 15, works. 2014] (d) Access requests. (1) Licensees shall establish and publish clear and reason- § 27.16 Network access requirements for Block C in the 746–757 and 776– able procedures for parties to seek ap- 787 MHz bands. proval to use devices or applications on the licensees’ networks. A licensee (a) Applicability. This section shall must also provide to potential cus- apply only to the authorizations for tomers notice of the customers’ rights Block C in the 746–757 and 776–787 MHz to request the attachment of a device bands assigned and only if the results or application to the licensee’s net- of the first auction in which licenses work, and notice of the licensee’s proc- for such authorizations are offered sat- ess for customers to make such re- isfied the applicable reserve price. quests, including the relevant network (b) Use of devices and applications. Li- criteria. censees offering service on spectrum (2) If a licensee determines that a re- subject to this section shall not deny, quest for access would violate its tech- limit, or restrict the ability of their nical standards or regulatory require- customers to use the devices and appli- ments, the licensee shall expeditiously cations of their choice on the licensee’s provide a written response to the re- C Block network, except: quester specifying the basis for denying (1) Insofar as such use would not be access and providing an opportunity compliant with published technical for the requester to modify its request standards reasonably necessary for the to satisfy the licensee’s concerns. management or protection of the li- (e) Handset locking prohibited. No licensee’s network, or censee may disable features on (2) As required to comply with stat- handsets it provides to customers, to ute or applicable government regula- the extent such features are compliant tion. with the licensee’s standards pursuant (c) Technical standards. For purposes to paragraph (b)of this section, nor of paragraph (b)(1) of this section: (1) Standards shall include technical configure handsets it provides to pro- requirements reasonably necessary for hibit use of such handsets on other pro- third parties to access a licensee’s net- viders’ networks. (f) Once a complain- work via devices or applications with- Burden of proof. ant sets forth a prima facie case that out causing objectionable interference the C Block licensee has refused to at- to other spectrum users or jeopardizing tach a device or application in viola- network security. The potential for ex- tion of the requirements adopted in cessive bandwidth demand alone shall this section, the licensee shall have the not constitute grounds for denying, burden of proof to demonstrate that it limiting or restricting access to the has adopted reasonable network stand- network. (2) To the extent a licensee relies on ards and reasonably applied those standards established by an inde- standards in the complainant’s case. pendent standards-setting body which Where the licensee bases its network is open to participation by representa- restrictions on industry-wide con- tives of service providers, equipment sensus standards, such restrictions manufacturers, application developers, would be presumed reasonable. consumer organizations, and other in- [72 FR 48849, Aug. 24, 2007]

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§ 27.17 Discontinuance of service in (c) Filing requirements. A licensee that the 600 MHz band and the 1695– holds a 600 MHz band authorization or 1710 MHz, 1755–1780 MHz, 1915– an AWS authorization in the 1695–1710 1920 MHz, 1995–2000 MHz, 2000– MHz, 1755–1780 MHz, 1915–1920 MHz, 2020 MHz, 2155–2180 MHz, and 1995–2000 MHz, 2000–2020 MHz, 2155–2180 2180–2200 MHz bands. MHz, and 2180–2200 MHz bands, that (a) Termination of authorization. A 600 permanently discontinues service as MHz band authorization and an AWS defined in this section must notify the authorization in the 1695–1710 MHz, Commission of the discontinuance 1755–1780 MHz, 1915–1920 MHz, 1995–2000 within 10 days by filing FCC Form 601 MHz, 2000–2020 MHz, 2155–2180 MHz, and or 605 requesting license cancellation. 2180–2200 MHz bands will automatically An authorization will automatically terminate, without specific Commis- terminate, without specific Commis- sion action, if the licensee perma- sion action, if service is permanently nently discontinues service either dur- discontinued as defined in this section, even if a licensee fails to file the re- ing the initial license term or during quired form requesting license can- any subsequent license term, as fol- cellation. lows: (1) After the interim buildout dead- [79 FR 32412, June 4, 2014, as amended at 79 line as specified in § 27.14(r), (s), or (t) FR 48538, Aug. 15, 2014] as applicable (where the licensee meets § 27.20 Digital television transition the Interim Buildout Requirement), or education reports. after the accelerated Final Buildout Requirement (where the licensee failed (a) The requirements of this section to meet the Interim Buildout Require- shall apply only with regard to WCS license authorizations in Block A in the ment). 698–704 MHz and 728–734 MHz bands, (2) After the AWS–4 final buildout Block B in the 704–710 MHz and 734–740 deadline as specified in § 27.14(q)(1) MHz bands, Block E in the 722–728 MHz (where the licensee meets the AWS–4 band, and Block C, C1 or C2 in the 746– interim buildout requirement), or after 757 MHz and 776–787 MHz bands. the accelerated final buildout deadline (b) By the tenth day of the first cal- specified in § 27.14(q)(3) (where the li- endar quarter after the initial grant of censee failed to meet its AWS–4 in- a WCS license authorization subject to terim buildout requirement). the requirements of this section—and (b) For licensees with common car- on a quarterly basis thereafter as spec- rier or non-common carrier regulatory ified in paragraph (c) of this section— status that hold 600 MHz band author- the licensee holding such authorization izations or AWS authorizations in the must file a report with the Commission 1695–1710 MHz, 1755–1780 MHz, 1915–1920 indicating whether, in the previous MHz, 1995–2000 MHz, 2000–2020 MHz, quarter, it has taken any outreach ef- 2155–2180 MHz, and 2180–2200 MHz bands, forts to educate consumers about the permanent discontinuance of service is transition from analog broadcast tele- defined as 180 consecutive days during vision service to digital broadcast tele- which a licensee does not provide serv- vision service (DTV) and, if so, what ice to at least one subscriber that is specific efforts were undertaken. Thus, not affiliated with, controlled by, or re- for example, if the license authoriza- lated to the licensee in the individual tion is granted during the April-June license area. For licensees with pri- quarter of 2008, the licensee must file vate, internal communications regu- its first report by July 10, 2008. Each latory status that hold 600 MHz band quarterly report, either paper or elec- authorizations or AWS authorizations tronic, must be filed with the Commis- in the 1695–1710 MHz, 1755–1780 MHz, sion in Docket Number 07–148. If the 1915–1920 MHz, 1995–2000 MHz, 2000–2020 quarterly report is a paper filing, the MHz, 2155–2180 MHz, and 2180–2200 MHz cover sheet must clearly state ‘‘Re- bands, permanent discontinuance of port,’’ whereas if the report is filed service is defined as 180 consecutive electronically using the Commission’s days during which a licensee does not Electronic Comment File System operate. (ECFS), the ‘‘Document Type’’ on the

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cover sheet should indicate ‘‘RE- so the stations operate with the min- PORT.’’ imum power necessary for successful (c) The reporting requirements under communications. The use of outdoor this section cover the remaining period antennas for CPE stations or outdoor of the DTV transition. Accordingly, CPE station installations operating once the licensee files its quarterly re- with 2 watts per 5 megahertz or less av- port covering the second quarter of erage EIRP using the stepped emis- 2009, the requirements of this section sions mask prescribed in § 27.53(a)(3) is terminate. prohibited except if professionally in- [73 FR 15448, Mar. 24, 2008, as amended at 74 stalled in locations removed by 20 me- FR 8878, Feb. 27, 2009; 79 FR 597, Jan. 6, 2014] ters from roadways or in locations where it can be shown that the ground Subpart C—Technical Standards power level of ¥44 dBm in the A or B blocks or ¥55 dBm in the C or D blocks § 27.50 Power limits and duty cycle. will not be exceeded at the nearest (a) The following power limits and re- road location. The use of outdoor an- lated requirements apply to stations tennas for fixed CPE stations operating transmitting in the 2305–2320 MHz band with 2 watts per 5 megahertz or less av- or the 2345–2360 MHz band. erage EIRP and the emissions mask (1) Base and fixed stations. (i) For base prescribed in § 27.53(a)(1)(i) through (iii) and fixed stations transmitting in the is permitted in all locations. For fixed 2305–2315 MHz band or the 2350–2360 WCS CPE using TDD technology, the MHz band: duty cycle must not exceed 38 percent; (A) The average equivalent (3) Mobile and portable stations. (i) For isotropically radiated power (EIRP) mobile and portable stations transmit- must not exceed 2,000 watts within any ting in the 2305–2315 MHz band or the 5 megahertz of authorized bandwidth 2350–2360 MHz band, the average EIRP and must not exceed 400 watts within must not exceed 50 milliwatts within any 1 megahertz of authorized band- any 1 megahertz of authorized bandwidth. width, except that for mobile and port- (B) The peak-to-average power ratio able stations compliant with 3GPP (PAPR) of the transmitter output LTE standards or another advanced power must not exceed 13 dB. The mobile broadband protocol that avoids PAPR measurements should be made concentrating energy at the edge of the using either an instrument with com- operating band the average EIRP must plementary cumulative distribution not exceed 250 milliwatts within any 5 function (CCDF) capabilities to deter- megahertz of authorized bandwidth but mine that PAPR will not exceed 13 dB may exceed 50 milliwatts within any 1 for more than 0.1 percent of the time or megahertz of authorized bandwidth. other Commission approved procedure. For mobile and portable stations using The measurement must be performed time division duplexing (TDD) tech- using a signal corresponding to the nology, the duty cycle must not exceed highest PAPR expected during periods of continuous transmission. 38 percent in the 2305–2315 MHz and (ii) For base and fixed stations trans- 2350–2360 MHz bands. Mobile and port- mitting in the 2315–2320 MHz band or able stations using FDD technology are the 2345–2350 MHz band, the peak EIRP restricted to transmitting in the 2305– must not exceed 2,000 watts. 2315 MHz band. Power averaging shall (2) Fixed customer premises equipment not include intervals in which the stations. For fixed customer premises transmitter is off. equipment (CPE) stations transmitting (ii) Mobile and portable stations are in the 2305–2320 MHz band or in the not permitted to transmit in the 2315– 2345–2360 MHz band, the peak EIRP 2320 MHz and 2345–2350 MHz bands. must not exceed 20 watts within any 5 (iii) Automatic transmit power control. megahertz of authorized bandwidth. Mobile and portable stations transmit- Fixed CPE stations transmitting in the ting in the 2305–2315 MHz band or in the 2305–2320 MHz band or in the 2345–2360 2350–2360 MHz band must employ auto- MHz band must employ automatic matic transmit power control when op- transmit power control when operating erating so the stations operate with

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the minimum power necessary for suc- (5) Fixed and base stations located in cessful communications. a county with population density of 100 (iv) Prohibition on external vehicle- or fewer persons per square mile, based mounted antennas. The use of external upon the most recently available popu- vehicle-mounted antennas for mobile lation statistics from the Bureau of the and portable stations transmitting in Census, and transmitting a signal in the 2305–2315 MHz band or the 2350–2360 the 746–757 MHz and 776–787 MHz bands MHz band is prohibited. with an emission bandwidth greater (b) The following power and antenna than 1 MHz must not exceed an ERP of height limits apply to transmitters op- 2000 watts/MHz and an antenna height erating in the 746–758 MHz, 775–788 MHz of 305 m HAAT, except that antenna and 805–806 MHz bands: heights greater than 305 m HAAT are (1) Fixed and base stations transmit- permitted if power levels are reduced ting a signal in the 757–758 and 775–776 below 2000 watts/MHz ERP in accord- MHz bands must not exceed an effec- ance with Table 4 of this section. tive radiated power (ERP) of 1000 watts (6) Licensees of fixed or base stations and an antenna height of 305 m height transmitting a signal in the 746–757 above average terrain (HAAT), except MHz and 776–787 MHz bands at an ERP that antenna heights greater than 305 greater than 1000 watts must comply m HAAT are permitted if power levels with the provisions set forth in paragraph (b)(8) of this section and are reduced below 1000 watts ERP in § 27.55(c). accordance with Table 1 of this section. (7) Licensees seeking to operate a (2) Fixed and base stations transmit- fixed or base station located in a counting a signal in the 746–757 MHz and ty with population density of 100 or 776–787 MHz bands with an emission fewer persons per square mile, based bandwidth of 1 MHz or less must not upon the most recently available popu- exceed an ERP of 1000 watts and an an- lation statistics from the Bureau of the tenna height of 305 m HAAT, except Census, and transmitting a signal in that antenna heights greater than 305 the 746–757 MHz and 776–787 MHz bands m HAAT are permitted if power levels at an ERP greater than 1000 watts are reduced below 1000 watts ERP in must: accordance with Table 1 of this section. (i) Coordinate in advance with all li- (3) Fixed and base stations located in censees authorized to operate in the a county with population density of 100 698–758 MHz, 775–788, and 805–806 MHz or fewer persons per square mile, based bands within 120 kilometers (75 miles) upon the most recently available popu- of the base or fixed station; lation statistics from the Bureau of the (ii) coordinate in advance with all re- Census, and transmitting a signal in gional planning committees, as identi- the 746–757 MHz and 776–787 MHz bands fied in § 90.527 of this chapter, with ju- with an emission bandwidth of 1 MHz risdiction within 120 kilometers (75 or less must not exceed an ERP of 2000 miles) of the base or fixed station. watts and an antenna height of 305 m (8) Licensees authorized to transmit HAAT, except that antenna heights in the 746–757 MHz and 776–787 MHz greater than 305 m HAAT are per- bands and intending to operate a base mitted if power levels are reduced or fixed station at a power level per- below 2000 watts ERP in accordance mitted under the provisions of para- with Table 2 of this section. graph (b)(6) of this section must pro- (4) Fixed and base stations transmit- vide advanced notice of such operation ting a signal in the 746–757 MHz and to the Commission and to licensees au- 776–787 MHz bands with an emission thorized in their area of operation. Li- bandwidth greater than 1 MHz must censees who must be notified are all li- not exceed an ERP of 1000 watts/MHz censees authorized to operate in the and an antenna height of 305 m HAAT, 758–775 MHz and 788–805 MHz bands except that antenna heights greater under part 90 of this chapter within 75 than 305 m HAAT are permitted if km of the base or fixed station and all power levels are reduced below 1000 regional planning committees, as iden- watts/MHz ERP in accordance with tified in § 90.527 of this chapter, with ju- Table 3 of this section. risdiction within 75 km of the base or

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fixed station. Notifications must pro- below 1000 watts ERP in accordance vide the location and operating param- with Table 1 of this section; eters of the base or fixed station, in- (2) Fixed and base stations located in cluding the station’s ERP, antenna co- a county with population density of 100 ordinates, antenna height above or fewer persons per square mile, based ground, and vertical antenna pattern, upon the most recently available popu- and such notifications must be pro- lation statistics from the Bureau of the vided at least 90 days prior to the com- Census, and transmitting a signal with mencement of station operation. an emission bandwidth of 1 MHz or less (9) Control stations and mobile sta- must not exceed an ERP of 2000 watts tions transmitting in the 746–757 MHz, and an antenna height of 305 m HAAT, 776–788 MHz, and 805–806 MHz bands and except that antenna heights greater fixed stations transmitting in the 787– than 305 m HAAT are permitted if 788 MHz and 805–806 MHz bands are lim- power levels are reduced below 2000 ited to 30 watts ERP. watts ERP in accordance with Table 2 (10) Portable stations (hand-held de- of this section; vices) transmitting in the 746–757 MHz, (3) Fixed and base stations transmit- 776–788 MHz, and 805–806 MHz bands are ting a signal with an emission band- limited to 3 watts ERP. width greater than 1 MHz must not ex- (11) For transmissions in the 757–758, ceed an ERP of 1000 watts/MHz and an 775–776, 787–788, and 805–806 MHz bands, antenna height of 305 m HAAT, except maximum composite transmit power that antenna heights greater than 305 shall be measured over any interval of continuous transmission using instru- m HAAT are permitted if power levels mentation calibrated in terms of RMS- are reduced below 1000 watts/MHz ERP equivalent voltage. The measurement in accordance with Table 3 of this sec- results shall be properly adjusted for tion; any instrument limitations, such as de- (4) Fixed and base stations located in tector response times, limited resolu- a county with population density of 100 tion bandwidth capability when com- or fewer persons per square mile, based pared to the emission bandwidth, etc., upon the most recently available popu- so as to obtain a true maximum com- lation statistics from the Bureau of the posite measurement for the emission in Census, and transmitting a signal with question over the full bandwidth of the an emission bandwidth greater than 1 channel. MHz must not exceed an ERP of 2000 (12) For transmissions in the 746–757 watts/MHz and an antenna height of 305 and 776–787 MHz bands, licensees may m HAAT, except that antenna heights employ equipment operating in compli- greater than 305 m HAAT are per- ance with either the measurement mitted if power levels are reduced techniques described in paragraph below 2000 watts/MHz ERP in accord- (b)(11) of this section or a Commission- ance with Table 4 of this section; approved average power technique. In (5) Licensees, except for licensees op- both instances, equipment employed erating in the 600 MHz downlink band, must be authorized in accordance with seeking to operate a fixed or base sta- the provisions of § 27.51. tion located in a county with popu- (c) The following power and antenna lation density of 100 or fewer persons height requirements apply to stations per square mile, based upon the most transmitting in the 600 MHz band and recently available population statistics the 698–746 MHz band: from the Bureau of the Census, and (1) Fixed and base stations transmit- transmitting a signal at an ERP great- ting a signal with an emission band- er than 1000 watts must: width of 1 MHz or less must not exceed (i) Coordinate in advance with all li- an effective radiated power (ERP) of censees authorized to operate in the 1000 watts and an antenna height of 305 698–758 MHz, 775–788, and 805–806 MHz m height above average terrain (HAAT), except that antenna heights bands within 120 kilometers (75 miles) greater than 305 m HAAT are per- of the base or fixed station; mitted if power levels are reduced

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(ii) coordinate in advance with all re- (11) Licensees may employ equipment gional planning committees, as identi- operating in compliance with either fied in § 90.527 of this chapter, with ju- the measurement techniques described risdiction within 120 kilometers (75 in paragraph (b)(11) of this section or a miles) of the base or fixed station. Commission-approved average power (6) Licensees of fixed or base stations technique. In both instances, equip- transmitting a signal at an ERP great- ment employed must be authorized in er than 1000 watts and greater than 1000 accordance with the provisions of watts/MHz must comply with the pro- § 27.51. visions of paragraph (c)(8) of this sec- (12) A licensee authorized to operate tion and § 27.55(b), except that licensees in the 716–722 or 722–728 MHz bands may of fixed or base stations located in a operate a fixed or base station at an county with population density of 100 ERP up to a total of 50 kW within its or fewer persons per square mile, based authorized, 6 megahertz spectrum upon the most recently available popu- block if the licensee complies with the lation statistics from the Bureau of the provisions of § 27.55(b), obtains written Census, must comply with the provi- concurrences from all affected licens- sions of paragraph (c)(8) of this section ees in the 698–746 MHz bands within 120 and § 27.55(b) only if transmitting a sig- km of the proposed high power site, nal at an ERP greater than 2000 watts and files a copy of each written concur- and greater than 2000 watts/MHz; rences with the Wireless Telecommuni- (7) A licensee authorized to operate cations Bureau on FCC Form 601. The in the 710–716 or 740–746 MHz bands may antenna height for such stations is lim- operate a fixed or base station at an ited only to the extent required to sat- ERP up to a total of 50 kW within its isfy the requirements of § 27.55(b). authorized, 6 megahertz spectrum (13) Licensees authorized to operate block if the licensee complies with the in the 716–722 or 722–728 MHz bands provisions of § 27.55(b). The antenna must coordinate with licensees with height for such stations is limited only uplink operations in the 698–716 MHz to the extent required to satisfy the re- band to mitigate the potential for quirements of § 27.55(b). harmful interference. Licensees au- (8) Licensees intending to operate a thorized to operate in the 716–722 or base or fixed station at a power level 722–728 MHz bands must mitigate harm- permitted under the provisions of para- ful interference to licensees’ uplink op- graph (c)(6) of this section must pro- erations in the 698–716 MHz band within vide advanced notice of such operation 30 days after receiving written notice to the Commission and to licensees au- from the affected licensees. A licensee thorized in their area of operation. Li- authorized to operate in the 716–722 or censees who must be notified are all li- 722–728 MHz bands must ensure that censees authorized under this part to 716–728 MHz band transmissions are fil- operate on an adjacent spectrum block tered at least to the extent that the within 75 km of the base or fixed sta- 716–728 MHz band transmissions are fil- tion. Notifications must provide the lo- tered in markets where the 716–728 MHz cation and operating parameters of the band licensee holds any license in the base or fixed station, including the sta- 698–716 band, as applicable. For pur- tion’s ERP, antenna coordinates, an- poses of coordination and mitigations tenna height above ground, and measures in paragraphs (i) and (iii) vertical antenna pattern, and such no- below, network will be deemed ‘‘de- tifications must be provided at least 90 ployed’’ as of the date upon which the days prior to the commencement of network is able to support a commer- station operation. cial mobile or data service. The coordi- (9) Control and mobile stations in the nation and mitigation measures should 698–746 MHz band are limited to 30 include, but are not limited to, the fol- watts ERP. lowing: (10) Portable stations (hand-held de- (i) If a licensee operating in the 698– vices) in the 600 MHz uplink band and 716 and 728–746 MHz band deploys a net- the 698–746 MHz band, and fixed and work after the 716–722 or 722–728 MHz mobile stations in the 600 MHz uplink bands licensee deploys a network on its band are limited to 3 watts ERP. 716–722 or 722–728 MHz spectrum in the

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same geographic market, the 716–722 or (ii) An EIRP of 1640 watts/MHz when 722–728 MHz bands licensee will work transmitting with an emission band- with the licensee with uplink oper- width greater than 1 MHz. ations in the 698–716 MHz band to iden- (3) A licensee operating a base or tify sites that will require additional fixed station in the 2110–2155 MHz band filtering, and will help the licensee op- utilizing a power greater than 1640 erating in the 698–716 and 728–746 MHz watts EIRP and greater than 1640 bands to identify proper filters; watts/MHz EIRP must coordinate such (ii) The 716–722 or 722–728 MHz bands operations in advance with all Govern- licensee must permit licensees oper- ment and non-Government satellite en- ating in the 698–716 and 728–746 MHz tities in the 2025–2110 MHz band. A li- bands to collocate on the towers it censee operating a base or fixed station owns at prevailing market rates; and in the 2110–2180 MHz band utilizing (iii) If a 698–716 and 728–746 MHz bands power greater than 1640 watts EIRP licensee deploys a network before a li- and greater than 1640 watts/MHz EIRP censee in the 716–722 or 722–728 MHz must be coordinated in advance with bands deploys a network in the same the following licensees authorized to geographic market, the 716–722 or 722– operate within 120 kilometers (75 728 MHz bands licensee will work with miles) of the base or fixed station oper- licensees in the 698–716 and 728–746 MHz ating in this band: All Broadband bands to identify sites that will need Radio Service (BRS) licensees author- additional filtering and will purchase ized under this part in the 2155–2160 and pay for installation of required fil- MHz band and all advanced wireless ters on such sites. services (AWS) licensees authorized to (d) The following power and antenna operate on adjacent frequency blocks height requirements apply to stations in the 2110–2180 MHz band. transmitting in the 1695–1710 MHz, 1710– (4) Fixed, mobile, and portable (hand- 1755 MHz, 1755–1780 MHz, 1915–1920 MHz, held) stations operating in the 1710–1755 1995–2000 MHz, 2000–2020 MHz, 2110–2155 MHz band and mobile and portable sta- MHz, 2155–2180 MHz and 2180–2200 MHz tions operating in the 1695–1710 MHz bands: and 1755–1780 MHz bands are limited to (1) The power of each fixed or base 1 watt EIRP. Fixed stations operating station transmitting in the 1995–2000 in the 1710–1755 MHz band are limited MHz, 2110–2155 MHz, 2155–2180 MHz or to a maximum antenna height of 10 2180–2200 MHz band and located in any meters above ground. Mobile and port- county with population density of 100 able stations operating in these bands or fewer persons per square mile, based must employ a means for limiting upon the most recently available popu- power to the minimum necessary for lation statistics from the Bureau of the successful communications. Census, is limited to: (5) Equipment employed must be au- (i) An equivalent isotropically radi- thorized in accordance with the provi- ated power (EIRP) of 3280 watts when sions of § 24.51. Power measurements transmitting with an emission band- for transmissions by stations author- width of 1 MHz or less; ized under this section may be made ei- (ii) An EIRP of 3280 watts/MHz when ther in accordance with a Commission- transmitting with an emission band- approved average power technique or in width greater than 1 MHz. compliance with paragraph (d)(6) of (2) The power of each fixed or base this section. In measuring trans- station transmitting in the 1995–2000 missions in this band using an average MHz, the 2110–2155 MHz 2155–2180 MHz power technique, the peak-to-average band, or 2180–2200 MHz band and situ- ratio (PAR) of the transmission may ated in any geographic location other not exceed 13 dB. than that described in paragraph (d)(1) (6) Peak transmit power must be of this section is limited to: measured over any interval of contin- (i) An equivalent isotropically radi- uous transmission using instrumenta- ated power (EIRP) of 1640 watts when tion calibrated in terms of an rms- transmitting with an emission band- equivalent voltage. The measurement width of 1 MHz or less; results shall be properly adjusted for

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any instrument limitations, such as de- power. Mobile stations transmitting in tector response times, limited resolu- the1392–1395 MHz band are limited to 1 tion bandwidth capability when com- watt EIRP peak power. pared to the emission bandwidth, sensi- (f) The following power limits apply tivity, etc., so as to obtain a true peak to the 1670–1675 MHz band: measurement for the emission in ques- (1) Fixed and base stations are lim- tion over the full bandwidth of the ited to 2000 watts EIRP peak power. channel. (2) Mobile stations are limited to 4 (7) Fixed, mobile, and portable (hand- watts EIRP peak power. held) stations operating in the 2000–2020 (g) [Reserved] MHz band are limited to 2 watts EIRP, (h) The following power limits shall except that the total power of any por- apply in the BRS and EBS: tion of an emission that falls within the 2000–2005 MHz band may not exceed (1) Main, booster and base stations. (i) 5 milliwatts. A licensee of AWS–4 au- The maximum EIRP of a main, booster thority may enter into private oper- or base station shall not exceed 33 dBW ator-to-operator agreements with all + 10log(X/Y) dBW, where X is the ac- 1995–2000 MHz licensees to operate in tual channel width in MHz and Y is ei- 2000–2005 MHz at power levels above 5 ther 6 MHz if prior to transition or the milliwatts EIRP; except the total station is in the MBS following transi- power of the AWS–4 mobile emissions tion or 5.5 MHz if the station is in the may not exceed 2 watts EIRP. LBS and UBS following transition, ex- (8) A licensee operating a base or cept as provided in paragraph (h)(1)(ii) fixed station in the 2180–2200 MHz band of this section. utilizing a power greater than 1640 (ii) If a main or booster station watts EIRP and greater than 1640 sectorizes or otherwise uses one or watts/MHz EIRP must be coordinated more transmitting antennas with a in advance with all AWS licensees au- non-omnidirectional horizontal plane thorized to operate on adjacent fre- radiation pattern, the maximum EIRP quency blocks in the 2180–2200 MHz in dBW in a given direction shall be de- band. termined by the following formula: (9) Fixed, mobile and portable (hand- EIRP = 33 dBW + 10 log(X/Y) dBW + 10 held) stations operating in the 1915–1920 log(360/beamwidth) dBW, where X is the MHz band are limited to 300 milliwatts actual channel width in MHz, Y is ei- EIRP. ther (i) 6 MHz if prior to transition or (10) A licensee operating a base or the station is in the MBS following fixed station in the 1995–2000 MHz band transition or (ii) 5.5 MHz if the station utilizing a power greater than 1640 is in the LBS and UBS following tran- watts EIRP and greater than 1640 sition, and beamwidth is the total hori- watts/MHz EIRP must be coordinated zontal plane beamwidth of the indi- in advance with all PCS G Block li- vidual transmitting antenna for the censees authorized to operate on adja- station or any sector measured at the cent frequency blocks in the 1990–1995 half-power points. MHz band within 120 kilometers of the (2) Mobile and other user stations. Mo- base or fixed station operating in this bile stations are limited to 2.0 watts band. EIRP. All user stations are limited to (e) The following power limits apply 2.0 watts transmitter output power. to the paired 1392–1395 MHz and 1432– (3) For television transmission, the 1435 MHz bands as well as the unpaired peak power of the accompanying aural 1390–1392 MHz band (1.4 GHz band): signal must not exceed 10 percent of (1) Fixed stations transmitting in the the peak visual power of the trans- 1390–1392 MHz and 1432–1435 MHz bands mitter. The Commission may order a are limited to 2000 watts EIRP peak reduction in aural signal power to di- power. Fixed stations transmitting in minish the potential for harmful inter- the 1392–1395 MHz band are limited to ference. 100 watts EIRP peak power. (4) For main, booster and response (2) Mobile stations transmitting in stations utilizing digital emissions the 1390–1392 MHz and 1432–1435 MHz with non-uniform power spectral den- bands are limited to 4 watts EIRP peak sity (e.g. unfiltered QPSK), the power

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measured within any 100 kHz resolu- imum of 33.3 watts EIRP within any 100 tion bandwidth within the 6 MHz chan- kHz segment of the 6 MHz channel, ir- nel occupied by the non-uniform emis- respective of the fact that this would sion cannot exceed the power per- result in a total 6 MHz channel power mitted within any 100 kHz resolution of less than 2000 watts EIRP. bandwidth within the 6 MHz channel if (i) Peak transmit power shall be it were occupied by an emission with measured over any interval of contin- uniform power spectral density, i.e., if uous transmission using instrumenta- the maximum permissible power of a tion calibrated in terms of rms-equiva- station utilizing a perfectly uniform lent voltage. The measurement results power spectral density across a 6 MHz shall be properly adjusted for any in- channel were 2000 watts EIRP, this strument limitations, such as detector would result in a maximum permissible response times, limited resolution power flux density for the station of bandwidth capability when compared 2000/60 = 33.3 watts EIRP per 100 kHz to the emission bandwidth, etc., so as bandwidth. If a non-uniform emission to obtain a true peak measurement for were substituted at the station, station the emission in question over the full power would still be limited to a max- bandwidth of the channel.

TABLE 1 TO § 27.50—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 757–758 AND 775–776 MHZ BANDS AND FOR BASE AND FIXED STATIONS IN THE 600 MHZ, 698–757 MHZ, 758–763 MHZ, 776–787 MHZ AND 788–793 MHZ BANDS TRANSMITTING A SIG- NAL WITH AN EMISSION BANDWIDTH OF 1 MHZORLESS

Effective radi- Antenna height (AAT) in ated power meters (ERP) (feet) (watts)

Above 1372 (4500) ...... 65 Above 1220 (4000) To 1372 (4500) ...... 70 Above 1067 (3500) To 1220 (4000) ...... 75 Above 915 (3000) To 1067 (3500) ...... 100 Above 763 (2500) To 915 (3000) ...... 140 Above 610 (2000) To 763 (2500) ...... 200 Above 458 (1500) To 610 (2000) ...... 350 Above 305 (1000) To 458 (1500) ...... 600 Up to 305 (1000) ...... 1000

TABLE 2 TO § 27.50—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 600 MHZ, 698–757 MHZ, 758–763 MHZ, 776–787 MHZ AND 788–793 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH OF 1 MHZORLESS

Effective radi- Antenna height (AAT) in ated power meters (ERP) (feet) (watts)

Above 1372 (4500) ...... 130 Above 1220 (4000) To 1372 (4500) ...... 140 Above 1067 (3500) To 1220 (4000) ...... 150 Above 915 (3000) To 1067 (3500) ...... 200 Above 763 (2500) To 915 (3000) ...... 280 Above 610 (2000) To 763 (2500) ...... 400 Above 458 (1500) To 610 (2000) ...... 700 Above 305 (1000) To 458 (1500) ...... 1200 Up to 305 (1000) ...... 2000

TABLE 3 TO § 27.50—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 600 MHZ, 698–757 MHZ, 758–763 MHZ, 776–787 MHZ AND 788–793 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH GREATER THAN 1 MHZ

Effective radi- Antenna height (AAT) in ated power meters (ERP) per (feet) MHz (watts/MHz)

Above 1372 (4500) ...... 65

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Effective radi- Antenna height (AAT) in ated power meters (ERP) per (feet) MHz (watts/MHz)

Above 1220 (4000) To 1372 (4500) ...... 70 Above 1067 (3500) To 1220 (4000) ...... 75 Above 915 (3000) To 1067 (3500) ...... 100 Above 763 (2500) To 915 (3000) ...... 140 Above 610 (2000) To 763 (2500) ...... 200 Above 458 (1500) To 610 (2000) ...... 350 Above 305 (1000) To 458 (1500) ...... 600 Up to 305 (1000) ...... 1000

TABLE 4 TO § 27.50—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE AND FIXED STATIONS IN THE 600 MHZ, 698–757 MHZ, 758–763 MHZ, 776–787 MHZ AND 788–793 MHZ BANDS TRANSMITTING A SIGNAL WITH AN EMISSION BANDWIDTH GREATER THAN 1 MHZ

Effective radi- Antenna height (AAT) in ated power meters (ERP) per (feet) MHz (watts/MHz)

[62 FR 16497, Apr. 7, 1997] quested by an applicant for a station EDITORIAL NOTE: For FEDERAL REGISTER ci- authorization by following the proce- tations affecting § 27.50, see the List of CFR dures set forth in part 2 of this chapter. Sections Affected, which appears in the Finding Aids section of the printed volume [65 FR 3147, Jan. 20, 2000] and at www.fdsys.gov. § 27.52 RF safety. EFFECTIVE DATE NOTE: At 72 FR 27709, May 16, 2007, § 27.50 was amended, in part, by re- Licensees and manufacturers are sub- vising paragraph (c). Paragraphs (c) (5) and ject to the radio frequency radiation (8) contain information collection and rec- exposure requirements specified in sec- ordkeeping requirements and will not become effective until approval has been given tions 1.1307(b), 2.1091, and 2.1093 of this by the Office of Management and Budget. chapter, as appropriate. Applications for equipment authorization of mobile § 27.51 Equipment authorization. or portable devices operating under (a) Each transmitter utilized for op- this section must contain a statement eration under this part must be of a confirming compliance with these re- type that has been authorized by the quirements for both fundamental emis- Commission under its certification pro- sions and unwanted emissions. Tech- cedure. nical information showing the basis for (b) Any manufacturer of radio trans- this statement must be submitted to mitting equipment to be used in these the Commission upon request. services may request equipment authorization following the procedures § 27.53 Emission limits. set forth in subpart J of part 2 of this (a) For operations in the 2305–2320 chapter. Equipment authorization for an individual transmitter may be re- MHz band and the 2345–2360 MHz band,

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the power of any emission outside a lion all frequencies between 2362.5 and censee’s frequency band(s) of operation 2365 MHz, 70 + 10 log (P) dB on all fre- shall be attenuated below the trans- quencies between 2365 and 2367.5 MHz, mitter power P (with averaging per- 72 + 10 log (P) dB on all frequencies be- formed only during periods of trans- tween 2367.5 and 2370 MHz, and 75 + 10 mission) within the licensed band(s) of log (P) dB above 2370 MHz. operation, in watts, by the following (3) For fixed CPE stations operating amounts: in the 2305–2320 MHz and 2345–2360 MHz (1) For base and fixed stations’ oper- bands transmitting with 2 watts per 5 ations in the 2305–2320 MHz band and megahertz average EIRP or less: the 2345–2360 MHz band: (i) By a factor of not less than 43 + 10 (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between log (P) dB on all frequencies between 2305 and 2320 MHz and on all fre- 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz quencies between 2345 and 2360 MHz that are outside the licensed band(s) of that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) operation, and not less than 75 + 10 log dB on all frequencies between 2320 and (P) dB on all frequencies between 2320 2324 MHz and between 2341 and 2345 and 2345 MHz; MHz, not less than 61 + 10 log (P) dB on (ii) By a factor of not less than 43 + all frequencies between 2324 and 2328 10 log (P) dB on all frequencies between MHz and between 2337 and 2341 MHz, 2300 and 2305 MHz, 70 + 10 log (P) dB on and not less than 67 + 10 log (P) dB on all frequencies between 2287.5 and 2300 all frequencies between 2328 and 2337 MHz, 72 + 10 log (P) dB on all fre- MHz; quencies between 2285 and 2287.5 MHz, (ii) By a factor of not less than 43 + and 75 + 10 log (P) dB below 2285 MHz; 10 log (P) dB on all frequencies between (iii) By a factor of not less than 43 + 2300 and 2305 MHz, 55 + 10 log (P) dB on 10 log (P) dB on all frequencies between all frequencies between 2296 and 2300 2360 and 2362.5 MHz, 55 + 10 log (P) dB MHz, 61 + 10 log (P) dB on all fre- on all frequencies between 2362.5 and quencies between 2292 and 2296 MHz, 67 2365 MHz, 70 + 10 log (P) dB on all fre- + 10 log (P) dB on all frequencies be- quencies between 2365 and 2367.5 MHz, tween 2288 and 2292 MHz, and 70 + 10 log 72 + 10 log (P) dB on all frequencies be- (P) dB below 2288 MHz; tween 2367.5 and 2370 MHz, and 75 + 10 (iii) By a factor of not less than 43 + log (P) dB above 2370 MHz. 10 log (P) dB on all frequencies between (2) For fixed customer premises 2360 and 2365 MHz, and not less than 70 equipment (CPE) stations operating in + 10 log (P) dB above 2365 MHz. the 2305–2320 MHz band and the 2345– (4) For mobile and portable stations 2360 MHz band transmitting with more operating in the 2305–2315 MHz and than 2 watts per 5 megahertz average 2350–2360 MHz bands: EIRP: (i) By a factor of not less than: 43 + (i) By a factor of not less than 43 + 10 10 log (P) dB on all frequencies between log (P) dB on all frequencies between 2305 and 2320 MHz and on all fre- 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz quencies between 2345 and 2360 MHz that are outside the licensed band(s) of that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) operation, and not less than 75 + 10 log dB on all frequencies between 2320 and (P) dB on all frequencies between 2320 2324 MHz and on all frequencies be- and 2345 MHz; tween 2341 and 2345 MHz, not less than (ii) By a factor of not less than 43 + 61 + 10 log (P) dB on all frequencies be- 10 log (P) dB on all frequencies between tween 2324 and 2328 MHz and on all fre- 2300 and 2305 MHz, 70 + 10 log (P) dB on quencies between 2337 and 2341 MHz, all frequencies between 2287.5 and 2300 and not less than 67 + 10 log (P) dB on MHz, 72 + 10 log (P) dB on all fre- all frequencies between 2328 and 2337 quencies between 2285 and 2287.5 MHz, MHz; and 75 + 10 log (P) dB below 2285 MHz; (ii) By a factor of not less than 43 + (iii) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on 2360 and 2362.5 MHz, 55 + 10 log (P) dB all frequencies between 2296 and 2300

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MHz, 61 + 10 log (P) dB on all fre- ellite DARS operations shall be limited quencies between 2292 and 2296 MHz, 67 to a maximum power flux density of + 10 log (P) dB on all frequencies be- ¥197 dBW/m2/4 kHz in the 2370–2390 tween 2288 and 2292 MHz, and 70 + 10 log MHz band at Arecibo, Puerto Rico. (P) dB below 2288 MHz; (c) For operations in the 746–758 MHz (iii) By a factor of not less than 43 + band and the 776–788 MHz band, the 10 log (P) dB on all frequencies between power of any emission outside the li- 2360 and 2365 MHz, and not less than 70 censee’s frequency band(s) of operation + 10 log (P) dB above 2365 MHz. shall be attenuated below the trans- (5) Measurement procedure. Compli- mitter power (P) within the licensed ance with these rules is based on the band(s) of operation, measured in use of measurement instrumentation watts, in accordance with the fol- employing a resolution bandwidth of 1 lowing: MHz or greater. However, in the 1 MHz (1) On any frequency outside the 746– bands immediately outside and adja- 758 MHz band, the power of any emis- cent to the channel blocks at 2305, 2310, sion shall be attenuated outside the 2315, 2320, 2345, 2350, 2355, and 2360 MHz, band below the transmitter power (P) a resolution bandwidth of at least 1 by at least 43 + 10 log (P) dB; percent of the emission bandwidth of (2) On any frequency outside the 776– the fundamental emission of the trans- 788 MHz band, the power of any emis- mitter may be employed. A narrower sion shall be attenuated outside the resolution bandwidth is permitted in band below the transmitter power (P) all cases to improve measurement ac- by at least 43 + 10 log (P) dB; curacy provided the measured power is (3) On all frequencies between 763–775 integrated over the full required meas- MHz and 793–805 MHz, by a factor not urement bandwidth (i.e., 1 MHz). The less than 76 + 10 log (P) dB in a 6.25 kHz emission bandwidth is defined as the band segment, for base and fixed sta- width of the signal between two points, tions; one below the carrier center frequency (4) On all frequencies between 763–775 and one above the carrier center fre- MHz and 793–805 MHz, by a factor not quency, outside of which all emissions less than 65 + 10 log (P) dB in a 6.25 kHz are attenuated at least 26 dB below the band segment, for mobile and portable transmitter power. stations; (6) [Reserved] (5) Compliance with the provisions of (7) The measurements of emission paragraphs (c)(1) and (c)(2) of this sec- power can be expressed in peak or aver- tion is based on the use of measure- age values, provided they are expressed ment instrumentation employing a res- in the same parameters as the trans- olution bandwidth of 100 kHz or great- mitter power; er. However, in the 100 kHz bands im- (8) Waiver requests of any of the out- mediately outside and adjacent to the of-band emission limits in paragraphs frequency block, a resolution band- (a)(1) through (a)(7) of this section width of at least 30 kHz may be em- shall be entertained only if inter- ployed; ference protection equivalent to that (6) Compliance with the provisions of afforded by the limits is shown; paragraphs (c)(3) and (c)(4) of this sec- (9) [Reserved] tion is based on the use of measure- (10) The out-of-band emissions limits ment instrumentation such that the in paragraphs (a)(1) through (a)(3) of reading taken with any resolution this section may be modified by the bandwidth setting should be adjusted private contractual agreement of all to indicate spectral energy in a 6.25 affected licensees, who must maintain kHz segment. a copy of the agreement in their sta- (d) [Reserved] tion files and disclose it to prospective (e) For operations in the 775–776 MHz assignees, transferees, or spectrum les- and 805–806 MHz bands, transmitters sees and, upon request, to the Commis- must comply with either paragraphs sion. (d)(1) through (5) of this section or the (b) For WCS Satellite DARS operations: ACP emission limitations set forth in The limits set forth in § 25.202(f) of this paragraphs (d)(6) to (d)(9) of this sec- chapter shall apply, except that Sat- tion.

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(1) On all frequencies between 758–775 6.25 KHZ MOBILE TRANSMITTER ACP MHz and 788–805 MHz, the power of any REQUIREMENTS emission outside the licensee’s fre- Offset from center Measurement quency bands of operation shall be at- Maximum ACP frequency bandwidth (dBc) tenuated below the transmitter power (kHz) (kHz) (P) within the licensed band(s) of oper- 6.25 6.25 ¥40 ation, measured in watts, by a factor 12.5 6.25 ¥60 18.75 6.25 ¥60 not less than 76 + 10 log (P) dB in a 6.25 25.00 6.25 ¥65 kHz band segment, for base and fixed 37.50 25.00 ¥65 stations; 62.50 25.00 ¥65 87.50 25.00 ¥65 (2) On all frequencies between 758–775 150.00 100.00 ¥65 MHz and 788–805 MHz, the power of any 250.00 100.00 ¥65 350.00 100.00 ¥65 emission outside the licensee’s fre- >400 kHz to 12 MHz 30(s) ¥75 quency bands of operation shall be at- 12 MHz to paired receive tenuated below the transmitter power band 30(s) ¥75 ¥ (P) within the licensed band(s) of oper- In the paired receive band 30(s) 100 ation, measured in watts, by a factor not less than 65 + 10 log (P) dB in a 6.25 12.5 KHZ MOBILE TRANSMITTER ACP kHz band segment, for mobile and port- REQUIREMENTS able stations; Offset from center Measurement frequency bandwidth Maximum ACP (3) On any frequency outside the 775– (kHz) (kHz) (dBc) 776 MHz and 805–806 MHz bands, the power of any emission shall be attenu- 9.375 6.25 ¥40 15.625 6.25 ¥60 ated outside the band below the trans- 21.875 6.25 ¥60 mitter power (P) within the licensed 37.50 25.00 ¥60 ¥ band(s) of operation, measured in 62.50 25.00 65 87.50 25.00 ¥65 watts, by at least 43 + 10 log (P) dB; 150.00 100 ¥65 (4) Compliance with the provisions of 250.00 100 ¥65 350.00 100 ¥65 paragraphs (e)(1) and (e)(2) of this sec- >400 to 12 MHz 30(s) ¥75 tion is based on the use of measure- 12 MHz to paired receive ment instrumentation such that the band 30(s) ¥75 In the paired receive band 30(s) ¥100 reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 25 KHZ MOBILE TRANSMITTER ACP kHz segment; REQUIREMENTS (5) Compliance with the provisions of Offset from center Measurement frequency bandwidth Maximum ACP paragraph (e)(3) of this section is based (kHz) (kHz) (dBc) on the use of measurement instrumentation employing a resolution band- 15.625 6.25 ¥40 21.875 6.25 ¥60 width of 100 kHz or greater. However, 37.50 25 ¥60 in the 100 kHz bands immediately out- 62.50 25 ¥65 side and adjacent to the frequency 87.50 25 ¥65 150.00 100 ¥65 block, a resolution bandwidth of at 250.00 100 ¥65 least 30 kHz may be employed. 350.00 100 ¥65 >400 kHz to 12 MHz 30(s) ¥75 (6) The adjacent channel power (ACP) 12 MHz to paired receive requirements for transmitters designed band 30(s) ¥75 for various channel sizes are shown in In the paired receive band 30(s) ¥100 the following tables. Mobile station requirements apply to handheld, car 150 KHZ MOBILE TRANSMITTER ACP mounted and control station units. The REQUIREMENTS tables specify a value for the ACP as a Offset from center Measurement Maximum ACP function of the displacement from the frequency bandwidth relative (dBc) channel center frequency and measure- (kHz) (kHz) ment bandwidth. In the following ta- 100 50 ¥40 bles, ‘‘(s)’’ indicates a swept measure- 200 50 ¥50 300 50 ¥50 ment may be used. 400 50 ¥50

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150 KHZ MOBILE TRANSMITTER ACP 25 KHZ BASE TRANSMITTER ACP REQUIREMENTS—Continued REQUIREMENTS

Offset from center Measurement Offset from center Measurement Maximum ACP Maximum ACP frequency bandwidth frequency bandwidth (dBc) (kHz) (kHz) relative (dBc) (kHz) (kHz)

600–1000 30(s) ¥60 15.625 6.25 ¥40 1000 to receive band 30(s) ¥70 21.875 6.25 ¥60 ¥ In the receive band 30(s) ¥100 37.5 25 60 62.5 25 ¥65 87.5 25 ¥65 6.25 KHZ BASE TRANSMITTER ACP 150 100 ¥65 250 100 ¥65 EQUIREMENTS R 350 100.00 ¥65 >400 kHz to 12 MHz 30(s) ¥80 Offset from center Measurement Maximum ACP 12 MHz to paired receive frequency bandwidth ¥ (kHz) (kHz) (dBc) band 30(s) 80 In the paired receive band 30(s) 1¥85 ¥ 6.25 6.25 40 1 Although we permit individual base transmitters to radiate 12.50 6.25 ¥60 a maximum ACP of ¥85 dBc in the paired receive band, li- 18.75 6.25 ¥60 censees deploying these transmitters may not exceed an ACP ¥ ¥ of 100 dBc in the paired receive band when measured at 25.00 6.25 65 either the transmitting antenna input port or the output of the 37.50 25 ¥65 transmitter combining network. Consequently, licensees de- 62.50 25 ¥65 ploying these transmitters may need to use external filters to 87.50 25 ¥65 comply with the more restrictive ACP limit. 150.00 100 ¥65 250.00 100 ¥65 150 KHZ BASE TRANSMITTER ACP 350.00 100 ¥65 REQUIREMENTS >400 kHz to 12 MHz 30(s) ¥80 12 MHz to paired receive Offset from center Measurement Maximum ACP ¥ frequency bandwidth band 30(s) 80 (kHz) (kHz) (dBc) In the paired receive band 30(s) 1¥85 100 50 ¥40 1 Although we permit individual base transmitters to radiate ¥ ¥ 200 50 50 a maximum ACP of 85 dBc in the paired receive band, li- ¥ censees deploying these transmitters may not exceed an ACP 300 50 55 of ¥100 dBc in the paired receive band when measured at 400 50 ¥60 either the transmitting antenna input port or the output of the 600–1000 30(s) ¥65 transmitter combining network. Consequently, licensees de- 1000 to receive band 30(s) ¥75 (continues at ploying these transmitters may need to use external filters to ¥6dB/oct comply with the more restrictive ACP limit. In the receive band 30(s) 1¥85

1 K Z ASE RANSMITTER Although we permit individual base transmitters to radiate 12.5 H B T ACP a maximum ACP of ¥85 dBc in the paired receive band, li- REQUIREMENTS censees deploying these transmitters may not exceed an ACP of ¥100 dBc in the paired receive band when measured at Offset from center Measurement either the transmitting antenna input port or the output of the frequency bandwidth Maximum ACP transmitter combining network. Consequently, licensees de- (kHz) (kHz) (dBc) ploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 9.375 6.25 ¥40 (7) ACP measurement procedure. The 15.625 6.25 ¥60 following procedures are to be followed ¥ 21.875 6.25 60 for making ACP transmitter measure- 37.5 25 ¥60 62.5 25 ¥65 ments. For time division multiple ac- 87.5 25 ¥65 cess (TDMA) systems, the measure- 150 100 ¥65 ments are to be made under TDMA op- 250 100 ¥65 eration only during time slots when 350.00 100 ¥65 the transmitter is on. All measure- ¥ >400 kHz to 12 MHz 30(s) 80 ments must be made at the input to 12 MHz to paired receive band 30(s) ¥80 the transmitter’s antenna. Measure- In the paired receive band 30(s) 1¥85 ment bandwidth used below implies an instrument that measures the power in 1 Although we permit individual base transmitters to radiate a maximum ACP of ¥85 dBc in the paired receive band, li- many narrow bandwidths (e.g., 300 Hz) censees deploying these transmitters may not exceed an ACP and integrates these powers across a of ¥100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the larger band to determine power in the transmitter combining network. Consequently, licensees de- measurement bandwidth. ploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. (i) Setting reference level. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth

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to the channel size. For example, for a that will be used with the equipment in 6.25 kHz transmitter, set the measure- normal operation. ment bandwidth to 6.25 kHz; for a 150 (g) For operations in the 600 MHz kHz transmitter, set the measurement band and the 698–746 MHz band, the bandwidth to 150 kHz. Set the fre- power of any emission outside a licens- quency offset of the measurement ee’s frequency band(s) of operation bandwidth to zero and adjust the cen- shall be attenuated below the trans- ter frequency of the spectrum analyzer mitter power (P) within the licensed to give the power level in the measure- band(s) of operation, measured in ment bandwidth. Record this power watts, by at least 43 + 10 log (P) dB. level in dBm as the ‘‘reference power Compliance with this provision is based level’’. on the use of measurement instrumen- (ii) Non-swept power measurement. tation employing a resolution band- Using a spectrum analyzer capable of width of 100 kilohertz or greater. How- ACP measurements, set the measure- ever, in the 100 kilohertz bands imme- ment bandwidth as shown in the tables diately outside and adjacent to a li- above. Measure the ACP in dBm. These censee’s frequency block, a resolution measurements should be made at max- bandwidth of at least 30 kHz may be imum power. Calculate the coupled employed. power by subtracting the measure- (h) AWS emission limits—(1) General ments made in this step from the ref- protection levels. Except as otherwise erence power measured in the previous specified below, for operations in the step. The absolute ACP values must be 1695–1710 MHz, 1710–1755 MHz, 1755–1780 less than the values given in the table MHz, 1915–1920 MHz, 1995–2000 MHz, for each condition above. 2000–2020 MHz, 2110–2155 MHz, 2155–2180 (iii) Swept power measurement. Set a MHz, and 2180–2200 bands, the power of spectrum analyzer to 30 kHz resolution any emission outside a licensee’s frequency block shall be attenuated below bandwidth, 1 MHz video bandwidth and the transmitter power (P) in watts by sample mode detection. Sweep ±MHz at least 43 + 10 log (P) dB. from the carrier frequency. Set the ref- 10 (2) Additional protection levels. Not- erence level to the RMS value of the withstanding the foregoing paragraph transmitter power and note the abso- (h)(1) of this section: lute power. The response at frequencies (i) Operations in the 2180–2200 MHz greater than 600 kHz must be less than band are subject to the out-of-band the values in the tables above. emission requirements set forth in (8) Out-of-band emission limit. On any § 27.1134 for the protection of federal frequency outside of the frequency government operations operating in ranges covered by the ACP tables in the 2200–2290 MHz band. this section, the power of any emission (ii) For operations in the 2000–2020 must be reduced below the MHz band, the power of any emissions unmodulated carrier power (P) by at below 2000 MHz shall be attenuated least 43 + 10 log (P) dB. below the transmitter power (P) in (9) Authorized bandwidth. Provided watts by at least 70 + 10 log10(P) dB. that the ACP requirements of this sec- (iii) For operations in the 1915–1920 tion are met, applicants may request MHz band, the power of any emission any authorized bandwidth that does between 1930–1995 MHz shall be attenu- not exceed the channel size. ated below the transmitter power (P) (f) For operations in the 746–758 MHz, in watts by at least 70 + 10 log10(P) dB. 775–788 MHz, and 805–806 MHz bands, (iv) For operations in the 1995–2000 emissions in the band 1559–1610 MHz MHz band, the power of any emission shall be limited to ¥70 dBW/MHz equiv- between 2005–2020 MHz shall be attenu- alent isotropically radiated power ated below the transmitter power (P) (EIRP) for wideband signals, and ¥80 in watts by at least 70 + 10 log10(P) dB. dBW EIRP for discrete emissions of (3) Measurement procedure. (i) Compli- less than 700 Hz bandwidth. For the ance with this provision is based on the purpose of equipment authorization, a use of measurement instrumentation transmitter shall be tested with an an- employing a resolution bandwidth of 1 tenna that is representative of the type megahertz or greater. However, in the 1

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megahertz bands immediately outside power of any emission outside the li- and adjacent to the licensee’s fre- censee’s frequency band(s) of operation quency block, a resolution bandwidth shall be attenuated below the trans- of at least one percent of the emission mitter power (P) by at least 43 + 10 log bandwidth of the fundamental emission (P) dB. Compliance with these provi- of the transmitter may be employed. sions is based on the procedures de- The emission bandwidth is defined as scribed in paragraph (a)(4) of this sec- the width of the signal between two tion. points, one below the carrier center (2) In the 1390–1395 MHz and 1432–1435 frequency and one above the carrier MHz bands, licensees are encouraged to center frequency, outside of which all take all reasonable steps to ensure that emissions are attenuated at least 26 dB unwanted emission power does not ex- below the transmitter power. ceed the following levels in the band (ii) When measuring the emission 1400–1427 MHz: limits, the nominal carrier frequency (i) For stations of point-to-point sys- shall be adjusted as close to the licens- tems in the fixed service: ¥45 dBW/27 ee’s frequency block edges, both upper MHz. and lower, as the design permits. (ii) For stations in the mobile serv- (iii) The measurements of emission ice: ¥60 dBW/27 MHz. power can be expressed in peak or aver- (k) For operations in the 1670–1675 age values, provided they are expressed MHz band, the power of any emission in the same parameters as the trans- outside the licensee’s frequency band(s) mitter power. of operation shall be attenuated below (4) Private agreements. (i) For AWS op- the transmitter power (P) by at least 43 erations in the 2000–2020 MHz and 2180– + 10 log (P) dB. Compliance with these 2200 MHz bands, to the extent a li- provisions is based on the procedures censee establishes unified operations described in paragraph (a)(4) of this across the AWS blocks, that licensee section. may choose not to observe the emis- (l) [Reserved] sion limit specified in paragraph (h)(1), (m) For BRS and EBS stations, the above, strictly between its adjacent power of any emissions outside the li- block licenses in a geographic area, so censee’s frequency bands of operation long as it complies with other Commis- shall be attenuated below the trans- sion rules and is not adversely affect- mitter power (P) measured in watts in ing the operations of other parties by accordance with the standards below. If virtue of exceeding the emission limit. a licensee has multiple contiguous (ii) For AWS operations in the 2000– channels, out-of-band emissions shall 2020 MHz band, a licensee may enter be measured from the upper and lower into private agreements with all li- edges of the contiguous channels. censees operating between 1995 and 2000 (1) Prior to the transition, and there- MHz to allow the 70 + 10 log10(P) dB after, solely within the MBS, for ana- limit to be exceeded within the 1995– log operations with an EIRP in excess 2000 MHz band. of ¥9 dBW, the signal shall be attenu- (iii) An AWS licensee who is a party ated at the channel edges by at least 38 to a private agreement described in dB relative to the peak visual carrier, this section (4) must maintain a copy then linearly sloping from that level to of the agreement in its station files at least 60 dB of attenuation at 1 MHz and disclose it, upon request, to pro- below the lower band edge and 0.5 MHz spective AWS assignees, transferees, or above the upper band edge, and attenu- spectrum lessees and to the Commis- ated at least 60 dB at all other fre- sion. quencies. (i) When an emission outside of the (2) For digital base stations, the at- authorized bandwidth causes harmful tenuation shall be not less than 43 + 10 interference, the Commission may, at log (P) dB, unless a documented inter- its discretion, require greater attenu- ference complaint is received from an ation than specified in this section. adjacent channel licensee with an over- (j)(1) For operations in the unpaired lapping Geographic Service Area. Mo- 1390–1392 MHz band and the paired 1392– bile Satellite Service licensees oper- 1395 MHz and 1432–1435 MHz bands, the ating on frequencies below 2495 MHz

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may also submit a documented inter- or below, from the channel edge of its ference complaint against BRS licens- frequency block of the new or modified ees operating on channel BRS No. 1 on base station. the same terms and conditions as adja- (iii) If a new or modified base station cent channel BRS or EBS licensees. suffers harmful interference from emis- Provided that a documented inter- sions caused by a pre-existing base sta- ference complaint cannot be mutually tion located 1.5 km or more away, resolved between the parties prior to within 60 days of receipt of a docu- the applicable deadline, then the fol- mented interference complaint the li- lowing additional attenuation require- censee of each base station must at- ments shall apply: tenuate its base station emissions by (i) If a pre-existing base station suf- at least 67 + 10 log (P) dB measured at fers harmful interference from emis- 3 megahertz, above or below, from the sions caused by a new or modified base channel edge of its frequency block of station located 1.5 km or more away, the other licensee. within 24 hours of the receipt of a docu- (iv) If a new or modified base station mented interference complaint the li- suffers harmful interference from emis- censee of the new or modified base sta- sions caused by a pre-existing base station must attenuate its emissions by at tion located less than 1.5 km away, least 67 + 10 log (P) dB measured at 3 within 60 days of receipt of a docu- megahertz, above or below, from the mented interference complaint: (a) The channel edge of its frequency block and licensee of the new or modified base shall immediately notify the com- station must attenuate its OOBE by at plaining licensee upon implementation least 67 + 10 log (P)¥20 log (Dkm/1.5) of the additional attenuation. No later measured 3 megahertz above or below, than 60 days after the implementation from the channel edge of its frequency of such additional attenuation, the li- block of the other licensee, or if the censee of the complaining base station base stations are co-located, limit its must attenuate its base station emis- undesired signal level at the other base sions by at least 67 + 10 log (P) dB station receiver(s) to no more than measured at 3 megahertz, above or ¥107 dBm measured in a 5.5-megahertz below, from the channel edge of its fre- bandwidth; and (b) the licensee causing quency block of the new or modified the interference must attenuate its base station. emissions by at least 67 + 10 log (P) dB (ii) If a pre-existing base station suf- measured at 3 megahertz, above or fers harmful interference from emis- below, from the channel edge of its fre- sions caused by a new or modified base quency block of the new or modified station located less than 1.5 km away, base station. within 24 hours of receipt of a docu- (v) For all fixed digital user stations, mented interference complaint the li- the attenuation factor shall be not less censee of the new or modified base sta- than 43 + 10 log (P) dB at the channel tion must attenuate its emissions by at edge. least 67 + 10 log (P)¥20 log (Dkm/1.5) (3) Prior to transition and thereafter dB measured at 3 megahertz, above or solely within the MBS, and notwith- below, from the channel edge of its fre- standing paragraph (l)(2) of this sec- quency block of the complaining li- tion, the maximum out-of-band power censee, or if both base stations are co- of a digital transmitter operating on a located, limit its undesired signal level single 6 MHz channel with an EIRP in at the pre-existing base station re- excess of ¥9 dBW employing digital ceiver(s) to no more than ¥107 dBm modulation for the primary purpose of measured in a 5.5 megahertz bandwidth transmitting video programming shall and shall immediately notify the com- be attenuated at the 6 MHz channel plaining licensee upon such reduction edges at least 25 dB relative to the li- in the undesired signal level. No later censed average 6 MHz channel power than 60 days after such reduction in the level, then attenuated along a linear undesired signal level, the complaining slope to at least 40 dB at 250 kHz be- licensee must attenuate its base sta- yond the nearest channel edge, then at- tion emissions by at least 67 + 10 log tenuated along a linear slope from that (P) dB measured at 3 megahertz, above level to at least 60 dB at 3 MHz above

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the upper and below the lower licensed ured power is integrated over the full channel edges, and attenuated at least required measurement bandwidth (i.e. 1 60 dB at all other frequencies. megahertz or 1 percent of emission (4) For mobile digital stations, the bandwidth, as specified; or 1 megahertz attenuation factor shall be not less or 2 percent for mobile digital stations, than 40 + 10 log (P) dB on all fre- except in the band 2495–2496 MHz). The quencies between the channel edge and emission bandwidth is defined as the 5 megahertz from the channel edge, 43 width of the signal between two points, + 10 log (P) dB on all frequencies be- one below the carrier center frequency tween 5 megahertz and X megahertz and one above the carrier center fre- from the channel edge, and 55 + 10 log quency, outside of which all emissions (P) dB on all frequencies more than X are attenuated at least 26 dB below the megahertz from the channel edge, transmitter power. With respect to tel- where X is the greater of 6 megahertz evision operations, measurements must or the actual emission bandwidth as be made of the separate visual and defined in paragraph (m)(6) of this sec- aural operating powers at sufficiently tion. In addition, the attenuation fac- frequent intervals to ensure compli- tor shall not be less that 43 + 10 log (P) ance with the rules. dB on all frequencies between 2490.5 (7) Alternative out of band emission MHz and 2496 MHz and 55 + 10 log (P) limit. Licensees in this service may es- dB at or below 2490.5 MHz. Mobile Sat- tablish an alternative out of band ellite Service licensees operating on emission limit to be used at specified frequencies below 2495 MHz may also band edge(s) in specified geographical submit a documented interference areas, in lieu of that set forth in this complaint against BRS licensees oper- section, pursuant to a private contrac- ating on channel BRS Channel 1 on the tual arrangement of all affected licens- same terms and conditions as adjacent ees and applicants. In this event, each channel BRS or EBS licensees. party to such contract shall maintain a (5) Notwithstanding the provisions of copy of the contract in their station paragraphs (l)(2) and (l)(4) of this sec- files and disclose it to prospective as- tion, prior to transition, a licensee signees or transferees and, upon re- may continue to operate facilities de- quest, to the FCC. ployed as of January 10, 2005 provided (n) When an emission outside of the that such facilities operate in compli- authorized bandwidth causes harmful ance with the emission mask applica- interference, the Commission may, at ble to those services prior to January its discretion, require greater attenu- 10, 2005. ation than specified in this section. (6) Measurement procedure. Compli- [62 FR 16497, Apr. 7, 1997] ance with these rules is based on the EDITORIAL NOTE: For FEDERAL REGISTER ci- use of measurement instrumentation tations affecting § 27.53, see the List of CFR employing a resolution bandwidth of 1 Sections Affected, which appears in the megahertz or greater. However, in the 1 Finding Aids section of the printed volume MHz bands immediately outside and and at www.fdsys.gov. adjacent to the frequency block a resolution bandwidth of at least one per- § 27.54 Frequency stability. cent of the emission bandwidth of the The frequency stability shall be suffi- fundamental emission of the trans- cient to ensure that the fundamental mitter may be employed; for mobile emissions stay within the authorized digital stations, in the 1 megahertz bands of operation. bands immediately outside and adjacent to the frequency block a resolu- § 27.55 Power strength limits. tion bandwidth of at least two percent (a) Field strength limits. For the fol- may be employed, except when the 1 lowing bands, the predicted or meas- megahertz band is 2495–2496 MHz, in ured median field strength at any loca- which case a resolution bandwidth of tion on the geographical border of a li- at least one percent may be employed. censee’s service area shall not exceed A narrower resolution bandwidth is the value specified unless the adjacent permitted in all cases to improve meas- affected service area licensee(s) urement accuracy provided the meas- agree(s) to a different field strength.

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This value applies to both the initially missions), the signal strength at such offered service areas and to partitioned point that resulted from the station’s service areas. operations immediately prior to the (1) 1995–2000 MHz, 2110–2155, 2155–2180, transition, provided that such oper- 2180–2200, 2305–2320, and 2345–2360 MHz ations complied with paragraph bands: 47 dBμV/m. (a)(4)(i) of this section. (2) 600 MHz, 698–758, and 775–787 MHz (b) Power flux density limit for stations bands: 40 dBμV/m. operating in the 698–746 MHz bands. For (3) The paired 1392–1395 MHz and 1432– base and fixed stations operating in the 1435 MHz bands and the unpaired 1390– 698–746 MHz band in accordance with 1392 MHz band (1.4 GHz band): 47 dBμV/ the provisions of § 27.50(c)(6), the power m. flux density that would be produced by (4) BRS and EBS: The predicted or such stations through a combination of measured median field strength at any antenna height and vertical gain pat- location on the geographical border of tern must not exceed 3000 microwatts a licensee’s service area shall not ex- per square meter on the ground over ceed the value specified unless the ad- the area extending to 1 km from the jacent affected service area licensee(s) base of the antenna mounting struc- agree(s) to a different field strength. ture. This value applies to both the initially (c) Power flux density limit for stations offered services areas and to parti- operating in the 746–757 MHz and 776–787 tioned services areas. Licensees may MHz bands. For base and fixed stations exceed this signal level where there is operating in the 746–757 MHz and 776– no affected licensee that is constructed 787 MHz bands in accordance with the and providing service. Once the af- provisions of § 27.50(b)(6), the power flux fected licensee is providing service, the density that would be produced by such original licensee will be required to stations through a combination of an- take whatever steps necessary to com- tenna height and vertical gain pattern ply with the applicable power level at must not exceed 3000 microwatts per its GSA boundary, absent consent from square meter on the ground over the the affected licensee. area extending to 1 km from the base (i) Prior to transition, the signal of the antenna mounting structure. strength at any point along the licens- [69 FR 5715, Feb. 6, 2004, as amended at 69 FR ee’s GSA boundary does not exceed the 72034, Dec. 10, 2004; 72 FR 27712, May 16, 2007; greater of that permitted under the li- 72 FR 48852, Aug. 24, 2007; 73 FR 26040, May 8, censee’s Commission authorizations as 2008; 78 FR 8270, Feb. 5, 2013; 78 FR 50256, Aug. of January 10, 2005 or 47 dBμV/m. 16, 2013; 79 FR 599, Jan. 6, 2014; 79 FR 32413, (ii) Following transition, for stations June 4, 2014; 79 FR 48539, Aug. 15, 2014] in the LBS and UBS, the signal strength at any point along the licens- § 27.56 Antenna structures; air naviga- ee’s GSA boundary must not exceed 47 tion safety. dBμV/m. This field strength is to be A licensee that owns its antenna measured at 1.5 meters above the structure(s) must not allow such an- ground over the channel bandwidth tenna structure(s) to become a hazard (i.e., each 5.5 MHz channel for licensees to air navigation. In general, antenna that hold a full channel block, and for structure owners are responsible for the 5.5 MHz channel for licensees that registering antenna structures with hold individual channels). the FCC if required by part 17 of this (iii) Following transition, for sta- chapter, and for installing and main- tions in the MBS, the signal strength taining any required marking and at any point along the licensee’s GSA lighting. However, in the event of de- boundary must not exceed the greater fault of this responsibility by an an- of ¥73.0 + 10 log(X/6) dBW/m2, where X tenna structure owner, the FCC per- is the bandwidth in megahertz of the mittee or licensee authorized to use an channel, or for facilities that are sub- affected antenna structure will be held stantially similar to the licensee’s pre- responsible by the FCC for ensuring transition facilities (including modi- that the antenna structure continues fications that do not alter the funda- to meet the requirements of part 17 of mental nature or use of the trans- this chapter. See § 17.6 of this chapter.

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(a) Marking and lighting. Antenna 2200 MHz bands is subject to inter- structures must be marked, lighted and national agreements with Mexico and maintained in accordance with part 17 Canada. of this chapter and all applicable rules [62 FR 9658, Mar. 3, 1997, as amended at 67 FR and requirements of the Federal Avia- 5511, Feb. 6, 2002; 69 FR 5715, Feb. 6, 2004; 72 tion Administration. For any construc- FR 48852, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014; tion or alteration that would exceed 79 FR 32413, June 4, 2014; 79 FR 48539, Aug. 15, the requirements of section 17.7 of this 2014] chapter, licensees must notify the appropriate Regional Office of the Fed- § 27.58 Interference to BRS/EBS re- eral Aviation Administration (FAA ceivers. Form 7460–1) and file a request for an- (a) WCS licensees shall bear full fi- tenna height clearance and obstruction nancial obligation to remedy inter- marking and lighting specifications ference to BRS/EBS block (FCC Form 854) with the FCC, WTB, downconverters if all of the following 1270 Fairfield Road, Gettysburg, PA conditions are met: 17325. (1) The complaint is received by the (b) Maintenance contracts. Antenna WCS licensee prior to February 20, 2002; structure owners (or licensees and per- (2) The BRS/EBS downconverter was mittees, in the event of default by an installed prior to August 20, 1998; antenna structure owner) may enter (3) The WCS fixed or land station into contracts with other entities to transmits at 50 or more watts peak monitor and carry out necessary main- EIRP; tenance of antenna structures. An- (4) The BRS/EBS downconverter is lo- tenna structure owners (or licensees cated within a WCS transmitter’s free and permittees, in the event of default space power flux density contour of by an antenna structure owner) that ¥34 dBW/m2; and make such contractual arrangements (5) The BRS/EBS customer or li- continue to be responsible for the censee has informed the WCS licensee maintenance of antenna structures in of the interference within one year regard to air navigation safety. from the initial operation of the WCS transmitter or within one year from § 27.57 International coordination. any subsequent power increases at the (a) WCS operations in the border WCS station. areas shall be subject to coordination (b) Resolution of the complaint shall with those countries and provide pro- be at no cost to the complainant. tection to non-U.S. operations in the (c) Two or more WCS licensees collo- 2305–2320 and 2345–2360 MHz bands as ap- cating their antennas on the same propriate. In addition, satellite DARS tower shall assume shared responsi- operations in WCS spectrum shall be bility for remedying interference com- subject to international satellite co- plaints within the area determined by ordination procedures. paragraph (a)(4) of this section unless (b) Wireless operations in the 512–608 an offending station can be readily de- MHz, 614–763 MHz, 775–793 MHz, and 805– termined and then that station shall 806 MHz bands are subject to current assume full financial responsibility. and future international agreements (d) If the WCS licensee cannot other- between the United States and Canada wise eliminate interference caused to and the United States and Mexico. Un- BRS/EBS reception, then that licensee less otherwise modified by inter- must cease operations from the offend- national treaty, licenses must not ing WCS facility. cause interference to, and must accept (e) At least 30 days prior to com- harmful interference from, television mencing operations from any new WCS broadcast operations in Mexico and transmission site or with increased Canada, where these services are co- power from any existing WCS trans- primary in the band. mission site, a WCS licensee shall no- (c) Operation in the 1695–1710 MHz, tify all BRS/EBS licensees in or 1710–1755 MHz, 1755–1780 MHz, 1915–1920 through whose licensed service areas MHz, 1995–2000 MHz, 2000–2020 MHz, they intend to operate of the technical 2110–2155 MHz, 2155–2180 MHz, and 2180– parameters of the WCS transmission

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facility. WCS and BRS/EBS licensees bles to determine the necessary min- are expected to coordinate voluntarily imum distance from the 698–758 MHz, and in good faith to avoid interference 775–788 MHz, and 805–806 MHz station to problems and to allow the greatest the TV/DTV station, assuming that the operational flexibility in each other’s TV/DTV station has a hypothetical or operations. equivalent Grade B contour of 88.5 kilometers (55 miles), are located in § 90.309 [62 FR 16498, Apr. 7, 1997, as amended at 69 FR 72034, Dec. 10, 2004] of this chapter and labeled as Tables B, D, and E. The locations of existing and § 27.59 [Reserved] proposed TV/DTV stations during the period of transition from analog to dig- § 27.60 TV/DTV interference protection ital TV service are given in part 73 of criteria. this chapter and in the final pro- Base, fixed, control, and mobile ceedings of MM Docket No. 87–268. transmitters in the 698–758 MHz, 775–788 (1) Licensees of stations operating MHz, and 805–806 MHz frequency bands within the ERP and HAAT limits of must be operated only in accordance § 27.50 must select one of four methods with the rules in this section to reduce to meet the TV/DTV protection re- the potential for interference to public quirements, subject to Commission ap- reception of the signals of existing TV proval: and DTV broadcast stations transmit- (i) Utilize the geographic separation ting on TV Channels 51 through 68. specified in Tables B, D, and E of (a) D/U ratios. Licensees must choose § 90.309 of this chapter, as appropriate; site locations that are a sufficient dis- (ii) When station parameters are tance from co-channel and adjacent greater than those indicated in the ta- channel TV and DTV stations, and/or bles, calculate geographic separation must use reduced transmitting power in accordance with the required D/U ra- or transmitting antenna height such tios, as provided in paragraph (a) of that the following minimum desired this section; signal-to-undesired signal ratios (D/U (iii) Submit an engineering study jus- ratios) are met. tifying the proposed separations based (1) The minimum D/U ratio for co- on the parameters of the land mobile channel stations is: station and the parameters, including (i) 40 dB at the hypothetical Grade B authorized and/or applied for facilities, contour (64 dBμV/m) (88.5 kilometers of the TV/DTV station(s) it is trying to (55 miles)) of the TV station; protect; or, (ii) For transmitters operating in the (iv) Obtain written concurrence from 698–746 MHz frequency band, 23 dB at the applicable TV/DTV station(s). If the equivalent Grade B contour (41 this method is chosen, a copy of the dBμV/m) (88.5 kilometers (55 miles)) of agreement must be submitted with the the DTV station; or application. (iii) For transmitters operating in (2) The following is the method for the 746–758 MHz, 775–788 MHz, and 805– geographic separations. (i) Base and 806 MHz frequency bands, 17 dB at the fixed stations that operate in the 746– equivalent Grade B contour (41 dBμV/ 758 MHz and 775–787 MHz bands having m) (88.5 kilometers (55 miles)) of the an antenna height (HAAT) less than 152 DTV station. m. (500 ft.) shall afford protection to (2) The minimum D/U ratio for adja- co-channel and adjacent channel TV/ cent channel stations is 0 dB at the hy- DTV stations in accordance with the pothetical Grade B contour (64 dBμV/m) values specified in Table B (co-channel (88.5 kilometers (55 miles)) of the TV frequencies based on 40 dB protection) station or ¥23 dB at the equivalent and Table E (adjacent channel fre- Grade B contour (41 dBμV/m) (88.5 kilo- quencies based on 0 dB protection) in meters (55 miles)) of the DTV station. § 90.309 of this chapter. Base and fixed (b) TV stations and calculation of con- stations that operate in the 698–746 tours. The methods used to calculate MHz band having an antenna height TV contours and antenna heights (HAAT) less than 152 m. (500 ft.) shall above average terrain are given in afford protection to adjacent channel §§ 73.683 and 73.684 of this chapter. Ta- DTV stations in accordance with the

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values specified in Table E in § 90.309 of therefore shall afford protection to co- this chapter, shall afford protection to channel and adjacent channel TV/DTV co-channel DTV stations by providing stations in the following manner: 23 dB protection to such stations’ (A) For control, fixed, and mobile equivalent Grade B contour (41 dBμV/ stations (including portables) that op- m), and shall afford protection to co- erate in the 787–788 MHz and 805–806 channel and adjacent channel TV sta- MHz bands and control and mobile stations in accordance with the values tions (including portables) that operate specified in Table B (co-channel fre- in the 746–757 MHz and 776–787 MHz quencies based on 40 dB protection) and bands, co-channel protection shall be Table E (adjacent channel frequencies afforded in accordance with the values based on 0 dB protection) in § 90.309 of specified in Table D (co-channel fre- this chapter. For base and fixed sta- quencies based on 40 dB protection for tions having an antenna height (HAAT) TV stations and 17 dB for DTV sta- between 152–914 meters (500–3,000 ft.) tions) in § 90.309 of this chapter. the effective radiated power must be (B) For control and mobile stations reduced below 1 kilowatt in accordance (including portables) that operate in with the values shown in the power re- the 698–746 MHz band, co-channel production graph in Figure B in § 90.309 of tection shall be afforded to TV stations this chapter. For heights of more than in accordance with the values specified 152 m. (500 ft.) above average terrain, in Table D (co-channel frequencies the distance to the radio path horizon based on 40 dB protection) and to DTV will be calculated assuming smooth stations by providing 23 dB protection earth. If the distance so determined to such stations’ equivalent Grade B equals or exceeds the distance to the contour (41 dBμV/m). hypothetical or equivalent Grade B (C) For control, fixed, and mobile sta- contour of a co-channel TV/DTV stations (including portables) that operate tion (i.e., it exceeds the distance from in the 787–788 MHz and 805–806 MHz the appropriate Table in § 90.309 of this bands and control and mobile stations chapter to the relevant TV/DTV sta- (including portables) that operate in tion), an authorization will not be the 698–757 MHz and 776–787 MHz bands, granted unless it can be shown in an adjacent channel protection shall be engineering study (see paragraph afforded by providing a minimum dis- (b)(1)(iii) of this section) that actual tance of 8 kilometers (5 miles) from all terrain considerations are such as to adjacent channel TV/DTV station hy- provide the desired protection at the pothetical or equivalent Grade B con- actual Grade B contour (64 dBμV/m for tours (adjacent channel frequencies TV and 41 dBμV/m for DTV stations) or based on 0 dB protection for TV sta- unless the effective radiated power will tions and ¥23 dB for DTV stations). be further reduced so that, assuming (D) Since control, fixed, and mobile free space attenuation, the desired pro- stations may affect different TV/DTV tection at the actual Grade B contour stations than the associated base or (64 dBμV/m for TV and 41 dBμV/m cov- fixed station, particular care must be erage contour for DTV stations) will be taken by applicants/licensees to ensure achieved. Directions for calculating that all appropriate TV/DTV stations powers, heights, and reduction curves are considered (e.g., a base station may are listed in § 90.309 of this chapter for be operating within TV Channel 62 and land mobile stations. Directions for the mobiles within TV Channel 67, in calculating coverage contours are list- which case TV Channels 61, 62, 63, 66, 67 ed in §§ 73.683 through 73.685 of this and 68 must be protected). Control, chapter for TV stations and in § 73.625 fixed, and mobile stations shall keep a of this chapter for DTV stations. minimum distance of 96.5 kilometers (ii) Control, fixed, and mobile sta- (60 miles) from all adjacent channel tions (including portables) that operate TV/DTV stations. Since mobiles and in the 787–788 MHz and 805–806 MHz portables are able to move and commu- bands and control and mobile stations nicate with each other, licensees must (including portables) that operate in determine the areas where the mobiles the 698–757 MHz and 776–787 MHz bands can and cannot roam in order to pro- are limited in height and power and tect the TV/DTV stations.

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NOTE TO § 27.60: The 88.5 km (55mi) Grade B provided against mobile-to-mobile in- service contour (64 dBμV/m) is based on a hy- terference. pothetical TV station operating at an effec- (3) Interference to base receivers from tive radiated power of one megawatt, a transmitting antenna height above average mobile transmitters. No protection is terrain of 610 meters (2000 feet) and the Com- provided against mobile-to-base inter- mission’s R–6602 F(50,50) curves. See § 73.699 of ference. this chapter. Maximum facilities for TV sta- (4) Interference to fixed stations. Li- tions operating in the UHF band are 5 censees should attempt to resolve such megawatts effective radiated power at an an- interference by technical means or op- tenna HAAT of 610 meters (2,000 feet). See erating arrangements. § 73.614 of this chapter. The equivalent contour for DTV stations is based on a 41 dBμV/ (5) Anomalous or infrequent propaga- m signal strength and the distance to the tion modes. No protection is provided F(50,90) curve. See § 73.625 of this chapter. against interference caused by tropospheric and ionospheric propagation of [72 FR 48852, Aug. 24, 2007, as amended at 79 FR 599, Jan. 6, 2014] signals. (d) Harmful interference to SDARS op- §§ 27.61–27.62 [Reserved] erations requiring resolution. The following conditions will be presumed to § 27.64 Protection from interference. constitute harmful interference to Wireless Communications Service SDARS operations from WCS oper- (WCS) stations operating in full ac- ations in the 2305–2320 MHz and 2345– cordance with applicable FCC rules and 2360 MHz bands and require WCS opera- the terms and conditions of their au- tors to work cooperatively with thorizations are normally considered SDARS operators to address areas to be non-interfering. If the FCC deter- where such power levels are exceeded mines, however, that interference and harmful interference occurs: which significantly interrupts or de- (1) A WCS ground signal level greater ¥ grades a radio service is being caused, than 44 dBm in the upper or lower A ¥ it may, after notice and an opportunity or B block, or 55 dBm in the C or D for a hearing, require modifications to block, present at a location on a road- any WCS station as necessary to elimi- way, where a test demonstrates that nate such interference. SDARS service would be muted over a (a) Failure to operate as authorized. road distance of greater than 50 me- Any licensee causing interference to ters; or the service of other stations by failing (2) A WCS ground signal level exceed- ¥ to operate its station in full according 44 dBm in the upper or lower A or ¥ ance with its authorization and appli- B block, or 55 dBm in the C or D cable FCC rules shall discontinue all block on a test drive route, which is transmissions, except those necessary mutually agreed upon by the WCS li- for the immediate safety of life or censee and the SDARS licensee, for property, until it can bring its station more than 1 percent of the cumulative into full compliance with the author- surface road distance on that drive ization and rules. route, where a test demonstrates that (b) Intermodulation interference. Li- SDARS service would be muted over a censees should attempt to resolve such cumulative road distance of greater interference by technical means. than 0.5 percent (incremental to any (c) Situations in which no protection is muting present prior to use of WCS fre- afforded. Except as provided elsewhere quencies in the area of that drive test). in this part, no protection from inter- [62 FR 9658, Mar. 3, 1997, as amended at 78 FR ference is afforded in the following sit- 9621, Feb. 11, 2013] uations: (1) Interference to base receivers from § 27.65 Acceptance of interference in base or fixed transmitters. Licensees 2000–2020 MHz. should attempt to resolve such inter- (a) Receivers operating in the 2000– ference by technical means or oper- 2020 MHz band must accept inter- ating arrangements. ference from lawful operations in the (2) Interference to mobile receivers from 1995–2000 MHz band, where such inter- mobile transmitters. No protection is ference is due to:

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(1) The in-band power of any oper- § 27.70 Information exchange. ations in 1995–2000 MHz (i.e., the por- (a) Prior notification. Public safety li- tion transmit power contained in the censees authorized to operate in the 1995–2000 MHz band); or 758–775 MHz and 788–805 MHz bands may (2) The portion of out-of-band emis- notify any licensee authorized to oper- sions contained in 2000–2005 MHz. ate in the 746–757 or 776–787 MHz bands (b) [Reserved] that they wish to receive prior notification of the activation or modifica- [78 FR 8270, Feb. 5, 2013] tion of the licensee’s base or fixed sta- § 27.66 Discontinuance, reduction, or tions in their area. Thereafter, the 746– impairment of service. 757 or 776–787 MHz band licensee must provide the following information to (a) Involuntary act. If the service pro- the public safety licensee at least 10 vided by a fixed common carrier li- business days before a new base or censee, or a fixed common carrier oper- fixed station is activated or an existing ating on spectrum licensed to a Guard base or fixed station is modified: Band Manager, is involuntarily discon- (1) Location; tinued, reduced, or impaired for a pe- (2) Effective radiated power; riod exceeding 48 hours, the licensee (3) Antenna height; and must promptly notify the Commission, (4) Channels available for use. in writing, as to the reasons for dis- (b) Purpose of prior notification. The continuance, reduction, or impairment prior coordination of base or fixed sta- of service, including a statement when tions is for informational purposes normal service is to be resumed. When only. Public safety licensees are not af- normal service is resumed, the licensee forded the right to accept or reject the must promptly notify the Commission. activation of a proposed base or fixed (b) Voluntary act by common carrier. If station or to unilaterally require a fixed common carrier licensee, or a changes in its operating parameters. fixed common carrier operating on The principal purposes of notification spectrum licensed to a Guard Band are to: Manager, voluntarily discontinues, re- (1) Allow a public safety licensee to duces, or impairs service to a commu- advise the 746–757 or 776–787 MHz band nity or part of a community, it must licensee whether it believes a proposed obtain prior authorization as provided base or fixed station will generate un- under § 63.71 of this chapter. An appli- acceptable interference; cation will be granted within 31 days (2) Permit 746–757 and 776–787 MHz after filing if no objections have been band licensees to make voluntary received. changes in base or fixed station parameters when a public safety licensee (c) Voluntary act by non-common car- alerts them to possible interference; rier. If a fixed non-common carrier li- and, censee, or a fixed non-common carrier (3) Rapidly identify the source if in- operating on spectrum licensed to a terference is encountered when the Guard Band Manager, voluntarily dis- base or fixed station is activated. continues, reduces, or impairs service to a community or part of a commu- [72 FR 27712, May 16, 2007, as amended at 72 nity, it must given written notice to FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014] the Commission within seven days. § 27.72 Information sharing require- (d) Notifications and requests. Notifica- ments. tions and requests identified in para- This section requires WCS licensees graphs(a) through (c) of this section in the 2305–2320 MHz and 2345–2360 MHz should be sent to: Federal Communica- bands to share information regarding tions Commission, Common Carrier the location and operation of base and Radio Services, 1270 Fairfield Road, fixed stations (except fixed customer Gettysburg, Pennsylvania, 17325. premises equipment) with Satellite [65 FR 3149, Jan. 20, 2000; 65 FR 12483, Mar. 9, Digital Audio Radio Service (SDARS) 2000, as amended at 65 FR 17605, Apr. 4, 2000; licensees in the 2320–2345 MHz band. 65 FR 57267, Sept. 21, 2000] Section 25.263 of this chapter requires

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SDARS licensees in the 2320–2345 MHz exempt from the notice requirements band to share information regarding set forth in this paragraph. the location and operation of terres- (3) WCS and SDARS licensees may trial repeaters with WCS licensees in enter into agreements regarding alter- the 2305–2320 MHz and 2345–2360 MHz native notification procedures. bands. WCS licensees are encouraged to (c) Contents of notice. (1) Notification develop separate coordination agree- must be written (e.g., certified letter, ments with SDARS licensees to facili- fax, or e-mail) and include the licens- tate efficient deployment of and coex- ee’s name, and the name, address, and istence between each service. To the telephone number of its coordination extent the provisions of any such co- representative, unless the SDARS li- ordination agreement conflict with the censee and all potentially affected WCS requirements set forth herein, the pro- licensees reach a mutual agreement to cedures established under a coordina- provide notification by some other tion agreement will control. WCS li- means. WCS licensees and SDARS licensees must maintain a copy of any censees may establish such a mutually coordination agreement with an agreeable alternative notification SDARS licensee in their station files mechanism without prior Commission and disclose it to prospective assignees, approval, provided that they comply transferees, or spectrum lessees and, with all other requirements of this sec- upon request, to the Commission. tion. (a) Sites and frequency selections. WCS (2) Regardless of the notification licensees must select base and fixed method, it must specify relevant tech- station sites and frequencies, to the ex- nical details, including, at a minimum: tent practicable, to minimize the possi- (i) The coordinates of the proposed bility of harmful interference to oper- base or fixed stations to an accuracy of ± ations in the SDARS 2320–2345 MHz no less than 1 second latitude and lon- band. gitude; (ii) The proposed operating power(s), (b) Prior notice periods. WCS licensees frequency band(s), and emission(s); that intend to operate a base or fixed (iii) The antenna center height above station must, before commencing such ground and ground elevation above operation, provide 10 business days mean sea level, both to an accuracy of prior notice to all SDARS licensees. no less than ±1 meter; WCS licensees that intend to modify an (iv) The antenna gain pattern(s) in existing station must, before com- the azimuth and elevation planes that mencing such modified operation, pro- include the peak of the main beam; and vide 5 business days prior notice to all (v) The antenna downtilt angle(s). SDARS licensees. For the purposes of (3) A WCS licensee operating base or this section, a business day is defined fixed stations must maintain an accu- by § 1.4(e)(2) of this chapter. rate and up-to-date inventory of its (1) For modifications other than stations, including the information set changes in location, a licensee may forth in § 27.72(c)(2), which shall be provide notice within 24 hours after the available upon request by the Commis- modified operation if the modification sion. does not result in a predicted increase (d) Calculation of notice period. Notice of the power flux density (PFD) at periods are calculated from the date of ground level by more than 1 dB since receipt by the licensee being notified. the last advance notice was given. If a If notification is by mail, the date of demonstration is made by the SDARS receipt is evidenced by the return re- licensee that such modifications may ceipt on certified mail. If notification cause harmful interference to SDARS is by fax, the date of receipt is evi- receivers, WCS licensees will be re- denced by the notifying party’s fax quired to provide notice 5 business days transmission confirmation log. If noti- in advance of additional station modification is by e-mail, the date of re- fications. ceipt is evidenced by a return e-mail (2) WCS base and fixed stations oper- receipt. If the SDARS licensee and all ating below 2 watts equivalent potentially affected WCS licensees isotropically radiated power (EIRP) are reach a mutual agreement to provide

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notification by some other means, that 2290–2300 MHz band and with Aero- agreement must specify the method for nautical Mobile Telemetry (AMT) fa- determining the beginning of the no- cilities in the 2360–2395 MHz band; and tice period. to take all practicable steps necessary (e) Duty to cooperate. WCS licensees to minimize the risk of harmful inter- must cooperate in good faith in the se- ference to AMT and DSN facilities. lection and use of new station sites and (a) WCS licensees operating base and new frequencies to reduce interference fixed stations in the 2345–2360 MHz band and make the most effective use of the must, prior to operation of such sta- authorized facilities. WCS licensees tions, achieve a mutually satisfactory should provide SDARS licensees as coordination agreement with the AMT much lead time as practicable to pro- entity(ies) (i.e., FCC licensee(s) and/or vide ample time to conduct analyses Federal operator(s)) for any AMT re- and opportunity for prudent base sta- ceiver facility within 45 kilometers or tion site selection prior to WCS licens- radio line of sight, whichever distance ees entering into real estate and tower leasing or purchasing agreements. WCS is larger, of the intended WCS base or licensees must have sufficient oper- fixed station location. The coordinator ational flexibility in their network de- for the assignment of flight test fre- sign to implement one or more tech- quencies in the 2360–2390 MHz band, nical solutions to remedy harmful in- Aerospace and Flight Test Radio Co- terference. Licensees of stations suf- ordination Council (AFTRCC) or suc- fering or causing harmful interference, cessors of AFTRCC, will facilitate a as defined in § 27.64(d), must cooperate mutually satisfactory coordination in good faith and resolve such problems agreement between the WCS licensee(s) by mutually satisfactory arrange- and AMT entity(ies) for existing AMT ments. If the licensees are unable to do receiver sites. The locations of current so, the Wireless Telecommunications Federal and non-Federal AMT receiver Bureau, in consultation with the Office sites may be obtained from AFTRCC at of Engineering and Technology and the Post Office Box 12822 Wichita, KS International Bureau, will consider the 67277–2822, (316) 946–8826, or successor actions taken by the parties to miti- frequency coordinators of AFTRCC. gate the risk of and remedy any alleged Such coordination agreement shall pro- interference. In determining the appro- vide protection to existing AMT re- priate action, the Bureau will take into ceiver stations consistent with Inter- account the nature and extent of the national Telecommunication Union interference and act promptly to rem- (ITU) Recommendation ITU–R M.1459, edy the interference. The Bureau may ‘‘Protection criteria for telemetry sys- impose restrictions on WCS licensees, tems in the aeronautical mobile serv- including specifying the transmitter ice and mitigation techniques to facili- power, antenna height, or other tech- tate sharing with geostationary broad- nical or operational measures to rem- casting-satellite and mobile-satellite edy the interference, and will take into services in the frequency bands 1 452–1 account previous measures by the li- 525 MHz and 2 310–2 360 MHz May 2000 censees to mitigate the risk of inter- edition,’’ adopted May 2000, as adjusted ference. using generally accepted engineering [75 FR 45071, Aug. 2, 2010, as amended at 78 practices and standards to take into FR 9622, Feb. 11, 2013] account the local conditions and operating characteristics of the applicable § 27.73 WCS, AMT, and Goldstone co- AMT and WCS facilities. This ITU doc- ordination requirements. ument is incorporated by reference in This section requires Wireless Com- accordance with 5 U.S.C. 552(a) and 1 munications Services (WCS) licensees CFR part 51 and approved by the Direc- in the 2305–2320 MHz and 2345–2360 MHz tor of Federal Register. Copies of the bands, respectively, to coordinate the recommendation may be obtained from deployment of base and fixed stations ITU, Place des Nations, 1211 Geneva 20, (except fixed customer premises equip- Switzerland, or online at http:// ment) with the Goldstone, CA Deep www.itu.int/en/publications/Pages/de- Space Network (DSN) facility in the fault.aspx. You may inspect a copy at

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the Federal Communications Commis- § 27.75 Basic interoperability require- sion, 445 12th Street SW., Washington, ment. DC 20554, or at the National Archives (a)(1) Mobile and portable stations and Records Administration (NARA). that operate on any portion of fre- For information on the availability of quencies in the paired 1755–1780 MHz this material at NARA, call 202–741– and 2155–2180 MHz band must be capa- 6030, or go to: http://www/archives.gov/ ble of operating on all frequencies in federallregister/codeloflfederall regu- the paired 1710–1780 MHz and 2110–2180 lations/ibrllocations.html. MHz band, using the same air inter- (b) WCS licensees operating base and faces that the equipment utilizes on fixed stations in the 2305–2320 MHz any frequencies in the paired 1710–1780 band must, prior to operation of such MHz and 2110–2180 MHz band. stations, achieve a mutually satisfac- (2) Mobile and portable stations that tory coordination agreement with the operate on any portion of frequencies National Aeronautics and Space Ad- in the 600 MHz band must be capable of ministration (NASA) within 145 kilo- operating on all frequencies in the 600 meters of the Goldstone, CA earth sta- MHz band using the same air interfaces tion site (35°25′33″ N, 116°53′23″ W). that the equipment utilizes on any fre- (c) After base or fixed station oper- quencies in the 600 MHz band. ations commence, upon receipt of a (b) The basic interoperability re- complaint of harmful interference, the quirement in paragraph (a) of this sec- WCS licensee(s) receiving the com- tion does not require a licensee to use plaint, no matter the distance from the any particular industry standard. De- NASA Goldstone, CA earth station or vices may also contain functions that from an AMT site, operating in the are not operational in U.S. Territories. 2305–2320 or 2345–2360 MHz bands, re- [79 FR 32413, June 4, 2014, as amended at 79 spectively, shall take all practicable FR 48539, Aug. 15, 2014] steps to immediately eliminate the interference. § 27.77 Restriction on mobile and port- (d) Duty to cooperate. WCS licensees, able equipment in the 1695–1710 AFTRCC, and NASA must cooperate in MHz and 1755–1780 MHz bands. good faith in the coordination and de- Mobile and portable stations in the ployment of new facilities. WCS licens- 1695–1710 MHz and 1755–1780 MHz bands ees must also cooperate in good faith may operate only when under the con- in the selection and use of new station trol of a base station. Base stations sites and new frequencies when within that enable mobile or portable equip- radio line of site of AMT receiver fa- ment to operate in the 1695–1710 MHz cilities to reduce the risk of harmful and 1755–1780 MHz band are subject to interference and make the most effec- prior coordination requirements. See tive use of the authorized facilities. Li- § 27.1134 (Protection of Federal Govern- censees of stations suffering or causing ment operations). harmful interference must cooperate in [79 FR 32413, June 4, 2014] good faith and resolve such problems by mutually satisfactory arrange- Subpart D—Competitive Bidding ments. If the licensees are unable to do so, the Wireless Telecommunications Procedures for the 2305–2320 Bureau, in consultation with the Office MHz and 2345–2360 MHz of Engineering and Technology and the Bands National Telecommunications and In- § 27.201 WCS in the 2305–2320 MHz formation Administration may impose and 2345–2360 MHz bands subject to restrictions including specifying the competitive bidding. transmitter power, antenna height, or Mutually exclusive initial applica- area or hours of operation of the stations for WCS licenses in the 2305–2320 tions. MHz and 2345–2360 MHz bands are sub- [75 FR 45072, Aug. 2, 2010, as amended at 78 ject to competitive bidding. The gen- FR 9622, Feb. 11, 2013] eral competitive bidding procedures set

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forth in part 1, subpart Q of this chap- tions, policies and decisions issued ter will apply unless otherwise pro- under those laws, including § 27.12; vided in this subpart. (2) There are frequencies available to [67 FR 45373, July 9, 2002] provide satisfactory service; and (3) The public interest, convenience §§ 27.202–27.208 [Reserved] or necessity would be served by a grant. § 27.209 Designated entities; bidding (b) Alien Ownership. A WCS author- credits; unjust enrichment. ization may not be granted to or held (a) Designated entities entitled to by an entity not meeting the require- preferences in the WCS in the 2305–2320 ments of section 310 of the Communica- and 2345–2360 bands auction are small tions Act of 1934, as amended, 47 U.S.C. businesses and very small businesses as section 310 insofar as applicable to the defined in § 27.110(b). Designated enti- particular service in question. ties will be eligible for bidding credits, as defined in paragraphs (b) and (c) of § 27.303 Upper 700 MHz commercial this section. and public safety coordination (b) A winning bidder that qualifies as zone. a small business may use a bidding cred- (a) General. CMRS operators are re- it of 25 percent to lower the cost of its quired, prior to commencing operations winning bid. on fixed or base station transmitters (c) A winning bidder that qualifies as on the 776–787 MHz band that are lo- a very small business may use a bidding cated within 500 meters of existing or credit of 35 percent to lower the cost of planned public safety base station re- its winning bid. ceivers, to submit a description of their [62 FR 9658, Mar. 3, 1997, as amended at 63 FR proposed facility to a Commission-ap- 2349, Jan. 15, 1998; 65 FR 57268, Sept. 21, 2000; proved public safety coordinator. 67 FR 45373, July 9, 2002] (i) The frequency or frequencies on which the facility will operate; § 27.210 Definitions. (ii) Antenna location and height; (a) Scope. The definitions in this sec- (iii) Type of emission; tion apply to § 27.209, unless otherwise (iv) Effective radiated power; specified in those sections. (v) A description of the area served (b) Small and very small business. (1) A and the operator’s name. small business is an entity that, to- (2) It is the CMRS operator’s respon- gether with its affiliates and control- sibility to determine whether referral ling interests, has average annual gross is required for stations constructed in revenues that are not more than $40 its area of license. Public safety base million for the preceding three years. stations are considered ‘‘planned’’ (2) A very small business is an entity when public safety operators have noti- that, together with its affiliates and fied, or initiated coordination with, a controlling interests, has average an- Commission-approved public safety co- nual gross revenues that are not more ordinator. than $15 million for the preceding three (b) CMRS operators must wait at years. least 10 business days after submission [67 FR 45373, July 9, 2002, as amended at 68 of the required description before com- FR 43000, July 21, 2003] mencing operations on the referenced facility, or implementing modifica- Subpart E—Application, Licensing, tions to an existing facility. and Processing Rules for WCS (c) The potential for harmful interference between the CMRS and public § 27.301 [Reserved] safety facilities will be evaluated by the public safety coordinator. § 27.302 Eligibility. (1) With regard to existing public (a) General. Authorizations will be safety facilities, the coordinator’s de- granted upon proper application if: termination to disapprove a proposed (1) The applicant is qualified under CMRS facility (or modification) to be the applicable laws and the regula- located within 500 meters of the public

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safety facilities will be presumed cor- §§ 27.310–27.320 [Reserved] rect, but the CMRS operator may seek Commission review of such determina- § 27.321 Mutually exclusive applications. Pending Commission review, the tions. CMRS operator will not activate the (a) Two or more pending applications facility or implement proposed modi- are mutually exclusive if the grant of fications. one application would effectively pre- (2) With regard to proposed public clude the grant of one or more of the safety facilities, the coordinator’s de- others under the Commission’s rules termination to disapprove a proposed governing the Wireless Communica- CMRS facility (or modification) to be tions Services involved. The Commis- located within 500 meters of the public sion uses the general procedures in this safety facilities will be presumed cor- section for processing mutually exclu- rect, but the CMRS operator may seek sive applications in the Wireless Com- Commission review and, pending communications Services. pletion of review, operate the facility during construction of the public safe- (b) An application will be entitled to ty facilities. If coordination or Com- comparative consideration with one or mission review has not been completed more conflicting applications only if when the public safety facilities are the Commission determines that such ready to operate, the CMRS operator comparative consideration will serve must cease operations pending comple- the public interest. tion of coordination or Commission review. Such interim operation of the §§ 27.322–27.325 [Reserved] CMRS facility within the coordination zone (or implementation of modifica- Subpart F—Competitive Bidding tions) will not be relied on by the Com- Procedures for the 698–806 mission in its subsequent review and MHz Band determination of measures necessary to control interference, including relo- SOURCE: 65 FR 3149, Jan. 20, 2000, unless cation or modification of the CMRS fa- otherwise noted. cility. (d) If, in the event of harmful inter- § 27.501 746–758 MHz, 775–788 MHz, ference between facilities located with- and 805–806 MHz bands subject to in 500 meters proximity, the parties are competitive bidding. unable, with the involvement of the co- Mutually exclusive initial applica- ordinator, to resolve the problem by tions for licenses in the 746–758 MHz, mutually satisfactory arrangements, 775–788 MHz, and 805–806 MHz bands are the Commission may impose restric- subject to competitive bidding. The tions on the operations of any of the general competitive bidding procedures parties involved. set forth in part 1, subpart Q of this [67 FR 49245, July 30, 2002, as amended at 72 chapter will apply unless otherwise FR 48853, Aug. 24, 2007; 79 FR 599, Jan. 6, 2014] provided in this subpart. §§ 27.304–27.307 [Reserved] [79 FR 600, Jan. 6, 2014]

§ 27.308 Technical content of applica- § 27.502 Designated entities. tions. Eligibility for small business provi- All applications required by this part sions: shall contain all technical information (a)(1) A small business is an entity required by the application forms or that, together with its controlling in- associated public notice(s). Applica- terests and affiliates, has average gross tions other than initial applications for revenues not exceeding $40 million for a WCS license must also comply with the preceding three years. all technical requirements of the rules (2) A very small business is an entity governing the applicable frequency that, together with its controlling in- band (see subparts C, D, F, and G of terests and affiliates, has average gross this part, as appropriate). revenues not exceeding $15 million for [65 FR 57268, Sept. 21, 2000] the preceding three years.

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(b) Bidding credits. A winning bidder after the licensee or the spectrum les- that qualifies as a small business or a see has: consortium of small businesses as de- (i) Coordinated a new station or fined in this section may use the bid- modification of an existing station; or ding credit specified in § 1.2110(f)(2)(iii) (ii) Filed an application for an indi- of this chapter. A winning bidder that vidual station license with the Com- qualifies as a very small business or a mission. consortium of very small businesses as (2) The notification required in para- defined in this section may use the bid- graph (c)(1) of this section must in- ding credit specified in § 1.2110(f)(2)(ii) clude, at a minimum— of this chapter. (i) The frequency or frequencies co- [72 FR 63499, Nov. 9, 2007] ordinated; (ii) Antenna location and height; Subpart G— Guard Band A and B (iii) Type of emission; Blocks (757–758/787–788 MHz (iv) Effective radiated power; and 775–776/805–806 MHz (v) A description of the service area, Bands) date of coordination, and user name or, in the alternative, a description of the type of operation. SOURCE: 65 FR 17605, Apr. 4, 2000, unless otherwise noted. (3) In the event a licensee partitions its service area or disaggregates its § 27.601 Authority and coordination spectrum, it is required to submit the requirements. notification required in paragraph (c)(1) of this section to other Guard (a) Subject to the provisions of § 27.2(b), a Guard Band licensee may Band licensees in the same geographic allow a spectrum lessee, pursuant to a area. spectrum lease arrangement under part (4) Entities coordinated by a Guard 1, subpart X of this chapter, to con- Band licensee, or a spectrum lessee op- struct and operate stations at any erating pursuant to a spectrum lease available site within the licensed area arrangement under §§ 1.9030 and 1.9035 and on any channel for which the of this chapter, must wait at least 10 Guard Band licensee is licensed, pro- business days after the notification re- vided such stations comply with Com- quired in paragraph (c)(1) of this sec- mission Rules and coordination re- tion before operating under the license. quirements. (d) Where a deletion, move or change (b) Subject to the provisions of authorized under paragraph (b) of this § 27.2(b), a Guard Band licensee may section constitutes a discontinuance, allow a spectrum lessee, pursuant to a reduction, or impairment of service spectrum lease arrangement under part under § 27.66 or where discontinuance, 1, subpart X of this chapter, to delete, reduction or impairment of service remove or change the operating param- sults from an involuntary act subject eters of any of the user’s stations that to § 27.66(a), the licensee must comply are covered under the Guard Band li- with the notification and authorization censee’s authorization without prior requirements set forth in that section. Commission approval, provided such stations comply with Commission [72 FR 27712, May 16, 2007, as amended at 72 Rules and coordination requirements. FR 48853, Aug. 24, 2007] (c) Frequency coordination. (1) A § 27.602 Lease agreements. Guard Band licensee, or a spectrum lessee operating at 775–776 MHz and 805– Guard Band licensees may enter into 806 MHz pursuant to a spectrum lease spectrum leasing arrangements under arrangement under §§ 1.9030 and 1.9035 part 1, subpart X of this chapter re- of this chapter, must notify Commis- garding the use of their licensed spec- sion-recognized public safety frequency trum by spectrum lessees, subject to coordinators for the 700 MHz Public the following conditions: Safety band and adjacent-area Guard (a) The spectrum lease agreement be- Band licensees within one business day tween the licensee and the spectrum

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lessee must specify in detail the oper- agreement is a spectrum manager lease ating parameters of the spectrum les- agreement, or a de facto transfer lease see’s system, including power, max- agreement. imum antenna heights, frequencies of (d) The specific information that li- operation, base station location(s), censees will provide and the procedures area(s) of operation, and other param- that they will follow in submitting eters specified in Commission rules for their annual reports will be announced the use of spectrum identified in in a Public Notice issued by the Wire- § 27.5(b)(1) and (b)(2). less Telecommunications Bureau. (b) The spectrum lease agreement [72 FR 27713, May 16, 2007] must require the spectrum lessee to use Commission-approved equipment where appropriate and to complete Subpart H—Competitive Bidding post-construction proofs of system per- Procedures for the 698–746 formance prior to system activation. MHz Band [72 FR 27713, May 16, 2007] SOURCE: 67 FR 5512, Feb. 6, 2002, unless oth- § 27.604 Limitation on licenses won at erwise noted. auction. § 27.701 698–746 MHz bands subject to (a) For the first auction of licenses in competitive bidding. Blocks A and B, as defined in § 27.5, no Mutually exclusive initial applica- applicant may be deemed the winning tions for licenses in the 698–746 MHz bidder of both a Block A and a Block B band are subject to competitive bid- license in a single geographic service ding. The general competitive bidding area. procedures set forth in part 1, subpart (b) For purposes of paragraph (a) of Q of this chapter will apply unless oth- this section, licenses will be deemed to erwise provided in this subpart. be won by the same bidder if an entity that wins one license at the auction is [67 FR 45374, July 9, 2002] an affiliate of any other entity that wins a license at the auction. § 27.702 Designated entities. (a) Eligibility for small business provi- § 27.607 Performance requirements sions. (1) An entrepreneur is an entity and annual reporting requirement. that, together with its controlling in- (a) Guard Band licensees are subject terests and affiliates, has average gross to the performance requirements speci- revenues not exceeding $3 million for fied in § 27.14(a). the preceding three years. This defini- (b) Guard Band licensees are required tion applies only with respect to li- to file an annual report providing the censes in Block C (710–716 MHz and 740– Commission with information about 746 MHz) as specified in § 27.5(c)(1). the manner in which their spectrum is (2) A very small business is an entity being utilized. Such reports shall be that, together with its controlling in- filed with the Commission on a cal- terests and affiliates, has average gross endar year basis, no later than the revenues not exceeding $15 million for March 1 following the close of each cal- the preceding three years. endar year, unless another filing date (3) A small business is an entity that, is specified by Public Notice. together with its controlling interests (c) Guard Band licensees must, at a and affiliates, has average gross reve- minimum, include the following infor- nues not exceeding $40 million for the mation in their annual reports: preceding three years. (1) The total number of spectrum les- (b) Bidding credits. A winning bidder sees; that qualifies as an entrepreneur, as (2) The amount of the licensee’s spec- defined in this section, or a consortium trum being used pursuant to spectrum of entrepreneurs may use the bidding lease agreements; credit specified in § 1.2110(f)(2)(i) of this (3) The nature of the spectrum use of chapter. A winning bidder that quali- the licensee’s customers; and, fies as a very small business, as defined (4) The length of term of each spec- in this section, or a consortium of very trum lease agreement, and whether the small businesses may use the bidding

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credit specified in § 1.2110(f)(2)(ii) of (c) Prior to construction of a station, this chapter. A winning bidder that a licensee in the 1.4 GHz Band must qualifies as a small business, as defined register with the Commission any sta- in this section, or a consortium of tion antenna structure for which noti- small businesses may use the bidding fication to the Federal Aviation Ad- credit specified in § 1.2110(f)(2)(iii) of ministration is required by part 17 of this chapter. this chapter. [67 FR 5512, Feb. 6, 2002, as amended at 68 FR (d) It is the licensee’s responsibility 43000, July 21, 2003] to determine whether an individual station needs referral to the Commis- Subpart I—1.4 GHz Band sion. (e) The application required in paragraph (b) of this chapter must be filed SOURCE: 67 FR 41855, June 20, 2002, unless on the Universal Licensing System. otherwise noted. [67 FR 41855, June 20, 2002, as amended at 69 § 27.801 Scope. FR 17958, Apr. 6, 2004; 80 FR 38908, July 7, This subpart sets out the regulations 2015] governing service in the paired 1392– 1395 MHz and 1432–1435 MHz bands as § 27.804 Field strength limits at WMTS facility. well as the unpaired 1390–1392 MHz band (1.4 GHz band). For any operation in the 1392–1395 MHz band, the predicted or measured § 27.802 Permissible communications. field strength—into the WMTS band at Licensees in the paired 1392–1395 MHz 1395–1400 MHz—shall not exceed 150 uV/ and 1432–1435 MHz bands and unpaired m at the location of any registered 1390–1392 MHz band are authorized to WMTS healthcare facility. When per- provide fixed or mobile service, except forming measurements to determine aeronautical mobile service, subject to compliance with this provision, meas- the technical requirements of this sub- urement instrumentation employing part. an average detector and a resolution bandwidth of 1 MHz may be used, pro- § 27.803 Coordination requirements. vided it accurately represents the true (a) Licensees in the 1.4 GHz band will interference potential of the equip- be issued geographic area licenses in ment. accordance with the service areas listed in § 27.6(d) and (e). § 27.805 Geographic partitioning and spectrum disaggregation. (b) Licensees in the 1.4 GHz Service must file a separate station application An entity that acquires a portion of a with the Commission and obtain an in- 1.4 GHz band licensee’s geographic area dividual station license, prior to con- or spectrum subject to a geographic struction or operation, of any station: partitioning or spectrum (1) That requires submission of an disaggregation agreement under § 27.15 Environmental Assessment under part must function as a 1.4 GHz band li- 1, § 1.1307 of this chapter; censee and is subject to the obligations (2) That requires international co- and restrictions on the 1.4 GHz band li- ordination; cense as set forth in this subpart. (3) That operates in areas listed in part 1, § 1.924 of this chapter; or § 27.806 1.4 GHz service licenses sub- (4) That requires approval of the Fre- ject to competitive bidding. quency Advisory Subcommittee (FAS) Mutually exclusive initial applica- of the Interdepartment Radio Advisory tions for 1.4 GHz Band licenses in the Committee (IRAC). Licensees in the paired 1392–1395 MHz and 1432–1435 MHz 1432–1435 MHz band must receive FAS bands as well as the unpaired 1390–1392 approval, prior to operation of fixed MHz band are subject to competitive sites or mobile units within the NTIA bidding. The general competitive bid- recommended protection radii of the ding procedures set forth in part 1, sub- Government sites listed in footnote part Q of this chapter will apply unless US83 of § 2.106 of this chapter. otherwise provided in this subpart.

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§ 27.807 Designated entities. (1) That requires submission of an (a) Eligibility for small business pro- Environmental Assessment under part visions for 1.4 GHz band licenses in the 1, § 1.1307 of this chapter; paired 1392–1395 MHz and 1432–1435 MHz (2) That requires international co- bands and the unpaired 1390–1392 MHz ordination; (3) That operates in areas listed band. (1) A very small business is an entity under part 1, § 1.924 of this chapter. (c) The application required in para- that, together with its controlling interests and affiliates, has average an- graph (b) of this section must be filed nual gross revenues not exceeding $15 on the Universal Licensing System. million for the preceding three years. (d) Prior to construction of a station, (2) A small business is an entity that, a licensee must register with the Com- together with its controlling interests mission any station antenna structure and affiliates, has average annual gross for which notification to the Federal revenues not exceeding $40 million for Aviation Administration is required by the preceding three years. part 17 of this chapter. (b) Bidding credits. A winning bidder (e) It is the licensee’s responsibility that qualifies as a very small business, to determine whether an individual as defined in this section, or a consor- station requires referral to the Com- tium of very small businesses may use mission. the bidding credit specified in [67 FR 41856, June 20, 2002, as amended at 69 § 1.2110(f)(2)(ii) of this chapter. A win- FR 17958, Apr. 6, 2004] ning bidder that qualifies as a small business, as defined in this section, or § 27.904 Geographic partitioning and a consortium of small businesses may spectrum disaggregation. use the bidding credit specified in An entity that acquires a portion of a § 1.2110(f)(2)(iii) of this chapter. 1670–1675 MHz band licensee’s geographic area or spectrum subject to a [67 FR 41855, June 20, 2002, as amended at 68 geographic partitioning or spectrum FR 43000, July 21, 2003] disaggregation agreement under § 27.15 must function as a 1670–1675 MHz li- Subpart J—1670–1675 MHz Band censee and is subject to the obligations and restrictions on the 1670–1675 MHz SOURCE: 67 FR 41856, June 20, 2002, unless license as set forth in this subpart. otherwise noted. § 27.905 1670–1675 MHz service li- § 27.901 Scope. censes subject to competitive bid- This subpart sets out the regulations ding. governing service in the 1670–1675 MHz Mutually exclusive initial applica- band (1670–1675 MHz band). tions for the 1670–1675 MHz Band license are subject to competitive bid- § 27.902 Permissible communications. ding. The general competitive bidding Licensees in the 1670–1675 MHz band procedures set forth in part 1, subpart are authorized to provide fixed or mo- Q of this chapter will apply unless oth- bile service, except aeronautical mo- erwise provided in this subpart. bile service, subject to the technical requirements of this subpart. § 27.906 Designated entities. (a) Eligibility for small business provi- § 27.903 Coordination requirements. sions. (1) A very small business is an (a) The licensee in the 1670–1675 MHz entity that, together with its control- band will be issued a geographic area ling interests and affiliates, has aver- license on a nationwide basis in accord- age annual gross revenues not exceed- ance with § 27.6(f). ing $15 million for the preceding three (b) Licensees in the 1670–1675 MHz years. band must file a separate station appli- (2) A small business is an entity that, cation with the Commission and obtain together with its controlling interests an individual station license, prior to and affiliates, has average annual gross construction or operation, of any sta- revenues not exceeding $40 million for tion: the preceding three years.

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(b) Bidding credits. A winning bidder very small businesses may use the bid- that qualifies as a very small business, ding credit specified in § 1.2110(f)(2)(ii) as defined in this section, or a consor- of this chapter. tium of very small businesses may use [78 FR 50257, Aug. 16, 2013, as amended at 80 the bidding credit specified in FR 56816, Sept. 18, 2015] § 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a small REIMBURSEMENT OBLIGATION OF LICENS- business, as defined in this section, or EES AT 1915–1920 MHZ AND 1995–2000 a consortium of small businesses may MHZ use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter. § 27.1021 Reimbursement obligation of licensees at 1915–1920 MHz. [67 FR 41856, June 20, 2002, as amended at 68 FR 43000, July 21, 2003] A licensee in the 1915–1920 MHz band (Lower H Block) shall, within 30 days of grant of its long-form application, Subpart K—1915–1920 MHz and reimburse 25 percent of the total relo- 1995–2000 MHz cation costs incurred by UTAM, Inc. for relocating and clearing incumbent SOURCE: 78 FR 50257, Aug. 16, 2013, unless Fixed Microwave Service (FS) licensees otherwise noted. from the 1910–1930 MHz band on a pro rata shared basis with other Lower H LICENSING AND COMPETITIVE BIDDING Block licensees as set forth in para- PROVISIONS graphs (a) through (e) of this section. § 27.1001 1915–1920 MHz and 1995–2000 (a)(1) If Lower H Block licenses MHz bands subject to competitive granted as a result of the first auction bidding. for this spectrum cover, collectively, Mutually exclusive initial applica- at least forty (40) percent of the nations for 1915–1920 MHz and 1995–2000 tion’s population, the amount owed to UTAM, Inc. by each individual Lower H MHz band licenses are subject to com- Block licensee (reimbursement amount petitive bidding. The general competi- owed or RN) will be determined by di- tive bidding procedures set forth in 47 viding the gross winning bid (GWB) for CFR part 1, subpart Q will apply unless each individual Lower H Block license otherwise provided in this subpart. (i.e., an Economic Area (EA)) by the § 27.1002 Designated entities in the sum of the gross winning bids for all 1915–1920 MHz and 1995–2000 MHz Lower H Block licenses for which there bands. is a winning bid in the first auction, Eligibility for small business provi- and then multiplying by $12,629,857. sions: RN = (EA GWB ÷ Sum of GWBs) × (a)(1) A small business is an entity $12,629,857.00 that, together with its affiliates, its (2) Except as provided in paragraphs controlling interests, and the affiliates (b) and (c) of this section, a licensee of its controlling interests, has average that obtains a license for a market in gross revenues not exceeding $40 mil- which no license is granted as a result lion for the preceding three years. of the first Lower H Block auction will (2) A very small business is an entity not have a reimbursement obligation that, together with its affiliates, its to UTAM, Inc. controlling interests, and the affiliates (b) If Lower H Block licenses granted of its controlling interests, has average as a result of the first auction for this gross revenues not exceeding $15 mil- spectrum cover, collectively, less than lion for the preceding three years. forty (40) percent of the nation’s popu- (b) Bidding credits. A winning bidder lation, then the pro rata amount that that qualifies as a small business as de- the licensee of an individual Lower H fined in this section or a consortium of Block license must reimburse UTAM, small businesses may use the bidding Inc. shall be calculated by dividing the credit specified in § 1.2110(f)(2)(iii) of population of the individual EA by the this chapter. A winning bidder that total U.S. population, and then multi- qualifies as a very small business as de- plying by $12,629,857. In this event, the fined in this section or a consortium of same population data, e.g., 2010, used

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to calculate the RNs for Lower H Block as a result of the first auction will be licenses granted as a result of the first determined by dividing the gross win- auction will apply to subsequent auc- ning bid (GWB) for each individual tions of Lower H Block licenses that Upper H Block license (i.e., an Eco- were not granted as a result of an ear- nomic Area (EA)) by the sum of the lier auction of Lower H Block licenses. gross winning bids for all Upper H RN = (EA POP ÷ U.S. POP) × Block licenses for which there is a win- $12,629,857.00 ning bid in the first auction, and then (c) A winning bidder of a Lower H multiplying by $94,875,516. Block license that is not granted a li- RN = (EA GWB ÷ Sum of GWBs) × cense for any reason will be deemed to $94,875,516 have triggered a reimbursement obliga- (2) Except as provided in paragraphs tion to UTAM, Inc. This obligation will (b) and (c) of this section, a licensee be owed to UTAM, Inc. by the licensee that obtains a license for a market in acquiring the Lower H Block license which no license was granted as a re- through a subsequent auction. The sult of the first Upper H Block auction amount owed by the licensee acquiring the Lower H Block license at such auc- will not have a reimbursement obligation will be the RN calculated for the tion to Sprint. EA license based on the first auction (b) If Upper H Block licenses granted (calculated under paragraphs (a) or (b), as a result of the first auction for this as applicable, of this section). spectrum cover, collectively, less than (d) For purposes of compliance with forty (40) percent of the nation’s popu- this section, licensees should deter- lation, then the amount that the li- mine population based on 2010 U.S. censee of an individual Upper H Block Census Data or such other data or license must reimburse Sprint shall be measurements that the Wireless Tele- calculated by dividing the population communications Bureau proposes and of the individual EA by the total U.S. adopts under the notice and comment population, and then multiplying by process for the auction procedures. $94,875,516. In this event, the same pop- (e) A payment obligation owed by a ulation data, e.g., 2010, used to cal- Lower H Block licensees under this sec- culate the RNs for Upper H Block li- tion shall be made within thirty (30) censes granted as a result of the first days of the grant of the license (i.e., auction will apply to subsequent auc- grant of the long form application). tions of Upper H Block licenses that were not granted as a result of an ear- § 27.1031 Reimbursement obligation of lier auction of Upper H Block licenses. licensees at 1995–2000 MHz. RN = (EA POP ÷ U.S. POP) × $94,875,516 A licensee in the 1995–2000 MHz band (Upper H Block) shall, within 30 days of (c) A winning bidder of an Upper H grant of its long-form application, re- Block license that is not granted a li- imburse one-seventh of the eligible ex- cense for any reason will be deemed to penses incurred by Sprint Nextel, Inc. have triggered a reimbursement obliga- (Sprint) for relocating and clearing tion to Sprint. This obligation will be Broadcast Auxiliary Service (BAS), owed to Sprint by the licensee acquir- Cable Television Relay Service (CARS), ing the Upper H Block license through and Local Television Transmission a subsequent auction. The amount Service (LTTS) incumbents from the owed by the licensee acquiring the EA 1990–2025 MHz band, on a pro rata license at such auction will be based on shared basis with other Upper H Block the RN calculated for the EA license licensees as set forth in paragraphs (a) based on the first auction (calculated through (e) of this section. under paragraphs (a) or (b), as applica- (a)(1) If Upper H Block licenses grant- ble, of this section). ed as a result of the first auction for (d) For purposes of compliance with this spectrum cover, collectively, at this section, licensees should deter- least forty (40) percent of the nation’s mine population based on 2010 U.S. population, the amount owed to Sprint Census Data or such other data or by the winning bidder of each indi- measurements that the Wireless Tele- vidual Upper H Block license granted communications Bureau proposes and

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adopts under the notice and comment (2) A very small business is an entity process for the auction procedures. that, together with its affiliates, its (e) A payment obligation owed by a controlling interests and the affiliates Upper H Block licensees under this sec- of its controlling interests, has average tion shall be made within thirty (30) gross revenues that are not more than days of the grant of the license (i.e., $15 million for the preceding three grant of the long form application). years. (b) Bidding credits. (1) A winning bid- § 27.1041 Termination of cost-sharing der that qualifies as a small business, obligations. as defined in this section, or a consor- (a) The cost-sharing obligation tium of small businesses may use a bid- adopted in this subpart for the Lower H ding credit of 15 percent, as specified in Block and for the Upper H Block will § 1.2110(f)(2)(iii) of this chapter, to sunset ten years after the first license lower the cost of its winning bid on any is issued in the respective band. of the licenses in this part. (b) A Lower H Block licensee and an (2) A winning bidder that qualifies as Upper H Block licensee must satisfy in a very small business, as defined in this full its payment obligations under this section, or a consortium of very small subpart K within thirty days of the businesses may use a bidding credit of grant of its long-form application. The 25 percent, as specified in failure to timely satisfy a payment ob- § 1.2110(f)(2)(ii) of this chapter, to lower ligation in full prior to the applicable the cost of its winning bid on any of sunset date will not terminate the debt the licenses in this part. owed or a party’s right to collect the debt. § 27.1103 2000–2020 MHz and 2180–2200 MHz bands subject to competitive Subpart L—1695–1710 MHz, 1710– bidding. 1755 MHz, 1755–1780 MHz, Mutually exclusive initial applications for 2000–2020 MHz and 2180–2200 2110–2155 MHz, 2155–2180 MHz band licenses are subject to com- MHz, 2180–2200 MHz Bands petitive bidding. The general competitive bidding procedures set forth in 47 SOURCE: 69 FR 5716, Feb. 6, 2004, unless oth- CFR part 1, subpart Q will apply unless erwise noted. otherwise provided in this subpart. LICENSING AND COMPETITIVE BIDDING [78 FR 8270, Feb. 5, 2013] PROVISIONS § 27.1104 Designated Entities in the § 27.1101 1710–1755 MHz and 2110–2155 2000–2020 MHz and 2180–2200 MHz MHz bands subject to competitive bands. bidding. Eligibility for small business provi- Mutually exclusive initial applica- sions: tions for 1710–1755 MHz and 2110–2155 (a) Small business. (1) A small business MHz band licenses are subject to com- is an entity that, together with its af- petitive bidding. The general competi- filiates, its controlling interests, and tive bidding procedures set forth in 47 the affiliates of its controlling inter- CFR part 1, subpart Q will apply unless ests, has average gross revenues not ex- otherwise provided in this subpart. ceeding $40 million for the preceding three years. § 27.1102 Designated Entities in the (2) A very small business is an entity 1710–1755 MHz and 2110–2155 MHz that, together with its affiliates, its bands. controlling interests, and the affiliates (a) Eligibility for small business provi- of its controlling interests, has average sions. (1) A small business is an entity gross revenues not exceeding $15 mil- that, together with its affiliates, its lion for the preceding three years. controlling interests and the affiliates (b) Bidding credits. A winning bidder of its controlling interests, has average that qualifies as a small business as de- gross revenues that are not more than fined in this section or a consortium of $40 million for the preceding three small businesses may use the bidding years. credit specified in § 1.2110(f)(2)(iii) of

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this chapter. A winning bidder that RELOCATION OF INCUMBENTS qualifies as a very small business as defined in this section or a consortium of § 27.1111 Relocation of fixed micro- very small businesses may use the bid- wave service licensees in the 2110– 2150 and 2160–2200 MHz bands. ding credit specified in § 1.2110(f)(2)(ii) of this chapter. Part 22, subpart E and part 101, subpart B of this chapter contain provi- [78 FR 8270, Feb. 5, 2013, as amended at 80 FR sions governing the relocation of in- 56816, Sept. 18, 2015] cumbent fixed microwave service licensees in the 2110–2150 MHz and 2160– § 27.1105 1695–1710 MHz, 1755–1780 2200 MHz bands. MHz and 2155–2180 MHz bands subject to competitive bidding. [79 FR 32414, June 4, 2014]

Mutually exclusive initial applica- PROTECTION OF INCUMBENT OPERATIONS tions for 1695–1710 MHz, 1755–1780 MHz, and 2155–2180 MHz band licenses are § 27.1131 Protection of part 101 oper- subject to competitive bidding. The ations. general competitive bidding procedures All AWS licensees, prior to initiating set forth in 47 CFR part 1, subpart Q operations from any base or fixed sta- will apply unless otherwise provided in tion, must coordinate their frequency this subpart. usage with co-channel and adjacent- channel incumbent, 47 CFR part 101 [79 FR 32413, June 4, 2014] fixed-point-to-point microwave licens- § 27.1106 Designated Entities in the ees operating in the 2110–2150 MHz and 1695–1710 MHz, 1755–1780 MHz, and 2160–2200 MHz bands. Coordination 2155–2180 MHz bands. shall be conducted in accordance with the provisions of § 24.237 of this chap- Eligibility for small business provi- ter. sions: (a) Small business. (1) A small business [79 FR 32414, June 4, 2014] is an entity that, together with its af- § 27.1132 Protection of incumbent op- filiates, its controlling interests, and erations in the 2150–2160/62 MHz the affiliates of its controlling inter- band. ests, has average gross revenues not ex- All AWS licensees, prior to initiating ceeding $40 million for the preceding operations from any base or fixed sta- three (3) years. tion in the 2110–2180 MHz band, shall (2) A very small business is an entity follow the provisions of § 27.1255. that, together with its affiliates, its controlling interests, and the affiliates [79 FR 32414, June 4, 2014] of its controlling interests, has average § 27.1133 Protection of part 74 and gross revenues not exceeding $15 mil- part 78 operations. lion for the preceding three (3) years. AWS operators must protect pre- (b) Bidding credits. A winning bidder viously licensed Broadcast Auxiliary that qualifies as a small business as de- Service (BAS) or Cable Television fined in this section or a consortium of Radio Service (CARS) operations in the small businesses may use the bidding adjacent 2025–2110 MHz band. In satis- credit specified in § 1.2110(f)(2)(iii) of fying this requirement AWS licensees this chapter. A winning bidder that must, before constructing and oper- qualifies as a very small business as de- ating any base or fixed station, deter- fined in this section or a consortium of mine the location and licensee of all very small businesses may use the bid- BAS or CARS stations authorized in ding credit specified in § 1.2110(f)(2)(ii) their area of operation, and coordinate of this chapter. their planned stations with those licensees. In the event that mutually [79 FR 32413, June 4, 2014, as amended at 80 satisfactory coordination agreements FR 56816, Sept. 18, 2015] cannot be reached, licensees may seek the assistance of the Commission, and the Commission may, at its discretion,

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impose requirements on one or both erations shall be protected indefi- parties. nitely. (2) At the remaining 14 facilities, air- § 27.1134 Protection of Federal Gov- borne and military test range oper- ernment operations. ations shall be protected until such (a) Protection of Department of Defense time as these systems are relocated to operations in the 1710–1755 MHz band. other spectrum, and precision guided The Department of Defense (DoD) oper- munitions (PGM) operations shall be ates communications systems in the protected until such time as these sys- 1710–1755 MHz band at 16 protected facilities, nationwide. AWS licensees tems are relocated to other spectrum must accept any interference received or until PGM inventory at each facility from these facilities and must protect is exhausted, whichever occurs first. the facilities from interference. AWS (3) AWS licensees whose transmit op- licensees shall protect the facilities erations in the 1710–1755 MHz band con- from interference by restricting the op- sist of fixed or mobile operations with eration of their base and fixed stations nominal transmit EIRP values of 100 from any locations that could poten- mW or less and antenna heights of 1.6 tially permit AWS mobile, fixed, and meters above ground or less shall co- portable stations transmitting in the ordinate their services around the 16 1710–1755 MHz band to cause inter- sites at the distance specified in row a. ference to government operations with- of Table 2. AWS licensees whose trans- in the radii of operation of the 16 facili- mit operations in the 1710–1755 MHz ties (the radii of operation of each fa- band consist of fixed or mobile oper- cility is indicated in the third column ations with nominal transmit EIRP of Table 1 immediately following para- values of 1 W or less and antenna graph (a)(3) of this section). In addi- heights of 10 meters above ground or tion, AWS licensees shall be required less shall coordinate their services to coordinate any operations that could permit mobile, fixed, and port- around the 16 sites at the distance able stations to operate in the specified specified in row b. of Table 2. These co- areas of the 16 facilities, as defined in ordination distances shall be measured paragraph (a)(3) of this section. Protec- from the edge of the operational dis- tion of these facilities in this manner tances indicated in the third column of shall take place under the following Table 1, and coordination with each af- conditions: fected DoD facility shall be accom- (1) At the Yuma, Arizona and Cherry plished through the Commander of the Point, North Carolina facilities, all op- facility.

TABLE 1—PROTECTED DEPARTMENT OF DEFENSE FACILITIES

Radius of Location Coordinates operation (km)

Cherry Point, NC ...... 34°58′ N, 076°56′ W 100 Yuma, AZ ...... 32°32′ N, 113°58′ W 120 China Lake, CA ...... 35°41′ N, 117°41′ W 120 Eglin AFB, FL ...... 30°29′ N, 086°31′ W 120 Pacific Missile Test Range/Point Mugu, CA ...... 34°07′ N, 119°30′ W 80 Nellis AFB, NV ...... 36°14′ N, 115°02′ W 160 Hill AFB, UT ...... 41°07′ N, 111°58′ W 160 Patuxent River, MD ...... 38°17′ N, 076°25′ W 80 White Sands Missile Range, NM ...... 33°00′ N, 106°30′ W 80 Fort Irwin, CA ...... 35°16′ N, 116°41′ W 50 Fort Rucker, AL ...... 31°13′ N, 085°49′ W 50 Fort Bragg, NC ...... 35°09′ N, 079°01′ W 50 Fort Campbell, KY ...... 36°41′ N, 087°28′ W 50 Fort Lewis, WA ...... 47°05′ N, 122°36′ W 50 Fort Benning, GA ...... 32°22′ N, 084°56′ W 50 Fort Stewart, GA ...... 31°52′ N, 081°37′ W 50

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TABLE 2—COORDINATION DISTANCES FOR THE PROTECTED DEPARTMENT OF DEFENSE FACILITIES

Coordination 1710–1755 MHz transmit operations distance (km)

a. EIRP ≤100 mW, antenna height ≤1.6 m AG ...... 35 b. EIRP ≤1 W, antenna height ≤10 m AG ...... 55

(b) Protection of non-DoD operations in and maintain a point of contact at all the 1710–1755 MHz and 1755–1761 MHz times so that immediate contact can bands. Until such time as non-DoD sys- be made should interference against tems operating in the 1710–1755 MHz protected Federal sites occur. and 1755–1761 MHz bands are relocated (5) Coordination procedures. Federal to other spectrum, AWS licensees shall use of the radio spectrum is generally protect such systems by satisfying the governed by the National Tele- appropriate provisions of TIA Tele- communications and Information Ad- communications Systems Bulletin 10– ministration (NTIA) while non-Federal F, ‘‘Interference Criteria for Micro- use is governed by the Commission. As wave Systems,’’ May, 1994 (TSB 10–F). such, any guidance or details con- (c) Protection of Federal operations in cerning Federal/non-Federal coordina- the 1675–1710 MHz band—(1) 27 Protection tion must be issued jointly by NTIA Zones. Within 27 Protection Zones, and the Commission. The Commission prior to operating a base station that may jointly issue with NTIA one or enables mobile or portable stations to more public notices with guidance or transmit in the 1695–1710 MHz band, li- details concerning the coordination censees must successfully coordinate procedures for the 1695–1710 MHz band. such base station operations with Fed- eral Government entities operating (6) Requirements for licensees operating meteorological satellite Earth-station in the 1710–1755 MHz band. AWS licens- receivers in the 1675–1710 MHz band. ees operating fixed stations in the 1710– See 47 CFR 2.106, footnote US 88, for 1755 MHz band, if notified that such the 27 Protection Zones and other de- stations are causing interference to ra- tails. diosonde receivers operating in the Me- (2) Operation outside of 27 Protection teorological Aids Service in the 1675– Zones. Non-Federal operations, for mo- 1700 MHz band or a meteorological-sat- bile and portable stations operating at ellite earth receiver operating in the a maximum EIRP of 20 dBm, are per- Meteorological-Satellite Service in the mitted outside of the protection zones 1675–1710 MHz band, shall be required to without coordination. All non-Federal modify the stations’ location and/or operations for mobile and portables op- technical parameters as necessary to erating at a maximum EIRP of greater eliminate the interference. than 20 dBm and up to 30 dBm must be (d) Recognition of NASA Goldstone fa- coordinated nationwide. All such oper- cility operations in the 2110–2120 MHz ations may not cause harmful inter- band. The National Aeronautics and ference to the Federal operations pro- Space Administration (NASA) operates tected in 47 CFR 2.106, footnote US 88. the Deep Space Network (DSN) in the (3) Interference. If protected Federal 2110–2120 MHz band at Goldstone, Cali- operations receive harmful inter- fornia (see Table 3). NASA will con- ference from AWS operations in the tinue its operations of high power 1695–1710 MHz band, an AWS licensee transmitters (nominal EIRP of 105.5 must, upon notification, modify its op- dBW with EIRP up to 119.5 dBW used erations and/or technical parameters as under emergency conditions) in this necessary to eliminate the inter- band at this location. AWS licensees ference. must accept any interference received (4) Point of contact. AWS licensees in from the Goldstone DSN facility in this the 1695–1710 MHz band must provide band.

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TABLE 3—LOCATION OF THE NASA GOLDSTONE DEEP SPACE FACILITY

Maximum Location Coordinates transmitter output power

Goldstone, California ...... 35°18′ N 116°54′ W 500 kW

(e) Protection of Federal operations in such systems and must accept any in- the 2200–2290 MHz band—(1) Default terference received from these Federal emission limits. Except as provided in operations. See 47 CFR 2.106, footnote paragraph (e)(2) of this section, the fol- US 91, for details. AWS licensees must lowing default out-of-band emissions successfully coordinate proposed oper- limits shall apply for AWS–4 operations ations with all Federal incumbents in the 2180–2200 MHz band. prior to operation as follows: (i) For these AWS–4 operations, the (1) Protection Zone(s). A protection power of any emissions on all fre- zone is established for each Federal op- quencies between 2200 and 2290 MHz eration pursuant to 47 CFR 2.106, foot- shall not exceed an EIRP of ¥100.6 note US 91. Unless otherwise specified dBW/4 kHz. in later Commission actions, the de- (ii) No AWS–4 base station operating fault protection zone is nationwide. A in the 2180–2200 MHz band shall be lo- base station which enables mobile or cated less than 820 meters from a U.S. portable stations to transmit in the Earth Station facility operating in the 1755–1780 MHz band may not operate 2200–2290 MHz band. within the Protection Zone(s) of a Fed- (2) Agreements between AWS–4 opera- eral operation until the licensee suc- tors and Federal government entities. The cessfully coordinates such base station out-of-band emissions limits in para- operations with Federal Government graph (e)(1) of this section may be entities as follows depending on the modified by the private contractual type of Federal incumbent authoriza- agreement of licensees of AWS–4 oper- tion: ating authority and Federal govern- (i) Federal US&P Assignments. Each ment entities operating in the 2200–2290 AWS licensee must coordinate with MHz band. Such agreement shall be each Federal agency that has U.S. and transmitted to the Commission by the Possessions (US&P) authority prior to National Telecommunications and In- formation Administration (NTIA) of its first operations in its licensed area the U.S. Department of Commerce. A to reach a coordination arrangement licensee of AWS–4 operating authority with each US&P agency on an oper- who is a party to such an agreement ator-to-operator basis. (Agencies with must maintain a copy of the agreement U.S. and Possessions (US&P) authority in its station files and disclose it, upon do not operate nationwide and may be request, to prospective AWS–4 assignable to share, prior to relocation, in ees, transferees, or spectrum lessees, to some areas.) Federal operators, and to the Commis- (ii) Other Federal Assignments. Each sion. AWS licensee must successfully coordi- (f) Protection of Federal operations in nate all base station operations within the 1755–1780 MHz band. The Federal a Protection Zone with the Federal in- Government operates communications cumbents. The default requirement is a systems in the 1755–1780 MHz band. Cer- nationwide coordination zone with pos- tain systems are expected to continue sible revisions to the Protection Zone to operate in the band indefinitely. All and other details to be announced in a other operations will be relocating to Joint FCC/NTIA public notice. other frequencies or otherwise cease (2) Interference. If protected Federal operations in the 1755–1780 MHz band in operations receive harmful inter- accordance with 47 CFR part 301. Until ference from AWS operations in the such a time as Federal operations in 1755–1780 MHz band, an AWS licensee the 1755–1780 MHz bands vacate this must, upon notification, modify its op- spectrum, AWS licensees shall protect erations and/or technical parameters as

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necessary to eliminate the inter- COST-SHARING POLICIES GOVERNING ference. MICROWAVE RELOCATION FROM THE (3) Point of contact. AWS licensees in 2110–2150 MHZ AND 2160–2200 MHZ the 1755–1780 MHz band must provide BANDS and maintain a point of contact at all times so that immediate contact can SOURCE: Sections 27.1160 through 27.1174 ap- be made should interference against pear at 71 FR 29835, May 24, 2006, unless oth- protected Federal operations occur. erwise noted. (4) Coordination procedures. Federal § 27.1160 Cost-sharing requirements use of the radio spectrum is generally for AWS. governed by the National Tele- communications and Information Ad- Frequencies in the 2110–2150 MHz and ministration (NTIA) while non-Federal 2160–2200 MHz bands listed in § 101.147 of use is governed by the Commission. As this chapter have been reallocated such, any guidance or details con- from Fixed Microwave Services (FMS) cerning Federal/non-Federal coordina- to use by AWS (as reflected in § 2.106 of tion must be issued jointly by NTIA this chapter). In accordance with pro- and the Commission. The Commission cedures specified in § 22.602 and §§ 101.69 may jointly issue with NTIA one or through 101.82 of this chapter, AWS en- more public notices with guidance or tities are required to relocate the ex- details concerning the coordination isting microwave licensees in these procedures for the 1755–1780 MHz band. bands if interference to the existing microwave licensee would occur. All [69 FR 5716, Feb. 6, 2004, as amended at 73 FR AWS entities that benefit from the 50571, Aug. 27, 2008; 78 FR 8270, Jan. 5, 2013; 79 clearance of this spectrum by other FR 32414, June 4, 2014] AWS entities or by a voluntarily relo- § 27.1135 Protection of non-Federal cating microwave incumbent must con- Government Meteorological-Sat- tribute to such relocation costs. AWS ellite operations. entities may satisfy their reimbursement requirement by entering into pri- AWS licensees operating fixed sta- vate cost-sharing agreements or agree- tions in the 1710–1755 MHz band, if noti- ing to terms other than those specified fied that such stations are causing in- in § 27.1164. However, AWS entities are terference to meteorological-satellite required to reimburse other AWS enti- earth receivers operating in the Mete- ties or voluntarily relocating micro- orological-Satellite Service in the 1675– wave incumbents that incur relocation 1710 MHz band, shall be required to costs and are not parties to the alter- modify the stations’ location and/or native agreement. In addition, parties technical parameters as necessary to to a private cost-sharing agreement eliminate the interference. may seek reimbursement through the § 27.1136 Protection of mobile satellite clearinghouse (as discussed in § 27.1162) services in the 2000–2020 MHz and from AWS entities or other Emerging 2180–2200 MHz bands. Technologies (ET) entities, including An AWS licensee of the 2000–2020 MHz Mobile Satellite Service (MSS) opera- and 2180–2200 MHz bands must accept tors (for Ancillary Terrestrial Compo- any interference received from duly au- nent (ATC) base stations), that are not thorized mobile satellite service oper- parties to the agreement. The cost- ations in these bands. Any such AWS sharing plan is in effect during all licensees must protect mobile satellite phases of microwave relocation speci- service operations in these bands from fied in §§ 22.602 and 101.69 of this chap- harmful interference. ter. If an AWS licensee enters into a spectrum leasing arrangement (as set [78 FR 8270, Jan. 5, 2013] forth in part 1, subpart X of this chapter) and the spectrum lessee triggers a cost-sharing obligation, the licensee is

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the AWS entity responsible for satis- for the relocation of FMS incumbents fying the cost-sharing obligations from the 2110–2150 MHz and 2160–2200 under §§ 27.1160–27.1174. MHz bands. The clearinghouse filing requirements (see §§ 27.1166(a), 27.1170) [71 FR 29835, May 24, 2006, as amended at 78 FR 8270, Feb. 5, 2013] will not take effect until an administrator is selected. § 27.1162 Administration of the Cost- Sharing Plan. § 27.1164 The cost-sharing formula. The Wireless Telecommunications An AWS relocator who relocates an Bureau, under delegated authority, will interfering microwave link, i.e., one select one or more entities to operate that is in all or part of its market area as a neutral, not-for-profit clearing- and in all or part of its frequency band house(s). This clearinghouse(s) will ad- or a voluntarily relocating microwave minister the cost-sharing plan by, inter incumbent, is entitled to pro rata reim- alia, determining the cost-sharing obli- bursement based on the following for- gation of AWS and other ET entities mula:

(a) RN equals the amount of reim- amount based on present value using bursement. current interest rates, provided it has (b) C equals the actual cost of relo- entered into a legally binding agree- cating the link(s). Actual relocation ment to pay the charges. C also in- costs include, but are not limited to, cludes voluntarily relocating micro- such items as: Radio terminal equip- wave incumbent’s independent third ment (TX and/or RX—antenna, nec- party appraisal of its compensable re- essary feed lines, MUX/Modems); tow- location costs and incumbent trans- ers and/or modifications; back-up action expenses that are directly at- power equipment; monitoring or con- tributable to the relocation, subject to trol equipment; engineering costs (de- a cap of two percent of the ‘‘hard’’ sign/path survey); installation; systems costs involved. Hard costs are defined testing; FCC filing costs; site acquisi- as the actual costs associated with pro- tion and civil works; zoning costs; viding a replacement system, such as training; disposal of old equipment; equipment and engineering expenses. C test equipment (vendor required); spare may not exceed $250,000 per paired link, equipment; project management; prior with an additional $150,000 permitted if coordination notification under § 101.103(d) of this chapter; site lease re- a new or modified tower is required. negotiation; required antenna upgrades (c) N equals the number of AWS and for interference control; power plant MSS/ATC entities that have triggered upgrade (if required); electrical ground- a cost-sharing obligation. For the AWS ing systems; Heating Ventilation and relocator, N = 1. For the next AWS en- Air Conditioning (HVAC) (if required); tity triggering a cost-sharing obliga- alternate transport equipment; and tion, N = 2, and so on. In the case of a leased facilities. Increased recurring voluntarily relocating microwave in- costs represent part of the actual cost cumbent, N = 1 for the first AWS entity of relocation and, even if the com- triggering a cost-sharing obligation. pensation to the incumbent is in the For the next AWS or MSS/ATC entity form of a commitment to pay five triggering a cost-sharing obligation, N years of charges, the AWS or MSS/ATC = 2, and so on. relocator is entitled to seek immediate (d) Tm equals the number of months reimbursement of the lump sum that have elapsed between the month

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the AWS or MSS/ATC relocator or vol- wave incumbent, must submit docu- untarily relocating microwave incum- mentation itemizing the amount spent bent obtains reimbursement rights for for items specifically listed in the link and the month in which an § 27.1164(b), as well as any reimbursable AWS entity triggers a cost-sharing ob- items not specifically listed in ligation. An AWS or MSS/ATC re- § 27.1164(b) that are directly attrib- locator obtains reimbursement rights utable to actual relocation costs. Spe- for the link on the date that it signs a cifically, the AWS relocator, or the relocation agreement with a micro- voluntarily relocating microwave in- wave incumbent. A voluntarily relo- cumbent must submit, in the first in- cating microwave incumbent obtains stance, only the uniform cost data re- reimbursement rights for the link on quested by the clearinghouse along the date that the incumbent notifies with a copy, without redaction, of ei- the Commission that it intends to dis- ther the relocation agreement, if any, continue, or has discontinued, the use or the third party appraisal described of the link, pursuant to § 101.305 of the in (b)(1) of this section, if relocation Commission’s rules. was undertaken by the microwave incumbent. AWS relocators and volun- § 27.1166 Reimbursement under the tarily relocating microwave incum- Cost-Sharing Plan. bents must maintain documentation of (a) Registration of reimbursement cost-related issues until the applicable rights. Claims for reimbursement under sunset date and provide such docu- the cost-sharing plan are limited to re- mentation upon request, to the clear- location expenses incurred on or after inghouse, the Commission, or entrants the date when the first AWS license is that trigger a cost-sharing obligation. issued in the relevant AWS band (start If an AWS relocator pays a microwave date). If a clearinghouse is not selected incumbent a monetary sum to relocate by that date (see § 27.1162) claims for re- its own facilities, the AWS relocator imbursement (see § 27.1166) and notices must estimate the costs associated of operation (see § 27.1170) for activities with relocating the incumbent by that occurred after the start date but itemizing the anticipated cost for prior to the clearinghouse selection items listed in § 27.1164(b). If the sum must be submitted to the clearing- paid to the incumbent cannot be ac- house within 30 calendar days of the se- counted for, the remaining amount is lection date. not eligible for reimbursement. (1) To obtain reimbursement, an AWS (1) Third party appraisal. The volun- relocator must submit documentation tarily relocating microwave incum- of the relocation agreement to the bent, must also submit an independent clearinghouse within 30 calendar days third party appraisal of its compen- of the date a relocation agreement is sable relocation costs. The appraisal signed with an incumbent. In the case should be based on the actual cost of of involuntary relocation, an AWS re- replacing the incumbent’s system with locator must submit documentation of comparable facilities and should ex- the relocated system within 30 cal- clude the cost of any equipment up- endar days after the end of the reloca- grades or items outside the scope of tion. § 27.1164(b). (2) To obtain reimbursement, a vol- (2) Identification of links. The AWS re- untarily relocating microwave incum- locator or the voluntarily relocating bent must submit documentation of microwave incumbent must identify the relocation of the link to the clear- the particular link associated with ap- inghouse within 30 calendar days of the propriate expenses (i.e., costs may not date that the incumbent notifies the be averaged over numerous links). Commission that it intends to dis- Where the AWS relocator or volun- continue, or has discontinued, the use tarily relocating microwave incumbent of the link, pursuant to § 101.305 of the relocates both paths of a paired chan- Commission’s rules. nel microwave link (e.g., 2110–2130 MHz (b) Documentation of expenses. Once with 2160–2180 MHz and 2130–2150 MHz relocation occurs, the AWS relocator, with 2180–2200 MHz), the AWS relocator or the voluntarily relocating micro- or voluntarily relocating microwave

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incumbent must identify the expenses tled to obtain reimbursement from associated with each paired microwave other AWS beneficiaries in accordance link. with §§ 27.1164 and 27.1168. For purposes (c) Full Reimbursement. An AWS re- of applying the cost-sharing formula locator who relocates a microwave link relative to other AWS licensees that that is either fully outside its market benefit from the self-relocation, depre- area or its licensed frequency band ciation shall run from the date on may seek full reimbursement through which the clearinghouse issues the no- the clearinghouse of compensable tice of an obligation to reimburse the costs, up to the reimbursement cap as voluntarily relocating microwave in- defined in § 27.1164(b). Such reimburse- cumbent. ment will not be subject to depreciation under the cost-sharing formula. [71 FR 29835, May 24, 2006, as amended at 78 (d) Good Faith Requirement. New en- FR 8270, Jan. 5, 2013] trants and incumbent licensees are expected to act in good faith in satisfying § 27.1168 Triggering a Reimbursement the cost-sharing obligations under Obligation. §§ 27.1160 through 27.1174. The require- (a) The clearinghouse will apply the ment to act in good faith extends to, following test to determine when an but is not limited to, the preparation AWS entity has triggered a cost-shar- and submission of the documentation ing obligation and therefore must pay required in paragraph (b) of this sec- an AWS relocator, MSS relocator, or a tion. voluntarily relocating microwave in- (e) MSS Participation in the Clearing- cumbent in accordance with the for- house. MSS operators are not required mula detailed in § 27.1164: to submit reimbursements to the clear- (1) All or part of the relocated micro- inghouse for links relocated due to in- wave link was initially co-channel with terference from MSS space-to-Earth the licensed AWS band(s) of the AWS downlink operations, but may elect to entity or the selected assignment of do so, in which case the MSS operator the MSS operator that seeks and ob- must identify the reimbursement claim tains ATC authority (see § 25.149(a)(2)(i) as such and follow the applicable proof this chapter); cedures governing reimbursement in (2) An AWS relocator, MSS relocator part 27. MSS reimbursement rights and or a voluntarily relocating microwave cost-sharing obligations for space-to- incumbent has paid the relocation Earth downlink operations are gov- costs of the microwave incumbent; and erned by § 101.82 of this chapter. (f) Reimbursement for Self-relocating (3) The AWS or MSS entity is oper- FMS links in the 2130–2150 MHz and 2180– ating or preparing to turn on a fixed 2200 MHz bands. Where a voluntarily re- base station at commercial power and locating microwave incumbent relo- the fixed base station is located within cates a paired microwave link with a rectangle (Proximity Threshold) de- paths in the 2130–2150 MHz and 2180–2200 scribed as follows: MHz bands, it may not seek reimburse- (i) The length of the rectangle shall ment from MSS operators, but is enti- be x where x is a line extending tled to reimbursement from the first through both nodes of the microwave AWS beneficiary for its actual costs for link to a distance of 48 kilometers (30 relocating the paired link, subject to miles) beyond each node. The width of the reimbursement cap in § 27.1164(b). the rectangle shall be y where y is a This amount is subject to depreciation line perpendicular to x and extending as specified in § 27.1164(b). An AWS li- for a distance of 24 kilometers (15 censee who is obligated to reimburse miles) on both sides of x. Thus, the rec- relocation costs under this rule is enti- tangle is represented as follows:

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(ii) If the application of the Prox- § 101.103(d) of this chapter is prepared, imity Threshold Test indicates that a AWS entities can satisfy the site-data reimbursement obligation exists, the filing requirement by submitting a clearinghouse will calculate the reim- copy of their PCN to the clearinghouse. bursement amount in accordance with AWS entities that file either a notice the cost-sharing formula and notify the or a PCN have a continuing duty to AWS entity of the total amount of its maintain the accuracy of the site-spe- reimbursement obligation. cific data on file with the clearing- (b) Once a reimbursement obligation house. Utilizing the site-specific data, is triggered, the AWS entity may not the clearinghouse will determine if any avoid paying its cost-sharing obliga- reimbursement obligation exists and tion by deconstructing or modifying its notify the AWS entity in writing of its facilities. repayment obligation, if any. When the AWS entity receives a written copy of [71 FR 29835, May 24, 2006, as amended at 78 such obligation, it must pay directly to FR 8271, Jan. 5, 2013] the relocator the amount owed within § 27.1170 Payment issues. 30 calendar days. Prior to initiating operations for a [78 FR 8271, Jan. 5, 2013] newly constructed site or modified existing site, an AWS entity is required § 27.1172 Dispute Resolution Under the Cost-Sharing Plan. to file a notice containing site-specific data with the clearinghouse. The no- (a) Disputes arising out of the cost- tice regarding the new or modified site sharing plan, such as disputes over the must provide a detailed description of amount of reimbursement required, the proposed site’s spectral frequency must be brought, in the first instance, use and geographic location, including to the clearinghouse for resolution. To but not limited to the applicant’s name the extent that disputes cannot be re- and address, the name of the transmit- solved by the clearinghouse, parties are ting base station, the geographic co- encouraged to use expedited Alter- ordinates corresponding to that base native Dispute Resolution (ADR) pro- station, the frequencies and polariza- cedures, such as binding arbitration, tions to be added, changed or deleted, mediation, or other ADR techniques. and the emission designator. If a prior (b) Evidentiary requirement. Parties of coordination notice (PCN) under interest contesting the clearinghouse’s

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determination of specific cost-sharing costs and are not parties to the alter- obligations must provide evidentiary native agreement. In addition, parties support to demonstrate that their cal- to a private cost-sharing agreement culation is reasonable and made in may seek reimbursement through the good faith. Specifically, these parties clearinghouse (as discussed in § 27.1178) are expected to exercise due diligence from AWS entities that are not parties to obtain the information necessary to to the agreement. The cost-sharing prepare an independent estimate of the plan is in effect during all phases of relocation costs in question and to file BRS relocation until the end of the pe- the independent estimate and sup- riod specified in § 27.1190. If an AWS li- porting documentation with the clear- censee enters into a spectrum leasing inghouse. arrangement and the spectrum lessee § 27.1174 Termination of cost-sharing triggers a cost-sharing obligation, the obligations. licensee is the AWS entity responsible The cost-sharing plan will sunset for for satisfying cost-sharing obligations all AWS and MSS entities on the same under these rules. date on which the relocation obligation § 27.1178 Administration of the Cost- for the subject AWS band (i.e., 2110–2150 Sharing Plan. MHz, 2160–2175 MHz, 2175–2180 MHz, 2180–2200 MHz) in which the relocated The Wireless Telecommunications FMS link was located terminates. AWS Bureau, under delegated authority, will or MSS entrants that trigger a cost- select one or more entities to operate sharing obligation prior to the sunset as a neutral, not-for-profit clearing- date must satisfy their payment obli- house(s). This clearinghouse(s) will ad- gation in full. minister the cost-sharing plan by, inter [78 FR 8271, Feb. 5, 2013] alia, determining the cost-sharing obligations of AWS entities for the reloca- COST-SHARING POLICIES GOVERNING tion of BRS incumbents from the 2150– BROADBAND RADIO SERVICE RELOCA- 2162 MHz band. The clearinghouse fil- TION FROM THE 2150–2160/62 MHZ ing requirements (see §§ 27.1182(a), BAND 27.1186) will not take effect until an administrator is selected. SOURCE: Sections 27.1176 through 27.1190 appear at 71 FR 29835, May 24, 2006, unless oth- § 27.1180 The cost-sharing formula. erwise noted. (a) An AWS licensee that relocates a § 27.1176 Cost-sharing requirements BRS system with which it interferes is for AWS in the 2150–2160/62 MHz entitled to pro rata reimbursement band. based on the cost-sharing formula spec- (a) Frequencies in the 2150–2160/62 ified in § 27.1164, except that the depre- MHz band have been reallocated from ciation factor shall be [180¥Tm]/180, the Broadband Radio Service (BRS) to and the variable C shall be applied as AWS. All AWS entities who benefit set forth in paragraph (b) of this sec- from another AWS entity’s clearance tion. of BRS incumbents from this spectrum, (b) C is the actual cost of relocating including BRS incumbents occupying the system, and includes, but is not the 2150–2162 MHz band on a primary limited to, such items as: Radio ter- basis, must contribute to such reloca- minal equipment (TX and/or RX—an- tion costs. Only AWS entrants that re- tenna, necessary feed lines, MUX/ locate BRS incumbents are entitled to Modems); towers and/or modifications; such reimbursement. back-up power equipment; monitoring (b) AWS entities may satisfy their re- or control equipment; engineering imbursement requirement by entering costs (design/path survey); installation; into private cost-sharing agreements systems testing; FCC filing costs; site or agreeing to terms other than those specified in § 27.1180. However, AWS en- acquisition and civil works; zoning tities are required to reimburse other AWS entities that incur relocation

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costs; training; disposal of old equip- (iii) If the system does not exclu- ment; test equipment (vendor re- sively provide one-way transmission to quired); spare equipment; project man- subscribers, the system hub antenna’s agement; site lease renegotiation; re- geographic location and the above quired antenna upgrades for inter- ground level height of the system’s reference control; power plant upgrade (if ceiving antenna centerline. required); electrical grounding sys- (3) The AWS relocator must also in- tems; Heating Ventilation and Air Con- clude with its system registration an ditioning (HVAC) (if required); alter- independent third party appraisal of nate transport equipment; leased fa- the compensable relocation costs. The cilities; and end user units served by appraisal should be based on the actual the base station that is being relo- cost of replacing the incumbent’s sys- cated. In addition to actual costs, C tem with comparable facilities and may include the cost of an independent should exclude the cost of any equip- third party appraisal conducted pursu- ment upgrades that are not necessary ant to § 27.1182(a)(3) and incumbent to the provision of comparable facili- transaction expenses that are directly ties. An AWS relocator may submit attributable to the relocation, subject registration without a third party ap- to a cap of two percent of the ‘‘hard’’ praisal if it consents to binding resolu- costs involved. Hard costs are defined tion by the clearinghouse of any good as the actual costs associated with pro- faith cost disputes regarding the reim- viding a replacement system, such as bursement claim, under the following equipment and engineering expenses. standard: The relocator shall bear the There is no cap on the actual costs of burden of proof, and be required to relocation. demonstrate by clear and convincing (c) An AWS system shall be considered an interfering system for purposes evidence that its request does not ex- of this rule if the AWS system is in all ceed the actual cost of relocating the or part of the BRS frequency band and relevant BRS system or systems to operates within line of sight to BRS comparable facilities. Failure to sat- operations under the applicable test isfy this burden of proof will result in specified in § 27.1184. An AWS relocator loss of rights to subsequent reimburse- that relocates a BRS system with ment of the disputed costs from any which it does not interfere is entitled AWS licensee. to full reimbursement, as specified in (b) Documentation of expenses. Once § 27.1182(c). relocation occurs, the AWS relocator must submit documentation itemizing § 27.1182 Reimbursement under the the amount spent for items specifically Cost-Sharing Plan. listed in § 27.1180(b), as well as any re- (a) Registration of reimbursement imbursable items not specifically listed rights. (1) To obtain reimbursement, an in § 27.1180(b) that are directly attrib- AWS relocator must submit docu- utable to actual relocation costs. Spe- mentation of the relocation agreement cifically, the AWS relocator must sub- to the clearinghouse within 30 calendar mit, in the first instance, only the uni- days of the date a relocation agree- form cost data requested by the clear- ment is signed with an incumbent. In inghouse along with copies, without re- the case of involuntary relocation, an daction, of the relocation agreement, if AWS relocator must submit docu- any, and the third party appraisal de- mentation of the relocated system scribed in (a)(3), of this section, if pre- within 30 calendar days after the end of pared. The AWS relocator must iden- the one-year trial period. tify the particular system associated (2) Registration of any BRS system with appropriate expenses (i.e., costs shall include: may not be averaged over numerous (i) A description of the system’s fre- systems). If an AWS relocator pays a quency use; BRS incumbent a monetary sum to re- (ii) If the system exclusively provides locate its own facilities in whole or in one-way transmissions to subscribers, part, the AWS relocator must itemize the Geographic Service Area of the sys- the actual costs to the extent deter- tem; and minable, and otherwise must estimate

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the actual costs associated with relo- the incumbent BRS system would have cating the incumbent and itemize these been within the line of sight of the costs. If the sum paid to the incumbent AWS entity’s fixed base station, de- cannot be accounted for, the remaining fined as follows. amount is not eligible for reimburse- (i) For a BRS system using the 2150– ment. All AWS relocators seeking re- 2160/62 MHz band exclusively to provide imbursement through the clearing- one-way transmissions to subscribers, house have an ongoing duty to main- the clearinghouse will determine tain all relevant records of BRS reloca- whether there is an unobstructed sig- tion-related expenses until the sunset nal path (line of sight) to the incum- of cost-sharing obligations, and to pro- bent licensee’s geographic service area vide, upon request, such documenta- (GSA), based on the following criteria: tion, including a copy of the inde- use of 9.1 meters (30 feet) for the receiv- pendent appraisal if one was conducted, ing antenna height, use of the actual to the clearinghouse, the Commission, transmitting antenna height and ter- or AWS entrants that trigger a cost- rain elevation, and assumption of 4/3 sharing obligation. Earth radius propagation conditions. (c) Full reimbursement. An AWS re- Terrain elevation data must be ob- locator who relocates a BRS system tained from the U.S. Geological Survey that is either: (USGS) 3-second database. All coordi- (1) Wholly outside its frequency band; nates used in carrying out the required or analysis shall be based upon use of (2) Not within line of sight of the re- NAD–83. locator’s transmitting base station (ii) For all other BRS systems using may seek full reimbursement through the 2150–2160/62 MHz band, the clearing- the clearinghouse of compensable house will determine whether there is costs. Such reimbursement will not be an unobstructed signal path (line of subject to depreciation under the cost- sight) to the incumbent licensee’s re- sharing formula. ceive station hub using the method (d) Good Faith Requirement. New en- prescribed in ‘‘Methods for Predicting trants and incumbent licensees are ex- Interference from Response Station pected to act in good faith in satisfying Transmitters and to Response Station the cost-sharing obligations under Hubs and for Supplying Data on Re- §§ 27.1176 through 27.1190. The require- sponse Station Systems. MM Docket ment to act in good faith extends to, 97–217,’’ in Amendment of 47 CFR parts but is not limited to, the preparation 1, 21 and 74 to Enable Multipoint Dis- and submission of the documentation tribution Service and Instructional required in paragraph (b) of this sec- Television Fixed Service Licensees to tion. Engage in Fixed Two-Way Trans- missions, MM Docket No. 97–217, Report § 27.1184 Triggering a reimbursement and Order on Further Reconsideration obligation. and Further Notice of Proposed Rule- (a) The clearinghouse will apply the making, 15 FCC Rcd 14566 at 14610, Ap- following test to determine when an pendix D. AWS entity has triggered a cost-shar- (b) If the application of the trigger ing obligation and therefore must pay test described in paragraphs (a)(3)(i) an AWS relocator of a BRS system in and (ii) of this section, indicates that a accordance with the formula detailed reimbursement obligation exists, the in § 27.1180: clearinghouse will calculate the reim- (1) All or part of the relocated BRS bursement amount in accordance with system was initially co-channel with the cost-sharing formula and notify the the licensed AWS band(s) of the AWS subsequent AWS entity of the total entity; amount of its reimbursement obliga- (2) An AWS relocator has paid the re- tion. location costs of the BRS incumbent; (c) Once a reimbursement obligation and is triggered, the AWS entity may not (3) The other AWS entity has turned avoid paying its cost-sharing obliga- on or is preparing to turn on a fixed tion by deconstructing or modifying its base station at commercial power and facilities.

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§ 27.1186 Payment issues. cost-sharing obligation prior to the Payment of cost-sharing obligations sunset date must satisfy their payment for the relocation of BRS systems in obligation in full. the 2150–60/62 MHz band is subject to the rules set forth in § 27.1170. If an Subpart M—Broadband Radio AWS licensee is initiating operations Service and Educational for a newly constructed site or modi- Broadband Service fied existing site in licensed bands overlapping the 2150–2160/62 MHz band, the AWS licensee must file with the SOURCE: 69 FR 72034, Dec. 10, 2004, unless otherwise noted. clearinghouse, in addition to the site- specific data required by § 27.1170, the § 27.1200 Change to BRS and EBS. above ground level height of the transmitting antenna centerline. AWS enti- (a) As of January 10, 2005, licensees ties have a continuing duty to main- assigned to the Multipoint Distribution tain the accuracy of the site-specific Service (MDS) and the Multichannel data on file with the clearinghouse. Multipoint Distribution Service (MMDS) shall be reassigned to the [71 FR 29835, May 24, 2006, as amended at 72 FR 41939, Aug. 1, 2007] Broadband Radio Service (BRS) and licensees in the Instructional Television § 27.1188 Dispute resolution under the Fixed Service (ITFS) shall be reas- Cost-Sharing Plan. signed to the Educational Broadband (a) Disputes arising out of the cost- Service (EBS). sharing plan, such as disputes over the amount of reimbursement required, § 27.1201 EBS eligibility. must be brought, in the first instance, (a) A license for an Educational to the clearinghouse for resolution. To Broadband Service station will be the extent that disputes cannot be re- issued only to an accredited institution solved by the clearinghouse, parties are or to a governmental organization en- encouraged to use expedited Alter- gaged in the formal education of en- native Dispute Resolution (ADR) pro- rolled students or to a nonprofit orga- cedures, such as binding arbitration, nization whose purposes are edu- mediation, or other ADR techniques. cational and include providing edu- (b) Evidentiary requirement. Parties of cational and instructional television interest contesting the clearinghouse’s material to such accredited institu- determination of specific cost-sharing tions and governmental organizations, obligations must provide evidentiary and which is otherwise qualified under support to demonstrate that their cal- the statutory provisions of the Com- culation is reasonable and made in good faith. Specifically, these parties munications Act of 1934, as amended. are expected to exercise due diligence (1) A publicly supported educational to obtain the information necessary to institution must be accredited by the prepare an independent estimate of the appropriate State department of edu- relocation costs in question and to file cation. the independent estimate and sup- (2) A privately controlled educational porting documentation with the clear- institution must be accredited by the inghouse. appropriate State department of education or the recognized regional and § 27.1190 Termination of cost-sharing national accrediting organizations. obligations. (3) Those applicant organizations The plan for cost-sharing in connec- whose eligibility is established by serv- tion with BRS relocation will sunset ice to accredited institutional or gov- for all AWS entities fifteen years after ernmental organizations must submit the relocation sunset period for BRS documentation from proposed receive relocation commences, i.e., fifteen years after the first AWS licenses are issued in any part of the 2150–2162 MHz band. AWS entrants that trigger a

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sites demonstrating that they will re- staff member will aid in the selection, ceive and use the applicant’s edu- scheduling and production of the pro- cational usage. In place of this docu- gramming received over the system. mentation, a State educational tele- (b) No numerical limit is placed on vision (ETV) commission may dem- the number of stations which may be onstrate that the public schools it pro- licensed to a single licensee. A single poses to serve are required to use its license may be issued for more than proposed educational usage. Docu- one transmitter if they are to be lo- mentation from proposed receive sites cated at a common site and operated which are to establish the eligibility of by the same licensee. Applicants are an entity not serving its own enrolled expected to accomplish the proposed students for credit should be in letter operation by the use of the smallest form, written and signed by an admin- number of channels required to provide istrator or authority who is responsible the needed service. for the receive site’s curriculum plan- (c) [Reserved] ning. No receive site more than 35 (d) This paragraph applies to EBS li- miles from the proposed station’s cen- censees and applications licensed or tral reference point, or outside the ap- filed pursuant to the provisions of plicants’ proposed GSA, shall be used § 27.1201(c) contained in the edition of to establish basic eligibility. Where 47 CFR parts 20 through 39, revised as broadband or data services are proof October 1, 2005, or §§ 74.990 through posed, the letter should indicate that 74.992 contained in the edition of 47 the data services will be used in fur- CFR parts 70 through 79, revised as of therance of the institution’s edu- October 1, 2004, and that do not meet cational mission and will be provided the eligibility requirements of para- to enrolled students, faculty and staff graph (a) of this section. Such licensees in a manner and in a setting conducive may continue to operate pursuant to to educational usage. Where tradi- the terms of their existing licenses, tional educational or instructional and their licenses may be renewed, as- video services are proposed, the letter signed, or transferred, so long as the li- should indicate that the applicant’s censee is otherwise in compliance with program offerings have been viewed this chapter. Applications filed pursu- and that such programming will be in- ant to the provisions of § 27.1201(c) con- corporated in the site’s curriculum. tained in the edition of 47 CFR parts 20 Where educational or instructional through 39, revised as of October 1, 2005 video services are proposed, the letter or §§ 74.990 through 74.992 contained in should discuss the types of program- the edition of 47 CFR parts 70 through ming and hours per week of formal and 79, revised as of October 1, 2004 may be informal programming expected to be processed and granted, so long as such used and the site’s involvement in the applications were filed prior to July 19, planning, scheduling and production of 2006. The provisions of §§ 27.1203(b) programming. If other levels of author- through (d) and 27.1214 of this subpart ity must be obtained before a firm do not apply to licenses governed by commitment to utilize the service can this paragraph. be made, the nature and extent of such [69 FR 72034, Dec. 10, 2004, as amended at 71 additional authorization(s) must be FR 35190, June 19, 2006; 73 FR 26040, May 8, provided. 2008] (4) Nonlocal applicants, in addition to submitting letters from proposed re- § 27.1202 Cable/BRS cross-ownership. ceive sites, must demonstrate the es- (a) Initial or modified authorizations tablishment of a local program com- for BRS stations may not be granted to mittee in each community where they a cable operator if a portion of the BRS apply. Letters submitted on behalf of a station’s protected services area is nonlocal entity must confirm that a within the portion of the franchise area member of the receive site’s staff will actually served by the cable operator’s serve on the local program committee cable system and the cable operator and demonstrate a recognition of the will be using the BRS station as a mul- composition and power of the com- tichannel video programming dis- mittee. The letter should show that the tributor (as defined in § 76.64(d) of this

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chapter). No cable operator may ac- cable television system are representa- quire such authorization either di- tives of the investment company, in- rectly, or indirectly through an affil- surance company or bank concerned. iate owned, operated, or controlled by Holdings by a bank or insurance com- or under common control with a cable pany will be aggregated if the bank or operator if the cable operator will use insurance company has any right to de- the BRS station as a multichannel termine how the stock will be voted. video programming distributor. Holdings by investment companies will (b) No licensee of a station in this be aggregated if under common man- service may lease transmission time or agement. capacity to a cable operator either di- (3) Attribution of ownership interests rectly, or indirectly through an affil- in a BRS licensee or cable television iate owned, operated, controlled by, or system that are held indirectly by any under common control with a cable op- party through one or more intervening erator, if a portion of the BRS station’s corporations will be determined by suc- protected services area is within the cessive multiplication of the ownership portion of the franchise area actually percentages for each link in the served by the cable operator’s cable vertical ownership chain and applica- system the cable operator will use the tion of the relevant attribution bench- BRS station as a multichannel video mark to the resulting product, except programming distributor. that wherever the ownership percent- (c) Applications for new stations, sta- age for any link in the chain exceeds tion modifications, assignments or 50%, it shall not be included for pur- transfers of control by cable operators poses of this multiplication. For pur- of BRS stations shall include a showing poses of paragraph (d)(9) of this sec- that no portion of the GSA of the BRS tion, attribution of ownership interests station is within the portion of the in a BRS licensee or cable television franchise area actually served by the system that are held indirectly by any cable operator’s cable system, or of any party through one or more intervening entity indirectly affiliated, owned, op- organizations will be determined by erated, controlled by, or under common successive multiplication of the owner- control with the cable operator. Alter- ship percentages for each link in the natively, the cable operator may cer- vertical ownership chain and applica- tify that it will not use the BRS station of the relevant attribution bench- tion to distribute multichannel video mark to the resulting product, and the programming. ownership percentage for any link in (d) In applying the provisions of this the chain that exceeds 50% shall be in- section, ownership and other interests cluded for purposes of this multiplica- in BRS licensees or cable television tion. For example, except for purposes systems will be attributed to their of paragraph (d)(9) of this section, if A holders and deemed cognizable pursu- owns 10% of company X, which owns ant to the following criteria: 60% of company Y, which owns 25% of (1) Except as otherwise provided ‘‘Licensee,’’ then X’s interest in ‘‘Li- herein, partnership and direct owner- censee’’ would be 25% (the same as Y’s ship interests and any voting stock in- interest because X’s interest in Y ex- terest amounting to 5% or more of the ceeds 50%), and A’s interest in ‘‘Li- outstanding voting stock of a cor- censee’’ would be 2.5% (0.1 × 0.25). porate BRS licensee or cable television Under the 5% attribution benchmark, system will be cognizable; X’s interest in ‘‘Licensee’’ would be (2) Investment companies, as defined cognizable, while A’s interest would in 15 U.S.C. 80a–3, insurance companies not be cognizable. For purposes of and banks holding stock through their paragraph (d)(9) of this section, X’s in- trust departments in trust accounts terest in ‘‘Licensee’’ would be 15% (0.6 will be considered to have a cognizable × 0.25) and A’s interest in ‘‘Licensee’’ interest only if they hold 20% or more would be 1.5% (0.1 × 0.6 × 0.25). Neither of the outstanding voting stock of a interest would be attributed under corporate BRS licensee or cable tele- paragraph (d)(9) of this section. vision system, or if any of the officers (4) Voting stock interests held in or directors of the BRS licensee or trust shall be attributed to any person

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who holds or shares the power to vote or system that is an LLC or RLLP to such stock, to any person who has the make the certification set forth in sole power to sell such stock, and to paragraph (d)(6)(i) of this section, it any person who has the right to revoke must verify that the organizational the trust at will or to replace the document, with respect to the par- trustee at will. If the trustee has a fa- ticular interest holder exempt from at- milial, personal or extra-trust business tribution, establishes that the exempt relationship to the grantor or the bene- interest holder has no material in- ficiary, the grantor or beneficiary, as volvement, directly or indirectly, in appropriate, will be attributed with the the management or operation of the stock interests held in trust. An other- BRS or cable television activities of wise qualified trust will be ineffective the LLC or RLLP. Irrespective of the to insulate the grantor or beneficiary terms of the certificate of limited part- from attribution with the trust’s assets nership or partnership agreement, or unless all voting stock interests held other organizational document in the by the grantor or beneficiary in the case of an LLC or RLLP, however, no relevant BRS licensee or cable tele- such certification shall be made if the vision system are subject to said trust. individual or entity making the certifi- (5) Subject to paragraph (d)(9) of this cation has actual knowledge of any section, holders of non-voting stock material involvement of the limited shall not be attributed an interest in partners, or other interest holders in the issuing entity. Subject to para- the case of an LLC or RLLP, in the graph (d)(9) of this section, holders of management or operation of the BRS debt and instruments such as warrants, or cable television businesses of the convertible debentures, options or partnership or LLC or RLLP. other non-voting interests with rights (iii) In the case of an LLC or RLLP, of conversion to voting interests shall the licensee or system seeking installa- not be attributed unless and until con- tion shall certify, in addition, that the version is effected. relevant state statute authorizing (6)(i) A limited partnership interest LLCs permits an LLC member to insu- shall be attributed to a limited partner late itself as required by our criteria. unless that partner is not materially (7) Officers and directors of a BRS li- involved, directly or indirectly, in the censee or cable television system are management or operation of the BRS considered to have a cognizable inter- or cable television activities of the est in the entity with which they are so partnership and the licensee or system associated. If any such entity engages so certifies. An interest in a Limited in businesses in addition to its primary Liability Company (‘‘LLC’’) or Reg- business of BRS or cable television istered Limited Liability Partnership service, it may request the Commission (‘‘RLLP’’) shall be attributed to the in- to waive attribution for any officer or terest holder unless that interest hold- director whose duties and responsibil- er is not materially involved, directly ities are wholly unrelated to its pri- or indirectly, in the management or mary business. The officers and direc- operation of the BRS or cable tele- tors of a parent company of a BRS li- vision activities of the partnership and censee or cable television system, with the licensee or system so certifies. an attributable interest in any such (ii) For a licensee or system that is a subsidiary entity, shall be deemed to limited partnership to make the cer- have a cognizable interest in the sub- tification set forth in paragraph sidiary unless the duties and respon- (d)(6)(i) of this section, it must verify sibilities of the officer or director in- that the partnership agreement or cer- volved are wholly unrelated to the BRS tificate of limited partnership, with re- licensee or cable television system sub- spect to the particular limited partner sidiary, and a statement properly docu- exempt from attribution, establishes menting this fact is submitted to the that the exempt limited partner has no Commission. The officers and directors material involvement, directly or indi- of a sister corporation of a BRS li- rectly, in the management or operation censee or cable television system shall of the BRS or cable television activi- not be attributed with ownership of ties of the partnership. For a licensee these entities by virtue of such status.

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(8) Discrete ownership interests will gramming is programming produced in be aggregated in determining whether or near the cable operator’s franchise or not an interest is cognizable under area and not broadcast on a television this section. An individual or entity station available within that franchise will be deemed to have a cognizable in- area. A cable operator will be per- vestment if: mitted one BRS channel for this pur- (i) The sum of the interests held by pose, and no more than one BRS chan- or through ‘‘passive investors’’ is equal nel may be used by a cable television to or exceeds 20 percent; or company or its affiliate or lessor pur- (ii) The sum of the interests other suant to this paragraph. The licensee than those held by or through ‘‘passive for a cable operator providing local investors’’ is equal to or exceeds 5 per- programming pursuant to a lease must cent; or include in a notice filed with the Wire- (iii) The sum of the interests com- less Telecommunications Bureau a puted under paragraph (d)(8)(i) of this cover letter explicitly identifying itself section plus the sum of the interests or its lessees as a local cable operator computed under paragraph (d)(8)(ii) of and stating that the lease was executed this section equal to or exceeds 20 per- to facilitate the provision of local pro- cent. gramming. The first application or the (9) Notwithstanding paragraphs (d)(5) first lease notification in an area filed and (d)(6) of this section, the holder of with the Commission will be entitled an equity or debt interest or interests to the exemption. The limitations on in a BRS licensee or cable television one BRS channel per party and per system subject to the BRS/cable cross- area include any cable/BRS operations ownership rule (‘‘interest holder’’) or cable/EBS operations. The cable op- shall have that interest attributed if: erator must demonstrate in its BRS (i) The equity (including all stock- application that the proposed local pro- holdings, whether voting or nonvoting, gramming will be provided within one common or preferred) and debt interest year from the date its application is or interests, in the aggregate, exceed 33 granted. Local programming service percent of the total asset value (all eq- pursuant to a lease must be provided uity plus all debt) of that BRS licensee within one year of the date of the lease or cable television system; and or one year of grant of the licensee’s (ii) The interest holder also holds an application for the leased channel, interest in a BRS licensee or cable tel- whichever is later. If a BRS license for evision system that is attributable these purposes is granted and the pro- under this section (other than this gramming is subsequently discon- paragraph) and which operates in any tinued, the license will be automati- portion of the franchise area served by cally forfeited the day after local pro- that cable operator’s cable system. gramming service is discontinued. (10) The term ‘‘area served by a cable (g) Applications filed by cable tele- system’’ means any area actually vision companies, or affiliates, for BRS passed by the cable operator’s cable channels prior to February 8, 1990, will system and which can be connected for not be subject to the prohibitions of a standard connection fee. this section. Applications filed on Feb- (11) As used in this section ‘‘cable op- ruary 8, 1990, or thereafter will be re- erator’’ shall have the same definition turned. Lease arrangements between as in § 76.5 of this chapter. cable and BRS entities for which a (e) The Commission will entertain release or a firm agreement was signed quests to waive the restrictions in prior to February 8, 1990, will also not paragraph (a) of this section where nec- be subject to the prohibitions of this essary to ensure that all significant section. Leases between cable tele- portions of the franchise area are able vision companies, or affiliates, and to obtain multichannel video service. BRS station licensees, conditional li- (f) The provisions of paragraphs (a) censees, or applicants executed on Feb- through (e) of this section will not ruary 8, 1990, or thereafter, are invalid. apply to one BRS channel used to pro- (1) Applications filed by cable opera- vide locally-produced programming to tors, or affiliates, for BRS channels cable headends. Locally-produced pro- prior to February 8, 1990, will not be

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subject to the prohibitions of this sec- providing a formal educational and cul- tion. Except as provided in paragraph tural development to enrolled students. (g)(2)of this section, applications filed Authorized educational broadband on February 8, 1990, or thereafter will channels must be used to further the be returned. Lease arrangements be- educational mission of accredited tween cable and BRS entities for which schools offering formal educational a lease or a firm agreement was signed courses to enrolled students. prior to February 8, 1990, will also not (c) In furtherance of the educational be subject to the prohibitions of this mission of accredited schools, Edu- section. Except as provided in para- cational Broadband Service stations graph (g)(2) of this section, leases be- may be used for: tween cable operators, or affiliates, and (1) In-service training and instruc- BRS/EBS station licensees, conditional tion in special skills and safety pro- licensees, or applicants executed on or grams, extension of professional train- before February 8, 1990, or thereafter ing, informing persons and groups en- are invalid. gaged in professional and technical ac- (2) Applications filed by cable opera- tivities of current developments in tors, or affiliates for BRS channels their particular fields, and other simi- after February 8, 1990, and prior to Oc- lar endeavors; tober 5, 1992, will not be subject to the (2) Transmission of material directly prohibition of this section, if, pursuant related to the administrative activities to the then existing overbuild or rural of the licensee, such as the holding of exceptions, the applications were al- conferences with personnel, distribu- lowed under the then existing cable/ tion of reports and assignments, ex- BRS cross-ownership prohibitions. change of data and statistics, and other Lease arrangements between cable op- similar uses. erators and BRS entities for which a (d) Stations, including high-power lease or firm agreement was signed EBS signal booster stations, may be li- after February 8, 1990, and prior to Oc- censed in the EBS as originating or tober 5, 1992, will not be subject to the relay stations to interconnect edu- prohibitions of this section, if, pursu- cational broadband fixed stations in ant to the then existing rural and over- adjacent areas, to deliver instructional build exceptions, the lease arrange- and cultural material to, and obtain ments were allowed. such material from, commercial and (3) The limitations on cable tele- noncommercial educational television vision ownership in this section do not broadcast stations for use on the edu- apply to any cable operator in any cational broadband system, and to de- franchise area in which a cable oper- liver instructional and cultural mate- ator is subject to effective competition rial to, and obtain such material from, as determined under section 623(l) of nearby terminals or connection points the Communications Act. of closed circuit educational television systems employing wired distribution [69 FR 72034, Dec. 10, 2004, as amended at 71 systems or radio facilities authorized FR 35190, June 19, 2006] under other parts of this chapter, or to § 27.1203 EBS programming require- deliver instructional and cultural ma- ments. terial to any cable television system (a) Except as provided in paragraphs serving a receiving site or sites which (b), (c), and (d) of this section, BRS and would be eligible for direct reception of EBS licensees are authorized to provide EBS signals under the provisions of fixed or mobile service, except aero- § 27.1201. nautical mobile service, subject to the [69 FR 72034, Dec. 10, 2004, as amended at 71 technical requirements of subparts C FR 35190, June 19, 2006] and M of this part. (b) Educational Broadband Service § 27.1206 Geographic Service Area. stations are intended primarily (a) The Geographic Service Area through video, data, or voice trans- (GSA) is either: missions to further the educational (1) The area for incumbent site-based mission of accredited public and pri- licensees that is bounded by a circle vate schools, colleges and universities having a 35 mile radius and centered at

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the station’s reference coordinates, Marketing Guide, 123rd Edition, at which was the previous PSA entitled to pages 38–39. The following are addi- incumbent licensees prior to January tional BRS service areas in places 10, 2005, and is bounded by the chord(s) where Rand McNally has not defined drawn between intersection points of BTAs: American Samoa; Guam; Gulf of the licensee’s previous 35 mile PSA and Mexico Zone A; Gulf of Mexico Zone B; those of respective adjacent market, Gulf of Mexico Zone C; Northern Mar- co-channel licensees; or: iana Islands; Mayaguez/Aguadilla- (2) The BTA that is licensed to the Ponce, Puerto Rico; San Juan, Puerto respective BRS BTA authorization Rico; and the United States Virgin Is- holder subject to the exclusion of over- lands. The boundaries of Gulf of Mexico lapping, co-channel incumbent GSAs as Zone A are from an area twelve nau- described in paragraph (a)(1) of this tical miles from the shoreline at mean section. high tide on the north and east, to the (b) If the license for an incumbent limit of the Outer Continental Shelf to BRS station cancels or is forfeited, the the south, and to longitude 91°00′ to the GSA area of the incumbent station west. The boundaries of Gulf of Mexico shall dissolve and the right to operate Zone B are from an area twelve nau- in that area automatically reverts to tical miles from the shoreline at mean the GSA licensee that held the cor- high tide on the north, to the limit of responding BTA. the Outer Continental Shelf to the ° ′ § 27.1207 BTA license authorization. south, to longitude 91 00 to the east, and to longitude 94°00′ to the west. The (a) Winning bidders must file an ap- boundaries of Gulf of Mexico Zone C plication (FCC Form 601) for an initial are from an area twelve nautical miles authorization. from the shoreline at mean high tide (b) Initial authorizations for BRS on the north and west, to longitude granted after January 1, 2008, shall be 94°00′ to the east, and to a line 281 kilo- blanket licenses for all BRS frequencies identified in § 27.5(i)(2) and meters from the reference point at based on the geographic areas identi- Linares, N.L., Mexico on the south- fied in § 27.1208. Blanket licenses cover west. The Mayaguez/Aguadilla-Ponce, all mobile and response stations. PR, service area consists of the fol- (1) A station would be required to be lowing municipios: Adjuntas, Aguada, individually licensed if Aguadilla, Anasco, Arroyo, Cabo Rojo, (i) International agreements require Coamo, Guanica, Guayama, coordination; Guayanilla, Hormigueros, Isabela, (ii) Submission of an Environmental Jayuya, Juana Diaz, Lajas, Las Marias, Assessment is required under § 1.1307 of Maricao, Maunabo, Mayaguez, Moca, this chapter; Patillas, Penuelas, Ponce, (iii) The station would affect the Quebradillas, Rinco´ n, Sabana Grande, radio quiet zones under § 1.924 of this Salinas, San German, Santa Isabel, chapter. Villalba and Yauco. The San Juan serv- (2) Any antenna structure that re- ice area consists of all other quires notification to the Federal Avia- municipios in Puerto Rico. tion Administration (FAA) must be [69 FR 72034, Dec. 10, 2004, as amended at 73 registered with the Commission prior FR 26040, May 8, 2008] to construction under § 17.4 of this chapter. § 27.1209 Conversion of incumbent [69 FR 72034, Dec. 10, 2004, as amended at 73 EBS and BRS stations to geo- FR 26040, May 8, 2008] graphic area licensing. (a) Any EBS or BRS station licensed § 27.1208 BTA service areas. by the Commission, other than BTA Except for incumbent BRS licenses, authorizations and facilities authorized BRS service areas are Basic Trading pursuant to BTA authorizations, shall Areas (BTAs) or additional service be considered an incumbent station. areas similar to BTAs adopted by the (b) As of January 10, 2005, all incum- Commission. BTAs are based on the bent EBS and BRS licenses shall be Rand McNally 1992 Commercial Atlas & converted to a geographic area license.

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Pursuant to that geographic area li- § 27.1213 Designated entity provisions cense, such incumbent licensees may for BRS in Commission auctions modify their systems provided the commencing prior to January 1, modified system complies with the ap- 2004. plicable rules. The blanket license cov- (a) Eligibility for small business provi- ers all fixed stations anywhere within sions. For purposes of Commission auc- the authorized service area, except as tions commencing prior to January 1, follows: 2004 for BRS licenses, a small business (1) A station would be required to be is an entity that together with its af- individually licensed if filiates has average annual gross reve- (i) International agreements require nues that are not more than $40 million for the preceding three calendar years. coordination; (b) Designated entities. As specified in (ii) Submission of an Environmental this section, designated entities that Assessment is required under § 1.1307 of are winning bidders in Commission this chapter; auctions commencing prior to January (iii) The station would affect the 1, 2004 for BTA service areas are eligi- radio quiet zones under § 1.924 of this ble for special incentives in the auction chapter. process. See 47 CFR 1.2110. (2) Any antenna structure that re- (c) Installment payments. Small busi- quires notification to the Federal Avia- nesses and small business consortia tion Administration (FAA) must be may elect to pay the full amount of registered with the Commission prior their winning bids in Commission auc- to construction under § 17.4 of this tions commencing prior to January 1, chapter. 2004 for BTA service areas in install- (c) The frequencies associated with ments over a ten (10) year period run- incumbent authorizations that have ning from the date that their BTA au- been cancelled automatically or other- thorizations are issued. wise been recovered by the Commission (1) Upon issuance of a BTA authoriza- will automatically revert to the appli- tion to a winning bidder in a Commis- cable BTA licensee. sion auction commencing prior to Jan- uary 1, 2004 that is eligible for install- § 27.1210 Remote control operation. ment payments, the Commission will notify such eligible BTA authorization Licensed BRS/EBS stations may be holder of the terms of its installment operated by remote control without payment plan. For BRS, such install- further authority. ment payment plans will: (i) Impose interest based on the rate § 27.1211 Unattended operation. of ten (10) year U.S. Treasury obliga- Unattended operation of licensed tions at the time of issuance of the BRS/EBS stations is permitted without BTA authorization, plus two and one further authority. An unattended relay half (2.5) percent; station may be employed to receive (ii) Allow installment payments for a and retransmit signals of another sta- ten (10) year period running from the tion provided that the transmitter is date that the BTA authorization is equipped with circuits which permit it issued; to radiate only when the signal in- (iii) Begin with interest-only pay- tended to be retransmitted is present ments for the first two (2) years; and at the receiver input terminals. (iv) Amortize principal and interest over the remaining years of the ten (10) § 27.1212 License term. year period running from the date that the BTA authorization is issued. (a) BRS/EBS licenses shall be issued (2) Conditions and obligations. See for a period of 10 years beginning with § 1.2110(g)(4) of this chapter. the date of grant. (3) Unjust enrichment. If an eligible (b) An initial BTA authorization BTA authorization holder that utilizes shall be issued for a period of ten years installment financing under this sub- from the date the Commission declared section seeks to partition, pursuant to bidding closed in the MDS auction. applicable rules, a portion of its BTA

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containing one-third or more of the and must list and summarize all agree- population of the area within its con- ments that affect designated entity trol in the licensed BTA to an entity status, such as partnership agree- not meeting the eligibility standards ments, shareholder agreements, man- for installment payments, the holder agement agreements and other agree- must make full payment of the remain- ments, including oral agreements, ing unpaid principal and any unpaid in- which establish that the designated en- terest accrued through the date of par- tity will have both de facto and de jure tition as a condition of approval. control of the entity. See 47 CFR (d) Reduced upfront payments. For 1.2110(i). purposes of Commission auctions com- (g) Records maintenance. All holders mencing prior to January 1, 2004 for of BTA authorizations acquired in a BRS licenses, a prospective bidder that Commission auction commencing prior qualifies as a small business, or as a to January 1, 2004 that claim des- small business consortia, is eligible for ignated entity status shall maintain, a twenty-five (25) percent reduction in at their principal place of business or the amount of the upfront payment with their designated agent, an up- otherwise required. To be eligible to dated documentary file of ownership bid on a particular BTA, a small busi- and revenue information necessary to ness will be required to submit an up- establish their status. Holders of BTA front payment equal to seventy-five authorizations or their successors in (75) percent of the upfront payment interest shall maintain such files for a amount specified for that BTA in the ten (10) year period running from the public notice listing the upfront pay- date that their BTA authorizations are ment amounts corresponding to each issued. The files must be made avail- BTA service area being auctioned. able to the Commission upon request. (e) Bidding credits. For purposes of [69 FR 72034, Dec. 10, 2004, as amended at 71 Commission auctions commencing FR 35190, June 19, 2006] prior to January 1, 2004 for BRS licenses, a winning bidder that qualifies § 27.1214 EBS spectrum leasing ar- as a small business, or as a small busi- rangements and grandfathered ness consortia, may use a bidding cred- leases. it of fifteen (15) percent to lower the (a) A licensee in the EBS that is sole- cost of its winning bid on any of the ly utilizing analog transmissions may BTA authorizations awarded in the enter into a spectrum leasing arrange- Commission BRS auctions commencing ment to transmit material other than prior to January 1, 2004. the educational programming defined (f) Short-form application certifi- in § 27.1203(b) and (c) subject to the fol- cation; Long-form application or state- lowing conditions: ment of intention disclosure. A BRS (1) Before entering into a spectrum applicant in a Commission auction leasing arrangement involving mate- commencing prior to January 1, 2004 rial other than educational program- claiming designated entity status shall ming on any one channel, the licensee certify on its short-form application must provide at least 20 hours per week that it is eligible for the incentives of EBS educational programming (as claimed. A designated entity that is a defined in § 27.1203(b) and (c)) on that winning bidder for a BTA service channel, except as provided in para- area(s) shall, in addition to informa- graphs (a)(2) and (a)(3) of this section. tion otherwise required, file an exhibit An additional 20 hours per week per to either its initial long-form applica- channel must be strictly reserved for tion for a BRS station license, or to its EBS use and not used for non-EBS pur- statement of intention with regard to poses, or reserved for recapture by the the BTA, which discloses the gross rev- EBS licensee for its EBS educational enues for each of the past three years usage, subject to one year’s advance, of the winning bidder and its affiliates. written notification by the EBS li- This exhibit shall describe how the censee to its lessee and accounting for winning bidder claiming status as a all recapture already exercised, with no designated entity satisfies the des- economic or operational detriment to ignated entity eligibility requirements, the licensee. These hours of recapture

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are not restricted as to time of day or channels to an operator may ‘‘channel day of the week, but may be estab- shift’’ pursuant to and under the condi- lished by negotiations between the tions of paragraph (d)(2) of this section. EBS licensee and the lessee. The 20 (b) A licensee utilizing digital trans- hours per channel per week EBS edu- missions on any of its licensed chan- cational usage requirement and the re- nels may enter into a spectrum leasing capture and/or reservation requirement arrangement to transmit material of an additional 20 hours per channel other than the educational program- per week shall apply spectrally over ming defined in § 27.1203(b) and (c), sub- the licensee’s whole actual service ject to the following conditions: area. (1) The licensee must reserve a min- (2) For the first two years of oper- imum of 5% of the capacity of its chan- ation, an EBS entity may enter into a nels for educational uses consistent spectrum leasing arrangement involv- with § 27.1203 paragraphs (b) and (c), ing material other than educational and may not enter into a spectrum programming if it provides EBS edu- leasing arrangement involving this re- cational usage for at least 12 hours per served capacity. In addition, before channel per week, provided that the en- leasing excess capacity, the licensee tity does not employ channel loading must provide at least 20 hours per li- technology. censed channel per week of EBS edu- (3) The licensee may shift its req- cational usage. This 5% reservation uisite EBS educational usage onto and this 20 hours per licensed channel fewer than its authorized number of per week EBS educational usage re- channels, via channel mapping or chan- quirement shall apply spectrally over nel loading technology, so that it can enter into a spectrum leasing arrange- the licensee’s whole actual service ment involving full-time channel ca- area. However, regardless of whether pacity on its EBS station and/or associ- the licensee has an educational receive ated EBS booster stations, subject to site within its GSA served by a boost- the condition that it provide a total er, the licensee may lease excess capac- average of at least 20 hours per channel ity without making at least 20 hours per week of EBS educational usage on per licensed channel per week of EBS its authorized channels. The use of educational usage, provided that the li- channel mapping or channel loading censee maintains the unabridgeable consistent with the Rules shall not be right to recapture on one months’ ad- considered adversely to the EBS li- vance notice such capacity as it re- censee in seeking a license renewal. quires over and above the 5% reserva- The licensee also retains the tion to make at least 20 hours per unabridgeable right to recapture, subchannel per week of EBS educational ject to six months’ advance written no- usage. tification by the EBS licensee to the (2) The licensee may shift its req- spectrum lessee, an average of an addi- uisite EBS educational usage onto tional 20 hours per channel per week, fewer than its authorized number of accounting for all recapture already channels, via channel mapping or chan- exercised. Regardless of whether the li- nel loading technology, and may shift censee has educational receive sites its requisite EBS educational usage within its GSA, the licensee may lease onto channels not authorized to it, but booster stations in the entire GSA, which are included in the wireless sys- provided that the licensee maintains tem of which it is a part (‘‘channel the unabridgeable right to ready recap- shifting’’), so that it can enter into a ture at least 40 hours per channel per spectrum leasing arrangement involv- week for EBS educational usage. The ing full-time channel capacity on its licensee may agree to the transmission EBS station, associated EBS booster of this recapture time on channels not stations, and/or EBS response stations authorized to it, but which are in- and associated response station hubs, cluded in the wireless system of which subject to the condition that it provide it is a part. A licensee under this para- a total average of at least 20 hours per graph which enters into a spectrum licensed channel per week of EBS edu- leasing arrangement on any one of its cational usage. The use of channel

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mapping, channel loading, and/or chan- rangement to advance the EBS licens- nel shifting consistent with the Rules ee’s educational mission. shall not be considered adversely to the [69 FR 72034, Dec. 10, 2004, as amended at 71 EBS licensee in seeking a license re- FR 35190, June 19, 2006; 73 FR 26041, May 8, newal. In addition, an EBS entity re- 2008] ceiving interference protection will continue to receive such protection if § 27.1215 BRS grandfathered leases. it elects to swap channels with another (a) All leases of current BRS spec- EBS or BRS station. trum entered into prior to January 10, (c) All spectrum leasing arrange- 2005 and in compliance with rules for- ments involving EBS spectrum must merly contained in part 21 of this chap- afford the EBS licensee an opportunity ter may continue in force and effect, to purchase or to lease the dedicated or notwithstanding any inconsistency be- common EBS equipment used for edu- tween such leases and the rules appli- cational purposes, or comparable cable to spectrum leasing arrange- equipment in the event that the spec- ments set forth in this chapter. Such trum leasing arrangement is termi- leases entered into pursuant to the nated. former part 21 of this chapter may be (d) All leases of current EBS spec- renewed and assigned in accordance trum entered into prior to January 10, with the terms of such lease. All spec- 2005 and in compliance with leasing trum leasing arrangements leases entered into after January 10, 2005, pursu- rules formerly contained in part 74 of ant to the rules set forth in part 1 and this chapter may continue in force and part 27 of this chapter must comply effect, notwithstanding any inconsist- with the rules in those parts. ency between such leases and the rules applicable to spectrum leasing arrange- § 27.1216 Grandfathered E and F ments set forth in this chapter. Such group EBS licenses. leases entered into pursuant to the (a) Except as noted in paragraph (b) former part 74 rules of this chapter of this section, grandfathered EBS li- may be renewed and assigned in ac- censees authorized to operate E and F cordance with the terms of such lease. group co-channel licenses are granted a All spectrum leasing arrangements geographic service area (GSA) on July leases entered into after January 10, 19, 2006. The GSA is the area bounded 2005, pursuant to the rules set forth in by a circle having a 35 mile radius and part 1 and part 27 of this chapter, must centered at the station’s reference co- comply with the rules in those parts. ordinates, and is bounded by the (e) The maximum permissible term of chord(s) drawn between intersection an EBS spectrum leasing arrangement points of that circle and those of re- entered into on or after July 19, 2006 spective adjacent market, co-channel (including the initial term and all re- licensees. newal terms that commence automati- (b) If there is more than 50 percent cally or at the sole option of the lessee) overlap between the calculated GSA of shall be 30 years. In furtherance of the a grandfathered EBS license and the educational purposes for which EBS protected service area of a co-channel spectrum is primarily allocated, any BRS license, the licensees shall not be spectrum leasing arrangement in ex- immediately granted a geographic cess of 15 years that is entered into on service area. Instead, the grand- or after July 19, 2006 must include fathered EBS license and the co-chan- terms which provide the EBS licensee nel BRS licensee must negotiate in on the 15th year and every 5 years good faith to reach a solution that ac- thereafter, with an opportunity to re- commodates the communication needs view its educational use requirements of both licensees. If the co-channel li- in light of changes in educational censees reach a mutually agreeable so- needs, technology, and other relevant lution on or before October 17, 2006, factors and to obtain access to such ad- then the GSA of each co-channel li- ditional services, capacity, support, cense shall be as determined pursuant and/or equipment as the parties shall to the agreement of the parties. If a agree upon in the spectrum leasing ar- mutually agreeable solution between

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co-channel licensees is not reached on ning bid on any of the licenses in this or before October 17, 2006, then each co- subpart. channel licensee shall receive a GSA [73 FR 26041, May 8, 2008] determined pursuant to paragraph (a) of this section and § 27.1206(a). TECHNICAL STANDARDS [71 FR 35191, June 16, 2006] § 27.1220 Transmission standards. § 27.1217 Competitive bidding proce- The width of a channel in the LBS dures for the Broadband Radio and UBS is 5.5 MHz, with the exception Service. of BRS channels 1 and 2 which are 6.0 Mutually exclusive initial applica- MHz. The width of all channels in the tions for BRS licenses in the 2500–2690 MBS is 6 MHz. However, the licensee MHz band are subject to competitive may subchannelize its authorized band- bidding. The general competitive bid- width, provided that digital modula- ding procedures set forth in part 1, sub- tion is employed and the aggregate part Q of this chapter will apply unless power does not exceed the authorized otherwise provided in this subpart. power for the channel. The licensee may also, jointly with other licensees, [73 FR 26041, May 8, 2008] transmit utilizing bandwidth in excess of its authorized bandwidth, provided § 27.1218 Designated entities. that digital modulation is employed, (a) Eligibility for small business provi- all power spectral density require- sions. (1) A small business is an entity ments set forth in this part are met that, together with all attributed par- and the out-of-band emissions restric- ties, has average gross revenues that tions set forth in § 27.53 are met at the are not more than $40 million for the edges of the channels employed. preceding three years. (2) A very small business is an entity § 27.1221 Interference protection. that, together with all attributed par- (a) Interference protection will be af- ties, has average gross revenues that forded to BRS and EBS on a station- are not more than $15 million for the by-station basis based on the heights of preceding three years. the stations in the LBS and UBS and (3) An entrepreneur is an entity that, also on height benchmarking, although together with all attributed parties, the heights of antennas utilized are not has average gross revenues that are not restricted. more than $3 million for the preceding (b) Height benchmarking. Height three years. benchmarking is defined for pairs of (b) Bidding credits. (1) A winning bid- base stations, one in each of two proxi- der that qualifies as a small business, mate geographic service areas (GSAs). as defined in this section, or a consor- The height benchmark, which is de- tium of small businesses, may use a fined in meters (hbm) for a particular bidding credit of 15 percent, as speci- base station relative to a base station fied in § 1.2110(f)(2)(iii) of this chapter, in another GSA, is equal to the dis- to lower the cost of its winning bid on tance, in kilometers, from the base sta- any of the licenses in this subpart. tion along a radial to the nearest point (2) A winning bidder that qualifies as on the GSA boundary of the other base 2 a very small business, as defined in this station squared (Dkm ) and then divided 2 section, or a consortium of very small by 17. That is, hb (m) = Dkm /17. A base businesses, may use a bidding credit of station antenna will be considered to 25 percent, as specified in be within its applicable height bench- § 1.2110(f)(2)(ii) of this chapter, to lower mark relative to another base station the cost of its winning bid on any of if the height in meters of its centerline the licenses in this subpart. of radiation above average elevation (3) A winning bidder that qualifies as (HAAE) calculated along the straight an entrepreneur, as defined in this sec- line between the two base stations in tion, or a consortium of entrepreneurs, accordance with § 24.53(b) and (c) of this may use a bidding credit of 15 percent, chapter does not exceed the height as specified in § 1.2110(f)(2)(i) of this benchmark (hbm). A base station an- chapter, to lower the cost of its win- tenna will be considered to exceed its

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applicable height benchmark relative paragraph (c) of this section to limit to another base station if the HAAE of that antennas undesired signal level to its centerline of radiation calculated ¥107dBm/5.5 megahertz or less at the along the straight line between the two receiver of any co-channel base station. base stations in accordance with (e) No protection for a receiving-an- § 24.53(b) and (c) of this chapter exceeds tenna exceeding the height benchmark. the height benchmark (hbm). The licensee of a base station receive (c) Protection for receiving antennas antenna that exceeds its applicable not exceeding the height benchmark. Ab- height benchmark shall not be entitled sent agreement between the two licens- pursuant to paragraph (c) of this sec- ees to the contrary, if a transmitting tion to insist that any co-channel base antenna of one BRS/EBS licensee’s station limit its undesired signal level base station exceeds its applicable ¥ height benchmark and such licensee is to 107dBm/5.5 megahertz or less at notified by another BRS/EBS licensee the receiver. that it is generating an undesired sig- (f) Information exchange. A BRS/EBS nal level in excess of ¥107 dBm/5.5 licensee shall provide the geographic megahertz at the receiver of a co-chan- coordinates, the height above ground nel base station that is within its ap- level of the center of radiation for each plicable height benchmark, then the li- transmit and receive antenna, and the censee of the base station that exceeds date transmissions commenced for its applicable height benchmark shall each of the base stations in its GSA either limit the undesired signal at the within 30 days of receipt of a request receiver of the protected base station from a co-channel BRS/EBS licensee to ¥107dBm/5.5 megahertz or less or re- with an operational base station lo- duce the height of its transmission an- cated in a proximate GSA. Information tenna to no more than the height shared pursuant to this section shall benchmark. If the interfering base sta- not be disclosed to other parties except tion has been modified to increase the as required to ensure compliance with EIRP transmitted in the direction of this section. the protected base station, it shall be deemed to have commenced operations [69 FR 72034, Dec. 10, 2004, as amended at 70 on the date of such modification. Such FR 1190, Jan. 6, 2005; 71 FR 35191, June 19, corrective action shall be completed no 2006; 73 FR 26041, May 8, 2008] later than: (i) 24 hours after receiving such noti- § 27.1222 Operations in the 2568–2572 fication, if the base station that ex- and 2614–2618 bands. ceeds its height benchmark com- All operations in the 2568–2572 and menced operations after the station 2614–2618 MHz bands shall be secondary that is within its applicable height to adjacent-channel operations. Sta- benchmark; or tions operating in the 2568–2572 and (ii) 90 days after receiving such noti- 2614–2618 MHz must not cause inter- fication, if the base station that ex- ference to licensees in operation in the ceeds its height commenced operations LBS, MBS, and UBS and must accept prior to the station that is within its any interference from any station oper- applicable height benchmark. For pur- ating in the LBS, MBS, and UBS in poses of this section, if the interfering compliance with the rules established base station has been modified to in- in this subpart. Stations operating in crease the EIRP transmitted in the di- the 2568–2572 and 2614–2618 bands may rection of the victim base station, it cause interference to stations in oper- shall be deemed to have commenced ation in the LBS, MBS, and UBS if the operations on the date of such modification. affected licensees consent to such in- (d) No Protection from a transmitting terference. antenna not exceeding the height benchmark. The licensee of a base station transmitting antenna less than or equal to its applicable height benchmark shall not be required pursuant to

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POLICIES GOVERNING THE TRANSITION OF (b) Overlapping GSAs. When a Geo- THE 2500–2690 MHZ BAND FOR BRS AND graphic Service Area (GSA) overlaps EBS two or more BTAs: (1) The proponents of the adjacent § 27.1230 Conversion of the 2500–2690 BTAs may agree on how to transition a MHz band. GSA that overlaps their respective BRS and EBS licensees in the 2500– BTAs. 2690 MHz band on the pre-transition A- (2) If an agreement has not been I Channels will be transitioned from reached between or among the pro- the frequencies assigned to them under ponents of the adjacent BTAs: § 27.5(i)(1) to the frequencies assigned to (i) Each proponent must transition them under § 27.5(i)(2). The transition, all of the facilities associated with the which will be undertaken by one or GSA that are inside the GSA and inside more proponent(s), will occur in the the proponent’s BTA if all of the adja- following five phases: initiating the cent BTAs are transitioning; or (ii) The proponent of the BTA that is transition process (see § 27.1231), plan- transitioning must transition all of the ning the transition (see § 27.1232), reim- facilities associated with the GSA that bursing transition costs (see §§ 27.1233 are within the GSA but outside the and 27.1237–1239), terminating existing BTA, if the adjacent BTA is not operations in transitioned markets transitioning. that do not comport with § 27.5(i)(2) (c)(1) Proponent(s). The proponent or (see § 27.1234), and filing the post-tran- co-proponent must: sition notification (see § 27.1235). Li- (i) Be a BRS or EBS licensee or BRS censees may also self-transition (see or EBS lessee; § 27.1236). (ii) Send a Pre-Transition Data Re- [71 FR 35191, June 19, 2006] quest (see paragraph (d) of this section) and a Transition Notice (see paragraph § 27.1231 Initiating the transition. (e) of this section) to every BRS and EBS licensee in the BTA, using the (a) Transition areas. Unless paragraph contact information in the Commis- (b) of this section applies, the transi- sion’s Universal Licensing System; and tion will occur by Basic Trading Area (iii) Be first to file an Initiation Plan (BTA). BTAs are based on the Rand (see paragraph (f) of this section) with McNally 1992 Commercial Atlas & Mar- the Secretary of the Commission. keting Guide, 123rd Edition, at pages (2) Before filing an Initiation Plan, 38–39, that identifies 487 BTAs based on BRS or EBS licensees or BRS or EBS the 50 States; it also includes the fol- lessees may agree to be co-proponents. lowing additional BTA-like areas: After the Initiation Plan is filed the American Samoa; Guam; Northern proponent may accept a co-proponent Mariana Islands; Mayaguez/Aguadilla- at its sole discretion. Ponce, Puerto Rico; San Juan, Puerto (d) Pre-Transition Data Request. The Rico; and the United States Virgin Is- Pre-Transition Data Request must in- lands, for a total of 493 BTAs. The Ma- clude the potential proponent’s full yaguez/Aguadilla-Ponce BTA-like area name, postal mailing address, contact consists of the following municipios: person, e-mail address, and phone and Adjuntas, Aguada, Aguadilla, Anasco, fax numbers. Arroyo, Cabo Rojo, Coamo, Guanica, (1) BRS and EBS licensees that re- Guayama, Guayanilla, Hormigueros, ceive a Pre-Transition Data Request Isabela, Jayuya, Juana Diaz, Lajas, must provide the following information Las Marias, Maricao, Maunabo, Maya- to the potential proponent within 45 guez, Moca, Patillas, Penuelas, Ponce, days of receiving the Pre-Transition Quebradillas, Rincon, Sabana Grande, Data Request: Salinas, San German, Santa Isabel, (i) The BRS or EBS licensee’s full Villalba, and Yauco. The San Juan name, postal mailing address, contact BTA-like area consists of all other person, e-mail address, and phone and municipios in Puerto Rico. The BTA fax number. associated with the Gulf of Mexico will (ii) The location (by street address not be transitioned. and by geographic coordinates) of

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every constructed EBS receive site (2) BRS and EBS licensees that do that, as of the date of receipt of the not respond to the Pre-Transition Data Pre-Transition Data Request, is enti- Request within 45 days of its receipt tled to a replacement downconverter may not object to the Transition Plan. (see § 27.1233(a)). The response must: (e) The Transition Notice. The poten- (A) Specify whether the tial proponent(s) must send a Transi- downconverting antenna is mounted on tion Notice to all BRS and EBS licens- a structure attached to the building or ees in the BTA(s) being transitioned. on a free-standing structure; The potential proponent(s) must in- (B) Specify the approximate height clude the following information in the above ground level of the Transition Notice: downconverting antenna; and (1) The potential proponent(s)’s full (C) Specify, if known, the adjacent name; postal mailing address, contact channel D/U ratio that can be tolerated person, e-mail address, and phone and by any receiver(s) at the receive site. fax numbers; (iii) The location (street address and (2) The identification of the BRS and geographic coordinates) of the main EBS licensees that will be transitioned; station or booster serving each EBS re- (3) Copies of the most recent response ceive site entitled to protection, in- to the Pre-Transition Data Request for cluding: each participant in the process; and (A) The make and model of the an- (4) A certification that the potential tenna for that main station or booster, proponent(s) has the funds available to along with the radiation pattern if it is pay the reasonably expected costs of not included within the Commission’s the transition based on the informa- database; tion in the Pre-Transition Data Re- (B) The ground elevation, above quest. mean sea level (AMSL), of the building (f) Initiation Plan. To initiate a tran- or antenna supporting structure on sition, a potential proponent(s) must which the main station or booster submit an Initiation Plan to the Com- transmission antenna is installed; mission at the Office of the Secretary (C) The height above ground level in Washington, DC on or before Janu- (AGL) of the center of radiation of the ary 21, 2009. transmission antenna; (1) An Initiation Plan must contain (D) The orientation of the main lobe the following information: of the transmission antenna; (i) A list of the BTA(s) that the pro- (E) Any mechanical beamtilt or elec- ponent(s) is transitioning; trical beamtilt not reflected in the ra- (ii) A list by call sign of all of the diation pattern provided or included BRS and EBS licensees in the BTA(s) within the Commission’s database; that are being transitioned; (F) The bandwidth of each channel or (iii) A ‘‘best estimate’’ of when the subchannel, the emission type for each transition will be completed; channel or subchannel, and the EIRP (iv) A statement indicating that an measured in the main lobe for each agreement has been concluded with the channel or subchannel; and proponent(s) of the adjoining or adja- (G) The make and model of the recent BTA(s) when a licensee or licens- ceive antenna installed at that site, ees in an adjacent or adjoining BTA along with the radiation pattern if it is must be transitioned to avoid inter- not included within the Commission’s ference to licensees in the BTA being database. transitioned, or in lieu of an agree- (iv) The number and identification of ment, the proponent(s) may provide an EBS video programming or data trans- alternative means of transitioning the mission tracks the EBS licensee is en- licensees in an adjacent or adjoining titled to receive in the MBS and wheth- BTA; er the EBS licensee will accept fewer (v) A statement indicating that an tracks in the MBS (see § 27.1233(b)). agreement has been concluded with an- (v) Whether it will seek or has sought other proponent(s) on how a BTA will a waiver from the Commission as a be transitioned when there are two or Multichannel Video Programming Dis- more proponents seeking to transition tributor (MVPD). the same BTA and they agree to be co-

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proponents before the Initiation Plan of the licensee’s operation prior to is filed, and a statement that identifies transition (see § 27.1233(b)); the specific portion of the BTA each (v) Identify the technical configura- proponent will be responsible for tion of the MBS facilities; transitioning; and (vi) Identify the approximate time (vi) A certification that the pro- line for effectuating the transition, ponent or joint proponents have the which, unless dispute resolution proce- funds available to pay the reasonable dures are used, may not exceed 18 expected costs of the transition based months from the conclusion of the on the information contained in the Transition Planning Period; Pre-Transition Data Request (see para- (vii) Provide for the establishment of graph (d) of this section). an escrow or other appropriate mecha- (2) A proponent, at its own discre- nism for ensuring completion of the tion, may withdraw from transitioning transition in accordance with the a BTA by notifying the Commission Transition Plan. and all affected BRS and EBS licensees (2) The Transition Plan may provide in the BTA that it is withdrawing the for interruptions of EBS transmissions, Initiation Plan. so long as those interruptions are lim- (3) A proponent may amend an Initi- ited to a period of less than seven days ation Plan after it has been filed with at any reception site. The proponent(s) the Commission to correct minor or in- must coordinate with each EBS li- advertent errors. censee to minimize the extent of any (g) MVPD waiver requests. MVPD li- disruption. censees that seek to opt-out of the (3) The Transition Plan may provide transition must seek a waiver within 60 for the shifting of an EBS licensee’s days after the proponent files the Initi- program to alternative channels. Such ation Plan or on or before April 30, shifting may not be considered an 2007, whichever occurs first. interruption, if the EBS licensee’s re- [71 FR 35191, June 19, 2006, as amended at 73 ceive sites are equipped to receive and FR 26041, May 8, 2008] internally distribute the channel to which the programming is shifted. § 27.1232 Planning the transition. (4) The Transition Plan may provide (a) The Transition Planning Period. for the installation of an appropriate The Transition Planning Period is a 90- filter on an MBS transmitter if the day period that commences on the day proponent(s) determines that the in- after the proponent(s) files the Initi- stallation of a filter will mitigate ination Plan with the Commission. terference from transmissions in the (b) The Transition plan. The pro- MBS to operations outside the MBS. ponent(s) must provide to each BRS (c) Counterproposals. No later than 10 and EBS licensee within a BTA, a days before the conclusion of the Tran- Transition Plan no later than 30 days sition Planning Period, affected BRS prior to the conclusion of the Transi- and EBS licensees may submit a coun- tion Planning Period. terproposal to the proponent(s) if they (1) The Transition Plan must: believe that the Transition Plan is un- (i) Identify the call signs of the sta- reasonable. The proponent(s) may: tions that are transitioning; (1) Accept the counterproposal, mod- (ii) Identify the specific channels ify the Transition Plan accordingly, that each licensee will receive fol- and send the modified Transition Plan lowing the transition; to all EBS and BRS licensees in the (iii) Identify the receive sites at BTA; which replacement downconverters (2) Invoke dispute resolution proce- will be installed (see § 27.1233(a)); dures for a determination of whether (iv) Identify the video programming the Transition Plan is reasonable and and data transmission tracks that will take no action until a determination of be migrated to the MBS and provide for reasonableness is made; or the MBS channels to be authorized to (3) Invoke dispute resolution proce- operate with transmission parameters dures for a determination of whether that are substantially similar to those the Transition Plan is reasonable, but

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may implement the transition imme- be licensed with the same technical pa- diately. rameters as the pre-transition channel (d) Safe harbors. An offer by a pro- C1. However, if the pre-transition A ponent(s) shall be reasonable if it Group channels are licensed to operate meets one of the following safe har- with technical parameters materially bors: different from those of pre-transition (1) Safe harbor No. 1. This safe harbor channel C1, the proponent(s) may: applies when the default high-power (i) Arrange a channel swap with the channel assigned to each channel group licensee of the C Group so that the A is authorized to operate after the tran- Group licensee will receive high-power sition with the same transmission pa- channel C4 (which will automatically rameters (coordinates, antenna pat- be licensed with the same transmission tern, height of center radiation, EIRP) parameters as the pre-transition chan- as the downstream facilities before the nel C1) in exchange for channel A4. transition. If the proponent(s) does not (ii) Arrange for high-power channel propose a change in the geographic co- A4 to operate with transmission pa- ordinates of the facilities (other than rameters substantially similar to those as necessary to conform the actual lo- of the pre-transition channel C1 (see cation with the Commission’s Antenna paragraph (d)(1) of this section). Survey Branch database), the pro- (3) Safe harbor No. 3. This safe harbor ponent may also propose the following applies when a four-channel group is to the extent consistent with this sub- shared among multiple licensees in a part: given geographic area. Absent an (i) An increase in the height of the agreement otherwise, a proponent may: center of radiation of the transmission (i) Secure a 6 MHz MBS channel for antenna or a decrease in such height of each licensee in exchange for the non- no more than 8 meters (provided that MBS channels assigned to the group. such change does not result in an in- Following the channel swap(s) nec- crease in antenna support structure essary to secure those additional MBS lease costs to the EBS licensee and the channels, the Transition Plan can pro- consent of the owner of the antenna vide for the licensing of the remaining support structure is obtained). channels in the LBS, UBS, and Guard (ii) A change in the EIRP of the Bands on a pro rata basis (with chan- transmission system of up to 1.5 dB in nel(s) in each segment being any direction. disaggregated when and if necessary to (iii) Digitization, precision frequency provide each with its pro rata share of offset, or other upgrades to the EBS the spectrum in each segment); transmission or reception systems that (ii) Provide for pro rata segmentation allow the proponent(s) to invoke more of the default MBS channel for the advantageous interference protection group, provided that the proponent requirements applicable to upgraded commits to provide each of the licens- systems. ees with the technology necessary for (2) Safe harbor No. 2. This safe harbor its EBS video programming or data applies when an EBS licensee has chan- transmissions to be digitized, trans- nel-shifted its single video program- mitted and received utilizing the pro- ming or data transmission track to vided bandwidth. The non-MBS chan- spectrum licensed to another licensee. nels would be divided among the shar- Under § 27.5(i)(2), that track must be on ing licensees on a pro rata basis (with the high-power channel licensed to the channel(s) in each segment being EBS licensee upon completion of the disaggregated when and if necessary to transition. For example, before the provide each with its pro rata share of transition, an A Group licensee might the spectrum in each segment); or have shifted its EBS video program- (iii) Assign the default MBS channel ming to channel C1. If one of the pre- assigned to the channel group to one of transition A Group channels is licensed the licensees, if that licensee is the with technical parameters substan- only one that elects to migrate video tially similar to those of pre-transition programming or data transmission channel C1, the Transition Plan may tracks to the MBS. The remaining provide for high-power channel A4 to spectrum assigned to the group may be

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allocated among the licensees on a pro § 27.1233 Reimbursement costs of rata basis, with the 6 MHz in the MBS transitioning. counting against that licensee’s por- (a) Replacement downconverters. The tion. To the extent necessary, the non- proponent(s) must install at every eli- MBS spectrum can be disaggregated gible EBS receive site a downconverter when and if necessary to provide each designed to minimize the reception of with its pro rata share of the spectrum signals from outside the MBS. in each segment. If the proponent (1) An EBS receive site is eligible to chooses to effectuate a channel swap to be replaced if: provide more than one channel in the (i) A reception system was installed MBS, the remaining channels assigned at that site on or before the date the to the group (after considering that EBS licensee receives its Pre-Transi- one or more LBS/UBS channels and as- tion Data Request (see § 27.1231(d)); sociated Transition Band channels will (ii) The reception system was in- have been swapped away to provide the stalled by or at the direction of the additional MBS channel) can be allo- EBS licensee; (iii) The reception system receives cated among the licensees on a pro rata EBS programming under § 27.1203(b) basis (with channel(s) in each segment and (c) or is located at a cable tele- being disaggregated when and if nec- vision system headend and the cable essary to provide each with its pro rata system relays educational or instruc- share of the spectrum in each seg- tional programming for an EBS li- ment). censee; and (4) Safe harbor No. 4. This safe harbor (iv) It is within the licensee’s 35-mile applies when an EBS licensee uses one radius GSA. or more of its channels for studio-to- (2) Replacement downconverters transmitter links. The proponent may must meet the following minimum provide for one of the following op- technical requirements: tions: (i) The downconverter’s input fre- (i) The use of the LBS and/or UBS quency range (the ‘‘in-band fre- band for the point-to-point trans- quencies’’) must be 2572 MHz to 2614 mission of the EBS video or data MHz and output frequency range must (through superchannelization of the li- be 294 MHz to 336 MHz; censee’s contiguous LBS or UBS chan- (ii) The downconversion process must nels), provided the proponent commits not invert frequencies; (iii) The nominal gain of the to retune the existing point-to-point downconverter must be 32 dB, or great- equipment to operate on those chan- er; nels or to replace the existing equip- (iv) The downconverter must include ment with new equipment tuned to op- filtering prior to the first amplifier erate on those channels and the pro- that attenuates frequencies below 2500 posal complies with the LBS/UBS tech- MHz and above 2705 MHz by at least 25 nical and interference protection rules; dB; (ii) The migration of the EBS pro- (v) The downconverter must have an gramming to the MBS by retuning the out-of-band input 3rd order intercept existing point-to-point equipment to point (input IP3) of at least + 9 dBm, operate in the MBS or replacing it with where out-of-band is defined as all fre- equipment tuned to operate in the quencies below 2566 MHz and all fre- MBS; or quencies above 2620 MHz; (iii) The replacement of the point-to- (vi) The downconverter must have a point link with point-to-point equip- typical noise figure of no greater than ment licensed to the EBS licensee in 3.5 dB and a worst case noise figure of alternative spectrum, so long as the re- no greater than 4.5 dB across all in- placement facilities meet the defini- band frequencies and across its entire intended operating temperature range; tion of ‘‘comparable facilities’’ set out (vii) The downconverter must not in- in § 101.75(b) of this chapter. troduce a delta group delay of more [69 FR 72034, Dec. 10, 2004, as amended at 71 than 20 nanoseconds for digital oper- FR 35192, June 19, 2006] ations or 100 nanoseconds for analog

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operations over any individual six (ii) Adjacent Channel D/U Ratio. The megahertz MBS channel. actual adjacent channel D/U must (b) Migration of Video Programming equal or exceed the lesser of 0 dB or the and Data Transmission Track. (1) The actual pre-transmission D/U ratio. proponent(s) must provide, at its cost, However, in the event that the receive to each EBS licensee that intends to site uses receivers or is upgraded by continue downstream high-power, high- the proponent(s) as part of the Transi- site educational video programming or tion Plan to use receivers that can tol- data transmission services, with one erate negative adjacent channel D/U programming track on the MBS chan- ratios, the actual adjacent channel D/U nels for each EBS video or data trans- ratio at such receive site must equal or mission track the licensee is transmit- exceed ¥10 dB. Provided that the re- ting on a simultaneous basis before the ceive site receiver is not upgraded and transition. cannot tolerate ¥10 dB, the adjacent (i) To be eligible for migration, a pro- channel D/U ratio would be 0dB. gram track must contain EBS pro- [69 FR 72034, Dec. 10, 2004, as amended at 71 gramming that complies with § 27.1203 FR 35193, June 19, 2006] (b) and (c). (ii) The proponent(s) must pay only § 27.1234 Terminating existing oper- the costs of migrating programming ations in transitioned markets. tracks being transmitted on December Licensees may discontinue oper- 31, 2002 or within six months prior ations during the transition. thereto. (2) The proponent(s) must migrate § 27.1235 Post-transition notification. each eligible programming track to The proponent(s) must certify to the spectrum in the MBS that will be li- Commission at the Office of the Sec- censed to the affected licensee at the retary, Washington, DC, that the Tran- conclusion of the transition. sition Plan has been fully imple- (3) After the transition, the desired- mented. to-undesired signal level ratio at each (a) The notification must provide the of the receive sites securing a replace- identification of the licensees that ment downconverter must satisfy the have transitioned to the band plan in following criteria: § 27.5(i)(2) and the specific frequencies (i) Cochannel D/U Ratio. (A) When the on which each licensee is operating. post-transition desired signal is trans- (b) For each station in the MBS, the mitted using analog modulation, the notification must provide the following actual cochannel D/U ratio measured information: at the output of the reception antenna must be at least the lesser of 45 dB or (1) The station coordinates, the actual pre-transmission D/U ratio (2) The make and model of each an- less 1.5 dB. tenna, (B) When the post-transition desired (3) The horizontal and vertical pat- signal will be transmitted using digital tern of the antenna; modulation, the actual cochannel D/U (4) EIRP of the main lobe; ratio measured at the output of the re- (5) Orientation; ception antenna must be at least the (6) Height of antenna center of radi- lesser of 32 dB or the pre-transition D/ ation; U ratio less 1.5 dB. (7) Transmitter output power; (C) Where in implementing the Tran- (8) All line and combiner losses. sition Plan, the proponent(s) deploys (c) The proponent(s) must provide precise frequency offset in an analog copies of the post-transition notice to system, the minimum cochannel D/U all parties of the transition. ratio is reduced to 38 dB, provided that (d) A BRS or EBS licensee must file the transmitters have or are upgraded any objection to the post-transition pursuant to the Transition Plan to notification within 30 days from the have the appropriate ‘‘plus,’’ ‘‘zero,’’ or date the post-transition notification is ‘‘minus’’ 10,010 Hertz precision fre- placed on Public Notice. quency offset with a ±3 Hertz (or bet- [69 FR 72034, Dec. 10, 2004, as amended at 71 ter) stability. FR 35193, June 19, 2006]

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§ 27.1236 Self-transitions. (2) The location (street address and (a) If an Initiation Plan is not filed geographic coordinates) of the main on or before January 21, 2009 for a BTA, station or booster serving each EBS re- BRS and EBS licensees in that BTA ceive site entitled to protection, in- may self-transition by relocating to cluding: (i) The make and model of the an- their default channel locations speci- tenna for that main station or booster, fied in § 27.5(i)(2) and complying with along with the radiation pattern if it is §§ 27.50(h), 27.53, 27.55 and 27.1221. (b) To self-transition, a BRS or EBS not included within the Commission’s licensee must: database; (1) Notify the Secretary of the Com- (ii) The ground elevation, above mission on or before April 21, 2009 that mean sea level (AMSL), of the building it will self-transition (see paragraph (a) or antenna supporting structure on of this section); which the main station or booster (2) Send a Self-Transition Notifica- transmission antenna is installed; tion (see paragraph (c) of this section) (iii) The height above ground level to other BRS and EBS licensees in the (AGL) of the center of radiation of the BTA where the self-transitioning li- transmission antenna; censee’s GSA geographic center point (iv) The orientation of the main lobe is located that it is self-transitioning; of the transmission antenna; (3) Notify other licensees whose GSAs (v) Any mechanical beamtilt or elec- overlap with the self-transitioning li- trical beamtilt not reflected in the ra- censee that it is self-transitioning. diation pattern provided or included (4) Address interference concerns within the Commission’s database; with other BRS and EBS licensees in (vi) The bandwidth of each channel or the BTA that are also self- subchannel, the emission type for each transitioning; channel or subchannel, and the EIRP (5) File a modification application measured in the main lobe for each with the Commission, and channel or subchannel; and (6) Complete the self-transition on or (vii) The make and model of the re- before October 20, 2010. ceive antenna installed at that site, (c) Self-Transition Notification. The along with the radiation pattern if it is Self-Transition Notification must in- not included within the Commission’s clude the EBS licensee’s full name, database. postal mailing address, contact person, (3) The number and identification of e-mail address, and phone and fax num- EBS video programming or data trans- bers. A self-transitioning EBS licensee mission tracks the EBS licensee is en- must provide the following information titled to receive in the MBS (see to all BRS and EBS licensees located in § 27.1233(b)). the BTA where the self-transitioning [71 FR 35193, June 19, 2006, as amended at 73 licensees GSA geographic center point FR 26042, May 8, 2008] is located: (1) The location (by street address § 27.1237 Pro rata allocation of transi- and by geographic coordinates) of tion costs. every constructed EBS receive site (a) Self-transitions. EBS licensees that that, as of the date the Self-Transition self-transition may seek reimburse- Notification is sent, is entitled to a re- ment for their costs to replace eligible placement downconverter (see downconverters (see § 27.1233(a)) and to § 27.1233(a)). The response must: migrate video programming and data (i) Specify whether the transmission tracks (see § 27.1233(b)) downconverting antenna is mounted on from BRS licensees and lessees, EBS a structure attached to the building or lessees, and commercial EBS licensees on a free-standing structure; in the BTA where the center point of (ii) Specify the approximate height the EBS licensee’s GSA is located. In above ground level of the addition, BRS licensees and lessees, downconverting antenna; and EBS lessees, and commercial EBS li- (iii) Specify, if known, the adjacent censees in the LBS or UBS must reim- channel D/U ratio that can be tolerated burse the self-transitioning EBS li- by any receiver(s) at the receive site. censee a pro rata share of the eligible

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costs of transitioning EBS licensees, (iv) Market Analysis (MHz per POP based on the formula in paragraph (c) Study); of this section. Eligible costs are listed (v) RF study (interference analysis); in § 27.1238. and (b) Proponent-driven transitions. BRS (vi) Transition Plan creation and licensees and lessees, entities that support; lease EBS spectrum for a commercial (2) Project management (may be purpose, and commercial EBS licensees sourced external); must pay their own transition costs. In (3) Filing fees; addition, except for MVPD operators (4) Legal fees; that opt-out of the transition, BRS li- (5) Site acquisition fees-contractor; censees and lessees, EBS lessees, and and commercial EBS licensees in the LBS (6) Arbitrator fee; or UBS must reimburse the proponent (c) Transmission facility—analog con- a pro rata share of the eligible costs of version costs: transitioning EBS licensees, based on (1) Transmitter upgrading or re- the formula in paragraph (c) of this tuning; section. Eligible costs are listed in (2) Combiner re-tuning or new; § 27.1238. (3) Power divider/circulator adjacent (c) Formula. The pro rata share shall channel combiner hardware; be based on the following formula: (4) STL/fiber relocation; (5) Miscellaneous material costs (including cabling and connectors); LLP× (6) Contract labor: R = (i) Tower; TTP× (ii) Building modifications; (iii) Electrical/HVAC; and (1) R equals the pro rata share; (iv) Mechanical (2) L equals the amount of spectrum (7) Engineering: used by a BRS licensee or lessee or (i) Structural; and commercial EBS licensee or lessee to (ii) Pathway Interference Analysis. provide a commercial service, either (8) Equipment disposal/shipping directly or through a lease agreement (9) Program Management (third with an EBS or BRS licensee; party or internal costs to manage the (3) T equals the total amount of spec- BTA conversion); and trum licensed or leased for commercial (10) Travel and Per Diem Cost. purposes in the BTA; (d) Transmission facility-digital conver- (4) LP equals the population of the sion costs: geographic service area or BTA served (1) New transmitter or retuning; by the BRS licensee or lessee or com- (2) Digital compression equipment- mercial EBS licensee or lessee based on TX site (including encoders, controller, the data in the 2000 United States Cen- and software); sus; and (3) Combiners-new or retune; (5) TP equals the population of the (4) Power divider/circulator adjacent BTA based on the data in the 2000 channel combiner hardware; United States Census. (5) Cabinets, cabling, feedline and connectors; [71 FR 35193, June 19, 2006] (6) STL—fiber digital upgrade; (7) Installation cost due to adding ad- § 27.1238 Eligible costs. ditional broadcast antenna (4 or more (a) The costs listed in paragraphs (b) digital channels required); through (f) of this section are eligible (8) Contract labor: costs. (i) Tower; (b) Pre-transition costs: (ii) Building modifications; (1) Engineering/Consulting (iii) Electrical/HVAC; and (i) Evaluation of equipment; (iv) Mechanical. (ii) RX site identification; (9) Proof of performance testing (may (iii) EBS Programming plan covering be contracted); the BTA; (10) Engineering:

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(i) Structural; and all parties to the assignment, transfer, (ii) Path engineering analysis. disaggregation, or partition are jointly (11) Equipment disposal/shipping; and severally liable for paying the re- (12) Training; imbursement obligation until that ob- (13) Program management (third ligation is paid. party or internal costs to manage BTA conversion); [71 FR 35193, June 19, 2006] (14) Travel and per diem costs. (e) Qualified receive-sites only-modifica- RELOCATION PROCEDURES FOR THE 2150– tions (analog and digital): 2160/62 MHZ BAND (1) Digital set top boxes; (2) Downconverters (with filtering)/ SOURCE: Sections 27.1250 through 27.1255 ap- antennas (replacement pear at 71 FR 29840, May 24, 2006, unless oth- downconverters); erwise noted. (3) Contract labor: (i) Antenna change/DC install (an- § 27.1250 Transition of the 2150–2160/ tenna change may be necessary); and 62 MHz band from the Broadband Radio Service to the Advanced (ii) Electrical; and mechanical Wireless Service. (4) Project management (third party or internal costs to manage the BTA The 2150–2160/62 MHz band has been conversion); allocated for use by the Advanced (5) Proof of performance testing (may Wireless Service (AWS). The rules in be contracted); this section provide for a transition pe- (6) Mini headend (cost effective dis- riod during which AWS licensees may tribution method): relocate existing Broadband Radio (i) Modulators, combiners; Service (BRS) licensees using these fre- (ii) Equipment racks; and quencies to their assigned frequencies (iii) Amplifiers in the 2496–2690 MHz band or other (7) Cable, connectors; and media. (8) Training. (a) AWS licensees and BRS licensees (f) Miscellaneous transition fees. (1) shall engage in mandatory negotia- Filing fees; tions for the purpose of agreeing to (2) Arbitrator fee; and terms under which the BRS licensees (3) Legal fees. would: [71 FR 35193, June 19, 2006] (1) Relocate their operations to other frequency bands or other media; or al- § 27.1239 Reimbursement obligation. ternatively (a) A proponent may request reim- (2) Accept a sharing arrangement bursement from BRS licensees and les- with the AWS licensee that may result sees, EBS lessees, and commercial EBS in an otherwise impermissible level of licensees in a BTA after the Transition interference to the BRS operations. Notification has been filed with the (b) If no agreement is reached during Secretary of the Commission and the the mandatory negotiation period, an proponent has accumulated the documentation to substantiate the full and AWS licensee may initiate involuntary accurate cost of the transition. A self- relocation procedures. Under involun- transitioning licensee may request retary relocation, the incumbent is reimbursement from BRS licensees and quired to relocate, provided that the lessees, EBS lessees, and commercial AWS licensee meets the conditions of EBS licensees in a BTA where its GSA § 27.1252. geographic center point is located after (c) Relocation of BRS licensees by it has completed the self-transition and AWS licensees will be subject to a has filed a modification application three-year mandatory negotiation pe- with the Commission and has accumu- riod. BRS licensees may suspend the lated the documentation to substan- running of the three-year negotiation tiate the full and accurate cost of the period for up to one year if the BRS li- transition. censee cannot be relocated to com- (b) If a license is assigned, trans- parable facilities at the time the AWS ferred, partitioned, or disaggregated, licensee seeks entry into the band.

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§ 27.1251 Mandatory negotiations. ducted with the goal of providing the (a) Once mandatory negotiations BRS licensee with comparable facili- have begun, a BRS licensee may not ties, defined as facilities possessing the refuse to negotiate and all parties are following characteristics: required to negotiate in good faith. (1) Throughput. Communications Good faith requires each party to pro- throughput is the amount of informa- vide information to the other that is tion transferred within a system in a reasonably necessary to facilitate the given amount of time. System is de- relocation process. The BRS licensee is fined as a base station and all end user required to cooperate with an AWS li- units served by that base station. If censee’s request to provide access to analog facilities are being replaced the facilities to be relocated, other with analog, comparable facilities may than the BRS customer location, so provide a comparable number of chan- that an independent third party can ex- nels. If digital facilities are being re- amine the BRS system and prepare an placed with digital, comparable facili- appraisal of the costs to relocate the ties provide equivalent data loading incumbent. In evaluating claims that a bits per second (bps). party has not negotiated in good faith, (2) Reliability. System reliability is the FCC will consider, inter alia, the the degree to which information is following factors: transferred accurately within a sys- (1) Whether the AWS licensee has tem. Comparable facilities provide reli- made a bona fide offer to relocate the ability equal to the overall reliability BRS licensee to comparable facilities of the BRS system. For digital sys- in accordance with § 27.1252(b); tems, reliability is measured by the (2) If the BRS licensee has demanded percent of time the bit error rate a premium, the type of premium re- (BER) exceeds a desired value, and for quested (e.g., whether the premium is analog or digital video transmission, it directly related to relocation, such as is measured by whether the end-to-end analog-to-digital conversions, versus transmission delay is within the re- other types of premiums), and whether quired delay bound. If an analog sys- the value of the premium as compared tem is replaced with a digital system, to the cost of providing comparable fa- only the resulting frequency response, cilities is disproportionate (i.e., wheth- harmonic distortion, signal-to-noise er there is a lack of proportion or rela- ratio and its reliability will be consid- tion between the two); ered in determining comparable reli- (3) What steps the parties have taken ability. to determine the actual cost of reloca- (3) Operating Costs. Operating costs tion to comparable facilities; are the cost to operate and maintain (4) Whether either party has withheld the BRS system. AWS licensees would information requested by the other compensate BRS licensees for any in- party that is necessary to estimate re- creased recurring costs associated with location costs or to facilitate the relo- the replacement facilities (e.g., addi- cation process. tional rental payments, and increased (b) Any party alleging a violation of utility fees) for five years after reloca- our good faith requirement must at- tion. AWS licensees could satisfy this tach an independent estimate of the re- obligation by making a lump-sum pay- location costs in question to any document based on present value using cur- mentation filed with the Commission rent interest rates. Additionally, the in support of its claim. An independent maintenance costs to the BRS licensee cost estimate must include a specifica- would be equivalent to the replaced tion for the comparable facility and a system in order for the replacement statement of the costs associated with system to be comparable. providing that facility to the incum- (d) AWS licensees are responsible for bent licensee. the relocation costs of end user units (c) Mandatory negotiations will com- served by the BRS base station that is mence for each BRS licensee when the being relocated. If a lessee is operating AWS licensee informs the BRS licensee under a BRS license, the BRS licensee in writing of its desire to negotiate. may rely on the throughput, reli- Mandatory negotiations will be con- ability, and operating costs of facilities

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in use by a lessee in negotiating com- units served by that base station. If parable facilities and may include the analog facilities are being replaced lessee in negotiations. with analog, the AWS licensee is required to provide the BRS licensee § 27.1252 Involuntary relocation proce- with a comparable number of channels. dures. If digital facilities are being replaced (a) If no agreement is reached during with digital, the AWS licensee must the mandatory negotiation period, an provide the BRS licensee with equiva- AWS licensee may initiate involuntary lent data loading bits per second (bps). relocation procedures under the Com- AWS licensees must provide BRS li- mission’s rules. AWS licensees are obli- censees with enough throughput to sat- gated to pay to relocate BRS systems isfy the BRS licensee’s system use at to which the AWS system poses an in- the time of relocation, not match the terference problem. Under involuntary total capacity of the BRS system. relocation, the BRS licensee is re- (2) Reliability. System reliability is quired to relocate, provided that the the degree to which information is AWS licensee: transferred accurately within a sys- (1) Guarantees payment of relocation tem. AWS licensees must provide BRS costs, including all engineering, equip- licensees with reliability equal to the ment, site and FCC fees, as well as any overall reliability of their system. For legitimate and prudent transaction ex- digital data systems, reliability is penses incurred by the BRS licensee measured by the percent of time the that are directly attributable to an in- bit error rate (BER) exceeds a desired voluntary relocation, subject to a cap value, and for analog or digital video of two percent of the ‘‘hard’’ costs in- transmissions, it is measured by volved. Hard costs are defined as the whether the end-to-end transmission actual costs associated with providing delay is within the required delay a replacement system, such as equip- bound. ment and engineering expenses. There (3) Operating costs. Operating costs is no cap on the actual costs of reloca- are the cost to operate and maintain tion. AWS licensees are not required to the BRS system. AWS licensees must pay BRS licensees for internal resources devoted to the relocation proc- compensate BRS licensees for any in- ess. AWS licensees are not required to creased recurring costs associated with pay for transaction costs incurred by the replacement facilities (e.g., addi- BRS licensees during the mandatory tional rental payments, increased util- period once the involuntary period is ity fees) for five years after relocation. initiated, or for fees that cannot be le- AWS licensees may satisfy this obliga- gitimately tied to the provision of tion by making a lump-sum payment comparable facilities; and based on present value using current (2) Completes all activities necessary interest rates. Additionally, the main- for implementing the replacement fa- tenance costs to the BRS licensee must cilities, including engineering and cost be equivalent to the replaced system in analysis of the relocation procedure order for the replacement system to be and, if radio facilities are used, identi- considered comparable. fying and obtaining, on the incum- (c) AWS licensees are responsible for bents’ behalf, new microwave fre- the relocation costs of end user units quencies and frequency coordination. served by the BRS base station that is (b) Comparable facilities. The replace- being relocated. If a lessee is operating ment system provided to an incumbent under a BRS license, the AWS licensee during an involuntary relocation must shall on the throughput, reliability, be at least equivalent to the existing and operating costs of facilities in use BRS system with respect to the fol- by a lessee at the time of relocation in lowing three factors: determining comparable facilities for (1) Throughput. Communications involuntary relocation purposes. throughput is the amount of informa- (d) Twelve-month trial period. If, with- tion transferred within a system in a in one year after the relocation to new given amount of time. System is de- facilities, the BRS licensee dem- fined as a base station and all end user onstrates that the new facilities are

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not comparable to the former facili- § 27.1254 Eligibility. ties, the AWS licensee must remedy (a) BRS licensees with primary sta- the defects or pay to relocate the BRS tus in the 2150–2162 MHz band as of licensee to one of the following: Its June 23, 2006, will be eligible for reloca- former or equivalent 2 GHz channels, tion insofar as they have facilities that another comparable frequency band, a are constructed and in use as of this land-line system, or any other facility date. that satisfies the requirements speci- (b) Future licensing and modifications. fied in paragraph (b) of this section. After June 23, 2006, all major modifica- This trial period commences on the tions to existing BRS systems in use in date that the BRS licensee begins full the 2150–2160/62 MHz band will be au- operation of the replacement system. If thorized on a secondary basis to AWS the BRS licensee has retained its 2 GHz systems, unless the incumbent affirma- authorization during the trial period, tively justifies primary status and the it must return the license to the Com- incumbent BRS licensee establishes mission at the end of the twelve that the modification would not add to months. the relocation costs of AWS licensees. Major modifications include the fol- § 27.1253 Sunset provisions. lowing: (a) BRS licensees will maintain pri- (1) Additions of new transmit sites or mary status in the 2150–2160/62 MHz base stations made after June 23, 2006; band unless and until an AWS licensee (2) Changes to existing facilities requires use of the spectrum. AWS li- made after June 23, 2006, that would in- censees are not required to pay reloca- crease the size or coverage of the serv- tion costs after the relocation rules ice area, or interference potential, and sunset (i.e. fifteen years from the date that would also increase the through- the first AWS license is issued in the put of an existing system (e.g., sector band). Once the relocation rules sunset, splits in the antenna system). Modi- an AWS licensee may require the in- fications to fully utilize the existing cumbent to cease operations, provided throughput of existing facilities (e.g., that the AWS licensee intends to turn to add customers) will not be consid- on a system within interference range ered major modifications even if such of the incumbent, as determined by changes increase the size or coverage of § 27.1255. AWS licensee notification to the service area, or interference poten- the affected BRS licensee must be in tial. writing and must provide the incumbent with no less than six months to § 27.1255 Relocation criteria for vacate the spectrum. After the six- Broadband Radio Service licensees month notice period has expired, the in the 2150–2160/62 MHz band. BRS licensee must turn its license (a) An AWS licensee in the 2150–2160/ back into the Commission, unless the 62 MHz band, prior to initiating oper- parties have entered into an agreement ations from any base or fixed station which allows the BRS licensee to con- that is co-channel to the 2150–2160/62 tinue to operate on a mutually agreed MHz band, must relocate any incum- upon basis. bent BRS system that is within the (b) If the parties cannot agree on a line of sight of the AWS licensee’s base schedule or an alternative arrange- or fixed station. For purposes of this ment, requests for extension will be ac- section, a determination of whether an cepted and reviewed on a case-by-case AWS facility is within the line of sight basis. The Commission will grant such of a BRS system will be made as fol- extensions only if the incumbent can lows: demonstrate that: (1) For a BRS system using the 2150– (1) It cannot relocate within the six- 2160/62 MHz band exclusively to provide month period (e.g., because no alter- one-way transmissions to subscribers, native spectrum or other reasonable the AWS licensee will determine option is available); and whether there is an unobstructed sig- (2) The public interest would be nal path (line of sight) to the incum- harmed if the incumbent is forced to bent licensee’s geographic service area terminate operations. (GSA), based on the following criteria:

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use of 9.1 meters (30 feet) for the receiv- § 27.1301 Designated entities in the 600 ing antenna height, use of the actual MHz band. transmitting antenna height and ter- (a) Small business. (1) A small business rain elevation, and assumption of 4/3 is an entity that, together with its af- Earth radius propagation conditions. filiates, its controlling interests, and Terrain elevation data must be ob- the affiliates of its controlling inter- tained from the U.S. Geological Survey ests, has average gross revenues not ex- (USGS) 3-second database. All coordi- ceeding $55 million for the preceding nates used in carrying out the required three (3) years. analysis shall be based upon use of (2) A very small business is an entity NAD–83. that, together with its affiliates, its (2) For all other BRS systems using controlling interests, and the affiliates the 2150–2160/62 MHz band, the AWS li- of its controlling interests, has average censee will determine whether there is gross revenues not exceeding $20 mil- an unobstructed signal path (line of lion for the preceding three (3) years. sight) to the incumbent licensee’s re- (b) Eligible rural service provider. For ceive station hub using the method purposes of this section, an eligible prescribed in ‘‘Methods for Predicting rural service provider is an entity that Interference from Response Station meets the criteria specified in Transmitters and to Response Station § 1.2110(f)(4) of this chapter. Hubs and for Supplying Data on Re- (c) Bidding credits. (1) A winning bid- sponse Station Systems. MM Docket der that qualifies as a small business as 97–217,’’ in Amendment of Parts 1, 21 defined in this section or a consortium and 74 to Enable Multipoint Distribu- of small businesses may use the bid- tion Service and Instructional Tele- ding credit specified in vision Fixed Service Licensees to En- § 1.2110(f)(2)(i)(C) of this chapter. A win- gage in Fixed Two-Way Transmissions, ning bidder that qualifies as a very MM Docket No. 97–217, Report and Order small business as defined in this sec- on Further Reconsideration and Further tion or a consortium of very small Notice of Proposed Rulemaking, 15 FCC businesses may use the bidding credit Rcd 14566 at 14610, Appendix D. specified in § 1.2110(f)(2)(i)(B) of this (b) Any AWS licensee in the 2110–2180 chapter. (2) An entity that qualifies as eligible MHz band that causes actual and de- rural service provider or a consortium monstrable interference to a BRS li- of rural service providers may use the censee in the 2150–2160/62 MHz band bidding credit specified in § 1.2110(f)(4) must take steps to eliminate the harm- of this chapter. ful interference, up to and including relocation of the BRS licensee, regard- [80 FR 56817, Sept. 18, 2015] less of whether it would be required to do so under paragraph (a), of this sec- PROTECTION OF OTHER SERVICES tion. § 27.1310 Protection of Broadcast Tele- vision Service in the 600 MHz Band Subpart N—600 MHz Band from wireless operations. (a) Licensees authorized to operate SOURCE: 79 FR 48539, Aug. 15, 2014, unless wireless services in the 600 MHz band otherwise noted. must cause no harmful interference to public reception of the signals of COMPETITIVE BIDDING PROVISIONS broadcast television stations transmitting co-channel or on an adjacent chan- § 27.1300 600 MHz band subject to com- nel. petitive bidding. (1) Such wireless operations must As required by section 6403(c) of the comply with the D/U ratios in Table 5 Spectrum Act, applications for 600 MHz in OET Bulletin No. 74, Methodology band initial licenses are subject to for Predicting Inter-Service Inter- competitive bidding. The general com- ference to Broadcast Television from petitive bidding procedures set forth in Mobile Wireless Broadband Services in 47 CFR part 1, subpart Q will apply un- the UHF Band ([DATE]) (‘‘OET Bulletin less otherwise provided in this subpart. No. 74’’). Copies of OET Bulletin No. 74

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may be inspected during normal busi- (2) Co-channel to a broadcast tele- ness hours at the Federal Communica- vision station within five kilometers of tions Commission, 445 12th St. SW., that station’s noise-limited contour or Dockets Branch (Room CY A09257), protected contour; and Washington, DC 20554. This document (3) Adjacent channel to a broadcast is also available through the Internet television station within 500 meters of on the FCC Home Page at http:// that station’s noise-limited contour or www.fcc.gov. protected contour. (2) If a 600 MHz band licensee causes (d) For purposes of this section, the harmful interference within the noise- following definitions apply: limited contour or protected contour of (1) Broadcast television station is de- a broadcast television station that is fined pursuant to § 73.3700(a)(1) of this operating co-channel or on an adjacent chapter; channel, the 600 MHz band licensee (2) Noise-limited contour is defined must eliminate the harmful inter- to be the full power station’s noise-lim- ference. ited contour pursuant to § 73.622(e); (b) A licensee authorized to operate (3) Protected contour is defined to be wireless services in the 600 MHz a Class A television station’s protected downlink band: contour as specified in section 73.6010; (1) Is not permitted to deploy wire- (4) Co-channel operations in the 600 less base stations within the noise-lim- MHz band are defined as operations of ited contour or protected contour of a broadcast television stations and wire- broadcast television station licensed less services where their assigned chan- on a co-channel or adjacent channel in nels or frequencies spectrally overlap; the 600 MHz downlink band; (5) Adjacent channel operations are (2) Is required to perform an inter- defined as operations of broadcast tele- ference study using the methodology in vision stations and wireless services OET Bulletin No. 74 before deploying or where their assigned channels or fre- operating wireless base stations within quencies spectrally abut each other or the culling distances specified in Ta- are separated by up to 5 MHz. bles 7–12 of OET Bulletin No. 74 from the [80 FR 71743, Nov. 17, 2015] noise-limited contour or protected contour of such a broadcast television sta- EFFECTIVE DATE NOTE: At 80 FR 71743, Nov. tion; 17, 2015, § 27.1310 was added. This text contains information collection and record- (3) Is required to perform an inter- keeping requirements and will not become ference study using the methodology in effective until approval has been given by OET Bulletin No. 74 when modifying a the Office of Management and Budget. base station within the culling distances in Tables 7–12 of OET Bulletin 74 COORDINATION/NOTIFICATION that results in an increase in energy in REQUIREMENTS the direction of co-channel or adjacent channel broadcast television station’s § 27.1320 Notification to white space contours; database administrators. (4) Is required to maintain records of To receive interference protection, the latest OET Bulletin No. 74 study for 600 MHz licensees shall notify one of each base station and make them the white space database administra- available for inspection to the Commis- tors of the areas where they have com- sion and, upon a claim of harmful in- menced operation pursuant to terference, to the requesting broad- §§ 15.713(j)(10) and 15.715(n) of this chap- casting television station. ter. (c) A licensee authorized to operate [80 FR 73085, Nov. 23, 2015] wireless services in the 600 MHz uplink band must limit its service area so that § 27.1321 Requirements for operation mobile and portable devices do not of base and fixed stations in the 600 transmit: MHz downlink band in close prox- (1) Co-channel or adjacent channel to imity to Radio Astronomy Observ- a broadcast television station within atories. that station’s noise-limited contour or (a) Licensees must make reasonable protected contour; efforts to protect the radio astronomy

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observatory at Green Bank, WV, Are- 32.27 Transactions with affiliates. cibo, PR, and those identified in § 15.712(h)(3) of this chapter as part of Subpart C—Instructions for Balance Sheet the Very Long Baseline Array (VLBA) Accounts from interference. 32.101 Structure of the balance sheet ac- (b) 600 MHz band base and fixed sta- counts. tions in the 600 MHz downlink band 32.102 Nonregulated investments. within 25 kilometers of VLBA observ- 32.103 Balance sheet accounts for other than atories are subject to coordination regulated-fixed assets to be maintained. with the National Science Foundation 32.1120 Cash and equivalents. 32.1170 Receivables. (NSF) prior to commencing operations. 32.1171 Allowance for doubtful accounts. The appropriate NSF contact point to 32.1191 Accounts receivable allowance— initiate coordination is Electro- other. magnetic Spectrum Manager, NSF, 4201 32.1220 Inventories. Wilson Blvd., Suite 1045, Arlington, VA 32.1280 Prepayments. 22203, fax 703–292–9034, email 32.1350 Other current assets. [email protected]. 32.1406 Nonregulated investments. (c) Any licensee that intends to oper- 32.1410 Other noncurrent assets. 32.1438 Deferred maintenance and retire- ate base and fixed stations in the 600 ments. MHz downlink band in locations near 32.1500 Other jurisdictional assets—net. the Radio Astronomy Observatory site 32.2000 Instructions for telecommunications located in Green Bank, Pocahontas plant accounts. County, West Virginia, or near the Are- 32.2001 Telecommunications plant in serv- cibo Observatory in Puerto Rico, must ice. comply with the provisions in § 1.924 of 32.2002 Property held for future telecommunications use. this chapter. 32.2003 Telecommunications plant under [79 FR 48538, Aug. 15, 2014. Redesignated at 81 construction. FR 4975, Jan. 29, 2016] 32.2005 Telecommunications plant adjustment. 32.2006 Nonoperating plant. PART 32—UNIFORM SYSTEM OF 32.2007 Goodwill. ACCOUNTS FOR TELECOMMUNI- 32.2110 Land and support assets. CATIONS COMPANIES 32.2111 Land. 32.2112 Motor vehicles. 32.2113 Aircraft. Subpart A—Preface 32.2114 Tools and other work equipment. Sec. 32.2121 Buildings. 32.1 Background. 32.2122 Furniture. 32.2 Basis of the accounts. 32.2123 Office equipment. 32.3 Authority. 32.2124 General purpose computers. 32.4 Communications Act. 32.2210 Central office—switching. 32.2211 Non-digital switching. Subpart B—General Instructions 32.2212 Digital electronic switching. 32.2220 Operator systems. 32.11 Classification of companies. 32.2230 Central office—transmission. 32.12 Records. 32.2231 Radio systems. 32.13 Accounts—general. 32.2232 Circuit equipment. 32.14 Regulated accounts. 32.2310 Information origination/termi- 32.15 [Reserved] nation. 32.16 Changes in accounting standards. 32.2311 Station apparatus. 32.17 Interpretation of accounts. 32.2341 Large private branch exchanges. 32.18 Waivers. 32.2351 Public telephone terminal equip- 32.19 Address for reports and correspond- ment. ence. 32.2362 Other terminal equipment. 32.20 Numbering convention. 32.2410 Cable and wire facilities. 32.21 Sequence of accounts. 32.2411 Poles. 32.22 Comprehensive interperiod tax alloca- 32.2421 Aerial cable. tion. 32.2422 Underground cable. 32.23 Nonregulated activities. 32.2423 Buried cable. 32.24 Compensated absences. 32.2424 Submarine & deep sea cable. 32.25 Unusual items and contingent liabil- 32.2426 Intrabuilding network cable. ities. 32.2431 Aerial wire. 32.26 Materiality. 32.2441 Conduit systems.

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32.2680 Amortizable tangible assets. 32.5300 Uncollectible revenue. 32.2681 Capital leases. 32.2682 Leasehold improvements. Subpart E—Instructions for Expense 32.2690 Intangibles. Accounts 32.3000 Instructions for balance sheet accounts—Depreciation and amortization. 32.5999 General. 32.3100 Accumulated depreciation. 32.6110 Network support expenses. 32.3200 Accumulated depreciation—held for 32.6112 Motor vehicle expense. future telecommunications use. 32.6113 Aircraft expense. 32.3300 Accumulated depreciation—nonop- 32.6114 Tools and other work equipment ex- erating. pense. 32.3400 Accumulated amortization—tan- 32.6120 General support expenses. gible. 32.6121 Land and building expense. 32.3410 Accumulated amortization—capital- 32.6122 Furniture and artworks expense. ized leases. 32.6123 Office equipment expense. 32.3999 Instructions for balance sheet ac- 32.6124 General purpose computers expense. counts—liabilities and stockholders’ eq- 32.6210 Central office switching expenses. uity. 32.6211 Non-digital switching expense. 32.4000 Current accounts and notes payable. 32.6212 Digital electronic switching expense. 32.4040 Customers’ deposits. 32.6220 Operator systems expense. 32.4070 Income taxes—accrued. 32.6230 Central office transmission expense. 32.4080 Other taxes—accrued. 32.6231 Radio systems expense. 32.4100 Net current deferred operating in- 32.6232 Circuit equipment expense. come taxes. 32.6310 Information origination/termination 32.4110 Net current deferred nonoperating expenses. income taxes. 32.6311 Station apparatus expense. 32.4130 Other current liabilities. 32.6341 Large private branch exchange ex- 32.4200 Long term debt and funded debt. pense. 32.4300 Other long-term liabilities and de- 32.6351 Public telephone terminal equip- ferred credits. ment expense. 32.4320 Unamortized operating investment 32.6362 Other terminal equipment expense. tax credits—net. 32.6410 Cable and wire facilities expenses. 32.4330 Unamortized nonoperating invest- 32.6411 Poles expense. ment tax credits—net. 32.6421 Aerial cable expense. 32.4340 Net noncurrent deferred operating 32.6422 Underground cable expense. income taxes. 32.6423 Buried cable expense. 32.4341 Net deferred tax liability adjust- 32.6424 Submarine and deep sea cable ex- ments. pense. 32.4350 Net noncurrent deferred nonop- 32.6426 Intrabuilding network cable expense. erating income taxes. 32.6431 Aerial wire expense. 32.4361 Deferred tax regulatory adjust- 32.6441 Conduit systems expense. ments—net. 32.6510 Other property, plant and equipment 32.4370 Other jurisdictional liabilities and expenses. deferred credits—net. 32.6511 Property held for future tele- 32.4510 Capital stock. communications use expense. 32.4520 Additional paid-in capital. 32.6512 Provisioning expense. 32.4530 Treasury stock. 32.6530 Network operations expenses. 32.4540 Other capital. 32.6531 Power expense. 32.4550 Retained earnings. 32.6532 Network administration expense. 32.6533 Testing expense. Subpart D—Instructions for Revenue 32.6534 Plant operations administration ex- Accounts pense. 32.6535 Engineering expense. 32.4999 General. 32.6540 Access expense. 32.5000 Basic local service revenue. 32.6560 Depreciation and amortization ex- 32.5001 Basic area revenue. penses. 32.5002 Optional extended area revenue. 32.6561 Depreciation expense—telecommuni- 32.5003 Cellular mobile revenue. cations plant in service. 32.5040 Private line revenue. 32.6562 Depreciation expense—property held 32.5060 Other basic area revenue. for future telecommunications use. 32.5081 End user revenue. 32.6563 Amortization expense—tangible. 32.5082 Switched access revenue. 32.6564 Amortization expense—intangible. 32.5083 Special access revenue. 32.6565 Amortization expense—other. 32.5100 Long distance message revenue. 32.6610 Marketing. 32.5200 Miscellaneous revenue. 32.6611 Product management and sales. 32.5230 Directory revenue. 32.6613 Product advertising. 32.5280 Nonregulated operating revenue. 32.6620 Services.

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32.6621 Call completion services. ing theories and principles commonly 32.6622 Number services. referred to as generally accepted ac- 32.6623 Customer services. counting principles. 32.6720 General and administrative. 32.6790 Provision for uncollectible notes re- § 32.2 Basis of the accounts. ceivable. (a) The financial accounts of a com- Subpart F—Instructions for Other Income pany are used to record, in monetary Accounts terms, the basic transactions which occur. Certain natural groupings of 32.6999 General. 32.7100 Other operating income and ex- these transactions are called (in dif- penses. ferent contexts) transaction cycles, 32.7199 Content of accounts. business processes, functions or activi- 32.7200 Operating taxes. ties. The concept, however, is the same 32.7210 Operating investment tax credits— in each case; i.e., the natural groupings net. represent what happens within the 32.7220 Operating Federal income taxes. company on a consistent and con- 32.7230 Operating state and local income taxes. tinuing basis. This repetitive nature of 32.7240 Operating other taxes. the natural groupings, over long peri- 32.7250 Provision for deferred operating in- ods of time, lends an element of sta- come taxes—net. bility to the financial account struc- 32.7300 Nonoperating income and expense. ture. 32.7400 Nonoperating taxes. (b) Within the telecommunications 32.7500 Interest and related items. industry companies, certain recurring 32.7600 Extraordinary items. 32.7899 Content of accounts. functions (natural groupings) do take 32.7910 Income effect of jurisdictional rate- place in the course of providing prod- making differences—net. ucts and services to customers. These 32.7990 Nonregulated net income. accounts reflect, to the extent feasible, those functions. For example, the pri- Subpart G—Glossary mary bases of the accounts containing 32.9000 Glossary of terms. the investment in telecommunications plant are the functions performed by the AUTHORITY: 47 U.S.C. 154(i), 154(j) and 220 as assets. In addition, because of the an- amended, unless otherwise noted. ticipated effects of future innovations, SOURCE: 51 FR 43499, Dec. 2, 1986, unless the telecommunications plant ac- otherwise noted. counts are intended to permit techno- logical distinctions. Similarly, the pri- Subpart A—Preface mary bases of plant operations, customer operations and corporate oper- § 32.1 Background. ations expense accounts are the func- The revised Uniform System of Ac- tions performed by individuals. The rev- counts (USOA) is a historical financial enue accounts, on the other hand, re- accounting system which reports the flect a market perspective of natural results of operational and financial groupings based primarily upon the events in a manner which enables both products and services purchased by cus- management and regulators to assess tomers. these results within a specified ac- (c) In the course of developing the counting period. The USOA also pro- bases for this account structure, sev- vides the financial community and oth- eral other alternatives were explored. ers with financial performance results. It was, for example, determined that, In order for an accounting system to because of the variety and continual fulfill these purposes, it must exhibit changing of various cost allocation consistency and stability in financial mechanisms, the financial accounts of reporting (including the results pub- a company should not reflect an a lished for regulatory purposes). Accord- priori allocation of revenues, invest- ingly, the USOA has been designed to ments or expenses to products or serv- reflect stable, recurring financial data ices, jurisdictions or organizational based to the extent regulatory consid- structures. (Note also § 32.14 (c) and (d) erations permit upon the consistency of subpart B.) It was also determined of the well established body of account- that costs (in the case of assets) should

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not be recorded based solely upon phys- actions appertaining to the business of the ical attributes such as location, de- carrier, shall be deemed guilty of a mis- scription or size. demeanor, and shall be subject, upon convic- (d) Care has been taken in this action, to a fine of not less than $1,000 nor more than $5,000 or imprisonment for a term count structure to avoid confusing a of not less than one year nor more than function with an organizational re- three years, or both such fine and imprison- sponsibility, particularly as it relates ment: Provided, that the Commission may in to the expense accounts. Whereas in its discretion issue orders specifying such op- the past, specific organizations may erating, accounting or financial papers, have performed specific functions, the records, books, blanks, or documents which future environment with its increasing may, after a reasonable time, be destroyed, mechanization and other changes will and prescribing the length of time such result in entirely new or restructured books, papers, or documents shall be pre- served. organizations. Thus, any relationships drawn between organizations and ac- For regulations governing the periods counts would become increasingly for which records are to be retained, meaningless with the passage of time. see part 42, Preservation of Records of (e) These accounts, then, are in- Communications Common Carriers, of tended to reflect a functional and tech- this chapter which relates to preserva- nological view of the telecommuni- tion of records. cations industry. This view will provide a stable and consistent foundation for the recording of financial data. Subpart B—General Instructions (f) The financial data contained in the accounts, together with the de- § 32.11 Classification of companies. tailed information contained in the un- (a) For purposes of this section, the derlying financial and other subsidiary term ‘‘company’’ or ‘‘companies’’ records required by this Commission, means incumbent local exchange car- will provide the information necessary rier(s) as defined in section 251(h) of to support separations, cost of service the Communications Act, and any and management reporting require- other carriers that the Commission ments. The basic account structure has designates by Order. Incumbent local been designed to remain stable as re- exchange carriers’ successor or assign porting requirements change. companies, as defined in section 251(h)(1)(B)(ii) of the Communications § 32.3 Authority. Act, that are found to be non-dominant This Uniform System of Accounts by the Commission, will not be subject has been prepared under the following to this Uniform System of Accounts. authority: Section 4 of the Commu- (b) For accounting purposes, compa- nications Act of 1934, as amended, 47 nies are divided into classes as follows: U.S.C. section 154 (1984); sections 219, (1) Class A. Companies having annual 220 of the Communications Act of 1934, revenues from regulated telecommuni- as amended, 47 U.S.C. sections 219, 220, cations operations that are equal to or (1984). above the indexed revenue threshold. (2) Class B. Companies having annual § 32.4 Communications Act. revenues from regulated telecommuni- Attention is directed to the following cations operations that are less than extract from section 220 of the Commu- the indexed revenue threshold. nications Act of 1934, 47 U.S.C. 220 (c) Class A companies, except mid- (1984): sized incumbent local exchange car- (e) Any person who shall willfully make riers, as defined by § 32.9000, shall keep any false entry in the accounts of any book all the accounts of this system of ac- of accounts or in any record or memoranda counts which are applicable to their af- kept by any such carrier, or who shall will- fairs and are designated as Class A ac- fully destroy, mutilate, alter, or by any counts. Class A companies, which in- other means or device falsify any such account, record, or memoranda, or who shall clude mid-sized incumbent local ex- willfully neglect or fail to make full, true, change carriers, shall keep Basic Prop- and correct entries in such accounts, erty Records in compliance with the records, or memoranda of all facts and trans- requirements of § 32.2000(e) and (f).

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(d) Class B companies and mid-sized mation. The subsidiary records, in incumbent local exchange carriers, as which the full details are shown, shall defined by § 32.9000, shall keep all ac- be sufficiently referenced to permit counts of this system of accounts ready identification and examination which are applicable to their affairs by representatives of this Commission. and are designated as Class B accounts. Mid-sized incumbent local exchange § 32.13 Accounts—general. carriers shall also maintain subsidiary (a) As a general rule, all accounts record categories necessary to provide kept by reporting companies shall con- the pole attachment data currently form in numbers and titles to those provided in the Class A accounts. Class prescribed herein. However, reporting B companies shall keep Continuing companies may use different numbers Property Records in compliance with for internal purposes when separate ac- the requirements of §§ 32.2000(e)(7)(i)(A) counts (or subaccounts) maintained are and 32.2000(f). consistent with the title and content of (e) Class B companies and mid-sized accounts and subaccounts prescribed in incumbent local exchange carriers, as this system. defined by § 32.9000 of this part, that de- (1) A company may subdivide any of sire more detailed accounting may the accounts prescribed. The titles of adopt the accounts prescribed for Class all such subaccounts shall refer by A companies upon the submission of a number or title to the controlling ac- written notification to the Commis- count. sion. (2) A company may establish tem- (f) The classification of a company porary or experimental accounts with- shall be determined at the start of the out prior notice to the Commission. calendar year following the first time (b) Exercise of the preceding options its annual operating revenue from reg- shall be allowed only if the integrity of ulated telecommunications operations the prescribed accounts is not im- equals, exceeds, or falls below the in- paired. dexed revenue threshold. (c) As of the date a company becomes [67 FR 5679, Feb. 6, 2002, as amended at 69 FR subject to the system of accounts, the 53648, Sept. 2, 2004] company is authorized to make any such subdivisions, reclassifications or § 32.12 Records. consolidations of existing balances as (a) The company’s financial records are necessary to meet the requirements shall be kept in accordance with gen- of this system of accounts. erally accepted accounting principles (d) Nothing contained in this part to the extent permitted by this system shall prohibit or excuse any company, of accounts. receiver, or operating trustee of any (b) The company’s financial records carrier from subdividing the accounts shall be kept with sufficient particu- hereby prescribed for the purpose of: larity to show fully the facts per- (1) Complying with the requirements taining to all entries in these accounts. of the state commission(s) having ju- The detail records shall be filed in such risdiction; or manner as to be readily accessible for (2) Securing the information required examination by representatives of this in the prescribed reports to such com- Commission. mission(s). (c) The Commission shall require a (e) Where the use of subsidiary company to maintain financial and records is considered necessary in order other subsidiary records in such a man- to secure the information required in ner that specific information, of a type reports to any state commission, the not warranting disclosure as an ac- company shall incorporate the fol- count or subaccount, will be readily lowing controls into their accounting available. When this occurs, or where system with respect to such subsidiary the full information is not otherwise records: recorded in the general books, the sub- (1) Subsidiary records shall be rec- sidiary records shall be maintained in onciled to the company’s general ledg- sufficient detail to facilitate the reer or books of original entry, as appro- porting of the required specific infor- priate.

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(2) The company shall adequately between regulated and nonregulated document the accounting procedures activities. Companies shall submit re- related to subsidiary records. ports identifying regulated and non- (3) The subsidiary records shall be regulated amounts in the manner and maintained at an adequate level of de- at the times prescribed by this Com- tail to satisfy state regulators. mission. Nonregulated revenue items [51 FR 43499, Dec. 2, 1986, as amended at 65 not qualifying for incidental treat- FR 16334, Mar. 28, 2000; 67 FR 5679, Feb. 6, ment, as provided in § 32.4999(l), shall be 2002] recorded in Account 5280, Nonregulated operating revenue. § 32.14 Regulated accounts. (d) Other income items which are in- (a) In the context of this part, the cidental to the provision of regulated regulated accounts shall be interpreted products and services shall be ac- to include the investments, revenues counted for as regulated activities. and expenses associated with those (e) All costs and revenues related to telecommunications products and serv- the offering of regulated products and ices to which the tariff filing require- services which result from arrangements contained in Title II of the Com- ments for joint participation or appor- munications Act of 1934, as amended, tionment between two or more tele- are applied, except as may be otherwise phone companies (e.g., joint operating provided by the Commission. Regulated agreements, settlement agreements, telecommunications products and serv- cost-pooling agreements) shall be re- ices are thereby fully subject to the accorded within the detailed accounts. counting requirements as specified in Under joint operating agreements, the Title II of the Communications Act of creditor will initially charge the entire 1934, as amended, and as detailed in expenses to the appropriate primary subparts A through F of this part of accounts. The proportion of such ex- the Commission’s Rules and Regula- penses borne by the debtor shall be tions. credited by the creditor and charged by (b) In addition to those amounts con- the debtor to the account initially sidered to be regulated by the provi- charged. Any allowances for return on sions of paragraph (a) of this section, property used will be accounted for as those telecommunications products provided in Account 5200, Miscella- and services to which the tariff filing neous revenue. requirements of the several state juris- (f) All items of nonregulated revenue, dictions are applied shall be accounted investment and expense that are not for as regulated, except where such properly includible in the detailed, reg- treatment is proscribed or otherwise ulated accounts prescribed in subparts excluded from the requirements per- A through F of this part, as determined taining to regulated telecommuni- by paragraphs (a) through (e) of this cations products and services by this section shall be accounted for and in- Commission. cluded in reports to this Commission as (c) In the application of detailed ac- specified in § 32.23 of this subpart. counting requirements contained in [51 FR 43499, Dec. 2, 1986, as amended at 52 this part, when a regulated activity in- FR 6560, Mar. 4, 1987; 53 FR 49321, Dec. 7, 1988; volves the common or joint use of as- 67 FR 5679, Feb. 6, 2002] sets and resources in the provision of regulated and nonregulated products § 32.15 [Reserved] and services, companies shall account for these activities within the accounts § 32.16 Changes in accounting stand- prescribed in this system for telephone ards. company operations. Assets and ex- (a) The company’s records and ac- penses shall be subdivided in subsidiary counts shall be adjusted to apply new records among amounts solely assign- accounting standards prescribed by the able to nonregulated activities, Financial Accounting Standards Board amounts solely assignable to regulated or successor authoritative accounting activities, and amounts related to as- standard-setting groups, in a manner sets used and expenses incurred jointly consistent with generally accepted ac- or in common, which will be allocated counting principles. The change in an

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accounting standard will automati- § 32.19 Address for reports and cor- cally take effect 90 days after the com- respondence. pany informs this Commission of its in- Reports, statements, and correspond- tention to follow the new standard, un- ence submitted to the Federal Commu- less the Commission notifies the com- nications Commission in accordance pany to the contrary. Any change with or relating to instructions and re- adopted shall be disclosed in annual requirements contained herein shall be ports required by § 43.21(f) of this chap- addressed to the Wireless Competition ter in the year of adoption. Bureau, Federal Communications Com- (b) The changes in accounting stand- mission, Washington, DC 20554. ards which this Commission approves will not necessarily be binding on the [51 FR 43499, Dec. 2, 1986, as amended at 67 ratemaking practices of the various FR 13225, Mar. 21, 2002] state commissions. § 32.20 Numbering convention. [51 FR 43499, Dec. 2, 1986, as amended at 64 FR 50007, Sept. 15, 1999; 67 FR 5679, Feb. 6, (a) The number ‘‘32’’ (appearing to 2002] the left of the first decimal point) indicates the part number. § 32.17 Interpretation of accounts. (b) The numbers immediately fol- To the end that uniform accounting lowing to the right of the decimal shall be maintained within the pre- point indicate, respectively, the sec- scribed system, questions involving tion or account. All Part 32 Account significant matters which are not numbers contain 4 digits to-the-right-of clearly provided for shall be submitted the decimal point. to the Chief, Wireline Competition Bu- (c) Cross references to accounts are reau, for explanation, interpretation, made by citing the account numbers to or resolution. Questions and answers the right of the decimal point; e.g., Ac- thereto with respect to this system of count 2232 rather than the cor- accounts will be maintained by the responding complete part 32 reference Wireline Competition Bureau. number 32.2232. [67 FR 13225, Mar. 21, 2002] § 32.21 Sequence of accounts. § 32.18 Waivers. The order in which the accounts are A waiver from any provision of this presented in this system of accounts is system of accounts shall be made by not to be considered as necessarily in- the Federal Communications Commis- dicative of the order in which they will sion upon its own initiative or upon be scheduled at all times in reports to the submission of written request this Commission. therefor from any telecommunications company, or group of telecommuni- § 32.22 Comprehensive interperiod tax cations companies, provided that such allocation. a waiver is in the public interest and (a) Companies shall apply interperiod each request for waiver expressly dem- tax allocation (tax normalization) to onstrates that: existing peculiarities or all book/tax temporary differences unusual circumstances warrant a de- which would be considered material for parture from a prescribed procedure or published financial report purposes. technique; a specifically defined alter- Furthermore, companies shall also native procedure or technique will re- apply interperiod tax allocation if any sult in a substantially equivalent or item or group of similar items when more accurate portrayal of operating aggregated would yield debit or credit results or financial condition, con- entries which exceed or would exceed 5 sistent with the principles embodied in percent of the gross deferred income the provisions of this system of ac- tax expense debits or credits during counts; and the application of such al- any calendar year over the life of the ternative procedure will maintain or temporary difference. The tax effects improve uniformity in substantive re- of book/tax temporary differences shall sults as among telecommunications be normalized and the deferrals shall companies. be included in the following accounts:

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4100, Net Current Deferred Operating Income taxes and unamortized investment tax Taxes; credits shall also be identified and 4110, Net Current Deferred Nonoperating In- transferred to the appropriate nonregu- come Taxes; lated accounts. 4340, Net Noncurrent Deferred Operating In- come Taxes; (f) The tax differentials to be normal- 4350, Net Noncurrent Deferred Nonoperating ized as specified in this section shall Income Taxes. also encompass the additional effect of state and local income tax changes on In lieu of the accounting prescribed Federal income taxes produced by the herein, any company shall treat the in- provision for deferred state and local crease or reduction in current income income taxes for book/tax temporary taxes payable resulting from the use of differences related to such income flow through accounting in prior years taxes. as an increase or reduction in current (g) Companies that receive the tax tax expense. benefits from the filing of a consoli- (b) Supporting documentation shall dated income tax return by the parent be maintained so as to separately iden- company, (pursuant to closing agree- tify the amount of deferred taxes which ments with the Internal Revenue Serv- arise from the use of an accelerated ice, effective January 1, 1966) rep- method of depreciation. resenting the deferred income taxes (c) Subsidiary records shall be used from the elimination of intercompany to reduce the deferred tax assets con- profits for income tax purposes on sales tained in the accounts specified in of regulated equipment, may credit paragraph (a) of this section when it is such deferred taxes directly to the likely that some portion or all of the plant account which contains such deferred tax asset will not be realized. intercompany profit rather than cred- The amount recorded in the subsidiary iting such deferred taxes to the appli- record should be sufficient to reduce cable accounts in paragraph (a) of this the deferred tax asset to the amount section. If the deferred income taxes that is likely to be realized. are recorded as a reduction of the ap- (d) The records supporting the activ- propriate plant accounts, such reduc- ity in the deferred income tax accounts tion shall be treated as reducing the shall be maintained in sufficient detail original cost of the plant and ac- to identify the nature of the specific counted for as such. temporary differences giving rise to both the debits and credits to the indi- [51 FR 43499, Dec. 2, 1986, as amended at 59 vidual accounts. FR 9418, Feb. 28, 1994] (e) Any company that uses accelerated depreciation (or recognizes tax- § 32.23 Nonregulated activities. able income or losses upon the retire- (a) This section describes the ac- ment of property) for income tax pur- counting treatment of activities classi- poses shall normalize the tax differen- fied for accounting purposes as ‘‘non- tials occasioned thereby as indicated in regulated.’’ Preemptively deregulated paragraphs (e)(1) and (e)(2) of this sec- activities and activities (other than in- tion. cidental activities) never subject to (1) With respect to the retirement of regulation will be classified for ac- property the book/tax difference be- counting purposes as ‘‘nonregulated.’’ tween (i) the recognition of proceeds as Activities that qualify for incidental income and the accrual for salvage treatment under the policies of this value and (ii) the book and tax capital Commission will be classified for ac- recovery, shall be normalized. counting purposes as regulated activi- (2) Records shall be maintained so as ties. Activities that have been deregu- to show the deferred tax amounts by lated by a state will be classified for vintage year separately for each class accounting purposes as regulated ac- or subclass of eligible depreciable tele- tivities. Activities that have been de- phone plant for which an accelerated regulated at the interstate level, but method of depreciation has been used not preemptively deregulated, will be for income tax purposes. When prop- classified for accounting purposes as erty is transferred to nonregulated ac- regulated activities until such time as tivities, the associated deferred income this Commission decides otherwise.

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The treatment of nonregulated activi- § 32.24 Compensated absences. ties shall differ depending on the ex- (a) Companies shall record a liability tent of the common or joint use of as- and charge the appropriate expense ac- sets and resources in the provision of counts for compensated absences (vaca- both regulated and nonregulated prod- tions, sick leave, etc.) in the year in ucts and services. which these benefits are earned by em- (b) When a nonregulated activity ployees. does not involve the joint or common (b) With respect to the liability that use of assets and resources in the pro- exists for compensated absences which vision of both regulated and nonregu- is not yet recorded on the books as of lated products and services, carriers the effective date of this part, the li- shall account for these activities on a ability shall be recorded in Account separate set of books consistent with 4130. Other current liabilities, with a instructions set forth in §§ 32.1406 and corresponding entry to Account 1438, 32.7990. Transfers of assets, and sales of Deferred maintenance, retirements and products and services between the reg- other deferred charges. This deferred ulated activity and a nonregulated ac- charge shall be amortized on a tivity for which a separate set of books straight-line basis over a period of ten is maintained, shall be accounted for in years. accordance with the rules presented in (c) Records shall be maintained so as § 32.27, Transactions with Affiliates. In to show that no more than ten percent the separate set of books, carriers may of the deferred charge is being amor- establish whatever detail they deem tized each year. appropriate beyond what is necessary to provide this Commission with the [51 FR 43499, Dec. 2, 1986, as amended at 67 information required in §§ 32.1406 and FR 5679, Feb. 6, 2002] 32.7990. § 32.25 Unusual items and contingent (c) When a nonregulated activity liabilities. does involve the joint or common use of assets and resources in the provision Extraordinary items, prior period ad- of regulated and nonregulated products justments, and contingent liabilities and services, carriers shall account for may be recorded in the company’s these activities within accounts pre- books of account without prior Com- scribed in this system for telephone mission approval. company operations. Assets and ex- [65 FR 16334, Mar. 28, 2000] penses shall be subdivided in subsidiary records among amounts solely assign- § 32.26 Materiality. able to nonregulated activities, Companies shall follow this system of amounts solely assignable to regulated accounts in recording all financial and activities, and amounts related to as- statistical data irrespective of an indi- sets and expenses incurred jointly or in vidual item’s materiality under GAAP, common, which will be allocated be- unless a waiver has been granted under tween regulated and nonregulated ac- the provisions of § 32.18 of this subpart tivities. Carriers shall submit reports to do otherwise. identifying regulated and nonregulated amounts in the manner and at the § 32.27 Transactions with affiliates. times prescribed by this Commission. (a) Unless otherwise approved by the Nonregulated revenue items not quali- Chief, Wireline Competition Bureau, fying for incidental treatment as pro- transactions with affiliates involving vided in § 32.4999(l) of this part, shall be asset transfers into or out of the regu- recorded in separate subsidiary record lated accounts shall be recorded by the categories of Account 5280, Nonregu- carrier in its regulated accounts as lated operating revenue. Amounts as- provided in paragraphs (b) through (f) signed or allocated to regulated prod- of this section. ucts or services shall be subject to part (b) Assets sold or transferred between 36 of this chapter. a carrier and its affiliate pursuant to a [52 FR 6560, Mar. 4, 1987, as amended at 53 FR tariff, including a tariff filed with a 49322, Dec. 7, 1988; 59 FR 46930, Sept. 13, 1994; state commission, shall be recorded in 64 FR 50007, Sept. 15, 1999] the appropriate revenue accounts at

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the tariffed rate. Non-tariffed assets iff, including a tariff filed with a state sold or transferred between a carrier commission, shall be recorded in the and its affiliate that qualify for pre- appropriate revenue accounts at the vailing price valuation, as defined in tariffed rate. Non-tariffed services pro- paragraph (d) of this section, shall be vided between a carrier and its affiliate recorded at the prevailing price. For pursuant to publicly-filed agreements all other assets sold by or transferred submitted to a state commission pur- from a carrier to its affiliate, the as- suant to section 252(e) of the Commu- sets shall be recorded at no less than nications Act of 1934 or statements of the higher of fair market value and net generally available terms pursuant to book cost. For all other assets sold by section 252(f) shall be recorded using or transferred to a carrier from its af- the charges appearing in such publicly- filiate, the assets shall be recorded at filed agreements or statements. Non- no more than the lower of fair market tariffed services provided between a value and net book cost. carrier and its affiliate that qualify for (1) Floor. When assets are sold by or prevailing price valuation, as defined transferred from a carrier to an affil- in paragraph (d) of this section, shall iate, the higher of fair market value be recorded at the prevailing price. For and net book cost establishes a floor, all other services sold by or transferred below which the transaction cannot be from a carrier to its affiliate, the serv- recorded. Carriers may record the ices shall be recorded at no less than transaction at an amount equal to or the higher of fair market value and greater than the floor, so long as that fully distributed cost. For all other action complies with the Communica- services sold by or transferred to a car- tions Act of 1934, as amended, Commis- rier from its affiliate, the services shall sion rules and orders, and is not other- be recorded at no more than the lower wise anti-competitive. of fair market value and fully distrib- (2) Ceiling. When assets are purchased uted cost. from or transferred from an affiliate to (1) Floor. When services are sold by or a carrier, the lower of fair market transferred from a carrier to an affil- value and net book cost establishes a iate, the higher of fair market value ceiling, above which the transaction cannot be recorded. Carriers may and fully distributed cost establishes a record the transaction at an amount floor, below which the transaction can- equal to or less than the ceiling, so not be recorded. Carriers may record long as that action complies with the the transaction at an amount equal to Communications Act of 1934, as amend- or greater than the floor, so long as ed, Commission rules and orders, and is that action complies with the Commu- not otherwise anti-competitive. nications Act of 1934, as amended, Com- (3) Threshold. For purposes of this mission rules and orders, and is not section carriers are required to make a otherwise anti-competitive. good faith determination of fair mar- (2) Ceiling. When services are pur- ket value for an asset when the total chased from or transferred from an af- aggregate annual value of the asset(s) filiate to a carrier, the lower of fair reaches or exceeds $500,000, per affil- market value and fully distributed cost iate. When a carrier reaches or exceeds establishes a ceiling, above which the the $500,000 threshold for a particular transaction cannot be recorded. Car- asset for the first time, the carrier riers may record the transaction at an must perform the market valuation amount equal to or less than the ceil- and value the transaction on a going- ing, so long as that action complies forward basis in accordance with the with the Communications Act of 1934, affiliate transactions rules on a going- as amended, Commission rules and or- forward basis. When the total aggre- ders, and is not otherwise anti-com- gate annual value of the asset(s) does petitive. not reach or exceed $500,000, the (3) Threshold. For purposes of this asset(s) shall be recorded at net book section, carriers are required to make a cost. good faith determination of fair mar- (c) Services provided between a car- ket value for a service when the total rier and its affiliate pursuant to a tar- aggregate annual value of that service

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reaches or exceeds $500,000, per affil- etorships, partnerships and other forms iate. When a carrier reaches or exceeds of business organizations. the $500,000 threshold for a particular [67 FR 5679, Feb. 6, 2002, as amended at 69 FR service for the first time, the carrier 53648, Sept. 2, 2004] must perform the market valuation and value the transaction in accordance with the affiliate transactions Subpart C—Instructions for rules on a going-forward basis. All Balance Sheet Accounts services received by a carrier from its § 32.101 Structure of the balance sheet affiliate(s) that exist solely to provide accounts. services to members of the carrier’s corporate family shall be recorded at The Balance Sheet accounts shall be fully distributed cost. maintained as follows: (d) In order to qualify for prevailing (a) Account 1120, Cash and equiva- price valuation in paragraphs (b) and lents, through Account 1500, Other ju- (c) of this section, sales of a particular risdictional assets—net, shall include asset or service to third parties must assets other than regulated-fixed as- encompass greater than 25 percent of sets. the total quantity of such product or (b) Account 2001, Telecommuni- service sold by an entity. Carriers shall cations plant in service, through Ac- apply this 25 percent threshold on an count 2007, Goodwill, shall include the asset-by-asset and service-by-service regulated-fixed assets. basis, rather than on a product-line or (c) Account 3100, Accumulated depre- service-line basis. In the case of trans- ciation through Account 3410, Accumu- actions for assets and services subject lated amortization—capitalized leases, to section 272, a BOC may record such shall include the asset reserves except transactions at prevailing price regard- that reserves related to certain asset less of whether the 25 percent threshold accounts will be included in the asset has been satisfied. account. (See §§ 32.2005, 32.2682 and 32.2690.) (e) Income taxes shall be allocated among the regulated activities of the (d) Account 4000, Current accounts carrier, its nonregulated divisions, and and notes payable, through Account members of an affiliated group. Under 4550, Retained earnings, shall include circumstances in which income taxes all liabilities and stockholders equity. are determined on a consolidated basis [67 FR 5680, Feb. 6, 2002] by the carrier and other members of the affiliated group, the income tax ex- § 32.102 Nonregulated investments. pense to be recorded by the carrier Nonregulated investments shall in- shall be the same as would result if de- clude the investment in nonregulated termined for the carrier separately for activities that are conducted through all time periods, except that the tax ef- the same legal entity as the telephone fect of carry-back and carry-forward company operations, but do not involve operating losses, investment tax cred- the joint or common use of assets or its, or other tax credits generated by resources in the provision of both regu- operations of the carrier shall be related and nonregulated products and corded by the carrier during the period services. See §§ 32.14 and 32.23. in which applied in settlement of the taxes otherwise attributable to any [52 FR 6561, Mar. 4, 1987] member, or combination of members, § 32.103 Balance sheet accounts for of the affiliated group. other than regulated-fixed assets to (f) Companies that employ average be maintained. schedules in lieu of actual costs are ex- Balance sheet accounts to be main- empt from the provisions of this sec- tained by Class A and Class B tele- tion. For other organizations, the prin- phone companies for other than regu- ciples set forth in this section shall lated-fixed assets are indicated as fol- apply equally to corporations, propri- lows:

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BALANCE SHEET ACCOUNTS agents, employees, and others as petty cash or working funds from which ex- Class A Class B Account title account account penditures are to be made and accounted for. Current assets (e) This account shall include the Cash and equivalents ...... 1120 1120 cost of current securities acquired for Receivables ...... 1170 1170 Allowance for doubtful accounts ...... 1171 1171 the purpose of temporarily investing Supplies: cash, such as time drafts receivable Material and supplies ...... 1220 1220 and time loans, bankers’ acceptances, Prepayments ...... 1280 1280 United States Treasury certificates, Other current assets ...... 1350 1350 marketable securities, and other simi- Noncurrent assets lar investments of a temporary char- Investments: Nonregulated investments ...... 1406 1406 acter. Other noncurrent assets ...... 1410 1410 (f) Accumulated changes in the net Deferred charges: unrealized losses of current marketable Deferred maintenance, retirements and other deferred equity securities shall be included in charges ...... 1438 1438 the determination of net income in the Other: period in which they occur in Account Other jurisdictional assets-net .... 1500 1500 7300, Other Nonoperating Income and Expense. [67 FR 5680, Feb. 6, 2002] (g) Subsidiary record categories shall be maintained in order that the entity § 32.1120 Cash and equivalents. may separately report the amounts of (a) This account shall include the temporary investments that relate to amount of current funds available for affiliates and nonaffiliates. Such sub- use on demand in the hands of financial sidiary record categories shall be re- officers and agents, deposited in banks ported as required by part 43 of this or other financial institutions and also chapter. funds in transit for which agents have received credit. [67 FR 5681, Feb. 6, 2002] (b) This account shall include the § 32.1170 Receivables. amount of cash on special deposit, other than in sinking and other special (a) This account shall include all funds provided for elsewhere, to pay amounts due from customers for serv- dividends, interest, and other debts, ices rendered or billed and from agents when such payments are due one year and collectors authorized to make col- or less from the date of deposit; the lections from customers. This account amount of cash deposited to insure the shall also include all amounts due from performance of contracts to be per- customers or agents for products sold. formed within one year from date of This account shall be kept in such the deposit; and other cash deposits of manner as will enable the company to a special nature not provided for else- make the following analysis: where. This account shall include the (1) Amounts due from customers who amount of cash deposited with trustees are receiving telecommunications serv- to be held until mortgaged property ice. sold, destroyed, or otherwise disposed (2) Amounts due from customers who of is replaced, and also cash realized are not receiving service and whose ac- from the sale of the company’s securi- counts are in process of collection. ties and deposited with trustees to be (b) Collections in excess of amounts held until invested in physical property charged to this account may be cred- of the company or for disbursement ited to and carried in this account when the purposes for which the securi- until applied against charges for serv- ties were sold are accomplished. ices rendered or until refunded. (c) Cash on special deposit to be held (c) Cost of demand or time notes, for more than one year from the date bills and drafts receivable, or other of deposit shall be included in Account similar evidences (except interest cou- 1410, Other noncurrent assets. pons) of money receivable on demand (d) This account shall include the or within a time not exceeding one amount of cash advanced to officers, year from date of issue.

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(d) Amount of interest accrued to the (b) If no such allowance is main- date of the balance sheet on bonds, tained, uncollectible amounts shall be notes, and other commercial paper charged directly to Account 5300, owned, on loans made, and the amount Uncollectible revenue or directly to of dividends receivable on stocks Account 6790, Provision for owned. uncollectible notes receivable, as ap- (e) This account shall not include propriate. dividends or other returns on securities (c) Subsidiary record categories shall issued or assumed by the company and be maintained in order that the entity held by or for it, whether pledged as may separately report the amounts collateral, or held in its treasury, in contained herein that relate to affili- special deposits, or in sinking and ates and nonaffiliates. Such subsidiary other funds. record categories shall be reported as (f) Dividends received and receivable required by part 43 of this chapter. from affiliated companies accounted [67 FR 5682, Feb. 6, 2002] for on the equity method shall be included in Account 1410, Other noncur- § 32.1191 Accounts receivable allow- rent assets, as a reduction of the car- ance—other. rying value of the investment. (a) This account shall be credited (g) This account shall include all with amounts charged to Account 5302, amounts currently due, and not pro- Uncollectible Revenue—Other to provided for in (a) through (g) of this sec- vide for uncollectible amounts included tion such as those for traffic settle- in Account 1190, Other Accounts Re- ments, divisions of revenue, material ceivable. There shall also be credited and supplies, matured rents, and inter- to this account amounts collected est receivable under monthly settle- which previously had been written off ments on short-term loans, advances, through charges to this account and and open accounts. If any of these credits to Account 1190. There shall be items are not to be paid currently, charged to this account any amounts they shall be transferred to Account covered thereby which have been found 1410, Other noncurrent assets. to be impracticable of collection. (h) Subsidiary record categories shall (b) If no such allowance is main- be maintained in order that the entity tained, uncollectible amounts shall be may separately report the amounts charged directly to Account 5302, contained herein that relate to affili- Uncollectible Revenue—Other. ates and nonaffiliates. Such subsidiary (c) Subsidiary record categories shall record categories shall be reported as be maintained in order that the entity required by part 43 of this chapter. may separately report the amounts [67 FR 5681, Feb. 6, 2002] contained herein that relate to affiliates and nonaffiliates. Such subsidiary § 32.1171 Allowance for doubtful ac- record categories shall be reported as counts. required by part 43 of this Commis- (a) This account shall be credited sion’s Rules and Regulations. with amounts charged to Accounts 5300, Uncollectible revenue, and 6790, § 32.1220 Inventories. Provision for uncollectible notes re- (a) This account shall include the ceivable to provide for uncollectible cost of materials and supplies held in amounts related to accounts receivable stock and inventories of goods held for and notes receivable included in Ac- resale or lease. The investment in in- count 1170, Receivables. There shall ventories shall be maintained in the also be credited to this account following subaccounts: amounts collected which previously had been written off through charges 1220.1 Material and supplies 1220.2 Property held for sale or lease to this account and credits to Account 1170. There shall be charged to this ac- (b) These subaccounts shall not in- count any amounts covered thereby clude items which are related to a non- which have been found to be impracti- regulated activity unless that activity cable of collection. involves joint or common use of assets

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and resources in the provision of regu- the material was taken up in this ac- lated and nonregulated products and count. services. (g) Interest paid on material bills, (c) 1220.1 Material and supplies. This the payments of which are delayed, subaccount shall include cost of mate- shall be charged to Account 7500, Inter- rial and supplies held in stock includ- est and related items. ing plant supplies, motor vehicles sup- (h) Inventories of material and supplies, tools, fuel, other supplies and plies shall be taken periodically or fre- material and articles of the company quently enough for reporting purposes, in process of manufacture for supply as appropriate, in accordance with gen- stock. (Note also § 32.2000(c)(2)(iii) of erally accepted accounting principles. this subpart.) The adjustments to this account shall (d) Transportation charges and sales be charged or credited to Account 6512, and use taxes, so far as practicable, Provisioning expense. shall be included as a part of the cost (i) 1220.2 Property held for sale or of the particular material to which lease. This subaccount shall include they relate. Transportation and sales the cost of all items purchased for re- and use taxes which are not included as sale or lease. The cost shall include ap- part of the cost of particular material plicable transportation charges, sales shall be equitably apportioned among and use taxes, and cash and other pur- the detail accounts to which material chase discounts. Inventory shortage is charged. and overage shall be charged and cred- (e) So far as practicable, cash and ited, respectively, to Account 5280, other discount on material shall be de- Nonregulated operating revenue. ducted in determining cost of the par- [52 FR 39534, Oct. 22, 1987, as amended at 53 ticular material to which they relate FR 49322, Dec. 7, 1988; 67 FR 5682, Feb. 6, 2002] or credited to the account to which the material is charged. When such deduc- § 32.1280 Prepayments. tion is not practicable, discounts shall This account shall include: be equitably apportioned among the de- (a) The amounts of rents paid in ad- tail accounts to which material is vance of the period in which they are charged. chargeable to income, except amounts (f) Material recovered in connection chargeable to telecommunications with construction, maintenance or re- plant under construction and minor tirement of property shall be charged amounts which may be charged di- to this account as follows: rectly to the final accounts. As the (1) Reusable items that, when in- term expires for which the rents are stalled or in service, were retirement paid, this account shall be credited units shall be included in this account monthly and the appropriate account at the original cost, estimated if not charged. known. (Note also § 32.2000(d)(3) of this (b) The balance of all taxes, other subpart.) than amounts chargeable to tele- (2) Reusable minor items that, when communication plant under construc- installed or in service, were not retire- tion and minor amounts which may be ment units shall be included in this ac- charged to the final accounts, paid in count at current prices new. advance and which are chargeable to (3) The cost of repairing reusable ma- income within one year. As the term terial shall be charged to the appro- expires for which the taxes are paid, priate account in the Plant Specific this account shall be credited monthly Operations Expense accounts. and the appropriate account charged. (4) Scrap and nonusable material in- (c) The amount of insurance precluded in this account shall be carried miums paid in advance of the period in at the estimated amount which will be which they are chargeable to income, received therefor. The difference be- except premiums chargeable to tele- tween the amounts realized for scrap communications plant under construc- and nonusable material sold and the tion and minor amounts which may be amounts at which it is carried in this charged directly to the final accounts. account, so far as practicable, shall be As the term expires for which the pre- adjusted in the accounts credited when miums are paid, this account shall be

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credited monthly and the appropriate uals, and also its investment advances account charged. to such parties and special deposits of (d) The cost of preparing, printing, cash for more than one year from date binding, and delivering directories and of deposit. the cost of soliciting advertisements (c) Declines in value of investments, for directories, except minor amounts including those accounted for under which may be charged directly to Ac- the cost method, shall be charged to count 6622, Number services. These pre- Account 4540, Other capital, if tem- paid directory expenses shall be cleared porary and as a current period loss if to Account 6622 by monthly charges permanent. Detail records shall be representing that portion of the ex- maintained to reflect unrealized losses penses applicable to each month. for each investment. (e) Other prepayments not included (d) This account shall also include in paragraphs (a) through (d) of this advances represented by book accounts section except for minor amounts only with respect to which it is agreed which may be charged directly to the or intended that they shall be either final accounts. As the term expires for settled by issuance of capital stock or which the payments apply, this account shall be credited monthly and debt; or shall not be subject to current the appropriate account charged. cost settlement. (e) Amounts due from affiliated and [67 FR 5682, Feb. 6, 2002, as amended at 69 FR nonaffiliated companies which are sub- 53648, Sept. 2, 2004] ject to current settlement shall be in- § 32.1350 Other current assets. cluded in Account 1170, Receivables. (f) This account shall include the This account shall include the total unamortized balance of debt amount of all current assets which are issuance expense for all classes of out- not includable in Accounts 1120 standing long-term debt. Amounts in- through 1280. cluded in this account shall be amor- [67 FR 5682, Feb. 6, 2002] tized monthly and charged to account 7500, Interest and related items. § 32.1406 Nonregulated investments. (g) Debt Issuance expense includes all This account shall include the car- expenses in connection with the rier’s investment in nonregulated ac- issuance and sale of evidence of debt, tivities accounted for in a separate set such as fees for drafting mortgages and of books as provided in § 32.23(b). trust deeds; fees and taxes for issuing [52 FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, or recording evidences of debt; costs of 1987, as amended as 67 FR 5682, Feb. 6, 2002] engraving and printing bonds, certificates of indebtedness, and other com- § 32.1410 Other noncurrent assets. mercial paper; fees paid trustees; spe- (a) This account shall include the ac- cific costs of obtaining governmental quisition cost of the company’s invest- authority; fees for legal services; fees ment in equity or other securities and commissions paid underwriters, issued or assumed by affiliated compa- brokers, and salesmen; fees and ex- nies, including securities held in spe- penses of listing on exchanges, and cial funds (sinking funds). The carrying other like costs. A subsidiary record value of the investment (securities) ac- shall be kept of each issue outstanding. counted for on the equity method shall (h) This account shall include the be adjusted to recognize the company’s amount of cash and other assets which share of the earnings or losses and divi- are held by trustees or by the com- dends received or receivable of the af- pany’s treasurer in a distinct fund, for filiated company from the date of ac- the purpose of redeeming outstanding quisition. (Note also Account 1170, Re- obligations. Interest or other income ceivables, and Account 7300, Nonop- arising from funds carried in this ac- erating income and expense.) count shall generally be charged to (b) This account shall include the ac- this account. A subsidiary record shall quisition cost of the Company’s invest- be kept for each sinking fund which ment in securities issued or assumed shall designate the obligation in sup- by nonaffiliated companies and individ- port of which the fund was created.

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(i) This account shall include the (3) Cost of preliminary surveys, amount of all noncurrent assets which plans, investigation, etc., made for con- are not includable in paragraphs (a) struction projects under contempla- through (h) of this section. tion. If the projects are carried out, the (j) A subsidiary record shall be kept preliminary costs shall be included in identifying separately common stocks, the cost of the plant constructed. If the preferred stocks, long-term debt, ad- projects are abandoned, the prelimi- vances to affiliates, and investment ad- nary costs shall be charged to Account vances. A subsidiary record shall also 7300, Nonoperating income and expense. be kept identifying special deposits of (4) Cost of evaluations, inventories, cash for more than one year from the and appraisals taken in connection date of deposit. Further, the company’s with the acquisition or sale of prop- record shall identify the securities erty. If the property is subsequently pledged as collateral for any of the acquired, the preliminary costs shall be company’s long-term debt or short- accounted for as a part of the cost of term loans or to secure performance of acquisition, or if it is sold, such costs contracts. shall be deducted from the sale price in (k) Subsidiary record categories shall accounting for the property sold. If be maintained in order that the entity purchases or sales are abandoned, the may separately report the amounts preliminary costs included herein (in- contained herein that relate to the eq- cluding options paid, if any) shall be uity method and the cost method. Such charged to Account 7300. subsidiary record categories shall be (b) Charges provided for in paragraph reported as required by part 43 of this (a) of this section shall be included in chapter. this account only upon direction or ap- [67 FR 5682, Feb. 6, 2002] proval from this Commission. However, the company’s application to this Com- § 32.1438 Deferred maintenance and mission for such approval shall give retirements. full particulars concerning the prop- (a) This account shall include such erty retired, the extensive replace- items as: ments, the amount chargeable to oper- (1) The unprovided-for loss in service ating expenses and the period over value of telecommunications plant for which in its judgment the amount of extraordinary nonrecurring retirement such charges should be distributed. not considered in depreciation and the [51 FR 43499, Dec. 2, 1986, as amended at 67 cost of extensive replacements of plant FR 5683, Feb. 6, 2002] normally chargeable to the current period Plant Specific Operations Expense § 32.1500 Other jurisdictional assets— accounts. These charges shall be in- net. cluded in this account only upon direc- This account shall include the cumu- tion or approval from this Commission. lative impact on assets of jurisdic- However, the company’s application to tional ratemaking practices which this Commission for such approval vary from those of this Commission. shall give full particulars concerning All entries recorded in this account the property retired, the extensive re- shall be recorded net of any applicable placements, the amount chargeable to income tax effects and shall be sup- operating expenses and the period over ported by subsidiary records where nec- which in its judgment the amount of essary as provided for in § 32.13(e) of such charges should be distributed. subpart B. (2) Unaudited amounts and other debit balances in suspense that cannot § 32.2000 Instructions for tele- be cleared and disposed of until addi- communications plant accounts. tional information is received; the (a) Purpose of telecommunications plant amount, pending determination of loss, accounts. (1) The telecommunications of funds on deposit with banks which plant accounts (2001 to 2007 inclusive) have failed; revenue, expense, and in- are designed to show the investment in come items held in suspense; amounts the company’s tangible and intangible paid for options pending final disposi- telecommunications plant which ordi- tion. narily has a service life of more than

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one year, including such plant whether ing $2,000 or less or having a life of less used by the company or others in pro- than one year shall be charged to the viding telecommunications service. applicable expense accounts, except for (2) The telecommunications plant ac- personal computers falling within Ac- counts shall not include the cost or count 2124. Personal computers classifi- other value of telecommunications able to Account 2124, with a total cost plant contributed to the company. Con- for all components of $500 or less, shall tributions in the form of money or its be charged to the applicable Plant Spe- equivalent toward the construction of cific Operations Expense accounts. The telecommunications plant shall be cost of tools and test equipment lo- credited to the accounts charged with cated in the central office, classifiable the cost of such construction. Amounts to central office asset accounts 2210– of non-recurring reimbursements based 2232 costing $2,000 or less or having a on the cost of plant or equipment fur- life of less than one year shall be nished in rendering service to a cus- charged to the applicable Plant Spe- tomer shall be credited to the accounts cific Operations Expense accounts. If charged with the cost of the plant or the aggregate investment in the items equipment. Amounts received for con- is relatively large at the time of acqui- struction which are ultimately to be sition, such amounts shall be main- repaid wholly or in part, shall be cred- tained in an applicable material and ited to Account 4300, Other long-term supplies account until items are used. liabilities and deferred credits; when (b) Telecommunications plant acquired. final determination has been made as (1) Property, plant and equipment ac- to the amount to be returned, any quired from an entity, whether or not unrefunded amounts shall be credited affiliated with the accounting com- to the accounts charged with the cost pany, shall be accounted for at original of such construction. Amounts received cost, except that property, plant and for the construction of plant, the own- equipment acquired from a non- ership of which rests with or will re- affiliated entity shall be accounted for vert to others, shall be credited to the at acquisition cost if the purchase accounts charged with the cost of such price is less than $100,000 for Class A construction. (Note also Account 7100, companies or $25,000 for Class B compa- Other operating income and expense.) nies. (3) When telecommunications plant (2) The accounting for property, ordinarily having a service life of more plant and equipment to be recorded at than one year is installed for tem- original cost shall be as follows: porary use in providing telecommuni- (i) The amount of money paid (or cur- cations service, it shall be accounted rent money value of any consideration for in the same manner as plant having other than money exchanged) for the a service life of more than one year. property (together with preliminary This includes temporary installations expenses incurred in connection the ac- of plant (such as poles, wire and cable) quisition) shall be charged to Account installed to maintain service during 1438, Deferred maintenance, retire- the progress of highway reconstruction ments, and other deferred charges. or during interruptions due to storms (ii) The original cost, estimated if or other casualties, equipment used for not known, of telecommunications the training of operators, equipment plant, governmental franchises and used to provide intercepting positions other similar rights acquired shall be in central offices to handle traffic for a charged to the applicable tele- short period following extensive sys- communications plant accounts, Tele- tem changes and similar installations communications Plant Under Con- of property used to provide tele- struction, and Property Held For Fu- communications service. ture Telecommunications Use, as ap- (4) The cost of the individual items of propriate, and credited to Account 1439. equipment, classifiable to Accounts When the actual original cost cannot 2112, Motor vehicles; 2113, Aircraft; be determined and estimates are used, 2114, Tools and other work equipment; the company shall be prepared to fur- 2122, Furniture; 2123, Office equipment; nish the Commission with the particu- 2124, General purpose computers, cost- lars of such estimates.

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(iii) Accumulated Depreciation and such as worker’s compensation insur- amortization balances related to plant ance, payroll taxes, benefits and other acquired shall be credited to Account similar items of expense. 3100, Accumulated depreciation, or Ac- (iii) ‘‘Material and supplies’’ includes count 3200, Accumulated depreciation— the purchase price of material used at held for future telecommunications the point of free delivery plus the costs use, or Account 3410, Accumulated am- of inspection, loading and transpor- ortization—capitalized leases and deb- tation, and an equitable portion of pro- ited to Account 1438. Accumulated am- visioning expense. In determining the ortization balances related to plant ac- cost of material used, proper allowance quired which ultimately is recorded in shall be made for unused material, for Accounts 2005, Telecommunications material recovered from temporary plant adjustment, Account 2682, Lease- hold improvements, or Account 2690, structures used in performing the work Intangibles shall be credited to these involved, and for discounts allowed and asset accounts, and debited to Account realized in the purchase of material. 1438. This item does not include construc- (iv) Any amount remaining in Ac- tion material that is stolen or rendered count 1438, applicable to the plant ac- unusable due to vandalism. Such mate- quired, shall, upon completion of the rial should be charged to the applicable entries provided in paragraphs (b)(2)(i) plant specific operations expense ac- through (b)(2)(iii) of this section, be counts. debited or credited, as applicable, to (iv) ‘‘Transportation’’ includes the Account 2007, Goodwill, or to Account cost of transporting employees, mate- 2005, Telecommunications plant adjust- rial and supplies, tools and other work ment, as appropriate. equipment to and from the physical (3) A memorandum record shall be construction location. It includes kept showing the amount of contribu- amounts paid therefor to other compa- tions in aid of construction applicable nies or individuals and the cost of to the property acquired as shown by using the company’s own motor vehi- the accounts of the previous owner. cles or other transportation equip- (c) Cost of construction. (1) Tele- ment. communications plant represents an (v) ‘‘Contract work’’ includes economic resource which will be used amounts paid for work performed to provide future services, the cost of which will be allocated in a rational under contract or other agreement by and systematic manner to the future other companies, firms or individuals; periods in which it provides benefits. In engineering and supervision applicable accounting for construction costs, the to such work; cost incident to the utility shall charge to the tele- award of contracts; and the inspection communications plant accounts, where of such work. The cost of construction applicable, all direct and indirect work performed by affiliated compa- costs. nies and other details relating thereto (2) Direct and indirect costs shall in- shall be available from the work in clude, but not be limited to: progress and supporting records. (i) ‘‘Labor’’ includes the wages and (vi) ‘‘Protection’’ includes the cost of expenses of employees directly engaged protecting the company’s property in or in direct charge of construction from fire or other casualties and the work. It includes expenses directly re- cost of preventing damages to others or lated to an employee’s wages, such as the property of others. worker’s compensation insurance, pay- (vii) ‘‘Privileges, Permits, and Rights roll taxes, benefits and other similar of way’’ includes such costs incurred in items of expense. obtaining these privileges, permits, or (ii) ‘‘Engineering’’ includes the por- rights of way in connection with con- tion of the wages and expenses of engi- struction work, such as for use of pri- neers, draftsmen, inspectors, and their direct supervision applicable to con- vate property, streets or highways. The struction work. It includes expenses di- cost of such privileges and permits rectly related to an employee’s wages, shall be included in the cost of the

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work for which the privileges or per- plant due to fire or other casualty, in- mits are obtained, except for costs in- jury to or death of employees or oth- cludable in Account 2111, Land, and Ac- ers, damages to property of others, de- count 2690, Intangibles. falcations of employees and agents and (viii) ‘‘Taxes’’ includes taxes properly the non-performance of contractual ob- includable in construction costs before ligations of others. the facilities are completed for service, (xii) ‘‘Construction services’’ include which taxes are assessed separately the cost of telephone, electricity, from taxes on operating property or power, construction quarters, office under conditions that permit separate space and equipment directly related identification of the amount charge- to the construction project. able to construction. (xiii) ‘‘Indirect construction costs’’ (ix) ‘‘Special machine service’’ in- shall include indirect costs such as cludes the cost of labor expended, ma- general engineering, supervision and terials and supplies consumed and support. Such costs, in addition to di- other expenses incurred in the mainte- rect supervision, shall include indirect nance, operation and use of special and plant operations and engineering su- other labor saving machines (other pervision up to, but not including, su- than transportation equipment (such pervision by executive officers whose as trenching equipment, cable plows pay and expenses are chargeable to Ac- and pole setting trucks. Also included count 6720, General and administrative. are expenditures for rental, mainte- The records supporting the entries for nance and operation of such machines indirect construction costs shall be owned by others. When a construction kept so as to show the nature of the ex- job requires the purchase of special penditures, the individual jobs and ac- machines, the cost thereof, less the ap- counts charged, and the bases of the praised or salvage value at the time of distribution. The amounts charged to release from the job, shall be included each plant account for indirect costs in the cost of construction. shall be readily determinable. The in- (x) Allowance for funds used during structions contained herein shall not construction (‘‘AFUDC’’) provides for be interpreted as permitting the addi- the cost of financing the construction tion to plant of amounts to cover indi- of telecommunications plant. AFUDC rect costs based on arbitrary alloca- shall be charged to Account 2003, Tele- tions. communications plant under construc- (xiv) The cost of construction shall tion, and credited to Account 7300, not include any amounts classifiable as Nonoperating income and expense. The Corporate Operations Expense. rate for calculating AFUDC shall be de- (d) Telecommunications plant retired. termined as follows: If financing plans (1) Telecommunications plant accounts associate a specific new borrowing with shall at all times disclose the original an asset, the rate on that borrowing cost of all property in service. When may be used for the asset; if no specific any item of property subject to plant new borrowing is associated with an retirement accounting is worn out, asset or if the average accumulated ex- lost, sold, destroyed, abandoned, sur- penditures for the asset exceed the rendered upon lapse of title, becomes amounts of specific new borrowing as- permanently unserviceable, is with- sociated with it, the capitalization rate drawn or for any other reason is retired to be applied to such excess shall be from service, the plant accounts appli- the weighted average of the rates applicable to that item shall be credited cable to other borrowings of the enter- with the original cost of the plant re- prise. The amount of interest cost cap- tired whether replaced or not (except italized in an accounting period shall as provided for minor items in para- not exceed the total amount of interest graph (d)(2)(ii) of this section). Nor- cost incurred by the company in that mally, these retirement credits with period. respect to such plant as entire build- (xi) ‘‘Insurance’’ includes premiums ings, entire central offices, all plant paid specifically for protection against abandoned and any large sections of loss and damage in connection with the plant withdrawn from service, shall be construction of telecommunications entered in the accounts for the month

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in which use of the property ceased. capacity or more economical in oper- For any other plant withdrawn from ation), the excess cost of such a re- service, the retirement credits shall be placement, over the estimated cost at entered no later than the next suc- the then current prices of replacement ceeding month. Literal compliance without betterment of the minor items with the provision for timing of entries being retired, shall be charged to the with respect to property amounting to applicable telecommunications plant less than $50,000 retired under any one account. project is not required if an unreason- (3) The cost of property to be retired able amount of recordkeeping and esti- shall be the amount at which property mating of quantities, original costs and is included in the telecommunications salvage is necessary. The retirement plant accounts. However, when it is im- entry shall refer to the continuing practicable to determine the cost of property record, or records supple- each item due to the relatively large mental thereto, from which the cost number or small cost of such items, the was obtained (note also paragraph average cost of all the items covered by (d)(3) of this section). Every company an appropriate subdivision of the ac- shall establish procedures which will count shall be used in determining the ensure compliance with these require- cost to be assigned to such items when ments. retired. The method used in deter- (2) To avoid undue refinement, depre- mining average cost must give due re- ciable telecommunications plant shall gard to the quantity, vintage, size and be accounted for as follows: kind of items, the area in which they (i) Retirement units: This group in- were installed and their classification cludes major items of property, a rep- in other respects. Average cost may be resentative list of which shall be pre- applied in retirement of such items as scribed by this Commission. In lieu of poles, wire, cable, cable terminals, con- the retirement units prescribed with duit and booths. Any company may use respect to a particular account, a com- average cost of property installed in a pany may, after obtaining specific ap- year or band of years as approved by proval by this Commission, establish the Commission. It should be under- and maintain its own list of retirement units for a portion or all of the plant in stood, however, that the use of average any such account. For items included costs shall not relieve the company of on the retirement units list, the origi- the requirement for maintaining its nal cost of any such items retired shall continuing property records to show, be credited to the plant account and where practicable, dates of installation charged to Account 3100 Accumulated and removal for purposes of mortality Depreciation, whether or not replaced. studies. (See § 32.2000(f) of this subpart, The original cost of retirement units Standard Practices for Establishing installed in place of property retired and Maintaining Continuing Property shall be charged to the applicable tele- Records.) communications plant account. (4) The accounting for the retirement (ii) Minor items: This group includes of property, plant and equipment shall any part or element of plant which is be as provided above except that not designated as a retirement unit. amounts in Account 2111, Land, and The original cost of a minor item of amounts for works of art recorded in property when included in the specific Account 2122, Furniture, shall be treat- or average cost for a retirement unit or ed at disposition as a gain or loss and units requires no separate credit to the shall be credited or debited to Account telecommunications plant account 7100, Other operating income and ex- when such a minor item is retired. The pense, as applicable. If land or artwork cost of replacement shall be charged to is retained by the company and held the account applicable for the cost of for sale, the cost shall be charged to repairs of the property. However, if the Account 2006, Nonoperating plant. replacement effects a substantial bet- (5) When the telecommunications terment (the primary aim of which is plant is sold together with traffic asso- to make the property affected more ciated therewith, the original cost of useful, of greater durability, of greater the property shall be credited to the

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applicable plant accounts and the esti- the balance sheet Account 2001, Tele- mated amounts carried with respect communications Plant In Service, Ac- thereto in the accumulated deprecia- count 2002, Property Held for Future tion and amortization accounts shall Telecommunications Use, and Account be charged to such accumulated ac- 2006, Nonoperating Plant. counts. The difference, if any, between (5) The company shall notify the the net amount of such debit and credit Commission of a plan for the basic items and the consideration received property record as follows: (less commissions and other expenses (i) Not later than June 30 of the year of making the sale) for the property following that in which it becomes sub- shall be included in Account 7300, Non- ject to this system of accounts, the operating income and expense. The ac- company shall file with the Commis- counting for depreciable telecommuni- sion two (2) copies of a complete plan cations plant sold without the traffic of the method to be used in the com- associated therewith shall be in accord- pilation of a basic property record with ance with the accounting provided in respect to each class of property. The § 32.3100(c). plan shall include a list of proposed ac- (e) Basic property records. (1) The counting areas accompanied by de- basic property records are that portion scription of the boundaries of each area of the total property accounting sys- as defined in accordance with the re- tem which preserves the following de- quirements of § 32.2000(f)(1) (i) and (ii) tailed information: of this subpart. The plan shall also in- (i) The identity, vintage, location clude a list of property record units and original cost of units of property; proposed for use under each regulated (ii) Original and ongoing trans- plant account. These property record actional data (plant account activity) units shall be selected such that the rein terms of such units; and quirements of § 32.2000(f)(2) (i), (ii) and (iii) Any other specific financial and (iii) of this subpart can be satisfied. cost accounting information not prop- (ii) The company shall submit to the erly warranting separate disclosure as Commission one copy of any major pro- an account or subaccount but which is posed changes in its basic property needed to support regulatory, cost, tax, record plan at least 30 days before the management and other specific ac- effective date of the proposed changes. counting information needs and requirements. (6) The company shall prepare and (2) The basic property records must maintain the basic property record as be: (i) Subject to internal accounting follows: controls, (ii) auditable, (iii) equal in (i) Not later than June 30 of the year the aggregate to the total investment following that in which the company reflected in the financial property con- becomes subject to this system of ac- trol accounts as well as the total of the counts, begin the preparation of a basic cost allocations supporting the deter- property record. mination of cost-of-service at any par- (ii) Complete within two years of the ticular point in time, and (iv) main- prescribed beginning date, basic prop- tained throughout the life of the property records for all property as of the erty. end of the preceding calendar year. (3) The basic property records shall (iii) Promptly process in the basic consist of (i) continuing property property records all property changes records and (ii) records supplemental affecting periods subsequent to initial thereto which together reveal clearly, establishment of the basic property by accounting area, the detailed and record. systematically summarized informa- (7) The basic property record compo- tion necessary to meet fully the re- nents (see paragraph (c) of this section) quirements of paragraphs (e)(1) and shall be arranged in conformity with (e)(2) of this section. the regulated plant accounts prescribed (4) Companies shall establish and in this section of accounts as follows: maintain basic property records for (i) The continuing property records each class of property recorded in the shall be compiled on the basis of origi- several plant accounts which comprise nal cost (or other book cost consistent

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with this system of accounts). The con- rately, classified by size and type with tinuing property records shall be main- the amount of original cost (or other tained as prescribed in § 32.2000(f)(2)(iii) appropriate book cost) associated with of this subpart in such manner as will such units. When a list of property meet the following basic objectives: record units has been accepted by the (A) Provide for the verification of Commission, they shall become the property record units by physical ex- units referred to in this statement of amination. standard practices. Such units shall (B) Provide for accurate accounting apply to only the regulated portion of for retirements. this system of accounts. (C) Provide data for use in connec- (ii) When it is found necessary to re- tion with depreciation studies. vise this list because of the addition of (ii) The records supplemental to the units used in providing new types of continuing property records shall dis- service, or new units resulting from close such service designations, usage improvements in technology, or be- measurement criteria, apportionment cause of the grouping or elimination of factors, or other data as may be pre- units which no longer merit separate scribed by the Commission in this part recognition as property record units, or other parts of its Rules and Regula- one copy of such changes shall be sub- tions. Such data are subject to the mitted to the Commission. Upon appro- same general controls and standards priate showing by the company, the for auditability and support as are all Commission may specifically exempt other elements of the basic property the company from these filing require- records. ments. (f) Standard practices for establishing (iii) The continuing property record and maintaining continuing property shall reveal the description, location, records—(1) Accounting area. (i) The date of placement, the essential details continuing property record, as related of construction, and the original cost to each primary plant account, shall be (note also § 32.2000(f)(3) of this subpart) established and maintained by sub- of the property record units. The con- accounts for each accounting area. An tinuing property record and other un- accounting area is the smallest territory of the company for which account- derlying records of construction costs ing records of investment are main- shall be so maintained that, upon retained for all plant accounts within the tirement of one or more retirement area. Areas already established for ad- units or of minor items without re- ministrative, accounting, valuation, or placement when not included in the other purposes may be adopted for this costs of retirement units, the actual purpose when appropriate. In no case cost or a reasonably accurate estimate shall the boundaries of accounting of the cost of the plant retired can be areas cross either State lines or bound- determined. aries prescribed by the Commission. (3) Methods of determining original cost (ii) In determining the limit of each of property record units. The original area, consideration shall be given to cost of the property record units shall the quantities of property, construc- be determined by analyses of the con- tion conditions, operating districts, struction costs incurred as shown by county and township lines, taxing dis- completion reports and other data, ac- trict boundaries, city limits, and other cumulated in the respective construc- political or geographical limits, in tion work orders or authorizations. order that the area adopted may have Costs shall be allocated to and associ- maximum adaptability, within the con- ated with the property record units to fines of practicability, for both the facilitate accounting for retirements. company’s purpose and those of Fed- The original cost of property record eral, State, and municipal authorities. units shall be determined by unit iden- (2) Property record units. (i) In each of tification or averaging as described in the established accounting areas, the paragraphs (f)(3) (i) and (ii) of this sec- ‘‘property record units’’ which are to tion. be maintained in the continuing prop- (i) Unit identification. Cost shall be erty record shall be set forth sepa- identified and maintained by specific

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location for property record units con- cation of the property within each ac- tained within certain regulated plant counting area in such manner that it accounts or account groupings such as can be readily spot-checked for proof of Land, Buildings, Central Office Assets, physical existence, the accounting Motor Vehicles, garage work equip- company’s number or designation, and ment included in Account 2114, Tools any other description used in connec- and other work equipment, and Fur- tion with the determination of the niture. In addition, units involved in original cost. Descriptions of units of any unusual or special type of con- similar size and type shall follow pre- struction shall be recorded by their scribed groupings. specific location costs (note also (6) Reinstalled units. When units to § 32.2000(f)(3)(ii)(B)). which average costs are not applied, (ii) Averaging. (A) Average costs may i.e., specific and fixed location units, be developed for plant consisting of a are removed or retired and subse- large number of similar units such as quently reinstalled, the date when the terminal equipment, poles, wire, cable, unit was first charged to the appro- cable terminals, conduit, furniture, and priate plant account shall, when re- work equipment. Units of similar size quired for adequate service life studies and type within each specified account- and reasonably accurate retirement ac- ing area and regulated plant account counting, be shown in addition to the may be grouped. Each such average date of reinstallation. cost shall be set forth in the con- (7) Age and service life of property. The tinuing property record of the units continuing property record shall dis- with which it is associated. close the age of existing property and (B) The averaging of costs permitted the supporting records shall disclose under the provisions of the foregoing the service life of property retired. Ex- paragraph is restricted to plant in- ceptions from this requirement for any stalled in a particular vintage or band property record unit shall be submitted of years incurred within an accounting to the Commission for approval. area. This paragraph does not permit (8) Reference to sources of information. the inclusion of the cost of units in- There shall be shown by appropriate volved in any unusual or special type reference the source of all entries. All of construction. The units involved in drawings, computations, and other de- such unusual or special type of con- tailed records which support quantities struction shall be recorded at cost by and costs or estimated costs shall be location. retained as a part of or in support of (4) Estimates. In cases where the ac- the continuing property record. tual original cost of property cannot be (9) Jointly owned property. (i) With re- ascertained, such as pricing an inven- spect to jointly owned property, there tory for the initial entry of a con- shall be shown in the continuing prop- tinuing property record or the pricing erty record or records supplemental of an acquisition for which a con- thereto: tinuing property record has not been (A) The identity of all joint owners. maintained, the original cost may be (B) The percentage owned by the ac- estimated. Any estimated original cost counting company. shall be consistent with the accounting (ii) When regulated plant is con- practices in effect at the time the prop- structed under arrangements for joint erty was constructed. ownership, the amount received by the (5) Identification of property record constructing company from the other units. There shall be shown in the con- joint owner or owners shall be credited tinuing property record or in record as a reduction of the gross cost of the supplements thereof, a complete de- plant in place. scription of the property records units (iii) When a sale of a part interest in in such detail as to identify such units. regulated plant is made, the fractional The description shall include the iden- interest sold shall be treated as a re- tification of the work order under tirement and the amount received shall which constructed, the year of installa- be treated as salvage. The continuing tion (unless not determinable per property record or records supple- § 32.2000(f)(4) of this subpart, specific lo- mental thereto shall be so maintained

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as to identify separately retirements of (iii) Charges for currently accruing this nature from physical retirements depreciation shall be made monthly to of jointly owned plant. the appropriate depreciation accounts, (iv) If jointly owned regulated prop- and corresponding credits shall be erty is substantial in relation to the made to the appropriate depreciation total of the same kind of regulated reserve accounts. Current monthly property owned wholly by the com- charges shall normally be computed by pany, such jointly owned regulated the application of one-twelfth of the property shall be appropriately seg- annual depreciation rate to the month- regated in the continuing property ly average balance of the associated record. category of plant. The average month- (g) Depreciation accounting—(1) Com- ly balance shall be computed using the putation of depreciation rates. (i) Unless balance as of the first and last days of otherwise provided by the Commission, the current month. either through prior approval or upon (iv) In certain circumstances and prescription by the Commission, depre- upon prior approval of this Commis- ciation percentage rates shall be com- sion, monthly charges may be deter- puted in conformity with a group plan mined in total or in part through the of accounting for depreciation and use of other methods whereby selected shall be such that the loss in service plant balances or portions thereof are value of the property, except for losses ratably distributed over periods pre- excluded under the definition of depre- scribed by this Commission. Such cir- ciation, may be distributed under the cumstances could include but not be straight-line method during the service limited to factors such as the existence life of the property. of reserve deficiencies or surpluses, (ii) In the event any composite per- types of plant that will be completely centage rate becomes no longer appli- retired in the near future, and changes cable, revised composite percentage in the accounting for plant. Where al- rates shall be computed in accordance ternative methods have been used in with paragraph (g)(1)(i) of this section. accordance with this subparagraph, (iii) The company shall keep such such amounts shall be applied sepa- records of property and property retire- rately or in combination with rates de- ments as will allow the determination termined in accordance with paragraph of the service life of property which has (g)(2)(ii) of this section. been retired, or facilitate the deter- (3) Acquired depreciable plant. When mination of service life indications by acquired depreciable plant carried in mortality, turnover, or other appro- Account 1438, Deferred maintenance, priate methods. Such records will also retirements and other deferred charges, allow the determination of the percent- is distributed to the appropriate plant age of salvage value and cost of re- accounts, adjusting entries shall be moval for property retired from each made covering the depreciation class of depreciable plant. charges applicable to such plant for the (2) Depreciation charges. (i) A separate period during which it was carried in annual percentage rate for each depre- Account 1438. ciation category of telecommuni- (4) Plant Retired for Nonrecurring cations plant shall be used in com- Factors not Recognized in Depreciation puting depreciation charges. Rates. (ii) Companies, upon receiving prior (i) A retirement will be considered as approval from this Commission, or, nonrecurring (extraordinary) only if upon prescription by this Commission, the following criteria are met: shall apply such depreciation rate, ex- (A) The impending retirement was cept where provisions of paragraph not adequately considered in setting (g)(2)(iv) of this section apply, as will past depreciation rates. ratably distribute on a straight line (B) The charging of the retirement basis the difference between the net against the reserve will unduly deplete book cost of a class or subclass of plant that reserve. and its estimated net salvage during (C) The retirement is unusual such the known or estimated remaining that similar retirements are not likely service life of the plant. to recur in the future.

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(5) Upon direction or approval from useful life may be based on the upper this Commission, the company shall or lower limits even though a fixed ex- credit Account 3100, Accumulated De- istence is not determinable. However, preciation, and charge Account 1438, the period of amortization shall not ex- Deferred Maintenance, retirements and ceed forty years. other deferred charges, with the (2) In the event any estimated useful unprovided-for loss in service value. life becomes no longer applicable, a re- Such amounts shall be distributed from vised estimated useful life shall be de- Account 1438 to Account 6561, Deprecia- termined in accordance with paragraph tion expense—Telecommunications (h)(1) of this section. plant in service, or Account 6562, De- (3) Amortization charges shall be preciation expense—property held for made monthly to the appropriate am- future telecommunications use, over ortization expense accounts and cor- such period as this Commission may direct or approve. responding credits shall be made to ac- (h) Amortization accounting. (1) Unless counts 2005, 2682, 2690, and 3410, as ap- otherwise provided by this Commis- propriate. Monthly charges shall be sion, either through approval, or upon computed by the application of one- prescription by this Commission, amor- twelfth to the annual amortization tization shall be computed on the amount. straight-line method, i.e., equal annual (4) The company shall keep such amounts shall be applied. The cost of records as will allow the determination each type asset shall be amortized on of the useful life of the asset. the basis the estimated life of that (i) [Reserved] asset and shall not be written off in the (j) Plant Accounts to be Maintained accounting period in which the asset is by Class A and Class B telephone com- acquired. A reasonable estimate of the panies as indicated:

Class A Class B Account title account account

Regulated plant Property, plant and equipment: Telecommunications plant in service ...... 1 2001 1 2001 Property held for future telecommunications use ...... 2002 2002 Telecommunications plant under construction-short term ...... 2003 2003 Telecommunications plant adjustment ...... 2005 2005 Nonoperating plant ...... 2006 2006 Goodwill ...... 2007 2007 Telecommunications plant in service (TPIS) TPIS—General support assets: Land and support assets ...... 2110 Land ...... 2111 Motor vehicles ...... 2112 Aircraft ...... 2113 ...... Tools and other work equipment ...... 2114 Buildings ...... 2121 Furniture ...... 2122 Office equipment ...... 2123 General purpose computers ...... 2124 TPIS—Central Office assets: Central Office—switching ...... 2210 Non-digital switching ...... 2211 Digital electronic switching ...... 2212 Operator systems ...... 2220 2220 Central Office—transmission ...... 2230 Radio systems ...... 2231 Circuit equipment ...... 2232 TPIS—Information origination/termination assets: Information origination termination ...... 2310 Station apparatus ...... 2311 Customer premises wiring ...... 2321 Large private branch exchanges ...... 2341 Public telephone terminal equipment ...... 2351 Other terminal equipment ...... 2362 TPIS—Cable and wire facilities assets: Cable and wire facilities ...... 2410 Poles ...... 2411

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Class A Class B Account title account account

Aerial cable ...... 2421 Underground cable ...... 2422 Buried cable ...... 2423 Submarine and deep sea cable ...... 2424 Intrabuilding network cable ...... 2426 Aerial wire ...... 2431 Conduit systems ...... 2441 TPIS—Amortizable assets: Amortizable tangible assets ...... 2680 Capital leases ...... 2681 Leasehold improvements ...... 2682 Intangibles ...... 2690 2690 1 Balance sheet summary account only.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987; 53 FR 30059, Aug. 10, 1988; 59 FR 46930, Sept. 13, 1994; 60 FR 12138, Mar. 6, 1995; 62 FR 39451, July 23, 1997; 64 FR 50007, Sept. 15, 1999; 67 FR 5683, Feb. 6, 2002; 69 FR 53648, Sept. 2, 2004]

§ 32.2001 Telecommunications plant in date on which the project was begun. service. There may also be charged directly to This account shall include the origi- the plant accounts the cost of any con- nal cost of the investment included in struction project for which the gross Accounts 2110 through 2690. additions to plant are estimated to amount to less than $100,000. § 32.2002 Property held for future tele- (c) If a construction project has been communications use. suspended for six months or more, the (a) This account shall include the cost of the project included in this ac- original cost of property owned and count may remain in this account so held for no longer than two years under long as the carrier excludes the origi- a definite plan for use in telecommuni- nal cost and associated depreciation cations service. If at the end of two from its ratebase and ratemaking con- years the property is not in service, the siderations and reports those amounts original cost of the property may rein reports filed with the Commission main in this account so long as the car- pursuant to §§ 43.21(e)(1) and 43.21(e)(2) rier excludes the original cost and as- of this chapter. If a project is aban- sociated depreciation from its ratebase and ratemaking considerations and re- doned, the cost included in this ac- port those amounts in reports filed count shall be charged to Account 7300, with the Commission pursuant to Nonoperating income and expense. 43.21(e)(1) and 43.21(e)(2) of this chapter. (d) When any telecommunications (b) Subsidiary records shall be main- plant, the cost of which has been in- tained to show the character of the cluded in this account, is completed amounts carried in this account. ready for service, the cost thereof shall be credited to this account and charged [65 FR 16334, Mar. 28, 2000] to the appropriate telecommunications § 32.2003 Telecommunications plant plant or other accounts. under construction. [51 FR 43499, Dec. 2, 1986, as amended at 60 (a) This account shall include the FR 12138, Mar. 6, 1995; 64 FR 50007, Sept. 15, original cost of construction projects 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5685, (note also § 32.2000(c)) of this part and Feb. 6, 2002] the cost of software development projects that are not yet ready for § 32.2005 Telecommunications plant their intended use. adjustment. (b) There may be charged directly to (a) This account shall include the appropriate plant accounts the cost amounts determined in accordance of any construction project which is es- with § 32.2000(b) of this subpart rep- timated to be completed and ready for resenting the difference between (1) the service within two months from the

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fair market value of the telecommuni- § 32.2006 Nonoperating plant. cations plant acquired, plus prelimi- (a) This account shall include the nary expenses incurred in connection company’s investment in regulated with the acquisition; and (2) the origi- property which is not includable in the nal cost of such plant, governmental plant accounts as operating tele- franchises and similar rights acquired, communications plant. It shall include less the amounts of reserve require- the company’s investment in tele- ments for depreciation and amortiza- communications property held for sale. tion of the property acquired. If the ac- (Note also Account 1406, Nonregulated tual original cost is not known, the en- Investments.) tries in this account shall be based (b) Subsidiary records shall be main- upon an estimate of such costs. tained to show the character of the (b) The amounts recorded in this ac- amounts carried in this account. count with respect to each property acquisition (except land and artworks) § 32.2007 Goodwill. shall be disposed of, written off, or pro- (a) This account shall include any vision shall be made for the amortiza- portion of the plant purchase price tion thereof, as follows: that cannot be assigned to specifically (1) Debit amounts may be charged in identifiable property acquired and such whole or in part, or amortized over a amount should be identified as ‘‘good- reasonable period through charges to will’’. Such amounts included in this Account 7300, Nonoperating income and account shall be amortized to Account expense, without further direction or 7300, Nonoperating income and expense, approval by this Commission. When on a straight line basis over the re- specifically approved by this Commis- maining life of the acquired plant, not sion, or when the provisions of para- to exceed 40 years. graph (b)(3) of this section apply, debit (b) The amounts included in this ac- amounts shall be amortized to Account count shall be maintained to show the 6565, Amortization expense—other. nature of each amount. (2) Credit amounts shall be disposed [51 FR 43499, Dec. 2, 1986, as amended at 67 of in such manner as this Commission FR 5686, Feb. 6, 2002] may approve or direct, except for credit amounts referred to in paragraph § 32.2110 Land and support assets. (b)(4) of this section. This account shall be used by Class B (3) The amortization associated with companies to record the original cost the costs recorded in the Tele- of land and support assets of the type communications plant adjustment ac- and character required of Class A com- count will be charged or credited, as panies in Accounts 2111 through 2124. appropriate, directly to this asset account, leaving a balance representing § 32.2111 Land. the unamortized cost. (a) This account shall include the (4) Within one year from the date of original cost of all land held in fee and inclusion in this account of a debit or of easements, and similar rights in credit amount with respect to a cur- land having a term of more than one rent acquisition, the company may dis- year used for purposes other than the pose of the total amount from an ac- location of outside plant (see Accounts quisition of telephone plant by a lump- 2411 through 2441) or externally mount- sum charge or credit, as appropriate, to ed central office equipment (see Ac- Account 6565 without further approval counts 2211 and 2212). It shall also include special assessments upon land for of this Commission, provided that such the construction of public improve- amount does not exceed $100,000 and ments. that the plant was not acquired from (b) When land, together with build- an affiliated company. ings thereon, is acquired, the original [51 FR 43499, Dec. 2, 1986, as amended at 67 cost shall be fairly apportioned be- FR 5685, Feb. 6, 2002; 69 FR 53648, Sept. 2, tween the land and the buildings and 2004] accounted for accordingly. If the plan

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of acquisition contemplates the re- equipment and furnishings installed as moval of buildings, the total cost of an integral part of the aircraft. the land and buildings shall be accounted for as the cost of the land, and § 32.2114 Tools and other work equip- the salvage value of the buildings when ment. disposed of shall be deducted from the This account shall include the origi- cost of the land so determined. nal cost of special purpose vehicles and (c) Annual or more frequent pay- the original cost of tools and equip- ments for use of land shall be recorded ment used to maintain special purpose in the rent subsidiary record category vehicles and items included in Ac- for Account 6121, Land and Building counts 2112 and 2113. This account shall Expense. also include the original cost of power- (d) When land is acquired for which operated equipment, general purpose there is not a definite plan for its use tools, and other items of work equip- in telecommunications service, its ment. costs shall be included in Account 2006, Nonoperating Plant. [64 FR 50007, Sept. 15, 1999] (e) When land is acquired in excess of that required for telecommunications § 32.2121 Buildings. purposes, the cost of such excess land (a) This account shall include the shall be included in Account 2006. original cost of buildings, and the cost (f) Installments of assessments for of all permanent fixtures, machinery, public improvement, including inter- appurtenances and appliances installed est, if any, which are deferred without as a part thereof. It shall include costs option to the company shall be in- incident to the construction or pur- cluded in this account only as they be- chase of a building and to securing pos- come due and payable. Interest on as- session and title. sessments which are not paid when due (b) When land, together with the shall be included in Account 7500, In- buildings thereon, is acquired, the terest and related items. original cost shall be fairly appor- (g) When land is purchased for imme- tioned between the land and buildings, diate use in a construction project, its and the amount applicable to the build- cost shall be included in Account 2003, ings shall be included in this account. Telecommunications plant under con- The amount applicable to the land struction, until such time as the shall be included in Account 2111, project involved is completed and Land. ready for service. (c) This account shall not include the (h) The original cost of leaseholds, cost of any telephone equipment or easements, rights of way, and similar wiring apparatus for generating or con- rights in land having a term of more trolling electricity for operating the than one year and not includable in Ac- telephone system. count 2111 shall be included in the accounts for outside plant or externally § 32.2122 Furniture. mounted central office equipment in This account shall include the origi- connection with which the rights were nal cost of furniture in offices, store- acquired. rooms, shops, and all other quarters. [51 FR 43499, Dec. 2, 1986, as amended at 67 This account shall also include the cost FR 5686, Feb. 6, 2002] of objects which possess aesthetic value, are of original or limited edi- § 32.2112 Motor vehicles. tion, and do not have a determinable This account shall include the origi- useful life. The cost of any furniture nal cost of motor vehicles of the type attached to and constituting a part of which are designed and routinely li- a building shall be charged to account censed to operate on public streets and 2121, Buildings. highways. § 32.2123 Office equipment. § 32.2113 Aircraft. This account shall include the origi- This account shall include the original cost of office equipment in offices, nal cost of aircraft and any associated shops and all other quarters. The cost

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of any equipment attached to and con- sistance function and equipment which stituting a part of a building shall be is an integral part thereof. It does not charged to Account 2121, Buildings. exclude equipment used solely for the [51 FR 43499, Dec. 2, 1986, as amended at 67 recording of calling telephone numbers FR 5686, Feb. 6, 2002] in connection with customer dialed charged traffic, dial tandem switch- § 32.2124 General purpose computers. boards and special service switchboards (a) This account shall include the used in conjunction with private line original cost of computers and periph- service; such equipment shall be classi- eral devices which are designed to per- fied to the particular switch that if form general administrative informa- serves. tion processing activities. [51 FR 43499, Dec. 2, 1986, as amended at 67 (b) Administrative information proc- FR 5686, Feb. 6, 2002] essing includes but is not limited to activities such as the preparation of fi- § 32.2212 Digital electronic switching. nancial, statistical, or other business (a) This account shall include the analytical reports; preparation of pay- original cost of stored program control roll, customer bills, and cash manage- digital switches and their associated ment reports, and other records and re- equipment. Included in this account ports not specifically designed for test- are digital switches which utilize ei- ing, diagnosis, maintenance or control ther dedicated or non-dedicated cir- of the telecommunications network fa- cuits. This account shall also include cilities. the cost of remote digital electronic (c) [Reserved] switches. The investment in digital (d) This account does not include the electronic switching equipment shall cost of computers and their associated be maintained in the following sub- peripheral devices associated with accounts: 2212.1 Circuit and 2212.2 switching, network signaling, network Packet. operations, or other specific telecommunications plant. Such com- (b) This subaccount 2212.1 Circuit puters and peripherals shall be classi- shall include the original cost of dig- fied to the appropriate switching, net- ital electronic switching equipment work signaling, network expense, or used to provide circuit switching. Cir- other plant account. cuit switching is a method of routing traffic through a switching center, [51 FR 43499, Dec. 2, 1986, as amended at 64 from local users or from other switch- FR 50007, Sept. 15, 1999] ing centers, whereby a connection is established between the calling and § 32.2210 Central office—switching. called stations until the connection is This account shall be used by Class B released by the called or calling sta- companies to record the original cost tion. of switching assets of the type and (c) This subaccount 2212.2 Packet character required of Class A compa- shall include the original cost of dig- nies in Accounts 2211 through 2212. ital electronic switching equipment [67 FR 5686, Feb. 6, 2002] used to provide packet switching. Packet switching is the process of § 32.2211 Non-digital switching. routing and transferring information (a) This account shall include: by means of addressed packets so that (1) Original cost of stored program a channel is occupied during the trans- control analog circuit-switching and mission of the packet only, and upon associated equipment. completion of the transmission the (2) Cost of remote analog electronic channel is made available for the circuit switches. transfer of other traffic. (3) Original cost of non-electronic (d) Digital electronic switching circuit-switching equipment such as equipment used to provide both circuit Step-by-Step, Crossbar, and Other and packet switching shall be recorded Electro-Mechanical Switching. in the subaccounts 2212.1 Circuit and (b) Switching plant excludes switch- 2212.2 Packet based upon its predomi- boards which perform an operator as- nant use.

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(e) Switching plant excludes switch- (b) This account shall also include boards which perform an operator as- the original cost of radio equipment sistance function and equipment which used to provide radio communication is an integral part thereof. It does not channels. Radio equipment is that exclude equipment used solely for the equipment which is used for the gen- recording of calling telephone numbers eration, amplification, propagation, rein connection with customer dialed ception, modulation, and demodulation charged traffic, dial tandem switch- of radio waves in free space over which boards and special service switchboards communication channels can be pro- used in conjunction with private line vided. This account shall also include service; such equipment shall be classi- the associated carrier and auxiliary fied to the particular switch that it equipment and patch bay equipment serves. which is an integral part of the radio equipment. Such equipment may be lo- [51 FR 43499, Dec. 2, 1986, as amended at 67 cated in central office building, ter- FR 5686, Feb. 6, 2002] minal room, or repeater stations or § 32.2220 Operator systems. may be mounted on towers, masts, or other supports. (a) This account shall include the original cost of those items of equip- [67 FR 5686, Feb. 6, 2002] ment used to assist subscribers in utilizing the network and equipment used § 32.2232 Circuit equipment. in the provision of directory assist- (a) This account shall include the ance, call intercept, and other operator original cost of equipment which is assisted call completion activities. used to reduce the number of physical (b) This account does not include pairs otherwise required to serve a equipment used solely for the recording given number of subscribers by uti- of calling telephone numbers in con- lizing carrier systems, concentration nection with customer dialed charged stages or combinations of both. It shall traffic, dial tandem switchboards and include equipment that provides for si- special service switchboards used in multaneous use of a number of inter- conjunction with private line service; office channels on a single trans- such equipment shall be classfied to mission path. This account shall also the particular switch that it serves. include equipment which is used for the amplification, modulation, regen- [51 FR 43499, Dec. 2, 1986, as amended at 59 eration, circuit patching, balancing or FR 46930, Sept. 13, 1994] control of signals transmitted over § 32.2230 Central office—transmission. interoffice communications transmission channels. This account shall This account shall be used by Class B include equipment which utilizes the companies to record the original cost message path to carry signaling infor- of radio systems and circuit equipment mation or which utilizes separate chan- of the type and character required of nels between switching offices to trans- Class A companies in Accounts 2231 and mit signaling information independent 2232. of the subscribers’ communication paths or transmission channels. This § 32.2231 Radio systems. account shall also include the original (a) This account shall include the cost of associated material used in the original cost of ownership of radio construction of such plant. Circuit transmitters and receivers. This ac- equipment may be located in central count shall include the original cost of offices, in manholes, on poles, in cabi- ownership interest in satellites (includ- nets or huts, or at other company loca- ing land-side spares), other spare parts, tions. The investment in circuit equip- material and supplies. It shall include ment shall be maintained in the fol- launch insurance and other satellite lowing subaccounts: 2232.1 Electronic launch costs. This account shall also and 2232.2 Optical. include the original cost of earth sta- (b) This subaccount 2232.1 Electronic tions and spare parts, material or sup- shall include the original cost of elec- plies therefor. tronic circuit equipment.

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(c) This subaccount 2232.2 Optical (d) Operator head sets and transmit- shall include the original cost of opti- ters in central offices and at private cal circuit equipment. branch exchanges, and test sets such as (d) Circuit equipment that converts those used by wire chiefs, outside plant electronic signals to optical signals or technicians, and others, shall be in- optical signals to electronic signals cluded in Account 2114, Tools and other shall be categorized as electronic. work equipment, Account 2220, Oper- (e) This account excludes carrier and ator systems, or Account 2341, Large auxiliary equipment and patch bays Private Branch Exchanges, as appro- which are includable in Account 2231.2, priate. Other Radio Facilities. This account (e) Station apparatus for company of- also excludes such equipment which is ficial use shall be included in Account an integral component of a major unit 2123, Office Equipment. which is classifiable to other accounts. (f) Periodic asset verification, as pre- (f) Subsidiary record categories shall scribed by generally accepted account- be maintained in order that the coming principles, shall be taken of all sta- pany may separately report the tion apparatus in stock that are in- amounts contained herein that relate cluded in this account. The number of to digital and analog. Such subsidiary such station apparatus items as deter- record categories shall be reported as mined by this verification together required by part 43 of this Commis- with the number of all other station sion’s Rules and Regulations. apparatus items included in this ac- [51 FR 43499, Dec. 2, 1986, as amended at 67 count, shall be compared with the cor- FR 5686, Feb. 6, 2002] responding number of station apparatus items as shown by the respective § 32.2310 Information origination/ter- control records. The original cost of mination. any unreconciled differences thereby This account shall be used by Class B disclosed shall be adjusted through Ac- companies to record the original cost count 3100, Accumulated Depreciation. of information origination/termination Appropriate verifications shall be made equipment of the type and character at suitable intervals and necessary ad- required of Class A companies in Ac- justments between this account and counts 2311 through 2362. Account 3100 shall be made for all station apparatus included in this ac- § 32.2311 Station apparatus. count. (a) This account shall include the (g) Items of station apparatus in original cost of station apparatus, in- stock for which no further use in the cluding teletypewriter equipment, tele- ordinary conduct of the business is phone and miscellaneous equipment, contemplated, but which as a pre- small private branch exchanges and cautionary measure are held for pos- radio equipment (excluding mobile), in- sible future contingencies instead of stalled for customer’s use. Items in- being discarded shall be excluded from cluded in this account shall remain this account and included in Account herein until finally disposed of or until 1220, Inventories. used in such manner as to warrant in- (h) Embedded CPE is that equipment clusion in other accounts. or inventory which was tariffed or oth- (b) Each company shall prepare a list erwise subject to the jurisdictional sep- of station apparatus which shall be arations process as of January 1, 1983. used as its list of disposition units for [51 FR 43499, Dec. 2, 1986, as amended at 52 this account, the cost of which when fi- FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, nally disposed of shall be credited to 1987; 59 FR 46930, Sept. 13, 1994; 64 FR 50007, this account and charged to Account Sept. 15, 1999; 67 FR 5687, Feb. 6, 2002] 3100, Accumulated Depreciation. (c) The cost of cross-connection § 32.2341 Large private branch ex- boxes, distributing frames or other dis- changes. tribution points which are installed to (a) This account shall include the terminate intrabuilding network cable original cost, including the cost of in- shall be charged to Account 2426, stallation, of multiple manual private Intrabuilding Network Cable. branch exchanges and of dial system

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private branch exchanges of types de- include the labor and minor materials signed to accommodate 100 or more costs of installing the public telephone lines or which can normally be ex- equipment or premises wiring. These panded to 100 or more lines, installed costs as well as the cost of replacing a for customers’ use. This account shall public telephone shall be charged to also include the original cost of other Account 6351 Public Telephone Ter- large installations of station equip- minal Equipment Expense. The labor ment: (1) Which do not constitute sta- and minor materials costs of removal tions, (2) which require special or indi- of public telephones will also be vidualized treatment because of their charged to Account 6351. complexity, special design, or other [51 FR 43499, Dec. 2, 1986, as amended at 52 distinctive characteristics, and (3) for FR 29019, Aug. 5, 1987] which individual or other specialized cost records are appropriate. (Note also § 32.2362 Other terminal equipment. Account 2311, Station Apparatus.) (a) This account shall include the (b) The cost of intrabuilding network original cost of other Non-CPE ter- cables including their associated cross- minal equipment not specifically pro- connection boxes, terminals, distrib- vided for elsewhere and items such as uting frames, etc., is chargeable to Ac- specialized communications equipment count 2426, Intrabuilding Network provided to meet the needs of the dis- Cable. abled, over-voltage protection equip- (c) The cost of outside plant, whether ment, multiplexing equipment to de- or not on private property, used with liver multiple channels to customers, intrabuilding, network cable shall be etc. charged to the appropriate outside plant accounts. (b) Each company shall prepare a list (d)–(e) [Reserved] of other terminal equipment which (f) Private branch exchanges for com- shall be used as its list of retirement pany official use shall be included in units for this account, the cost of Account 2123, Office Equipment. which when finally disposed of shall be (g) Embedded CPE is that equipment credited to this account and charged to or inventory which is tariffed or other- Account 3100, Accumulated Deprecia- wise subject to the jurisdictional sepa- tion. rations process as of January 1, 1983. § 32.2410 Cable and wire facilities. Inventories of large private branch exchanges equipment are included in Ac- This account shall be used by Class B count 1220, Inventories. companies to record the original cost of cable and wire facilities of the type [51 FR 43499, Dec. 2, 1986, as amended at 52 and character required of Class A com- FR 6562, Mar. 4, 1987; 52 FR 39535, Oct. 22, 1987; 59 FR 46930, Sept. 13, 1994] panies in Accounts 2411 through 2441.

§ 32.2351 Public telephone terminal § 32.2411 Poles. equipment. This account shall include the origi- (a) This account shall include the nal cost of poles, crossarms, guys and original cost of coinless, coin-operated other material used in the construction (including public and semi-public), of pole lines and shall include the cost credit card and pay telephone installed of towers when not associated with for use by the public. buildings. This account shall also in- (b) This account shall also include clude the cost of clearing pole line the original cost of operating spares routes and of tree trimming but shall that are required to provide a con- exclude the cost of maintaining pre- tinuity of service for public telephones. viously cleared routes. The operating spares shall not exceed six months supply in terms of turnover § 32.2421 Aerial cable. and be available to installers from lo- (a) This account shall include the cations in reasonable proximity to the original cost of aerial cable and of drop location of the installed equipment. and block wires served by such cable or (c) The original cost of installing aerial wire as well as the cost of other public telephone equipment shall not material used in construction of such

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plant. Subsidiary record categories, as be included in the appropriate switch- defined below, are to be maintained for ing, transmission or other operations nonmetallic aerial cable and metallic asset account. aerial cable. (1) Nonmetallic cable. This subsidiary § 32.2423 Buried cable. record category shall include the origi- (a) This account shall include the nal cost of optical fiber cable and other original cost of buried cable as well as associated material used in con- the cost of other material used in the structing a physical path for the trans- construction of such plant. This ac- mission of telecommunications signals. count shall also include the cost of (2) Metallic cable. This subsidiary trenching for and burying cable run in record category shall include the origi- conduit not classifiable to Account nal cost of single or paired conductor 2441, Conduit Systems. Subsidiary cable, wire and other associated mate- record categories, as defined below, are rial used in constructing a physical to be maintained for nonmetallic bur- path for the transmission of tele- ied cable and metallic buried cable. communications signals. (1) Nonmetallic cable. This subsidiary (b) The cost of permits and privileges record category shall include the origi- for the construction of cable and wire nal cost of optical fiber cable and other facilities shall be included in the ac- associated material used in con- count chargeable with such construc- structing a physical path for the trans- tion. mission of telecommunications signals. (2) Metallic cable. This subsidiary § 32.2422 Underground cable. record category shall include the origi- (a) This account shall include the nal cost of single or paired conductor original cost of underground cable in- cable, wire and other associated mate- stalled in conduit and of other material rial used in constructing a physical used in the construction of such plant. path for the transmission of tele- Subsidiary record categories, as de- communications signals. fined below, are to be maintained for (b) The cost of pumping water out of nonmetallic underground cable and manholes and of cleaning manholes and metallic underground cable. ducts in connection with construction (1) Nonmetallic cable. This subsidiary work and the cost of permits and privi- record category shall include the origi- leges for the construction of cable and nal cost of optical fiber cable and other wire facilities shall be included in the associated material used in con- account chargeable with such construc- structing a physical path for the trans- tion. mission of telecommunications signals. (2) Metallic cable. This subsidiary § 32.2424 Submarine & deep sea cable. record category shall include the origi- (a) This account shall include the nal cost of single or paired conductor original cost of submarine cable and cable, wire and other associated mate- deep sea cable and other material used rial used in constructing a physical in the construction of such plant. Sub- path for the transmission of tele- sidiary record categories, as defined communications signals. below, are to be maintained for non- (b) The cost of pumping water out of metallic submarine and deep sea cable manholes and of cleaning manholes and and metallic submarine and deep sea ducts in connection with construction cable. work and the cost of permits and privi- (1) Nonmetallic cable. This subsidiary leges for the construction of cable and record category shall include the origi- wire facilities shall be included in the nal cost of optical fiber cable and other account chargeable with such construc- associated material used in con- tion. structing a physical path for the trans- (c) The cost of drop and block wires mission of telecommunications signals. served by underground cable shall be (2) Metallic cable. This subsidiary included in Account 2423, Buried Cable. record category shall include the origi- (d) The cost of cables leading from nal cost of single or paired conductor the main distributing frame or equiva- cable, wire and other associated mate- lent to central office equipment shall rial used in constructing a physical

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path for the transmission of tele- § 32.2431 Aerial wire. communications signals. (a) This account shall include the (b) The cost of permits and privileges original cost of bare line wire and for the construction of cable and wire other material used in the construction facilities shall be included in the ac- of such plant. count chargeable with such construc- (b) The cost of permits and privileges tion. for the construction of cable and wire [51 FR 43499, Dec. 2, 1986, as amended at 67 facilities shall be included in the ac- FR 5687, Feb. 6, 2002] count chargeable with such construction. § 32.2426 Intrabuilding network cable. (c) The cost of drop and block wires (a) This account shall include the served by aerial wire shall be included original cost of cables and wires lo- in Account 2421, Aerial Cable. cated on the company’s side of the demarcation point or standard network § 32.2441 Conduit systems. interface inside subscribers’ buildings (a) This account shall include the or between buildings on one customer’s original cost of conduit, whether un- same premises. Intrabuilding network derground, in tunnels or on bridges, cables are used to distribute network which is reusable in place. It shall also access facilities to equipment rooms, include the cost of opening trenches cross-connection or other distribution and of any repaving necessary in the points at which connection is made construction of conduit plant. with customer premises wiring. Sub- (b) The cost of pumping water out of sidiary record categories, as defined manholes and of cleaning manholes and below, are to be maintained for non- ducts in connection with construction metallic intrabuilding network cable work and the cost of permits and privi- and metallic intrabuilding network leges for the construction of cable and cable. wire facilities shall be included in the (1) Nonmetallic cable. This subsidiary account chargeable with such construc- record category shall include the origi- tion. nal cost of optical fiber cable and other (c) The cost of protective covering associated material used in con- for buried cable shall be charged to Ac- structing a physical path for the trans- count 2423, Buried Cable, as appro- mission of telecommunications signals. priate, unless such protective covering (2) Metallic cable. This subsidiary is reusable in place. The amounts thus record category shall include the origi- charged shall be included in the non- nal cost of single or paired conductor metallic buried cable or metallic bur- cable, wire and other associated mate- ied cable subsidiary record category, as rial used in constructing a physical appropriate. path for the transmission of tele- (d) The cost of pipes or other protec- communications signals. tive covering for underground drop and (b) The cost of pumping water out of block wires shall be included in Ac- manholes and of cleaning manholes and count 2421, Aerial Cable, or Account ducts in connection with construction 2423, Buried Cable, as appropriate. The work and the cost of permits and privi- amounts thus charged shall be included leges for the construction of cable and in the nonmetallic or metallic sub- wire facilities shall be included in the sidiary record category, as appropriate. account chargeable with such construction. § 32.2680 Amortizable tangible assets. (c) Intrabuilding network cable does This account shall be used by Class B not include the cost of cables or wires carriers to record amounts for property which are classifiable as network ter- acquired under capital leases and the minating wire, nor the cables or wires original cost of leasehold improve- from the demarcation point or stand- ments of the type of character required ard network interface to subscribers’ of Class A companies in Accounts 2681 stations. and 2682.

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§ 32.2681 Capital leases. relatively minor cost or short life or (a) This account shall include all for which the period of the lease is one property acquired under a capital year or less shall be charged to the ac- lease. A lease qualifies as a capital count chargeable with the cost of release when one or more of the following pairs to such plant. criteria is met: (c) Amounts contained in this ac- (1) By the end of the lease term, own- count shall be amortized over the term ership of the leased property is trans- of the related lease. For Class A com- ferred to the leasee. panies, except mid-sized incumbent (2) The lease contains a bargain pur- local exchange carriers, the amortiza- chase option. tion associated with the costs recorded (3) The lease term is substantially in the Leasehold improvement account (75% or more) equal to the estimated will be credited directly to this asset useful life of the leased property. How- account, leaving a balance rep- ever, if the beginning of the lease term resenting the unamortized cost. falls within the last 25% of the total es- [51 FR 43499, Dec. 2, 1986, as amended at 67 timated economic life of the leased FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, property, including earlier years of use, 2004] this criterion shall not be used for purposes of classifying the lease. § 32.2690 Intangibles. (4) At the inception of the lease, the (a) This account shall include the present value of the minimum lease cost of organizing and incorporating payments, excluding that portion of the payments representing executory the company, the original cost of gov- costs to be paid by the lessor, including ernment franchises, the original cost of any profit thereon, equals or exceeds patent rights, and other intangible 90% or more of the fair value of the property having a life of more than one leased property. However, if the begin- year and used in connection with the ning of the lease term falls within the company’s telecommunications oper- last 25% of the total estimated eco- ations. nomic life of the leased property, in- (b) Class A companies, except mid- cluding earlier years of use, this cri- sized incumbent local exchange car- terion shall not be used for purposes of riers, shall maintain subsidiary records classifying the lease. for general purpose computer software (b) All other leases are operating and for network software. Subsidiary leases. records for this account shall also in- (c) The amounts recorded in this ac- clude a description of each class of all count at the inception of a capital other tangible property. lease shall be equal to the original (c) The cost of other intangible as- cost, if known, or to the present value sets, not including software, having a not to exceed fair value, at the begin- life of one year or less shall be charged ning of the lease term, of minimum directly to Account 6564, Amortization lease payments during the lease term, expense—intangible. Such intangibles excluding that portion of the payments acquired at small cost may also be representing executory costs to be paid charged to Account 6564, irrespective of by the lessor, together with any profit their term of life. The cost of software thereon. having a life of one year or less shall be charged directly to the applicable ex- § 32.2682 Leasehold improvements. pense account with which the software (a) This account shall include the is associated. original cost of leasehold improve- (d) The amortization associated with ments made to telecommunications the costs recorded in the Intangibles plant held under a capital or operating account will be credited directly to lease, which are subject to amortiza- this asset account, leaving a balance tion treatment. This account shall also representing the unamortized cost. include those improvements which will (e) This account shall not include revert to the lessor. any discounts on securities issued, nor (b) Improvements to leased tele- shall it include costs incident to nego- communications plant which are of a tiating loans, selling bonds or other

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evidences of debt, or expenses in con- 2111, Land, or in the appropriate out- nection with the authorization, side plant account (see Accounts 2411 issuance, sale or resale of capital through 2441), or in the appropriate stock. central office account (see Accounts (f) When charges are made to this ac- 2211 through 2232). count for expenses incurred in mergers, consolidations, or reorganizations, [67 FR 5687, Feb. 6, 2002, as amended at 69 FR 53649, Sept. 2, 2004] amounts previously included in this account on the books of the various com- § 32.3000 Instructions for balance panies concerned shall not be carried sheet accounts—Depreciation and over. amortization. (g) Franchise taxes payable annually or more frequently shall be charged to (a) Depreciation and Amortization Account 7240, Operating other taxes. Subsidiary Records: (h) This account shall not include the (1) Subsidiary record categories shall cost of plant, material and supplies, or be maintained for each class of depre- equipment furnished to municipalities ciable telecommunications plant in Ac- or other governmental authorities count 3100 for which there is a pre- when given other than as initial con- scribed depreciation rate. (See also sideration for franchises or similar § 32.2000(g)(1)(iii) of this subpart.) rights. (Note also Account 6720, Gen- (2) Subsidiary records shall be main- eral & administrative). tained for Accounts 2005, 2682, 2690, and (i) This account shall not include the 3410 in accordance with § 32.2000(h)(4). original cost of easements, rights of (b) Depreciation and Amortization way, and similar rights in land having Accounts to be Maintained by Class A a term of more than one year. Such and Class B telephone companies, as in- amounts shall be recorded in Account dicated.

Class A Class B Account title account account

Depreciation and amortization: Accumulated depreciation ...... 3100 3100 Accumulated depreciation—Held for future telecommunications use ...... 3200 3200 Accumulated depreciation—Nonoperating ...... 3300 3300 Accumulated depreciation—Tangible ...... 3400 Accumulated depreciation—Capitalized leases ...... 3410

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994; 67 FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004]

§ 32.3100 Accumulated depreciation. value and any insurance proceeds recovered. (a) This account shall include the accumulated depreciation associated (d) This account shall be credited with the investment contained in Ac- with amounts charged to Account 1438, count 2001, Telecommunications Plant Deferred maintenance, retirements, in Service. and other deferred charges, as provided (b) This account shall be credited in § 32.2000(g)(4) of this subpart. This with depreciation amounts concur- account shall be credited with amounts rently charged to Account 6561, Depre- charged to Account 6561 with respect to ciation expense—telecommunications other than relatively minor losses in plant in service. (Note also Account service values suffered through termi- 3300, Accumulated depreciation—non- nations of service when charges for operating.) such terminations are made to recover (c) At the time of retirement of de- the losses. preciable operating telecommuni- [51 FR 43499, Dec. 2, 1986, as amended at 67 cations plant, this account shall be FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, charged with the original cost of the 2004] property retired plus the cost of removal and credited with the salvage

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§ 32.3200 Accumulated depreciation— § 32.3400 Accumulated amortization— held for future telecommunications tangible. use. (a) This account shall be used by (a) This account shall include the ac- Class B companies and shall include: cumulated depreciation associated (1) the accumulated amortization as- with the investment contained in Ac- sociated with the investment contained count 2002, Property Held for Future in Account 2681, Capital leases. Telecommunications Use. (2) the accumulated amortization as- (b) This account shall be credited sociated with the investment contained with amounts concurrently charged to in Account 2682, Leasehold improve- Account 6562, Depreciation expense— ments. property held for future telecommuni- (b) This account shall be credited cations use. with amounts for the amortization of capital leases and leasehold improve- [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5688, Feb. 6, 2002; 69 FR 53649, Sept. 2, ments concurrently charged to Ac- 2004] count 6563, Amortization expense—tangible. (Note also Account 3300, Accu- § 32.3300 Accumulated depreciation— mulated depreciation—nonoperating.) nonoperating. (c) When any item carried in Account (a) This account shall include the ac- 2681 or Account 2682 is sold, is relin- cumulated amortization and deprecia- quished, or is otherwise retired from tion associated with the investment service, this account shall be charged contained in Account 2006, Nonop- with the cost of the retired item. Re- erating Plant. maining amounts associated with the (b) This account shall be credited item shall be debited to Account 7100, with amortization and depreciation Other operating income and expenses, amounts concurrently charged to Ac- or Account 7300, Nonoperating income count 7300, Nonoperating income and and expense, as appropriate. expense. [69 FR 53649, Sept. 2, 2004] (c) When nonoperating plant not previously used in telecommunications § 32.3410 Accumulated amortization— service is disposed of, this account capitalized leases. shall be charged with the amount pre- (a) This account shall include the ac- viously credited hereto with respect to cumulated amortization associated such property and the book cost of the with the investment contained in Ac- property so retired less the amount count 2681, Capital Leases. chargeable to this account and less the (b) This account shall be credited value of the salvage recovered or the with amounts for the amortization of proceeds from the sale of the property capital leases concurrently charged to shall be included in Account 7300, Non- Account 6563, Amortization expense— operating income and expense. In case tangible. (Note also Account 3300, Ac- the property had been used in tele- cumulated depreciation—nonop- communications service previous to its erating.) inclusion in Account 2006, Nonop- (c) When any item carried in Account erating Plant, the amount accrued for 2681 is sold, is relinquished, or is other- depreciation thereon after its retire- wise retired from service, this account ment from telecommunications service shall be charged with the cost of the shall be charged to this account and retired item. Remaining amounts asso- credited to Account 3100, Accumulated ciated with the item shall be debited to depreciation, and the accounting for its Account 7100, Other operating income retirement from Account 2006 shall be and expenses, or Account 7300, Nonop- in accordance with that applicable to erating income and expense, as appro- telecommunications plant retired. priate. [51 FR 43499, Dec. 2, 1986, as amended at 59 [51 FR 43499, Dec. 2, 1986, as amended at 67 FR 46930, Sept. 13, 1994; 67 FR 5688, Feb. 6, FR 5688, Feb. 6, 2002; 69 FR 53649, Sept. 2, 2002] 2004]

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§ 32.3999 Instructions for balance sheet accounts—liabilities and stockholders’ equity.

LIABILITIES AND STOCKHOLDERS’ EQUITY ACCOUNTS TO BE MAINTAINED BY CLASS A AND CLASS B TELEPHONE COMPANIES

Class A Class B Account title account account

Current liabilities: Current accounts and notes payable ...... 4000 4000 Customer’s Deposits ...... 4040 4040 Income taxes—accrued ...... 4070 4070 Other taxes—accrued ...... 4080 4080 Net Current Deferred Nonoperating Income Taxes ...... 4100 4100 Net Current Deferred Nonoperating Income Taxes ...... 4110 4110 Other current liabilities ...... 4130 4130 Long-term debt: Long Term debt and Funded debt ...... 4200 4200 Other liabilities and deferred credits: Other liabilities and deferred credits ...... 4300 4300 Unamortized operating investment tax credits—net ...... 4320 4320 Unamortized nonoperating investment tax credits—net ...... 4330 4330 Net noncurrent deferred operating income taxes ...... 4340 4340 Net deferred tax liability adjustments ...... 4341 4341 Net noncurrent deferred nonoperating income taxes ...... 4350 4350 Deferred tax regulatory adjustments—net ...... 4361 4361 Other jurisdictional liabilities and deferred credits—net ...... 4370 4370 Stockholder’s equity: Capital stock ...... 4510 4510 Additional paid-in capital ...... 4520 4520 Treasury stock ...... 4530 4530 Other capital ...... 4540 4540 Retained earnings ...... 4550 4550

[67 FR 5688, Feb. 6, 2002]

§ 32.4000 Current accounts and notes 4200, Long term debt and funded debt, payable. or other appropriate account. (a) This account shall include: (c) The records supporting the entries (1) All amounts currently due to oth- to this account shall be kept so that ers for recurring trade obligations, and the company can furnish complete de- not provided for in other accounts, tails as to each note, when it is issued, such as those for traffic settlements, the consideration received, and when it material and supplies, repairs to tele- is payable. communications plant, matured rents, (d) Subsidiary record categories shall and interest payable under monthly be maintained for this account in order settlements on short-term loans, ad- that the company may separately re- vances, and open accounts. It shall also port the amounts contained herein include amounts of taxes payable that that relate to nonaffiliates and affili- have been withheld from employees’ ates. Such subsidiary record categories salaries. shall be reported as required by part 43 (2) Accounts payable arising from of this chapter. sharing of revenues. (3) The face amount of notes, drafts, [67 FR 5688, Feb. 6, 2002] and other evidences of indebtedness issued or assumed by the company (ex- § 32.4040 Customers’ deposits. cept interest coupons) which are pay- (a) This account shall include the able on demand or not more than one amount of cash deposited with the year or less from date of issue. company by customers as security for (b) If any part of an obligation, oth- the payment for telecommunications erwise includable in this account ma- service. tures more than one year from date of issue, it shall be included in Account

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(b) Advance payments made by pro- (b) As regulated assets or liabilities spective customers prior to the estab- which generated the deferred income lishment of service shall be credited to tax are reclassified from long-term or Account 4130, Other current liabilities. noncurrent status to current, the appropriate deferred income tax shall be [51 FR 43499, Dec. 2, 1986, as amended at 67 reclassified from Account 4340, Net FR 5689, Feb. 6, 2002] Noncurrent Deferred Operating Income § 32.4070 Income taxes—accrued. Taxes, to this account. (c) This account shall be debited or (a) This account shall be credited or credited with the amount being debited charged and the following accounts or credited to Account 7250, Provision shall be charged or credited with the For Deferred Operating Income Taxes— offsetting amount of current year in- Net, in accordance with that account’s come taxes (Federal, state and local) description and § 32.22 of subpart B. accrued during the period or adjust- (d) The classification of deferred in- ments to prior accruals: 7220 Operating come taxes as current or noncurrent Federal Income Taxes, 7230 Operating shall follow the classification of the State and Local Income Taxes, 7400 asset or liability that gave rise to the Nonoperating Taxes, 7600 Extraor- deferred income tax. If there is no re- dinary Items. lated asset or liability, classification (b) If significant, current year in- shall be based on the expected turn- come taxes paid in advance shall be re- around of the temporary differences. classified to Account 1280, Prepay- (e) Subsidiary record categories shall ments. be maintained in order that the com- [67 FR 5689, Feb. 6, 2002] pany may separately report the amounts contained herein that are § 32.4080 Other taxes—accrued. property related and those that are nonproperty related. Such subsidiary (a) This account shall be credited or record categories shall be reported as charged and Account 7240, Operating required by part 43 of this Commis- Other Taxes, or 7400, Nonoperating sion’s Rules and Regulations. Taxes, or, for payroll related costs, the appropriate expense accounts shall be [51 FR 43499, Dec. 2, 1986, as amended at 59 charged or credited for all taxes, other FR 9419, Feb. 28, 1994] than Federal, State and local income § 32.4110 Net current deferred nonop- taxes, accrued or adjusted for previous erating income taxes. accruals during the period. Among the taxes includable in this account are (a) This account shall include the property, gross receipts, franchise, cap- balance of income tax expense result- ital stock, social security and unem- ing from comprehensive interpreted ployment taxes. tax allocation which has been deferred (b) Taxes paid in advance of the pe- to later periods. riod in which they are chargeable to in- (b) As other assets or liabilities come shall be included in the prepaid which generated the deferred income taxes Account 1280, Prepayments, or tax are reclassified from long-term or 1410, Other Noncurrent Assets, as ap- noncurrent status to current, the appropriate. propriate deferred income tax shall be reclassified from Account 4350, Net [67 FR 5689, Feb. 6, 2002] Noncurrent Deferred Nonoperating In- come Taxes, to this account. § 32.4100 Net current deferred oper- (c) This account shall be debited or ating income taxes. credited with the amount being cred- (a) This account shall include the ited or debited to Account 7400, Nonop- balance of income tax expense related erating taxes, in accordance with that to current items from regulated oper- account’s description and § 32.22. ations which have been deferred to (d) This account shall also include later periods as a result of the normal- the balance of the income taxes (Fed- ized method of accounting for tax dif- eral, state and local) related to current ferentials authorized by this Commis- extraordinary items which have been sion and not provided for elsewhere. deferred to later periods resulting from

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comprehensive interperiod tax alloca- capital stock, and rents accrued to the tion. date for which the balance sheet is (e) As the extraordinary item which made, but not payable until after that generated the deferred income tax be- date. Accruals shall be maintained so comes current, the appropriate de- as to show separately the amount and ferred income tax shall be reclassified nature of the items accrued to the date from Account 4350, Net Noncurrent De- of the balance sheet. ferred Nonoperating Income Taxes, to (e) Matured rents, dividends, interest this account. payable under monthly settlements on (f) This account shall be debited or short-term loans, advances, and open credited with the amount being cred- accounts shall be included in Account ited and debited to Account 7600, Ex- 4000. traordinary Items. (f) All other liabilities of current (g) The classification of deferred in- character which are not included in Ac- come taxes as current or noncurrent count 4000 through 4110. shall follow the classification of the [67 FR 5689, Feb. 6, 2002] asset or liability that gave rise to deferred income tax. If there is no related § 32.4200 Long term debt and funded asset or liability, classification shall debt. be based on the expected turnaround of (a) This account shall include: the temporary differences. (1) The total face amount of (h) Subsidiary record categories shall unmatured debt maturing more than be maintained in order that the com- one year from date of issue, issued by pany may separately report the the company and not retired, and the amounts contained herein that are total face amount of similar property related and those that are unmatured debt of other companies, nonproperty related. Such subsidiary the payment of which has been as- record categories shall be reported as sumed by the company, including fund- required by part 43 of this Commis- ed debt the maturity of which has been sion’s Rules and Regulations. extended by specific agreement. This [51 FR 43499, Dec. 2, 1986, as amended at 59 account shall also include such items FR 9419, Feb. 28, 1994; 67 FR 5689, Feb. 6, 2002] as mortgage bonds, collateral trust bonds, income bonds, convertible debt, § 32.4130 Other current liabilities. debt securities with detachable war- This account shall include: rants and other similar obligations ma- (a) The amount of advance billing turing more than one year from date of creditable to revenue accounts in fu- issue. ture months; also advance payments (2) The premium associated with all made by prospective customers prior to classes of long-term debt. Premium, as the establishment of service. Amounts applied to securities issued or assumed included in this account shall be cred- by the company, means the excess of ited to the appropriate revenue ac- the current money value received at counts in the months in which the their sale over the sum of their book or service is rendered or cleared from this face amount and interest or dividends account as refunds are made. accrued at the date of the sale. (b) The amount (including any obli- (3) The discount associated with all gations for premiums) of long-term classes of long-term debt. Discount, as debt matured and unpaid without any applied to securities issued or assumed specific agreement for extension of ma- by the company, means the excess of turity, including unpresented bonds the book or face amount of the securi- drawn for redemption through the op- ties plus interest or dividends accrued eration of sinking and redemption fund at the date of the sale over the current agreements. money value of the consideration re- (c) The current portion of obligations ceived at their sale. applicable to property obtained under (4) The face amount of debt reac- capital leases. quired prior to maturity that has not (d) The amount of wages, com- been retired. Gain or loss shall be rec- pensated absences, interest on indebt- ognized at the time of reacquisition by edness of the company, dividends on credits or charges to Account 7300,

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Nonoperating income and expense, ex- § 32.4320 Unamortized operating in- cept that material gains or losses shall vestment tax credits—net. be treated as extraordinary. (See Ac- (a) This account shall be credited and count 7600, Extraordinary items.) Account 7210, Operating Investment (5) The noncurrent portion of obliga- Tax Credits—Net, should be debited tions applicable to property obtained with investment tax credits generated under capital leases. Amounts subject from qualified expenditures related to to current settlement shall be included in Account 4130, Other current liabil- regulated operations which the com- ities. pany defers rather than recognizes cur- (6) The amount of advance from af- rently in income. filiated companies. Amounts due affili- (b) This account shall be debited and ated companies which are subject to Account 7210 credited with a propor- current settlement shall be included in tionate amount determined in relation Account 4000. to the period of time used for com- (7) Investment advances, including puting book depreciation on the prop- those represented by notes. erty to which the tax credit relates. (8) Long-term debt not provided for elsewhere. § 32.4330 Unamortized nonoperating investment tax credits—net. (b) Subsidiary records shall be maintained for each issue. The subsidiary (a) This account shall be credited and records shall identify the premium or Account 7400, Nonoperating Taxes, discount attributable to each issue. shall be debited with investment tax (c) Premiums and discounts on long- credits generated from qualified ex- term debt recorded in this account penditures related to other operations shall be amortized monthly by the in- which the company has elected to defer terest method and charged or credited, rather than recognize currently in in- as appropriate, to Account 7500, Inter- come. est and related items. (b) This account shall be debited and (d) Debt securities with detachable Account 7400 credited with a propor- warrants shall be accounted for in ac- tionate amount determined in relation cordance with generally accepted ac- to the useful book life of the property counting principles. to which the tax credit relates. (e) Securities maturing in one year or less, including securities maturing [67 FR 5690, Feb. 6, 2002] serially, shall be included in Account 4130, Other current liabilities. § 32.4340 Net noncurrent deferred operating income taxes. [67 FR 5689, Feb. 6, 2002] (a) This account shall include the balance of income tax expense related § 32.4300 Other long-term liabilities and deferred credits. to noncurrent items from regulated operations which have been deferred to (a) This account shall include later periods as a result of comprehen- amounts accrued to provide for such sive interperiod tax allocation related items as unfunded pensions (if actuari- to temporary differences that arise ally determined), death benefits, de- from regulated operations. ferred compensation costs and other long-term liabilities not provided for (b) This account shall be credited or elsewhere. Subsidiary records shall be debited, as appropriate, and Account maintained to identify the nature of 7250, Provision for Deferred Operating these items. Income Taxes—Net, shall reflect the (b) This account shall include the offset for the tax effect of revenues and amount of all deferred credits not pro- expenses from regulated operations vided for elsewhere, such as amounts which have been included in the deter- awaiting adjustment between accounts; mination of taxable income, but which and revenue, expense, and income items in suspense. [67 FR 5690, Feb. 6, 2002]

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will not be included in the determina- investment tax credits expected to re- tion of book income or for the tax ef- duce future taxes payable that are re- fect of revenues and expenses from reg- ported in published financial state- ulated operations which have been in- ments. cluded in the determination of book in- (4) Reversals of the tax effects of come prior to the inclusion in the de- carryforward net operating losses and termination of taxable income. carryforward investment tax credits (c) As regulated assets or liabilities previously recorded in this account at which generated the prepaid income the time they become recognized as re- tax or deferred income tax are reclassi- ductions in current taxable income and fied from long-term or noncurrent sta- current taxes payable on tax returns. tus to current status, the appropriate (c) This account shall be exempt deferred income tax shall be reclassi- from the vintage year detail record re- fied from this account to Account 4100, quirements of § 32.22(e)(2). Net Current Deferred Operating Income [59 FR 9419, Feb. 28, 1994, as amended at 67 Taxes. FR 5690, Feb. 6, 2002] (d) The classification of deferred income taxes as current or noncurrent § 32.4350 Net noncurrent deferred non- shall follow the classification of the operating income taxes. asset or liability that gave rise to the (a) This account shall include the deferred income tax. If there is no re- balance of income tax expense (Fed- lated asset or liability, classification eral, state, and local) that has been de- shall be based on the expected turn- ferred to later periods as a result of around of the temporary difference. comprehensive interperiod allocation (e) Subsidiary record categories shall related to nonoperating differences. be maintained in order that the com- (b) This account shall be credited or pany may separately report the debited, as appropriate, and Account amounts contained herein that are 7400, Nonoperating Taxes, shall reflect property related and those that are the offset for the tax effect of revenues nonproperty related. Such subsidiary from other operations and extraor- record categories shall be reported as dinary items and nonoperating ex- required by part 43 of this Commis- penses which have been included in the sion’s Rules and Regulations. determination of taxable income, but [51 FR 43499, Dec. 2, 1986, as amended at 59 which will not be included in the deter- FR 9419, Feb. 28, 1994] mination of book income or for the tax effect of nonoperating expenses and ex- § 32.4341 Net deferred tax liability ad- traordinary items and nonoperating in- justments. come which have been included in the (a) This account shall include the determination of book income prior to portion of deferred income tax charges the inclusion in the determination of and credits pertaining to Account taxable income. 32.4361, Deferred tax regulatory adjust- (c) As other assets or liabilities ments—net. which generated the prepaid income (b) This account shall be used to tax or deferred income tax are reclassi- record adjustments to the accumulated fied from long-term or non-current sta- deferred tax liabilities recorded in Ac- tus to current status, the appropriate counts 4100 and 4340 for: deferred income tax shall be reclassi- (1) Tax effects of temporary dif- fied from this account to account 4110, ferences accounted for under the flow- Net Current Deferred Nonoperating In- through method or treated as perma- come Taxes. nent differences. (d) This account shall also include (2) Reclassification attributable to the balance of the income tax effect changes in tax rates (Federal, state and (Federal, State and local) related to local). As tax rates increase or de- noncurrent extraordinary items which crease, the offsetting debit or credit have been included in the determina- will be recorded in Account 4361 as re- tion of taxable income in a period dif- quired by paragraph (a) of this section. ferent from when it is included in the (3) The tax effects of carryforward determination of book income, that is, net operating losses and carryforward more than one year.

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(e) This account shall be charged or recorded in this account shall be re- credited with the contra amount recorded net of any applicable income corded to Account 7600, Extraordinary tax effects and shall be supported by items, in accordance with § 32.22. appropriate subsidiary records where (f) As the extraordinary item which necessary as provided for in § 32.13 of generated the deferred income tax be- subpart B. comes current, the appropriate deferred income tax shall be reclassified § 32.4510 Capital stock. from this account to Account 4110, Net (a) This account shall include the par Current Deferred Nonoperating Income value, stated amount, or in the case of Taxes. no-par stock, the amount received for (g) The classification of deferred income taxes as current or noncurrent capital stock issued and outstanding. shall follow the classification of the (b) Subsidiary records shall be main- asset or liability that gave rise to the tained so as to show separately each deferred income tax. If there is no re- class of stock. lated asset or liability, classification (c) This account shall be charged shall be based on the expected turn- with the book amount of any stock re- around of the temporary difference. tired. (h) Subsidiary record categories shall be maintained in order that the com- § 32.4520 Additional paid-in capital. pany may separately report the (a) This account shall include the dif- amounts contained herein that are ference between the net proceeds (in- property related and those that are cluding discount, premium and stock nonproperty related. Such subsidiary issuance expense) received from the record categories shall be reported as issuance of capital stock and the required by part 43 of this Commis- amount includable in Account 4510, sion’s Rules and Regulations. Capital Stock, unless such difference [51 FR 43499, Dec. 2, 1986, as amended at 59 results in a debit balance for that class FR 9419, Feb. 28, 1994; 67 FR 5690, Feb. 6, 2002] of stock, in which case the amount shall be charged to Account 4550, Re- § 32.4361 Deferred tax regulatory adjustments—net. tained Earnings. (b) This account shall also include (a) This account shall include gains arising from the retirement and amounts of probable future revenue for cancellation of capital stock. Losses the recovery of future increases in from the retirement and cancellation taxes payable and amounts of probable of capital stock shall be charged to this future revenue reductions attributable account to the extent that there exist to future decreases in taxes payable. As credits in this account for the same reductions or reversals occur, amounts recorded in this account shall be re- class of stock; otherwise to Account duced or increased, with a contra entry 4550. being made to Account 4341, Net de- § 32.4530 Treasury stock. ferred tax liability adjustments. (b) This account shall also be ad- This account shall include the cost of justed for the impact of prospective tax the company’s own capital stock which rate changes on the deferred tax liabil- has been issued and subsequently reac- ity for those temporary differences un- quired but not retired or resold. derlying its existing balance. § 32.4540 Other capital. [67 FR 5690, Feb. 6, 2002] This account shall include amounts § 32.4370 Other jurisdictional liabil- which are credits arising from the do- ities and deferred credits—net. nation by stockholders of the com- This account shall include the cumu- pany’s capital stock, capital recorded lative impact on liabilities and de- upon the reorganization or recapital- ferred credits of the jurisdictional rate- ization of the company and temporary making practices which vary from declines in the value of marketable se- those of this Commission. All entries curities held for investment purposes.

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(See also Account 1410, Other noncur- earned. When the billing cycle encom- rent assets). passes more than one accounting pe- [67 FR 5690, Feb. 6, 2002] riod, adjustments are necessary to properly recognize the revenue applica- § 32.4550 Retained earnings. ble to the current accounting period under report. Revenues recorded under (a) This account shall include the un- distributed balance of retained earn- the terms of two-tier contracts or ings derived from the operations of the other variable payment plans should be company and from all other trans- deferred, if necessary, and recognized actions not includable in the other ac- ratably with expenses over the terms of counts appropriate for inclusion of the related contract. Any amounts de- stockholders’ equity. ferred shall be credited to Account (b) Subsidiary records shall be main- 4300, Other long-term liabilities and de- tained wherein are recorded all entries ferred credits. to retained earnings during the year (e) Contractual arrangements. Charges such that the detail of the entries may and credits resulting from activities be disclosed to the Commission. associated with the provisions of regulated telecommunications services Subpart D—Instructions For shall be recorded in a manner con- Revenue Accounts sistent with the nature of the underlying contractual arrangements. The § 32.4999 General. charges and credits resulting from expense sharing or apportionment ar- (a) Purpose of revenue accounts. The rangements associated with the provi- revenue accounts are intended to in- sion of regulated telecommunications clude the actual cash inflows (or equivalents) that have or will occur as services shall be recorded in the de- a result of the company’s ongoing tailed regulated accounts. Charges and major or central operations during the credits resulting from revenue settle- period. They will include the revenues ment agreements or other revenue which arise from furnishing regulated pooling arrangements associated with telecommunications services to others, the provision of regulated tele- from directory advertising, rentals of communications services shall be in- telecommunications assets and from cluded in the appropriate revenue ac- providing other services which are di- counts. Those charges and credits re- rectly associated with the provision of sulting from contractual revenue pool- regulated telecommunications serving and/or sharing agreements shall be ices. recorded in each prescribed revenue ac- (b) Deductions from revenue. Correc- count and prescribed subsidiary record tions of overcharges, authorized re- categories thereof to the extent that funds of overcollections previously each is separately identifiable in the credited to revenue, authorized refunds settlement process. It is not intended and adjustments on account of failure that settlement amounts be allocated in service, and other corrections shall or generally spread to the individual be charged to the revenue account pre- revenue accounts where they are not viously credited with the amounts in- separately identifiable in the settle- volved. ment process. When the settlement (c) Commissions. Commissions paid to amounts are not identifiable by a rev- others or employees in place of com- enue account they shall be recorded in pensation or salaries for services ren- Account 5060, Other basic area revenue, dered, such as public telephone com- 5105, Long distance message revenue, missions, shall be charged to Account or 5200, Miscellaneous revenue, as ap- 6623, Customer services, and not to the propriate. revenue accounts. Other commissions (f) Subsidiary records—jurisdictional shall be charged to the appropriate ex- subdivisions and interconnection. Sub- pense accounts. sidiary record categories shall be main- (d) Revenue recognition. Credits shall tained in order that the company may be made to the appropriate revenue ac- separately report revenues derived counts when such revenue is actually from charges imposed under intrastate,

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interstate and international tariff fil- from the provision of exchange access ings. Class A carriers shall also main- services to an interexchange carrier or tain subsidiary record categories in to an end user of telecommunications order that the companies may sepa- services beyond the exchange carrier’s rately report interconnection revenues network. derived from the following categories: (2) Billing and collections service Unbundled network element revenues, provided under exchange access tariffs Resale revenues, Reciprocal compensa- shall be included in the Miscellaneous tion revenues, and Other interconnec- Revenues Group. tion revenues. Such subsidiary record (j) Long Distance Network Service reve- categories shall be reported as required nues. Long Distance Network Service by part 43 of this Commission’s Rules revenues shall include revenues derived and Regulations. from the provision of services beyond (g) Structure of revenue accounts. (1) the basic service area, whether mes- The revenue section of the system of sage or flat-rate and including public accounts shall be organized by revenue network switching as well as private. group summary account, account and (k) Miscellaneous revenues. Miscella- subsidiary record category (if re- neous revenues are those revenues de- quired). rived from the provision of regulated (2) The revenue section of this sys- products and services provided under tem of accounts shall be comprised of tariff or contract but not contained six major groups—Local Network Serv- elsewhere. They shall also include op- ices Revenues, Network Access Serv- erating revenue derived from activities ices Revenues, Long Distance Network performed incident to the company’s Services Revenues, Miscellaneous Rev- tariffed telecommunications oper- enues, Nonregulated revenues, and ations which, though non-tariffed, are Uncollectible Revenues, which shall be included in the regulatory process. considered as a revenue group for the (l) Nonregulated revenues. The non- purposes of the construction of the sys- regulated revenue account shall be tem. used for nonregulated operating reve- (3) Accounts shall be maintained as nues when a nonregulated activity in- prescribed in this Section subject to volves the common or joint use of as- the conditions described in section sets or resources in the provision of 32.13 of subpart B. In certain instances, regulated and nonregulated products or subsidiary record categories may be re- services as required in § 32.23(c) of this quired below the account level by this subpart. Revenues from nontariffed ac- system of accounts or by Commission tivities offered incidental to tariffed order. services may be accounted for as regu- (h) Local Network Services revenues. lated revenues, provided the activities Local Network Services revenues (Ac- are outgrowths of regulated operations counts 5001 through 5060) shall include and the revenues do not exceed, in the revenues derived from the provision of aggregate, one percent of total reve- service and equipment entirely within nues for three consecutive years. Such the basic service area. That area is de- activities must be listed in the Com- fined as the normal boundaries for mission-approved Cost Allocation Man- local calling plus Extended Area Serv- ual for any company required to file a ice (EAS) boundaries as they apply to Cost Allocation Manual. that service. It includes revenues de- (m) Uncollectible revenues. rived from both local private network Uncollectible revenues shall include service and local public network serv- amounts originally credited to the rev- ices as well as from customer premises enue accounts which have proved im- facilities services. Local revenues in- practicable of collection. clude associated charges such as one- (n) Revenue accounts to be maintained. time service connection or termination Class A Class B charges and secondary features such as Account title account account call waiting. (i) Network Access revenues. (1) Net- Local network services revenues: Basic local service revenue ...... 5000 work Access revenues (Accounts 5081– Basic area revenue ...... 5001 ...... 5083) shall include revenues derived Private line revenue ...... 5040 ......

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rectories shall be included in account Account title Class A Class B account account 5230, Directory revenue. Other basic area revenue ... 5060 ...... (c) Revenue from private mobile tele- Network access service revenues: phone services which do not have ac- End user revenue ...... 5081 5081 cess to the public switched network Switched access revenue ... 5082 5082 shall be included in Account 5200, Mis- Special access revenue ...... 5083 5083 Long distance network services reve- cellaneous revenue. nues: [67 FR 5691, Feb. 6, 2002, as amended at 69 FR Long distance message rev- 53650, Sept. 2, 2004] enue ...... 5100 5100 Miscellaneous revenues: Miscellaneous revenue ...... 5200 5200 § 32.5002 Optional extended area rev- Directory revenue ...... 5230 ...... enue. Nonregulated revenues: This account shall include total rev- Nonregulated operating revenue ...... 5280 5280 enue derived from the provision of op- Uncollectible revenues: tional extended area service. Uncollectible revenue ...... 5300 5300 § 32.5003 Cellular mobile revenue. [51 FR 43499, Dec. 2, 1986, as amended at 53 This account shall include message FR 49322, Dec. 7, 1988; 59 FR 46930, Sept. 13, revenue derived from cellular mobile 1994; 64 FR 50008, Sept. 15, 1999; 67 FR 5690, telecommunications systems con- Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004] nected to the public switched network placed between mobile units and other § 32.5000 Basic local service revenue. stations within the mobile service Class B telephone companies shall area. use this account for revenues of the type and character required of Class A § 32.5040 Private line revenue. companies in Accounts 5001 through This account shall include revenue 5060. derived from local services that involve dedicated circuits, private switching [67 FR 5691, Feb. 6, 2002] arrangements, and/or predefined trans- § 32.5001 Basic area revenue. mission paths, whether virtual or physical, which provide communications (a) This account shall include rev- between specific locations (e.g., point- enue derived from the provision of the to-point communications. It includes following: revenue from subvoice grade, voice (1) Basic area message services such grade, audio and video program grade, as flat rate services and measured serv- digital transmission and local private ices. Included is revenue derived from network switching as well as the rev- non-optional extended area services. enue from administrative and oper- Also included is revenue derived from ational support services associated the billed or guaranteed portion of with private network services and fa- semi-public services. cilities, e.g., charges for company-di- (2) Optional extended area service. rected testing, expedited installation, (3) Cellular mobile telecommuni- and service restoration priority. cations systems connected to the public switched network placed between § 32.5060 Other basic area revenue. mobile units and other stations within This account shall include: the mobile service area. (a) Revenue from the provision of (4) General radio telecommunications secondary features which are inte- systems connected to the public grated with the telecommunications switched network placed between mo- network such as call forwarding, call bile units and other stations within the waiting and touch-tone line service. mobile service area, as well as revenue Also included is revenue derived from from mobile radio paging, mobile dis- the provision of public announcement patching, and signaling services. and other record message services, di- (b) Revenue derived from charges for rectory assistance and other call com- nonpublished number or additional and pletion services (excluding operator as- boldfaced listings in the alphabetical sisted basic long distance calls), as well section of the company’s telephone di- as revenue derived from central office

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related service connection and termi- The subsidiary records shall also sepa- nation charges, and other non-premise rately show the federal and state customer specific charges associated tariffed charges. Such subsidiary with public network services. This ac- record categories shall be reported as count shall also include local revenue required by part 43 of this chapter. not provided for in other accounts. [67 FR 5692, Feb. 6, 2002] (b) Charges and credits resulting from contractual revenue pooling and/ § 32.5083 Special access revenue. or sharing agreements for tariffed local network services only when they are (a) This account shall include all fed- not separately identifiable by local erally and state tariffed charges as- network services revenue accounts in sessed for other than end user or the settlement process. (See also switched access charges referred to in § 32.4999(e)). To the extent that the Account 5081, End user revenue, and charges and credits resulting from a Account 5082, Switched access revenue. settlement process can be identified by (b) Subsidiary record categories shall Local Network Services Revenue ac- be maintained in order that the com- count they shall be recorded in the ap- pany may separately report the plicable account. amounts contained herein that relate (c) Revenue derived from tariffed in- to recurring charges, nonrecurring formation origination/termination charges and surcharges. The subsidiary plant. Included is revenue derived from records shall also separately show the the provision under leasing arrange- federal and state tariffed charges. Such ments of tariffed customer premises subsidiary record categories shall be equipment (CPE), terminal equipment, reported as required by part 43 of this station apparatus and large private chapter. branch exchanges as well as tariffed [67 FR 5692, Feb. 6, 2002] nonrecurring charges related solely to station apparatus. Also included are all § 32.5100 Long distance message rev- tariffed charges for customer premises enue. activities and facilities not related This account shall include revenue solely to station apparatus. derived from message services that terminate beyond the basic service area of [67 FR 5691, Feb. 6, 2002] the originating wire center and are in- § 32.5081 End user revenue. dividually priced. This includes those message services which utilize the pub- (a) This account shall contain feder- lic long distance switching network ally and state tariffed monthly flat and the basic subscriber access line. It rate charge assessed upon end users. also includes those long distance calls (b) Subsidiary record categories shall placed from mobile and public tele- be maintained in order that the com- phones, as well as any charges for oper- pany may separately report amounts ator assistance or special billing di- related to federal and state tariffed rectly related to the completion of a charges. specific call. This account shall also in- [67 FR 5692, Feb. 6, 2002] clude revenue derived from individually priced message services offered § 32.5082 Switched access revenue. under calling plans (discounted long (a) This account shall consist of fed- distance) which do not utilize dedi- erally and state tariffed charges as- cated access lines, as well as those sessed to interexchange carriers for ac- priced at the basic long distance rates cess to local exchange facilities. where a discounted toll charge is on a (b) Subsidiary record categories shall per message basis. Any revenue derived be maintained in order that the com- from monthly or one-time charges for pany may separately report the obtaining calling plan services shall be amounts contained herein that relate included in this account. This account to limited pay telephone, carrier com- includes revenue derived from the fol- mon line, line termination, local lowing services: switching, intercept, information, com- (a) Long distance services which per- mon transport and dedicated transport. mit unidirectional calls to a subscriber

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from specified services areas provided communications systems. It (multipoint-to-point service). These includes revenue from the provision of calls require the use of dedicated ac- facilities between customer premises cess lines connecting a subscriber’s and a serving office, a carrier distribu- premises and a designated central of- tion point, or an extension distribution fice. These dedicated access lines are channel. generally separate from those required (3) Private network circuits and fa- for the subscriber to place outward cilities furnished for audio program calls. The call is billed to the sub- transmission purposes, such as radio scriber even though it is generally ini- broadcasting, sound recording (wired tiated by the subscriber’s customer or music) and loud speaker services. It in- correspondent. cludes revenue from the provision of (b) Long distance services which per- facilities for the transmission of ana- mit the subscriber to place telephone log signals between customer premises calls from one location to other speci- and a serving office, a carrier distribu- fied service areas (point-to-multipoint tion point, or an extension distribution service). These calls are completed channel furnished in connection with without operator assistance and re- such services. It also includes revenue quire the use of a dedicated access line. from facilities furnished to carry the The dedicated access line is generally audio portion of a television program if separate from those required for in- furnished under separate audio rates. If ward message services and cannot be the rate for television program services used to place calls within the basic includes both the picture and sound service area or calls outside the se- portion of the transmission, the rev- lected service areas. Outward calls are enue shall also be included in this ac- screened and blocked to determine count. whether the calls are within an author- (4) Private network circuits and fa- ized service area. cilities furnished for television pro- (c) Services extending beyond the gram transmission purposes, such as basic service area that involve dedi- commercial broadcast and educational cated circuits, private switching ar- or private television services. It in- rangements, and/or predefined trans- cludes revenue from the provision of mission paths, whether virtual or phys- facilities for the transmission of ana- ical, which provide communications log signals between customer premises between specific locations (e.g., point- and a serving office, a carrier distribu- to-point communications). Service con- tion point, or an extension distribution nection charges, termination charges, rearrangements and changes, etc., shall channel furnished in connection with be included in this account. Revenue such services. It also includes revenue derived from associated administrative from both the picture and sound por- and operational support services shall tions of transmission for television also be included in this account. program service when provided under a (1) Narrow-band analog private net- combined rate schedule. work circuits and facilities furnished (5) The provision of circuits and fa- exclusively for record forms of commu- cilities for the transmission of digital nications, such as teletypewriter, tele- signals only. typesetter, telewriter, ticker, Morse, (6) The provision of common user signaling, remote metering, and super- channels and switching capabilities visory services. used for the transmission of tele- (2) Private network circuits and fa- communication signals between three cilities (including multipurpose wide- (3) or more points in the network. Also band) which provide voice grade serv- included is revenue derived from the ices for the transmission of analog sig- provision of basic switching and trans- nals. It includes revenue from services fer arrangements used to connect pri- such as voice, data and telephoto com- vate line channels. munication, as well as remote meter- (7) Charges and credits resulting from ing, supervisory control, miscellaneous contractual revenue pooling and/or signaling and channels furnished for sharing agreements for tariffed long the purpose of extending customer— distance public network services and

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for tariffed long distance private net- vided for elsewhere. (See also §§ 32.14(e) work services. and 32.4999(e)). (e) Contract services (plant mainte- [67 FR 5692, Feb. 6, 2002] nance) performed for others incident to § 32.5200 Miscellaneous revenue. the company’s regulated telecommunications operations. This includes rev- This account shall include revenue enue from the incidental performance derived from the following sources. For of nontariffed operating and mainte- Class B companies, this account shall nance activities for others which are also include revenue of the type and similar in nature to those activities character required of Class A compa- which are performed by the company in nies in Account 5230, Directory rev- operating and maintaining its own enue. telecommunications plant facilities. (a) Rental or subrental to others of The records supporting the entries in telecommunications plant furnished this account shall be maintained with apart from telecommunications serv- sufficient particularity to identify the ices rendered by the company (this rev- revenue and associated Plant Specific enue includes taxes when borne by the Operations Expenses related to each lessee). It includes revenue from the undertaking. This account does not in- rent of such items as space in conduit, clude revenue related to the perform- pole line space for attachments, and ance of operation or maintenance ac- any allowance for return on property tivities under a joint operating agree- used in joint operations and shared fa- ment. cilities agreements. The expense of (f) The provision of billing and collec- maintaining and operating the rented tion services to other telecommuni- property, including depreciation and cations companies. This includes insurance, shall be included in the ap- amounts charged for services such as propriate operating expense accounts. message recording, billing, collection, Taxes applicable to the rented property billing analysis, and billing informa- shall be included by the owner of the tion services, whether rendered under rented property in appropriate tax ac- tariff or contractual arrangements. counts. When land or buildings are (g) Charges and credits resulting rented on an incidental basis for non- from contractual revenue pooling and/ telecommunications use, the rental or sharing agreements for activities in- and expenses are included in Account cluded in the miscellaneous revenue 7300, Nonoperating income and expense. accounts only when they are not iden- (b) Services rendered to other compa- tifiable by miscellaneous revenue ac- nies under a license agreement, general count in the settlement process. (See services contract, or other arrange- also § 32.4999(e)). The extent that the ment providing for the furnishing of charges and credits resulting from a general accounting, financial, legal, settlement process can be identified by patent, and other general services asso- miscellaneous revenue accounts they ciated with the provision of regulated shall be recorded in the applicable ac- telecommunications services. (See also count. Account 5230.) (h) The provision of transport and (c) The provision, either under tariff termination of local telecommuni- or through contractual arrangements, cations traffic pursuant to section of special billing information to cus- 251(c) of the Communications Act and tomers in the form of magnetic tapes, part 51 of this chapter. cards or statements. Special billing in- (i) The provision of unbundled net- formation provides detail in a format work elements pursuant to section and/or at a level of detail not normally 251(c) of the Communications Act and provided in the standard billing ren- part 51 of this chapter. dered for the regulated telephone serv- (j) This account shall also include ices utilized by the customer. other incidental regulated revenue (d) The performance of customer op- such as: erations services for others incident to (1) Collection overages (collection the company’s regulated telecommuni- shortages shall be charged to Account cations operations which are not pro- 6623, Customer services);

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(2) Unclaimed refunds for tele- § 32.5280 Nonregulated operating rev- communications services when not sub- enue. ject to escheats; (a) This account shall include reve- (3) Charges (penalties) imposed by nues derived from a nonregulated ac- the company for customer checks re- tivity involving the common or joint turned for non-payment; use of assets or resources in the provi- (4) Discounts allowed customers for sion of regulated and nonregulated prompt payment; products or services. (5) Late-payment charges; (b) This account shall be debited and (6) Revenue from private mobile tele- regulated revenue accounts shall be phone services which do not have accredited at tariffed rates when tariffed cess to the public switched network; services are provided to nonregulated and activities that are accounted for as (7) Other incidental revenue not pro- prescribed in § 32.23(c) of this subpart. vided for elsewhere in other Revenue (c) Separate subsidiary record cat- accounts. egories shall be maintained for two groups of nonregulated revenue as fol- (k) Any definitely known amounts of lows: one subsidiary record for all reve- losses of revenue collections due to fire nues derived from regulated services or theft, at customers’ coin-box sta- treated as nonregulated for federal actions, at public or semipublic tele- counting purposes pursuant to Com- phone stations, in the possession of col- mission order and the second for all lectors en route to collection offices, other revenues derived from a nonregu- on hand at collection offices, and be- lated activity as set forth in paragraph tween collection offices and banks (a) of this section. shall be charged to Account 6720, Gen- eral and Administrative. [53 FR 49322, Dec. 7, 1988, as amended at 64 FR 50008, Sept. 15, 1999; 67 FR 5694, Feb. 6, [69 FR 53650, Sept. 2, 2004] 2002]

§ 32.5230 Directory revenue. § 32.5300 Uncollectible revenue. This account shall include revenue This account shall be charged with derived from alphabetical and classi- amounts concurrently credited to Ac- fied sections of directories and shall count 1170, Receivables. also include fees paid by other entities [67 FR 5694, Feb. 6, 2002] for the right to publish the company’s directories. Items to be included are: Subpart E—Instructions for (a) All revenue derived from the clas- Expense Accounts sified section of the directories; (b) Revenue from the sale of new tele- § 32.5999 General. phone directories whether they are the (a) Structure of the expense accounts. company’s own directories or direc- (1) The expense section of the system of tories purchased from others. This accounts shall be organized by expense shall also include revenue from the group summary account, and sub- sale of specially bound telephone direc- sidiary record category (if required). tories and special telephone directory (2) The expense section of this system covers; of accounts shall be comprised of four (c) Amounts charged for additional major expense groups—Plant Specific and boldface listings, marginal dis- Operations, Plant Nonspecific Oper- plays, inserts, and other advertise- ations, Customer Operations and Cor- ments in the alphabetical section of porate Operations. Expenses to be re- the company’s telephone directories; corded in Plant Specific and Plant and Nonspecific Operations Expense Groups (d) Charges for unlisted and non-pub- generally reflect cost associated with lished telephone numbers. the various kinds of equipment identified in the plant asset accounts. Ex- [69 FR 44607, July 27, 2004] penses to be recorded in the Customer Operations and Corporate Operations

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accounts reflect the costs of, or are as- job is the operation of plant equip- sociated with, functions performed by ment, such as general purpose com- people, irrespective of the organization puter operators, aircraft pilots, chauf- in which any particular function is per- feurs and shuttle bus drivers. However, formed. when the operation of equipment is (3) Accounts shall be maintained as performed as part of other identifiable prescribed in this section subject to the functions (such as the use of office conditions described in § 32.13 in sub- equipment, capital tools or motor vehi- part B. Subsidiary record categories cles), the operators’ cost shall be may be required below the account charged to accounts appropriate for level by this system of accounts or by those functions. (For costs of operator Commission order. services personnel, see Accounts 6621, (b) Plant Specific Operations Expense. Call completion services, and 6622, (1) The Plant Specific Operations Ex- Number services, and for costs of test pense Accounts, 6110 through 6441, are board personnel see Account 6533.) used to record costs related to specific (c) Plant nonspecific operations ex- kinds of telecommunications plant. pense. The Plant Nonspecific Oper- (2) The Plant Specific Operations Ex- ations Expense accounts shall include pense accounts predominantly mirror expenses related to property held for the telecommunications plant in serv- future telecommunications use, provi- ice detail accounts and are numbered sioning expenses, network operations consistently with them; the first digit expenses, and depreciation and amorti- of the expense account being six (6) and zation expenses. Accounts in this group the remaining digits being the same as (except for Account 6540, Access ex- the last three numbers of the related pense, and Accounts 6560 through 6565) plant account. In classifying Plant shall include the costs of performing Specific Operations expenses, the text activities described in narratives for of the corresponding plant account individual accounts. These costs shall should be consulted to ensure appro- also include the costs of supervision priateness. and office support of these activities. (3) The Plant Specific Operations Ex- (d) Customer Operations Expense. The pense accounts shall include the costs Customer Operations Expense accounts of inspecting, testing (except as speci- shall include the cost of performing fied in Account 6533, Testing Expense) customer related marketing and serv- and reporting on the condition of tele- ices activities described in narratives communications plant to determine for individual accounts. These costs the need for repairs, replacements, re- shall also include the costs of super- arrangements and changes; performing vision, office support and training for routine work to prevent trouble (ex- these activities. cept as specified in Account 6533), re- (e) Corporate Operations Expense. The placing items of plant other than re- Corporate Operations Expense accounts tirement units; rearranging and chang- shall include the costs of performing ing the location of plant not retired; executive and planning activities and repairing material for reuse; restoring general and administrative activities the condition of plant damaged by described in narratives for individual storms, floods, fire or other casualties accounts. These costs shall also include (other than the cost of replacing retire- the costs of supervision, office support ment units); inspecting after repairs and training for these activities. have been made; and receiving training (f) Reimbursements. Reimbursements to perform these kinds of work. Also of actual costs incurred in connection included are the costs of direct super- with joint operations or projects re- vision (immediate of first-level) and of- pairing plant due to damages by oth- fice support of this work. ers, and obligations to make changes in (4) In addition to the activities speci- telecommunications plant (such as fied in paragraph (b)(3) of this section, highway relocations), shall be credited the appropriate Plant Specific Oper- to the accounts originally charged. ations Expense accounts shall include (g) Expense accounts to be main- the cost of personnel whose principal tained.

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Class A Class B Account title account account

Income Statement Accounts

Plant specific operations expense: Network support expense ...... 6110 Motor vehicle expense ...... 6112 ...... Aircraft expense ...... 6113 ...... Tools and other work equipment expense ...... 6114 ...... General support expenses ...... 6120 Land and building expenses ...... 6121 ...... Furniture and artworks expense ...... 6122 ...... Office equipment expense ...... 6123 ...... General purpose computers expense ...... 6124 ...... Central office switching expense ...... 6210 Non-digital switching expense ...... 6211 ...... Digital electronic switching expense ...... 6212 ...... Operators system expense ...... 6220 6220 Central office transmission expenses ...... 6230 Radio systems expense ...... 6231 ...... Circuit equipment expense ...... 6232 ...... Information origination/termination expense ...... 6310 Station apparatus expense ...... 6311 ...... Large private branch exchange expense ...... 6341 ...... Public telephone terminal equipment expense ...... 6351 ...... Other terminal equipment expense ...... 6362 ...... Cable and wire facilities expenses ...... 6410 Poles expense ...... 6411 ...... Aerial cable expense ...... 6421 ...... Underground cable expense ...... 6422 ...... Buried cable expense ...... 6423 ...... Submarine and deep sea cable expense ...... 6424 ...... Intrabuilding network cable expense ...... 6426 ...... Aerial wire expense ...... 6431 ...... Conduit systems expense ...... 6441 ...... Plant nonspecific operations expense: Other property plant and equipment expenses ...... 6510 Property held for future telecommunications use expense ...... 6511 ...... Provisioning expense ...... 6512 ...... Network operations expenses ...... 6530 Power expense ...... 6531 ...... Network administration expense ...... 6532 ...... Testing expense ...... 6533 ...... Plant operations administration expense ...... 6534 ...... Engineering expense ...... 6535 ...... Access expense ...... 6540 6540 Depreciation and amortization expenses ...... 6560 Depreciation expense—telecommunications plant in service ...... 6561 ...... Depreciation expense—property held for future telecommunications use ...... 6562 ...... Amortization expense—tangible ...... 6563 ...... Amortization expense—intangible ...... 6564 ...... Amortization expense—other ...... 6565 ...... Customer operations expense: Marketing ...... 6610 Product management and sales ...... 6611 ...... Product advertising ...... 6613 ...... Services ...... 6620 Call completion services ...... 6621 ...... Number services ...... 6622 ...... Customer services ...... 6623 ...... Corporate operations expense: General and administrative ...... 6720 6720 Provision for uncollectible notes receivable ...... 6790 6790

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987; 64 FR 50008, Sept. 15, 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5694, Feb. 6, 2002; 69 FR 53651, Sept. 2, 2004]

§ 32.6110 Network support expenses. type and character required of Class A companies in Accounts 6112 through (a) Class B telephone companies shall 6114. use this account for expenses of the

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(b) Credits shall be made to this ac- fees, washing, repainting and minor account by Class B companies for cessories. The costs of using garage amounts transferred to Construction work equipment to maintain motor ve- and/or other Plant Specific Operations hicles shall be charged to Account 6112, Expense accounts. These amounts shall Motor vehicles expense. This account be computed on the basis of direct shall not be charged with the costs of labor hours. operators of special purpose vehicles [67 FR 5695, Feb. 6, 2002] and other work equipment. The costs of operators of this equipment shall be § 32.6112 Motor vehicle expense. charged to accounts appropriate for the (a) This account shall include costs activities performed. of fuel, lubrications, license and in- (b) Credits shall be made to this ac- spection fees, washing, repainting, and count for amounts related to special minor accessories. Also included are purpose vehicles and other work equip- the costs of personnel whose principal ment transferred to Construction and/ job is operating motor vehicles, such as or to other Plant Specific Operations chauffeurs and shuttle bus drivers. The Expense accounts. These amounts shall costs of users of motor vehicles whose be computed on the basis of direct principal job is not the operation of labor hours. motor vehicles shall be charged to ac- [64 FR 50008, Sept. 15, 1999, as amended at 67 counts appropriate for the activities FR 5695, Feb. 6, 2002] performed. (b) Credits shall be made to this ac- § 32.6120 General support expenses. count for amounts transferred to Con- Class B telephone companies shall struction and/or to other Plant Specific use this account for expenses of the Operations Expense accounts. These type and character required of Class A amounts shall be computed on the companies in Accounts 6121 through basis of direct labor hours. 6124. [51 FR 43499, Dec. 2, 1986, as amended at 67 [67 FR 5695, Feb. 6, 2002] FR 5695, Feb. 6, 2002] § 32.6121 Land and building expense. § 32.6113 Aircraft expense. (a) This account shall include ex- (a) This account shall include such penses associated with land and build- costs as aircraft fuel, flight crews, me- ings (excluding amortization of lease- chanics and ground crews, licenses and hold improvements). This account shall inspection fees, washing, repainting, also include janitorial service, cleaning and minor accessories. supplies, water, sewage, fuel and guard (b) Credits shall be made to this ac- service, and electrical power. count for amounts transferred to Con- (b) The cost of electrical power used struction and/or to other Plant Specific to operate the telecommunications Operations Expense accounts. These network shall be charged to Account amounts shall be computed on the 6531, Power Expense, and the cost of basis of direct labor hours. separately metered electricity used for [51 FR 43499, Dec. 2, 1986, as amended at 67 operating specific types of equipment, FR 5695, Feb. 6, 2002] such as computers, shall be charged to the expense account appropriate for § 32.6114 Tools and other work equip- such use. ment expense. (a) This account shall include costs § 32.6122 Furniture and artworks ex- incurred in connection with special pense. purpose vehicles, garage work equip- This account shall include expenses ment and other work equipment in- associated with furniture and cluded in Account 2114, Tools and other artworks. work equipment. This account shall be charged with costs incurred in connec- § 32.6123 Office equipment expense. tion with the work equipment itself. This account shall be charged only This account shall also include such with costs incurred in connection with costs as fuel, licenses and inspection the office equipment itself. The costs

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of operators of this equipment shall be digital electronic switching equipment charged to accounts appropriate for the used to provide packet switching. activities performed. [67 FR 5695, Feb. 6, 2002] § 32.6124 General purpose computers § 32.6220 Operator systems expense. expense. This account shall include expenses This account shall include the costs associated with operator systems of personnel whose principal job is the equipment. physical operation of general purpose computers and the maintenance of op- § 32.6230 Central office transmission erating systems. This excludes the cost expense. of preparation of input data or the use of outputs which are chargeable to the Class B telephone companies shall use this account for expenses of the accounts appropriate for the activities type and character required of Class A being performed. Also excluded are companies in Accounts 6231 and 6232. costs incurred in planning and maintaining application systems and data- [67 FR 5695, Feb. 6, 2002] bases for general purpose computers. (See also § 32.6720, General and adminis- § 32.6231 Radio systems expense. trative.) Separately metered elec- This account shall include expenses tricity for general purpose computers associated with radio systems. shall also be included in this account. [51 FR 43499, Dec. 2, 1986, as amended at 67 [67 FR 5695, Feb. 6, 2002] FR 5695, Feb. 6, 2002]

§ 32.6210 Central office switching ex- § 32.6232 Circuit equipment expense. penses. (a) This account shall include ex- Class B telephone companies shall penses associated with circuit equip- use this account for expenses of the ment. Circuit equipment expenses shall type and character required of Class A be maintained in the following sub- companies in Accounts 6211 through accounts: 6232.1 Electronic, 6232.2 Opti- 6212. cal. [67 FR 5695, Feb. 6, 2002] (b) This subaccount 6232.1 Electronic shall include expenses associated with § 32.6211 Non-digital switching ex- electronic circuit equipment. pense. (c) This subaccount 6232.2 Optical This account shall include expenses shall include expenses associated with optical circuit equipment. associated with non-digital electronic switching and electro-mechanical [67 FR 5695, Feb. 6, 2002] switching. § 32.6310 Information origination/ter- [67 FR 5695, Feb. 6, 2002] mination expenses. § 32.6212 Digital electronic switching Class B telephone companies shall expense. use this account for expenses of the type and character required of Class A (a) This account shall include ex- telephone companies in Accounts 6311 penses associated with digital elec- through 6362. tronic switching. Digital electronic switching expenses shall be maintained [67 FR 5696, Feb. 6, 2002] in the following subaccounts: 6212.1 Circuit, 6212.2 Packet. § 32.6311 Station apparatus expense. (b) This subaccount 6212.1 Circuit This account shall include expenses shall include expenses associated with associated with station apparatus. Ex- digital electronic switching equipment penses associated with company inter- used to provide circuit switching. nal use communication equipment (c) This subaccount 6212.2 Packet shall be recorded in Account 6123, Of- shall include expenses associated with fice Equipment Expense.

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§ 32.6341 Large private branch ex- § 32.6424 Submarine and deep sea change expense. cable expense. This account shall include expenses (a) This account shall include ex- associated with large private branch penses associated with submarine and exchanges. Expenses associated with deep sea cable. company internal use communication (b) Subsidiary record categories shall equipment shall be recorded in Account be maintained as provided in § 32.2424. 6123, Office Equipment Expense. [67 FR 5696, Feb. 6, 2002]

§ 32.6351 Public telephone terminal § 32.6426 Intrabuilding network cable equipment expense. expense. This account shall include expenses (a) This account shall include ex- associated with public telephone ter- penses associated with intrabuilding minal equipment. network cable. (b) Subsidiary record categories shall § 32.6362 Other terminal equipment be maintained as provided in § 32.2426(a) expense. of subpart C. This account shall include expenses § 32.6431 Aerial wire expense. associated with other terminal equipment. This account shall include expenses associated with aerial wire. § 32.6410 Cable and wire facilities expenses. § 32.6441 Conduit systems expense. Class B telephone companies shall This account shall include expenses use this account for expenses of the associated with conduit systems. type and character required of Class A § 32.6510 Other property, plant and companies in Accounts 6411 through equipment expenses. 6441. Class B telephone companies shall [67 FR 5696, Feb. 6, 2002] use this account for expenses of the type and character required of Class A § 32.6411 Poles expense. companies in Accounts 6511 and 6512. This account shall include expenses [67 FR 5696, Feb. 6, 2002] associated with poles. § 32.6511 Property held for future tele- § 32.6421 Aerial cable expense. communications use expense. (a) This account shall include ex- This account shall include expenses penses associated with aerial cable. associated with property held for fu- (b) Subsidiary record categories shall ture telecommunications use. be maintained as provided in § 32.2421(a) of subpart C. § 32.6512 Provisioning expense. (a) This account shall include costs § 32.6422 Underground cable expense. incurred in provisioning material and (a) This account shall include ex- supplies, including office supplies. This penses associated with underground includes receiving and stocking, filling cable. requisitions from stock, monitoring and replenishing stock levels, delivery (b) Subsidiary record categories shall of material, storage, loading or unload- be maintained as provided in § 32.2422(a) ing and administering the reuse or re- of subpart C. furbishment of material. Also included are adjustments resulting from the § 32.6423 Buried cable expense. periodic inventory of material and sup- (a) This account shall include ex- plies. penses associated with buried cable. (b) Credits shall be made to this ac- (b) Subsidiary record categories shall count for amounts transferred to con- be maintained as provided in § 32.2423(a) struction and/or to Plant Specific Oper- of subpart C. ations Expense. These costs are to be

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cleared by adding to the cost of mate- training) and coordinating safety pro- rial and supplies a suitable loading grams. charge. (b) Credits shall be made to this ac- [67 FR 5696, Feb. 6, 2002] count for amounts transferred to construction accounts. These amounts § 32.6530 Network operations expense. shall be computed on the basis of direct Class B telephone companies shall labor hours. (See § 32.2000(c)(2)(ii) of use this account for expenses of the subpart C.) type and character required of Class A companies in Accounts 6531 through § 32.6535 Engineering expense. 6535. (a) This account shall include costs [67 FR 5696, Feb. 6, 2002] incurred in the general engineering of the telecommunications plant which § 32.6531 Power expense. are not directly chargeable to an un- This account shall include the cost of dertaking or project. This includes de- electrical power used to operate the veloping input to the fundamental telecommunications network. planning process, performing preliminary work or advance planning in con- § 32.6532 Network administration ex- nection with potential undertakings, pense. and performing special studies of an This account shall include costs in- engineering nature. curred in network administration. This (b) Credits shall be made to this ac- includes such activities as controlling count for amounts transferred to con- traffic flow, administering traffic struction accounts. These amounts measuring and monitoring devices, as- shall be computed on the basis of direct signing equipment and load balancing, labor hours. (See § 32.2000(c)(2)(ii) of collecting and summarizing traffic subpart C.) data, administering trunking, and assigning interoffice facilities and circuit § 32.6540 Access expense. layout work. (a) This account shall include § 32.6533 Testing expense. amounts paid by interexchange car- This account shall include costs in- riers or other exchange carriers to an- curred in testing telecommunications other exchange carrier for the provi- facilities from a testing facility (test sion of carrier’s carrier access. desk or other testing system) to deter- (b) Subsidiary record categories shall mine the condition of plant on either a be maintained in order that the entity routine basis or prior to assignment of may separately report interstate and the facilities; receiving, recording and intrastate carrier’s carrier expense. analyzing trouble reports; testing to Such subsidiary record categories shall determine the nature and location of be reported as required by part 43 of reported trouble condition; and dis- this Commission’s Rules and Regula- patching repair persons or otherwise tions. initiating corrective action. (Note also § 32.5999(b)(3) of this subpart.) [52 FR 43917, Nov. 17, 1987]

§ 32.6534 Plant operations administra- § 32.6560 Depreciation and amortization expense. tion expenses. (a) This account shall include costs Class B telephone companies shall incurred in the general administration use this account for expenses of the of plant operations. This includes su- type and character required of Class A pervising plant operations (except as companies in Accounts 6561 through specified in § 32.5999(a)(3) of this sub- 6565. part; planning, coordinating and monitoring plant operations; and per- [69 FR 53652, Sept. 2, 2004] forming staff work such as developing methods and procedures, preparing and conducting training (except on-the-job

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§ 32.6561 Depreciation expense—tele- (a) Costs incurred in performing ad- communications plant in service. ministrative activities related to mar- This account shall include the depre- keting products and services. This in- ciation expense of capitalized costs in cludes competitive analysis, product Accounts 2112 through 2441, inclusive. and service identification and specification, test market planning, demand [69 FR 44607, July 27, 2004] forecasting, product life cycle analysis, pricing analysis, and identification and § 32.6562 Depreciation expense—property held for future telecommuni- establishment of distribution channels. cations use. (b) Costs incurred in selling products This account shall include the depre- and services. This includes determina- ciation expense of capitalized costs in- tion of individual customer needs, de- cluded in Account 2002, Property held velopment and presentation of cus- for future telecommunications use. tomer proposals, sales order preparation and handling, and preparation of [69 FR 53652, Sept. 2, 2004] sales records. § 32.6563 Amortization expense—tan- [67 FR 5696, Feb. 6, 2002] gible. This account shall include only the § 32.6613 Product advertising. amortization of costs included in Ac- This account shall include costs in- counts 2681, Capital leases, and 2682, curred in developing and implementing Leasehold improvements. promotional strategies to stimulate [69 FR 44607, July 27, 2004] the purchase of products and services. This excludes nonproduct-related ad- § 32.6564 Amortization expense—intan- vertising, such as corporate image, gible. stock and bond issue and employment This account shall include the amor- advertisements, which shall be in- tization of costs included in Account cluded in the appropriate functional 2690, Intangibles. accounts. [69 FR 44607, July 27, 2004] § 32.6620 Services. § 32.6565 Amortization expense—other. Class B telephone companies shall use this account for expenses of the (a) This account shall include only type and character required of Class A the amortization of costs included in companies in Accounts 6621 through Account 2005, Telecommunications 6623. plant adjustment. (b) This account shall also include [69 FR 53652, Sept. 2, 2004] lump-sum write offs of amounts of plant acquisition adjustment as pro- § 32.6621 Call completion services. vided for in § 32.2005(b)(3) of subpart C. This account shall include costs in- (c) Subsidiary records shall be main- curred in helping customers place and tained so as to show the character of complete calls, except directory assist- the amounts contained in this account. ance. This includes handling and re- [69 FR 44607, July 27, 2004] cording; intercept; quoting rates, time and charges; and all other activities in- § 32.6610 Marketing. volved in the manual handling of calls. Class B telephone companies shall [69 FR 44607, July 27, 2004] use this account for expenses of the type and character required of Class A § 32.6622 Number services. companies in Accounts 6611 through This account shall include costs in- 6613. curred in providing customer number [67 FR 5696, Feb. 6, 2002] and classified listings. This includes preparing or purchasing, compiling, § 32.6611 Product management and and disseminating those listings sales. through directory assistance or other This account shall include: means.

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§ 32.6623 Customer services. corollary cost accounting), non-cus- (a) This account shall include costs tomer billing, tax accounting, internal incurred in establishing and servicing and external auditing, capital and op- customer accounts. This includes: erating budget analysis and control, (1) Initiating customer service orders and general accounting (accounting and records; principles and procedures and journals, (2) Maintaining and billing customer ledgers, and financial reports). Finan- accounts; cial services include banking oper- (3) Collecting and investigating cus- ations, cash management, benefit in- tomer accounts, including collecting vestment fund management (including revenues, reporting receipts, admin- actuarial services), securities manage- istering collection treatment, and han- ment, debt trust administration, cor- dling contacts with customers regard- porate financial planning and analysis, ing adjustments of bills; and internal cashier services. (4) Collecting and reporting pay sta- (d) Maintaining relations with gov- tion receipts; and ernment, regulators, other companies (5) Instructing customers in the use and the general public. This includes: of products and services. (1) Reviewing existing or pending leg- (b) This account shall also include islation (see also Account 7300, Nonop- amounts paid by interexchange car- erating income and expense, for lob- riers or other exchange carriers to an- bying expenses); other exchange carrier for billing and (2) Preparing and presenting informa- collection services. Subsidiary record tion for regulatory purposes, including categories shall be maintained in order tariff and service cost filings, and ob- that the entity may separately report taining radio licenses and construction interstate and intrastate amounts. permits; Such subsidiary record categories shall (3) Performing public relations and be reported as required by part 43 of non-product-related corporate image this Commission’s rules and regula- advertising activities; tions. (4) Administering relations, including negotiating contracts, with tele- [69 FR 44608, July 27, 2004] communications companies and other § 32.6720 General and administrative. utilities, businesses, and industries. This excludes sales contracts (see also This account shall include costs in- Account 6611, Product management curred in the provision of general and and sales); and administrative services as follows: (5) Administering investor relations. (a) Formulating corporate policy and (e) Performing personnel administra- in providing overall administration and tion activities. This includes: management. Included are the pay, fees (1) Equal Employment Opportunity and expenses of boards of directors or and Affirmative Action Programs; similar policy boards and all board-des- (2) Employee data for forecasting, ignated officers of the company and planning and reporting; their office staffs, e.g., secretaries and staff assistants. (3) General employment services; (b) Developing and evaluating long- (4) Occupational medical services; term courses of action for the future (5) Job analysis and salary programs; operations of the company. This in- (6) Labor relations activities; cludes performing corporate organiza- (7) Personnel development and staff- tion and integrated long-range plan- ing services, including counseling, ca- ning, including management studies, reer planning, promotion and transfer options and contingency plans, and programs; economic strategic analysis. (8) Personnel policy development; (c) Providing accounting and finan- (9) Employee communications; cial services. Accounting services in- (10) Benefit administration; clude payroll and disbursements, prop- (11) Employee activity programs; erty accounting, capital recovery, reg- (12) Employee safety programs; and ulatory accounting (revenue require- (13) Nontechnical training course de- ments, separations, settlements and velopment and presentation.

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(f) Planning and maintaining applica- cilities), archives, general security in- tion systems and databases for general vestigation services, operating official purpose computers. private branch exchanges in the con- (g) Providing legal services: This in- duct of the business, and telecommuni- cludes conducting and coordinating cations and mail services. Also in- litigation, providing guidance on regu- cluded are payments in settlement of latory and labor matters, preparing, re- accident and damage claims, insurance viewing and filing patents and con- premiums for protection against losses tracts and interpreting legislation. and damages, direct benefit payments Also included are court costs, filing to or on behalf of retired and separated fees, and the costs of outside counsel, employees, accident and sickness dis- depositions, transcripts and witnesses. ability payments, supplemental pay- (h) Procuring material and supplies, ments to employees while in govern- including office supplies. This includes mental service, death payments, and analyzing and evaluating suppliers’ other miscellaneous costs of a cor- products, selecting appropriate sup- porate nature. This account excludes pliers, negotiating supply contracts, the cost of office services, which are to placing purchase orders, expediting and be included in the accounts appropriate controlling orders placed for material, for the activities supported. developing standards for material pur- [67 FR 5696, Feb. 6, 2002] chased and administering vendor or user claims. § 32.6790 Provision for uncollectible (i) Making planned search or critical notes receivable. investigation aimed at discovery of This account shall be charged with new knowledge. It also includes trans- amounts concurrently credited to Ac- lating research findings into a plan or count 1170, Receivables. design for a new product or process or for a significant improvement to an ex- [67 FR 5697, Feb. 6, 2002] isting product or process, whether intended for sale or use. This excludes Subpart F—Instructions For Other making routine alterations to existing Income Accounts products, processes, and other ongoing operations even though those alter- § 32.6999 General. ations may represent improvements. (a) Structure of the other income ac- (j) Performing general administra- counts. The Other Income Accounts are tive activities not directly charged to designed to reflect both operating and the user, and not provided in para- nonoperating income items including graphs (a) through (i) of this section. taxes, extraordinary items and other This includes providing general ref- income and expense items not properly erence libraries, food services (e.g., included elsewhere. cafeterias, lunch rooms and vending fa- (b) Other income accounts listing.

Class A Class B Account title account account

Other operating income and expense: Other operating income and expense ...... 7100 7100 Operating taxes: Operating taxes ...... 7200 Operating investment tax credits-net ...... 7210 ...... Operating Federal income taxes ...... 7220 ...... Operating state and local income taxes ...... 7230 ...... Operating other taxes ...... 7240 ...... Provision for deferred operating income taxes—net ...... 7250 ...... Nonoperating income and expense: Nonoperating income and expense ...... 7300 7300 Nonoperating taxes: Nonoperating taxes ...... 7400 7400 Interest and related items: Interest and related items ...... 7500 7500 Extraordinary items ...... 7600 7600 Jurisdictional differences and non-regulated income items: Income effect of jurisdictional ratemaking difference—net ...... 7910 7910

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Class A Class B Account title account account

Nonregulated net income ...... 7990 7990

[67 FR 5697, Feb. 6, 2002]

§ 32.7100 Other operating income and (e) Charges or credits, as appropriate, expenses. to record the results of transactions, events or circumstances which are of This account shall be used to record an operational nature, but occur irreg- the results of transactions, events or ularly or are peripheral to the major or circumstances during the periods central operations of the company and which are incidental or peripheral to not provided for elsewhere. the major or central operations of the company. It shall be used to record all [67 FR 5698, Feb. 6, 2002] items of an operating nature such as incidental work performed for others § 32.7199 Content of accounts. not provided for elsewhere. Whenever The Operating Tax accounts shall in- practicable the inflows and outflows clude the taxes arising from the cen- associated with a transaction, event or tral operations of the company. circumstances shall be matched and the result shown as a net gain or loss. § 32.7200 Operating taxes. This account shall include the fol- Class B telephone companies shall lowing: use this account for operating taxes of (a) Profits realized from custom work the type and character required of (plant construction) performed for oth- Class A companies in Accounts 7210 ers incident to the company’s regu- through 7250. lated telecommunications operations. [67 FR 5698, Feb. 6, 2002] This includes profits from the incidental performance of nontariffed con- § 32.7210 Operating investment tax struction activities (including associ- credits—net. ated engineering and design) for others (a) This account shall be charged and which are similar in nature to those Account 4320, Unamortized Operating activities which are performed by the Investment Tax Credits—Net, shall be company in constructing its own tele- credited with investment tax credits communications plant facilities. The generated from qualified expenditures records supporting the entries in this related to regulated operations which account for income and custom work the company defers rather than recog- shall be maintained with sufficient nizes currently in income. particularity to identify separately the (b) This account shall be credited and revenue and costs associated with each Account 4320 shall be charged ratably undertaking. with the amortization of each year’s (b) Return on investment for the use investment tax credits included in Ac- of regulated property plant and equip- count 4320 for investment services for ment to provide nonregulated products ratemaking purposes. Such amortiza- and services. tion shall be determined in relation to (c) All gains and losses resulting the period of time used for computing from the exchange of foreign currency. book depreciation on the property with Transaction (realized) gains or losses respect to which the tax credits relate. shall be measured based on the ex- [51 FR 43499, Dec. 2, 1986, as amended at 67 change rate in effect on the trans- FR 5698, Feb. 6, 2002] action date. Unrealized gains or losses shall be measured based on the ex- § 32.7220 Operating Federal income change rate in effect at the balance taxes. sheet date. (a) This account shall be charged and (d) Gains or losses resulting from the Account 4070, Income Taxes-Accrued, disposition of land or artworks. shall be credited for the amount of

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Federal Income Taxes for the current (d) Interest on tax assessments which period. This account shall also reflect are not paid when due shall be included subsequent adjustments to amounts in Account 7500, Interest and related previously charged. items. (b) Taxes should be accrued each (e) Taxes paid by the company under month on an estimated basis and ad- tax-free covenants on indebtedness justments made as later data becomes shall be charged to Account 7300, Non- available. operating income and expense. (c) Tax credits, other than invest- (f) Sales and use taxes shall be ac- ment tax credits, if normalized, shall counted for, so far as practicable, as be recorded consistent with the ac- part of the cost of the items to which counting for investment tax credits the taxes relate. and shall be amortized to income as di- (g) Taxes on rented telecommuni- rected by this Commission. cations plant which are borne by the (d) No entries shall be made to this lessee shall be credited by the owner to account to reflect interperiod tax allo- Account 5200, Miscellaneous revenue, cations. and shall be charged by the lessee to the appropriate Plant Specific Oper- § 32.7230 Operating state and local in- ations Expense account. come taxes. [51 FR 43499, Dec. 2, 1986, as amended at 67 (a) This account shall be charged and FR 5698, Feb. 6, 2002] Account 4070, Income Taxes—Accrued, shall be credited for the amount of § 32.7250 Provision for deferred oper- state and local income taxes for the ating income taxes—net. current period. This account shall also (a) This account shall be charged or reflect subsequent adjustments to credited, as appropriate, with contra en- amounts previously charged. tries recorded to the following accounts (b) Taxes should be accrued each for income tax expense that has been month on an estimated basis and ad- deferred in accordance with § 32.22 of justments made as later data becomes subpart B. available. 4100 Net Current Deferred Operating Income (c) No entries shall be made to this Taxes account to reflect interperiod tax allo- 4340 Net Noncurrent Deferred Operating In- cations. come Taxes (b) Subsidiary record categories shall § 32.7240 Operating other taxes. be maintained to distinguish between (a) This account shall be charged and property and nonproperty related de- Account 4080, Other Taxes—Accrued, ferrals and so that the company may shall be credited for all taxes, other separately report that amounts con- than Federal, state and local income tained herein that relate to Federal, taxes and payroll related taxes, related state and local income taxes. Such sub- to regulated operations applicable to sidiary record categories shall be re- current periods. Among the items in- ported as required by part 43 of this cludable in this account are property, Commission’s Rules and Regulations. gross receipts, franchise and capital stock taxes; this account shall also re- § 32.7300 Nonoperating income and ex- flect subsequent adjustments to pense. amounts previously charged. This account shall be used to record (b) Special assessments for street and the results of transactions, events and other improvements and special benefit circumstances affecting the company taxes, such as water taxes and the like, during a period and which are not oper- shall be included in the operating ex- ational in nature. This account shall pense accounts or investment ac- include such items as nonoperating counts, as may be appropriate. taxes, dividend income and interest in- (c) Discounts allowed for prompt pay- come. Whenever practicable, the ment of taxes shall be credited to the inflows and outflows associated with a account to which the taxes are charge- transaction or event shall be matched able. and the result shown as a net gain or

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loss. This account shall include the fol- (2) Gains or losses realized on the lowing: sale of temporary cash investments or (a) Dividends on investments in com- marketable equity securities; mon and preferred stock, which is the (3) Net unrealized losses on invest- property of the company, whether such ments in current marketable equity se- stock is owned by the company and curities; held in its treasury, or deposited in (4) Write-downs or write-offs of the trust including sinking or other funds, book costs of investment in equity se- or otherwise controlled. curities due to permanent impairment; (b) Dividends received and receivable (5) Gains or losses of nonoperating from affiliated companies accounted nature arising from foreign currency for on the equity method shall be in- exchange or translation; cluded in Account 1410, Other noncurrent assets, as a reduction of the car- (6) Gains or losses from the extin- rying value of the investments. guishment of debt made to satisfy (c) Interest on securities, including sinking fund requirements; notes and other evidences of indebted- (7) Amortization of goodwill; ness, which are the property of the (8) Company’s share of the earnings company, whether such securities are or losses of affiliated companies ac- owned by the company and held in its counted for on the equity method; and treasury, or deposited in trust includ- (9) The net balance of the revenue ing sinking or other funds, or other- from and the expenses (including de- wise controlled. It shall also include in- preciation, amortization and insur- terest on cash bank balances, certifi- ance) of property, plant, and equip- cates of deposits, open accounts, and ment, the cost of which is includable in other analogous items. Account 2006, Nonoperating plant. (d) For each month the applicable (h) Costs that are typically given spe- amount requisite to extinguish, during cial regulatory scrutiny for rate- the interval between the date of acqui- making purposes. Unless specific jus- sition and date of maturity, the dif- tification to the contrary is given, such ference between the purchase price and costs are presumed to be excluded from the par value of securities owned or the costs of service in setting rates. held in sinking or other funds, the in- (1) Lobbying includes expenditures come from which is includable in this for the purpose of influencing public account. Amounts thus credited or opinion with respect to the election or charged shall be concurrently included appointment of public officials, in the accounts in which the securities referenda, legislation, or ordinances are carried. (either with respect to the possible (e) Amounts charged to the tele- adoption of new referenda, legislation communications plant under construc- or ordinances, or repeal or modification account related to allowance for tion of existing referenda, legislation funds used during construction. (See or ordinances) or approval, modifica- § 32.2000(c)(2)(x).) tion, or revocation of franchises, or for (f) Gains or losses resulting from: the purpose of influencing the deci- (1) The disposition of land or artworks; sions of public officials. This also in- (2) The disposition of plant with traf- cludes advertising, gifts, honoraria, fic; and political contributions. This does (3) The disposition of nonoperating not include such expenditures which telecommunications plant not pre- are directly related to communications viously used in the provision of tele- with and appearances before regulatory communications services. or other governmental bodies in con- (g) All other items of income and nection with the reporting utility’s ex- gains or losses from activities not spe- isting or proposed operations; cifically provided for elsewhere, includ- (2) Contributions for charitable, so- ing representative items such as: cial or community welfare purposes; (1) Fees collected in connection with (3) Membership fees and dues in so- the exchange of coupon bonds for reg- cial, service and recreational or ath- istered bonds; letic clubs and organizations;

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(4) Penalties and fines paid on ac- the entire amount of the credit realized count of violations of statutes. This ac- during the year. Tax credits, other count shall also include penalties and than investment tax credits, if normal- fines paid on account of violations of ized, shall be recorded consistent with U.S. antitrust statutes, including the accounting for investment tax judgements and payments in settle- credits. ment of civil and criminal suits alleg- (f) No entries shall be made to this ing such violations; and account to reflect interperiod tax allo- (5) Abandoned construction projects. cation. (i) Cash discounts on bills for mate- (g) Taxes (both Federal and state) rial purchased shall not be included in shall be accrued each month on an esti- this account. mated basis and adjustments made as [67 FR 5698, Feb. 6, 2002] later data becomes available. (h) This account shall be charged and § 32.7400 Nonoperating taxes. Account 4080, Other taxes—accrued, This account shall include taxes aris- shall be credited for all nonoperating ing from activities which are not a part taxes, other than Federal, state and of the central operations of the entity. local income taxes, and payroll related (a) This account shall be charged and taxes for the current period. Among Account 4330, Unamortized nonop- the items includable in this account erating investment tax credits—net, are property, gross receipts, franchise shall be credited with investment tax and capital stock taxes. This account credits generated from qualified ex- shall also reflect subsequent adjust- penditures related to other operations ments to amounts previously charged. which the company has elected to defer (i) This account shall be charged or rather than recognize currently in in- credited, as appropriate, with contra come. entries recorded to the following ac- (b) This account shall be credited and counts for nonoperating tax expenses Account 4330 shall be charged with the that has been deferred in accordance amortization of each year’s investment with § 32.22: 4110 Net Current Deferred tax credits included in such accounts Nonoperating Income Taxes, 4350 Net relating to amortization of previously Noncurrent Deferred Nonoperating In- deferred investment tax credits of come Taxes. other property or regulated property, (j) Subsidiary record categories shall the amortization of which does not be maintained to distinguish between serve to reduce costs of service (but the property and nonproperty related de- unamortized balance does reduce rate ferrals and so that the company may base) for ratemaking purposes. Such separately report the amounts con- amortization shall be determined with tained herein that relate to Federal, reference to the period of time used for state and local income taxes. Such sub- computing book depreciation on the sidiary record categories shall be re- property with respect to which the tax ported as required by part 43 of this credits relate. chapter. (c) This account shall be charged and Account 4070, Income taxes—accrued, [67 FR 5699, Feb. 6, 2002] shall be credited for the amount of nonoperating Federal income taxes and § 32.7500 Interest and related items. state and local income taxes for the (a) This account shall include the current period. This account shall also current accruals of interest on all reflect subsequent adjustments to classes of funded debt the principal of amounts previously charged. which is includable in Account 4200, (d) Taxes shall be accrued each Long term debt and funded debt. It month on an estimated basis and ad- shall also include the interest on fund- justments made as more current data ed debt the maturity of which has been becomes available. extended by specific agreement. This (e) Companies that adopt the flow- account shall be kept so that the inter- through method of accounting for in- est on each class of funded debt may be vestment tax credits shall reduce the shown separately in the annual reports calculated provision in this account by to this Commission.

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(b) These accounts shall not include actions that are extraordinary. Ex- charges for interest on funded debt traordinary events and transactions issued or assumed by the company and are distinguished by both their unusual held by or for it, whether pledged as nature and by the infrequency of their collateral or held in its treasury, in occurrence, taking into account the en- special deposits or in sinking or other vironment in which the company oper- funds. ates. This account shall also include (c) Interest expressly provided for the related income tax effect of the ex- and included in the face amount of se- traordinary items. curities issued shall be charged at the (b) This account shall be credited time of issuance to Account 1280, Pre- and/or charged with nontypical, non- payments, and cleared to this account customary and infrequently recurring as the term expires to which the inter- gains and/or losses which would signifi- est applies. cantly distort the current year’s in- (d) This account shall also include come computed before such extraor- monthly amortization of balances in dinary items, if reported other than as Account 4200, Long-term debt and fund- extraordinary items. ed debt. (c) This account shall be charged or (e) This account shall include the in- credited and Account 4070, Income terest portion of each capital lease taxes—accrued, shall be credited or payment. charged for all current income tax ef- (f) This account shall include the fects (Federal, state and local) of ex- monthly amortization of the balances traordinary items. in Account 1410, Other noncurrent as- (d) This account shall also be charged sets. or credited, as appropriate, with a (g) This account shall include all in- contra amount recorded to Account terest deductions not provided for else- 4350, Net noncurrent deferred nonop- where, e.g., discount, premium, and ex- erating income taxes or Account 4110, pense on notes maturing one year or Net current deferred nonoperating in- less from date of issue. come taxes for the income tax effects (h) A list of representative items of (Federal, state and local) of extraor- indebtedness, the interest on which is dinary items that have been deferred in chargeable to this account, follows: accordance with § 32.22. (1) Advances from affiliated compa- [67 FR 5700, Feb. 6, 2002] nies; (2) Advances from nonaffiliated com- § 32.7899 Content of accounts. panies and other liabilities; Jurisdictional differences and non- (3) Assessments for public improve- regulated income amounts shall be in- ments past due; cluded in Accounts 7910 and 7990. (4) Bond coupons, matured and unpaid; § 32.7910 Income effect of jurisdic- (5) Claims and judgments; tional ratemaking differences—net. (6) Customers’ deposits; This account shall include the im- (7) Funded debt mature, with respect pact on revenues and expenses of the to which a definite agreement as to ex- jurisdictional ratemaking practices tension has not been made; which vary from those of this Commis- (8) Notes payable on demand or ma- sion. All entries recorded in this ac- turing one year or less from date of count shall be recorded net of the ap- issue; plicable income tax effects and shall be (9) Open accounts; supported by appropriate subsidiary (10) Tax assessments, past due; and records, where necessary, as provided (11) Discount, premium, and issuance for in § 32.13(e) of subpart B. expense of notes maturing one year or less from date of issue. § 32.7990 Nonregulated net income. [67 FR 5699, Feb. 6, 2002] (a) This account shall be used by those companies who offer nonregu- § 32.7600 Extraordinary items. lated activities that do not involve the (a) This account is intended to seg- joint or common use of assets or re- regate the effects of events or trans- sources used in the provision of both

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regulated and nonregulated products Amortization means the systematic and services, and which have not estab- recoveries, through ratable charges to lished a separate subsidiary for that expense, of the cost of assets. purpose. Associated equipment means that (b) All revenue and expenses (includ- equipment which functions with a spe- ing taxes) incurred in these nonregu- cific type of plant or with two (2) or lated activities shall be recorded on more types of plant, e.g., switching separate books of account for such op- equipment, network power equipment, erations. Only the net of the total reve- circuit equipment, common channel nues and total expenses shall be re- network signaling equipment or net- corded in this account, with a contra work operations equipment. Associated debit or credit to account 1406.3. equipment shall be classified to the ac- [52 FR 6562, Mar. 4, 1987] count appropriate for the type of equipment with which it is predominately used rather than on its own character- Subpart G—Glossary istics. § 32.9000 Glossary of terms. Illustrative examples of associated equipment are: When used in this system of accounts: Alarm and signal apparatus Accelerated depreciation means a de- Auxiliary framing preciation method or period of time, Cable and cable racks including the treatment given cost of Distributing frames and equipment thereon Frame and aisle lighting equipment (not per- removal and gross salvage, used in cal- manently attached to the building) culating depreciation deductions on in- Relay racks and panels come tax returns which is different from the depreciation method or period Basic service area means the min- of time prescribed by this Commission imum specified calling area for which a for use in calculating depreciation ex- tariff is prescribed. pense recorded in a company’s books of Book cost means the amount at which account. property is recorded in these accounts, Account means a specific element of a without deduction of related allow- chart of accounts used to record, clas- ances. sify and accumulate similar financial Common carrier or carrier means any transactions resulting from the oper- person engaged as a common carrier ations of the entity. ‘‘Accounts’’ or for hire, in interstate or foreign com- ‘‘these accounts’’ refer to the accounts munication by wire or radio or in of this system of accounts. interstate or foreign radio trans- Accounting system means the total set mission of energy, except where ref- of interrelated principles, rules, re- erence is made to common carriers not quirements, definitions, accounts, subject to this Act; but a person en- records, procedures and mechanisms gaged in radio broadcasting shall not, necessary to operate and evaluate the insofar as such person is so engaged, be entity from a financial perspective. An deemed a common carrier. accounting system generally consists Company or the company, when not of a chart of accounts, various parallel otherwise indicated in the context, subsystems and subsidiary records. An means the accounting entity. It in- accounting system is utilized to pro- cludes such unincorporated entities vide the necessary financial informa- which may be subject to the Commu- tion to users to meet judiciary and nications Act of 1934, as amended. other responsibilities. Control (including the terms ‘‘con- Affiliated companies means companies trolling,’’ ‘‘controlled by,’’ and ‘‘under that directly or indirectly through one common control with’’) means the pos- or more intermediaries, control or are session directly or indirectly, of the controlled by, or are under common power to direct or cause the direction control with, the accounting company. of the management and policies of a See also Control.

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company, whether such power is exer- the particular item has attained the cised through one or more inter- average service life. mediary companies, or alone, or in con- Indexed revenue threshold for a given junction with, or pursuant to an agree- year means $100 million, adjusted for ment with, one or more other compa- inflation, as measured by the Depart- nies, and whether such power is estab- ment of Commerce Gross Domestic lished through a majority or minority Product Chain-type Price Index (GDP- ownership or voting of securities, com- CPI), for the period from October 19, mon directors, officers, or stock- 1992 to the given year. The indexed rev- holders, voting trusts, holding trusts, enue threshold for a given year shall be affiliated companies, contract, or any determined by multiplying $100 million other direct or indirect means. by the ratio of the annual value of the Cost, except as applied to tele- GDP-CPI for the given year to the esti- communications plants, franchises, and mated seasonally adjusted GDP-CPI on patent rights, means the amount of October 19, 1992. The indexed revenue money actually paid (or the current threshold shall be rounded to the near- money value of any consideration est $1 million. The seasonally adjusted other than money exchanged) for prop- GDP-CPI on October 19, 1992 is deter- erty or services. See also Original Cost. mined to be 100.69. Cost of removal means the cost of de- Intangible property means assets that molishing, dismantling, removing, have no physical existence but instead tearing down, or otherwise disposing of have value because of the rights which telecommunications plant and recov- ownership confers. ering the salvage, including the cost of Intrasystems means assets consisting transportation and handling incident of: thereto. (1) PBX and Key System Common Depreciation means the loss not re- Equipment (a switchboard or switching stored by current maintenance, in- equipment shared by all stations); curred in connection with the con- sumption or prospective retirement of (2) Associated CPE station equipment telecommunications plant in the (usually telephone or Key Telephone course of service from causes which are Systems); and known to be in current operation, (3) Intrasystem wiring (all cable or against which the company is not pro- wiring and associated components tected by insurance, and the effect of which connect the common equipment which can be forecast with a reason- and the station equipment, located on able approach to accuracy. Among the the customer’s side of the demarcation causes to be given consideration are point). wear and tear, decay, action of the ele- An intrasystem does not include ments, inadequacy, obsolescence, property, plant or equipment which are changes in technology, changes in de- not solely dedicated to its operation. mand and requirements of public au- Mid-sized incumbent local exchange thorities. carrier is a carrier whose annual rev- Entity means a legal enterprise (com- enue from regulated telecommuni- mon carrier) engaged in interstate cations operations equals or exceeds communications within the meaning of the indexed revenue threshold and the Communications Act of 1934, as whose revenue when aggregated with amended. the revenues of any local exchange car- Group plan, as applied to depreciation rier that it controls, is controlled by, accounting, means the plan under or with which it is under common con- which depreciation charges are accrued trol is less than $7 billion (indexed for upon the basis of the original cost of inflation as measured by the Depart- all property included in each depre- ment of Commerce Gross Domestic ciable plant account, using the average Product Chain-type Price Index (GDP- service life thereof properly weighted, CPI)). and upon the retirement of any depre- Minor items, as applied to depreciable ciable property its cost is charged to telecommunications plant, means any the depreciation reserve whether or not part or element of such plant, which

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when removed, (with or without re- account and subsidiary record informa- placement) does not initiate retire- tion for specific purposes. ment accounting. Telecommunications means any trans- Original cost or cost, as applied to mission, emission, or reception of telecommunications plant, rights of signs, signals, writing, images or way and other intangible property, sounds or intelligence of any nature by means the actual money cost of (or the wire, radio, visual or other electro- current money value of any consider- magnetic systems. This encompasses ation other than money exchanged for) the aggregate of several modes of con- property at the time when it was first veying information, signals or mes- dedicated to use by a regulated tele- sages over a distance. Included in the communications entity, whether the telecommunications industry is the accounting company or by prede- transmitting, receiving, or exchanging cessors. of information among multiple locations. The minimum elements required For the application of this definition to for the telecommunications process to property acquired from predecessors occur are a message source, a trans- see § 32.2000(b)(1) of subpart C. Note also mission medium and a receiver. the definition of Cost in this section. Time of installation means the date at Plant retired means plant which has which telecommunications plant is been removed, sold, abandoned, de- placed in service. stroyed, or otherwise withdrawn from Time of retirement means the date at service. which telecommunications plant is re- Retirement units, as applied to depre- tired from service. ciable telecommunications plant, Tangible property means assets char- means those items of plant which when acterized by physical existence, such as removed (with or without replacement) land, buildings, equipment, furniture, cause the initiation of retirement ac- fixtures and tools. counting entries. Salvage value means the amount re- [51 FR 43499, Dec. 2, 1986, as amended at 61 FR 50245, Sept. 25, 1996; 62 FR 39778, July 24, ceived for property retired, if sold, or if 1997; 62 FR 51064, Sept. 30, 1997; 64 FR 50008, retained for reuse, the amount at Sept. 15, 1999; 67 FR 5700, Feb. 6, 2002] which the material recovered is chargeable to Account 1220, Material PART 36—JURISDICTIONAL SEPA- and Supplies, or other appropriate account. RATIONS PROCEDURES; STAND- Straight-line method, as applied to de- ARD PROCEDURES FOR SEPA- preciation accounting, means the plan RATING TELECOMMUNICATIONS under which the cost of property is PROPERTY COSTS, REVENUES, EX- charged to operating expenses and PENSES, TAXES AND RESERVES credited to accumulated depreciation FOR TELECOMMUNICATIONS through equal annual charges as nearly COMPANIES 1 as may be during its service life. Subsidiary record means accumulation Subpart A—General of detailed information which is re- Sec. quired by this Commission to be main- 36.1 General. tained in support of entries to the ac- 36.2 Fundamental principles underlying pro- counts. cedures. Subsidiary record categories means 36.3 Freezing of jurisdictional separations those segregations of certain regulated category relationships and/or allocation costs, expenses and revenues which factors. must be maintained and are subject to specific reporting requirements of this 1 The Commission has determined that the Commission. same jurisdictional separations used in the Subsystems, parallel mechanisms means contiguous states are to be used for Alaska, Hawaii, Puerto Rico and the Virgin Islands. processes or procedures which augment Integration of Rates and Services, Docket No. the use of a chart of accounts in the fi- 21263, 87 FCC 2nd 18 (1981); Integration of Rates nancial operation of the entity. These and Services, Docket No. 21264, 72 FCC 2nd 699 subsystems operate on and/or process (1979).

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36.4 Streamlining procedures for processing MATERIAL AND SUPPLIES AND CASH WORKING petitions for waiver of study area bound- CAPITAL aries. 36.181 Material and supplies—Account 1220. Subpart B—Telecommunications Property 36.182 Cash working capital.

GENERAL EQUAL ACCESS EQUIPMENT 36.101 Section arrangement. 36.191 Equal access equipment. 36.102 General. Subpart C—Operating Revenues and GENERAL SUPPORT FACILITIES Certain Income Accounts 36.111 General. 36.112 Apportionment procedure. GENERAL

CENTRAL OFFICE EQUIPMENT 36.201 Section arrangement. 36.202 General. 36.121 General. 36.122 Categories and apportionment proce- OPERATING REVENUES dures. 36.123 Operator systems equipment—Cat- 36.211 General. egory 1. 36.212 Basic local services revenue—Account 36.124 Tandem switching equipment—Cat- 5000 (Class B telephone companies); Basic egory 2. area revenue—Account 5001 (Class A tele- 36.125 Local switching equipment—Category phone companies). 3. 36.213 Network access services revenues. 36.126 Circuit equipment—Category 4. 36.214 Long distance message revenue—Ac- count 5100. INFORMATION ORIGINATION/TERMINATION (IOT) 36.215 Miscellaneous revenue—Account 5200. EQUIPMENT 36.216 Uncollectible revenue—Account 5300. 36.141 General. 36.142 Categories and apportionment proce- CERTAIN INCOME ACCOUNTS dures. 36.221 Other operating income and ex- CABLE AND WIRE FACILITIES penses—Account 7100. 36.222 Nonoperating income and expenses— 36.151 General. Account 7300. 36.152 Categories of Cable and Wire Facili- 36.223 Interest and related items—Account ties (C&WF). 36.153 Assignment of Cable and Wire Facili- 7500. ties (C&WF) to categories. 36.224 Extraordinary items—Account 7600. 36.154 Exchange Line Cable and Wire Facili- 36.225 Income effect of jurisdictional rate- ties (C&WF)—Category 1—apportionment making differences—Account 7910. procedures. 36.155 Wideband and exchange truck Subpart D—Operating Expenses and Taxes (C&WF)—Category 2—apportionment procedures. GENERAL 36.156 Interexchange Cable and Wire Facili- 36.301 Section arrangement. ties (C&WF)—Category 3—apportionment 36.302 General. procedures. 36.157 Host/remote message Cable and Wire PLANT SPECIFIC OPERATIONS EXPENSES Facilities (C&WF)—Category 4—apportionment procedures. 36.310 General.

AMORTIZABLE ASSETS NETWORK SUPPORT/GENERAL SUPPORT EXPENSES 36.161 Tangible assets—Account 2680. 36.162 Intangible assets—Account 2690. 36.311 Network Support/General Support Expenses—Accounts 6110 and 6120 (Class TELECOMMUNICATIONS PLANT—OTHER B Telephone Companies); Accounts 6112, 36.171 Property held for future tele- 6113, 6114, 6121, 6122, 6123, and 6124 (Class communications use—Account 2002; Tele- A Telephone Companies). communications plant under construction—Account 2003; and Telecommuni- CENTRAL OFFICE EXPENSES cations plant adjustment—Account 2005. 36.321 Central office expenses—Accounts 6210, 6220, and 6230 (Class B telephone RURAL TELEPHONE BANK STOCK companies); Accounts 6211, 6212, 6220, 36.172 Other noncurrent assets—Account 6231, and 6232 (Class A telephone compa- 1410. nies).

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INFORMATION ORIGINATION/TERMINATION 7220, 7230, 7240, and 7250 (Class A Tele- EXPENSES phone Companies). 36.331 Information origination/termination 36.412 Apportionment procedures. expenses—Account 6310 (Class B tele- EQUAL ACCESS EXPENSES phone companies); Accounts 6311, 6341, 6351, and 6362 (Class A telephone compa- 36.421 Equal access expenses. nies). Subpart E—Reserves and Deferrals CABLE AND WIRE FACILITIES EXPENSES 36.341 Cable and wire facilities expenses— 36.501 General. Account 6410 (Class B telephone compa- 36.502 Other jurisdictional assets—Net—Ac- nies); Accounts 6411, 6421, 6422, 6423, 6424, count 1500. 6426, 6431, and 6441 (Class A telephone 36.503 Accumulated depreciation—Account companies). 3100. 36.504 Accumulated depreciation—Property PLANT NONSPECIFIC OPERATIONS EXPENSES held for future telecommunications use— 36.351 General. Account 3200. 36.505 Accumulated amortization—Tan- PLANT EXPENSES—OTHER gible—Account 3400 (Class B Telephone 36.352 Other property plant and equipment Companies); Accumulated amortiza- expenses—Account 6510 (Class B tele- tion—Capital Leases—Account 3410 phone companies); Accounts 6511 and 6512 (Class A Telephone Companies). (Class A telephone companies). 36.506 Net current deferred operating income taxes—Account 4100, Net noncur- NETWORK OPERATIONS EXPENSES rent deferred operating income taxes— 36.353 Network operations expenses—Ac- Account 4340. count 6530 (Class B telephone companies); 36.507 Other jurisdictional liabilities and Accounts 6531, 6532, 6533, 6534, and 6535 deferred credits—Net—Account 4370. (Class A telephone companies). 36.354 Access expenses—Account 6540. Subparts F–G [Reserved]

DEPRECIATION AND AMORTIZATION EXPENSES APPENDIX TO PART 36—GLOSSARY

36.361 Depreciation and amortization ex- AUTHORITY: 47 U.S.C. 151, 154(i) and (j), 205, penses—Account 6560. 221(c), 254, 303(r), 403, 410, and 1302 unless otherwise noted. CUSTOMER OPERATIONS EXPENSES 36.371 General. SOURCE: 52 FR 17229, May 6, 1987, unless 36.372 Marketing—Account 6610 (Class B otherwise noted. telephone companies); Accounts 6611 and EDITORIAL NOTE: Nomenclature changes to 6613 (Class A telephone companies). part 36 appear at 74 FR 23956, May 22, 2009, 36.373 Services—Account 6620. and 77 FR 30411, May 23, 2012. 36.374 Telephone operator services. 36.375 Published directory listing. 36.376 All other. Subpart A—General 36.377 Category 1—Local business office expense. § 36.1 General. 36.378 Category 2—Customer services (rev- (a) This part contains an outline of enue accounting). 36.379 Message processing expense. separations procedures for tele- 36.380 Other billing and collecting expense. communications companies on the sta- 36.381 Carrier access charge billing and col- tion-to-station basis. These procedures lecting expense. are applicable either to property costs, 36.382 Category 3—All other customer serv- revenues, expenses, taxes, and reserves ices expense. as recorded on the books of the com- CORPORATE OPERATIONS EXPENSE pany or to estimated amounts. (1) Where a value basis is used in- 36.391 General. stead of book costs, the ‘‘costs’’ re- 36.392 General and administrative—Account 6720. ferred to are the ‘‘values’’ of the property derived from the valuation. OPERATING TAXES (b) The separations procedures set 36.411 Operating taxes—Account 7200 (Class forth in this part are designed pri- B Telephone Companies); Accounts 7210, marily for the allocation of property

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costs, revenues, expenses, taxes and re- provided for those expenses which are serves between state and interstate ju- separated on the basis of the apportion- risdictions. For separations, where re- ment of property costs. Similarly, quired, of the state portion between ex- amounts of revenues and expenses as- change and toll or for separations of in- signed each of the operations are iden- dividual exchanges or special services, tified as to account classification. further analyses and studies may be re- (h) The separations procedures de- quired to adapt the procedures to such scribed in this part are not to be inter- additional separations. preted as indicating what property, (c) The fundamental basis on which revenues, expenses and taxes, or what separations are made is the use of tele- items carried in the income, reserve communications plant in each of the and retained earnings accounts, should operations. The first step is the assign- or should not be considered in any in- ment of the cost of the plant to cat- vestigation or rate proceeding. egories. The basis for making this assignment is the identification of the § 36.2 Fundamental principles under- plant assignable to each category and lying procedures. the determination of the cost of the (a) The following general principles plant so identified. The second step is underlie the procedures outlined in this the apportionment of the cost of the part: plant in each category among the oper- (1) Separations are intended to appor- ations by direct assignment where pos- tion costs among categories or jurisdic- sible, and all remaining costs are as- tions by actual use or by direct assign- signed by the application of appro- ment. priate use factors. (2) Separations are made on the ‘‘ac- (d) In assigning book costs to cat- tual use’’ basis, which gives consider- egories, the costs used for certain plant ation to relative occupancy and rel- classes are average unit costs which ative time measurements. equate to all book costs of a particular (3) In the development of ‘‘actual account or subaccount; for other plant use’’ measurements, measurements of classes, the costs used are those which use are (i) determined for tele- either directly approximate book cost communications plant or for work per- levels or which are equated to match formed by operating forces on a unit total book costs at a given location. basis (e.g., conversation-minute-kilo- (e) The procedures outlined herein re- meters per message, weighted standard flect ‘‘short-cuts’’ where practicable work seconds per call) in studies of and where their application produces traffic handled or work performed dur- substantially the same separations re- ing a representative period for all traf- sults as would be obtained by the use of fic and (ii) applied to overall traffic more detailed procedures, and they as- volumes, i.e., 24-hour rather than busy- sume the use of records generally hour volumes. maintained by Telecommunications (b) Underlying the procedures in- Companies. cluded in this manual for the separa- (f) The classification to accounts of tion of plant costs is an over-all con- telecommunications property, reve- cept which may be described as follows: nues, expenses, etc., set forth in this (1) Telecommunications plant, in manual is that prescribed by the Fed- general, is segregable into two broad eral Communications Commission’s classifications, namely, (i) inter- Uniform System of Accounts for Tele- exchange plant, which is plant used communications Companies. primarily to furnish toll services, and (g) In the assignment of property (ii) exchange plant, which is plant used costs to categories and in the appor- primarily to furnish local services. tionment of such costs among the oper- (2) Within the interexchange classi- ations, each amount so assigned and fication, there are three broad types of apportioned is identified as to the ac- plant, i.e., operator systems, switching count classification in which the prop- plant, and trunk transmission equip- erty is included. Thus, the separated ment. Within the exchange classifica- results are identified by property action there are four board types of counts and apportionment bases are plant, i.e., operator systems, switching

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plant, truck equipment and subscriber the rent expenses are excluded from, plant. Subscriber plant comprises lines the telephone operations of the com- to the subscriber. pany making the separation. (3) In general, the basis for appor- (d) Property rented to or from non- tioning telecommunications plant used affiliates is usually to be included as jointly for state and interstate oper- used property of the owning company ations are: with the associated revenues and ex- (i) Operator work time expressed in penses treated consistently. In the weighted standard work seconds is the event the amount is substantial, the basis for measuring the use of operator property involved and the revenues and systems. expenses associated therewith may be (ii) Holding-time-minutes is the basis excluded from or included in the tele- for measuring the use of local and toll switching plant. communications operations of the (iii) Conversation-minute-kilometers company. When required, the cost of or conversation minutes is the basis for property rented to or from non-affili- measuring the use of interexchange cir- ates is determined using procedures cuit plant and holding-time minutes is that are consistent with the procedures the basis for measuring the use of ex- for the allocation of costs among the change trunk plant. While the use of operations. holding-time-minute-kilometers is the (e) Costs associated with services or basic fundamental allocation factor for plant billed to another company which interexchange circuit plant and ex- have once been separated under proce- change trunk plant, the use of con- dures consistent with general prin- versation-minute-kilometers or con- ciples set forth in this part, and are versation-minutes for the allocation of thus identifiable as entirely interstate interexchange circuit plant and hold- or State in nature, shall be directly as- ing-time minutes for the allocation of signed to the appropriate operation and exchange trunk plant are considered jurisdiction. practical approximations for separations between state and interstate op- [52 FR 17229, May 6, 1987, as amended at 58 erations when related to the broad FR 44905, Aug. 25, 1993; 71 FR 65745, Nov. 9, types of plant classifications used here- 2006] in. (iv) Message telecommunications § 36.3 Freezing of jurisdictional separations category relationships and/ subscriber plant shall be apportioned or allocation factors. on the basis of a Gross Allocator which assigns 25 percent to the interstate ju- (a) Effective July 1, 2001, through risdiction and 75 percent to the state June 30, 2017, all local exchange car- jurisdiction. riers subject to part 36 rules shall ap- (c) Property rented to affiliates, if portion costs to the jurisdictions using not substantial in amount, is included their study area and/or exchange spe- as used property of the owning com- cific jurisdictional allocation factors pany with the associated revenues and calculated during the twelve month pe- expenses treated consistently: Also riod ending December 31, 2000, for each such property rented from affiliates is of the categories/sub-categories as not included with the used property of specified herein. Direct assignment of the company making the separations; private line service costs between ju- the rent paid is included in its ex- risdictions shall be updated annually. penses. If substantial in amount, the Other direct assignment of investment, following treatment is applied: expenses, revenues or taxes between ju- (1) In the case of property rented to risdictions shall be updated annually. affiliates, the property and related ex- Local exchange carriers that invest in penses and rent revenues are excluded telecommunications plant categories from the telephone operations of the owning company, and during the period July 1, 2001, through (2) In the case of property rented June 30, 2017, for which it had no sepa- from affiliates, the property and re- rations allocation factors for the lated expenses are included with, and twelve month period ending December

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31, 2000, shall apportion that invest- (d) Effective July 1, 2001, through ment among the jurisdictions in ac- June 30, 2017, any local exchange car- cordance with the separations proce- rier that buys or otherwise acquires ex- dures in effect as of December 31, 2000 changes or part thereof, shall calculate for the duration of the freeze. new, composite factors and, if applica- (b) Effective July 1, 2001, through ble, category relationships based on a June 30, 2017, local exchange carriers weighted average of both the seller’s subject to price cap regulation, pursu- and purchaser’s factors and category ant to § 61.41 of this chapter, shall as- relationships calculated pursuant to sign costs from the part 32 accounts to paragraphs (a) and (b) of this section. the separations categories/sub-cat- This weighted average should be based egories, as specified herein, based on on the number of access lines currently the percentage relationships of the cat- being served by the acquiring carrier egorized/sub-categorized costs to their and the number of access lines in the associated part 32 accounts for the acquired exchanges. twelve month period ending December (1) To compute the composite alloca- 31, 2000. If a part 32 account for separation factors and, if applicable, the com- tions purposes is categorized into more posite category percentage relation- than one category, the percentage rela- ships of the acquiring company, the ac- tionship among the categories shall be quiring carrier shall first sum its exist- utilized as well. Local exchange car- ing (pre-purchase) access lines (A) with riers that invest in types of tele- the total access lines acquired from communications plant during the pe- selling company (B). Then, multiply its riod July 1, 2001, through June 30, 2017, factors and category relationship per- for which it had no separations cat- centages by (A/(A + B)) and those of the egory investment for the twelve month selling company by (B/(A + B)) and sum period ending December 31, 2000, shall the results. assign such investment to separations (2) For carriers subject to a freeze of categories in accordance with the sepa- category relationships, the acquiring rations procedures in effect as of De- carrier should remove all categories of cember 31, 2000. Local exchange car- investment from the selling carrier’s riers not subject to price cap regula- list of frozen category relationships tion, pursuant to § 61.41 of this chapter, where no such category investment ex- may elect to be subject to the provi- ists within the sold exchange(s). The sions of paragraph (b) of this section. seller’s remaining category relation- Such election must be made prior to ships must then be increased propor- July 1, 2001. Local exchange carriers tionately to total 100 percent. Then, electing to become subject to para- the adjusted seller’s category relation- graph (b) shall not be eligible to with- ships must be combined with those of draw from such regulation for the du- the acquiring carrier as specified in ration of the freeze. Local exchange § 36.3(d)(1) to determine the category carriers participating in Association relationships for the acquiring carrier’s tariffs, pursuant to § 69.601 et seq., shall post-transfer study area. notify the Association prior to July 1, (e) Any local exchange carrier study 2001, of such intent to be subject to the area converting from average schedule provisions of paragraph (b). Local ex- company status, as defined in § 69.605(c) change carriers not participating in of this chapter, to cost company status Association tariffs shall notify the during the period July 1, 2001, through Commission prior to July 1, 2001, of June 30, 2017, shall, for the first twelve such intent to be subject to the provi- months subsequent to conversion cat- sions of paragraph (b). egorize the telecommunications plant (c) Effective July 1, 2001, through and expenses and develop separations June 30, 2017, any local exchange car- allocation factors in accordance with rier that sells or otherwise transfers the separations procedures in effect as exchanges, or parts thereof, to another of December 31, 2000. Effective July 1, carrier’s study area shall continue to 2001 through June 30, 2017, such compa- utilize the factors and, if applicable, nies shall utilize the separations allo- category relationships as specified in cation factors and account categoriza- paragraphs (a) and (b) of this section. tion subject to the requirements of

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paragraphs (a) and (b) of this section Central Office Equipment—Accounts 2210, based on the category relationships 2220, 2230—36.121 thru 36.126. and allocation factors for the twelve Information Origination/Termination Equip- months subsequent to the conversion ment—Account 2310—36.141 and 36.142. to cost company status. Cable and Wire Facilities—Account 2410— 36.151 thru 36.157. [66 FR 33204, June 21, 2001, as amended at 79 Amortization Assets—Accounts 2680 and FR 36235, June 26, 2014] 2690—36.161 and 36.162. Telecommunications Plant—Other Accounts § 36.4 Streamlining procedures for 2002 thru 2005—36.171. processing petitions for waiver of Rural Telephone Bank Stock—36.172. study area boundaries. Material and Supplies—Accounts 1220, and Effective January 1, 2012, local ex- Cash Working Capital—36.181 and 36.182. change carriers seeking a change in Equal Access Equipment—36.191. study area boundaries shall be subject [60 FR 12138, Mar. 6, 1995] to the following procedure: (a) Public Notice and Review Period. § 36.102 General. Upon determination by the Wireline (a) This section contains an outline Competition Bureau that a petitioner of the procedures used in the assign- has filed a complete petition for study ment of Telecommunications Plant in area waiver and that the petition is ap- Service—Account 2001 to categories propriate for streamlined treatment, and the apportionment of the cost as- the Wireline Competition Bureau will signed to each category among the op- issue a public notice seeking comment erations. on the petition. Unless otherwise noti- (b) The treatment of rental plant is fied by the Wireline Competition Bu- outlined in §§ 36.2(c) through 36.2(e). If reau, the petitioner is permitted to the amount of such plant is substan- alter its study area boundaries on the tial, the cost may be determined by 60th day after the reply comment due using the general procedures set forth date, but only in accordance with the for the assignment of the various kinds boundary changes proposed in its appli- of property to categories. cation. (c) The amount of depreciation de- (b) Comment Cycle. Comments on peti- ductible from the book cost or ‘‘value’’ tions for waiver may be filed during is apportioned among the operations in the first 30 days following public no- proportion to the separation of the cost tice, and reply comments may be filed of the related plant accounts. during the first 45 days following public notice, unless the public notice GENERAL SUPPORT FACILITIES specifies a different pleading cycle. All comments on petitions for waiver shall § 36.111 General. be filed electronically, and shall satisfy (a) The costs of the general support such other filing requirements as may facilities are contained in Account be specified in the public notice. 2110, Land and Support Assets. This ac- [76 FR 73853, Nov. 29, 2011] count contains land, buildings, motor vehicles, aircraft, special purpose vehi- Subpart B—Telecommunications cles, garage work equipment, other work equipment, furniture, office Property equipment and general purpose com- GENERAL puters.

§ 36.101 Section arrangement. § 36.112 Apportionment procedure. (a) This subpart is arranged in sec- (a) The costs of the general support tions as follows: facilities of Class A Companies (which are defined in part 32 of the Commis- GENERAL sion’s Rules) are apportioned among Telecommunications Plant in Service—Ac- the operations on the basis of the sepa- count 2001—36.101 and 36.102. ration of the costs of the combined Big General Support Facilities—Account 2110— Three Expenses which include the fol- 36.111 and 36.112. lowing accounts:

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Plant Specific Expenses closely with equipment in the same Central Office Switching Expenses—Ac- building in another account. Therefore, counts 6211 and 6212 the separations procedures for central Operators Systems Expenses—Account 6220 office equipment have been designed to Central Office Transmission Expenses—Ac- deal with categories of plant rather counts 6231 and 6232 than with equipment in an account. Information Origination/Termination Ex- (c) In the separation of the cost of penses—Accounts 6311, 6341, 6351, and 6362 central office equipment among the op- Cable and Wire Facilities Expenses—Ac- counts 6411, 6421, 6422, 6423, 6424, 6426, 6431, erations, the first step is the assign- and 6441 ment of the equipment in each study area to categories. The basic method of Plant Non-Specific Expenses making this assignment is the identi- Network Operations Expenses—Accounts fication of the equipment assignable to 6531, 6532, 6533, 6534, and 6535 each category, and the determination of the cost of the identified equipment Customer Operations Expenses by analysis of accounting, engineering Marketing—Account 6611 and 6613 and other records. Services—Account 6620 (1) The cost of common equipment (b) The costs of the general support not assigned to a specific category, facilities for Class B Companies (which e.g., common power equipment, includ- are defined by part 32 of the Commis- ing emergency power equipment, aisle sion’s Rules) are apportioned among lighting and framework, including dis- the operations on the basis of the sepa- tributing frames, is distributed among ration of the costs of Central Office the categories in proportion to the cost Equipment, Information Origination/ of equipment, (excluding power equip- Termination Equipment, and Cable and ment not dependent upon common Wire Facilities, combined. power equipment) directly assigned to categories. [52 FR 17229, May 6, 1987, as amended at 53 (i) The cost of power equipment used FR 33012, Aug. 29, 1988; 69 FR 12549, Mar. 17, by one category is assigned directly to 2004] that category, e.g., 130 volt power supply provided for circuit equipment. The CENTRAL OFFICE EQUIPMENT cost of emergency power equipment § 36.121 General. protecting only power equipment used by one category is also assigned di- (a) The costs of central office equip- rectly to that category. ment are carried in the following ac- (ii) Where appropriate, a weighting counts: factor is applied to the cost of circuit Central Office Switching Account equipment in distributing the power 2210. plant costs not directly assigned, in Non-digital Switching .... Account order to reflect the generally greater 2211. power use per dollar of cost of this Digital Electronic Account equipment. Switching. 2212. (d) The second step is the apportion- Operator Systems ...... Account ment of the cost of the equipment in 2220. each category among the operations Central Office—Trans- Account through the application of appropriate mission. 2230. use factors or by direct assignment. Radio Systems ...... Account 2231. [52 FR 17229, May 6, 1987, as amended at 69 FR 12549, Mar. 17, 2004] Circuit Equipment ...... Account 2232. § 36.122 Categories and apportionment (b) Records of the cost of central of- procedures. fice equipment are usually maintained (a) The following categories of cen- for each study area separately by ac- tral office equipment and apportion- counts. However, each account fre- ment procedures therefore are set forth quently includes equipment having in §§ 36.123 through 36.126. more than one use. Also, equipment in Operator Systems Equip- Category 1. one account frequently is associated ment.

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Tandem Switching Equip- Category 2. egories/subcategories during the twelve ment. month period ending December 31, 2000. Local Switching Equip- Category 3. (6) Effective July 1, 2001 through ment. June 30, 2017, all study areas shall ap- Circuit Equipment ...... Category 4. portion the costs assigned to the cat- § 36.123 Operator systems equipment— egories/subcategories, as specified in Category 1. paragraph (a)(1) of this section, among (a) Operator systems equipment is the jurisdictions using the relative use contained in Account 2220. It includes measurements for the twelve month all types of manual telephone switch- period ending December 31, 2000 for boards except tandem switchboards and each of the categories/subcategories those used solely for recording of call- specified in paragraphs (b) through (e) ing telephone numbers in connection of this section. with customer dialed charge traffic. It (b) The cost of the following operator includes all face equipment, termi- systems equipment is apportioned nating relay circuits of trunk and toll among the operations on the basis of line circuits, cord circuits, cable turn- the relative number of weighted standing sections, subscriber line equipment, ard work seconds handled at the associated toll connecting trunk equip- switchboards under consideration. ment, number checking facilities, tick- (1) The following types of switch- et distributing systems, calculagraphs, boards at toll centers are generally ap- chief operator and other desks, oper- portioned individually: ator chairs, and other such equipment. (i) Separate toll boards. These usually (1) Operator systems equipment is include outward, through and inward generally classified according to oper- positions in separate lines and associ- ating arrangements of which the fol- ated inward toll switchboard positions lowing are typical: in line. (i) Separate toll boards (ii) Switchboards handling both local (ii) Separate local manual boards and toll, either combined or having (iii) Combined local manual and toll segregated local and toll positions in boards the same line. (iv) Combined toll and DSA boards (iii) Switchboards handling both toll (v) Separate DSA and DSB boards and DSA, either combined or having (vi) Service observing boards segregated toll and DSA positions in (vii) Auxiliary service boards the same line. (viii) Traffic service positions (iv) Traffic service positions, includ- (2) If switchboards as set forth in ing separately located groups of these § 36.123(a) are of the key pulsing type, positions when associated with a com- the cost of the key pulsing senders, mon basic control unit. link and trunk finder equipment is in- (2) The following types of switch- cluded with the switchboards. boards at toll centers are apportioned (3) DSB boards include the associated individually, or by groups of com- DSB dial equipment, such as link and parable types of boards for each ex- sender equipment. change: (4) Traffic service position systems include the common control and trunk (i) Separate local manual boards. This equipment in addition to the associ- includes the local positions of manual ated groups of positions wherever lo- boards where inward toll positions are cated. in the same line. (5) Effective July 1, 2001, through (ii) Separate DSA boards. June 30, 2017, study areas subject to (iii) Separate DSB boards. price cap regulation, pursuant to § 61.41 (3) Tributary boards may be treated of this chapter, shall assign the aver- individually if warranted or they may age balance of Account 2220, Operator be treated on a group basis. Systems, to the categories/subcat- (c) Auxiliary service boards generally egories, as specified in paragraph (a)(1) handle rate and route, information, of this section, based on the relative and intercept service at individual or percentage assignment of the average joint positions. The cost of these balance of Account 2220 to these cat- boards is apportioned as follows: 495

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(1) The cost of separate directory as- sages originating in the offices ob- sistance boards is apportioned among served. the operations on the basis of the rel- (e) Traffic Service Position System ative number of weighted standard (TSPS) investments are apportioned as work seconds handled at the boards follows: under consideration. Directory assist- (1) Operator position investments are ance weighted standard work seconds apportioned on the basis of the relative are apportioned among the operations weighted standard work seconds for the on the basis of the classification of entire TSPS complex. these weighted standard work seconds (2) Remote trunk arrangement (RTA) as follows: investments are apportioned on the (i) Directory assistance weighted basis of the relative processor real standard work seconds first are classi- time (i.e., actual seconds) required to fied between calls received over toll di- process TSPS traffic originating from rectory assistance trunks from opera- the end offices served by each RTA. tors or customers and all other direc- (3) The remaining investments at the tory assistance calls. central control location, such as the (ii) The directory assistance weighted stored program control and memory, is standard work seconds of each type apportioned on the basis of the relative further are classified separately among processor real time (i.e., actual sec- the operations on the basis of an anal- onds) for the entire TSPS complex. ysis of a representative sample of directory assistance calls of each type [52 FR 17229, May 6, 1987, as amended at 66 with reference to the locations of the FR 33205, June 21, 2001; 75 FR 30301, June 1, calling and called stations for each 2010; 76 FR 30841, May 27, 2011; 79 FR 36236, call. June 26, 2014] (2) The cost of separate intercept boards and automated intercept sys- § 36.124 Tandem switching equipment—Category 2. tems in the study area is apportioned among the operations on the basis of (a) Tandem switching equipment is the relative number of subscriber line contained in Accounts 2210, 2211, and minutes of use. 2212. It includes all switching equip- (3) The cost of separate rate and ment in a tandem central office, in- route boards is generally included with cluding any associated tandem switch- the cost of the toll boards served and is board positions and any intertoll apportioned with those boards. switching equipment. Intertoll switch- (4) Where more than one auxiliary ing equipment includes switching service is handled at an auxiliary equipment used for the interconnection board, the cost of the board is appor- of message toll telephone circuits with tioned among the auxiliary services on each other or with local or tandem the basis of the relative number of telephone central office trunks, weighted standard work seconds for intertoll dial selector equipment, or each service. The cost of that part of intertoll trunk equipment in No. 5 type the board allocated to each auxiliary electronic offices. Equipment, includ- service is apportioned among the oper- ing switchboards used for recording of ations in the same manner as for a sep- calling telephone numbers and other arate auxiliary board. billing information in connection with (d) The cost of joint exchange and customer dialed charge traffic is in- toll service observing boards is first ap- cluded with Local Switching Equip- portioned between exchange and toll ment—Category 3. use on the basis of the relative number (1) At toll center toll offices, of exchange and toll service observing intertoll switching equipment com- units at these boards. The cost of sepa- prises equipment in the toll office used rate toll service observing boards and in the interconnection of: Toll center the toll portion of joint service observ- to toll center circuits; toll center to ing boards is apportioned between state tributary circuits; tributary to tribu- and interstate operations on the basis tary circuits; toll center to tandem cir- of the relative number of toll minutes cuits or in the interconnection of the of use associated with the toll mes- aforementioned types of circuits with

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trunks to local offices in the toll cen- (d) Effective July 1, 2001, through ter city, i.e., interconnection with toll June 30, 2017, all study areas shall ap- switching trunks, operator trunks, in- portion costs in Category 2, Tandem formation trunks, testing trunks, etc. Switching Equipment, among the juris- Equipment associated with the local dictions using the relative number of office end of such trunks is included study area minutes of use, as specified with local switching equipment or in paragraph (b) of this section, for the switchboard categories as appropriate. twelve month period ending December (2) At tributary offices, this category 31, 2000. Direct assignment of any sub- includes intertoll switching equipment category of Category 2 Tandem Switch- similar to that at toll center toll of- ing Equipment between jurisdictions fices if it is used in the interconnection shall be updated annually. of: Tributary to tributary circuits; tributary to subtributary circuits; sub- [52 FR 17229, May 6, 1987, as amended at 66 tributary to subtributary circuits; toll FR 33205, June 21, 2001; 69 FR 12549, Mar. 17, center to subtributary circuits; or if it 2004; 75 FR 30301, June 1, 2010; 76 FR 30841, is used jointly in the interconnection May 27, 2011; 79 FR 36236, June 26, 2014] of any of the aforementioned types of circuits and in the interconnection of § 36.125 Local switching equipment— Category 3. such toll circuits with trunk circuits for the handling of traffic terminating (a) Local switching equipment is in- in the tributary office. Where com- cluded in accounts 2210, 2211, and 2212. parable equipment has no joint use but It comprises all central office switch- is used only for the handling of traffic ing equipment not assigned other cat- terminating in the tributary office, it egories. Examples of local switching is included in the local switching equipment are basic switching train, equipment category. toll connecting trunk equipment, (3) At all switching entities, this cat- interlocal trunks, tandem trunks, ter- egory includes intertoll switching minating senders used for toll comple- equipment similar to that at toll cen- tion, toll completing train, call revert- ter toll offices if it is used in the inter- ing equipment, weather and time of connection of switched private line day service equipment, and switching trunks or TWX switching plant trunks equipment at electronic analog or dig- when these functions are in addition to ital remote line locations. Equipment the message telephone switching func- used for the identification, recording tion. Switching entities wholly dedi- and timing of customer dialed charge cated to switching of special services traffic, or switched private line traffic are assigned to Category 3—Local (e.g. transmitters, recorders, call iden- Switching Equipment. tity indexers, perforators, ticketers, (b) The costs of central office equip- detectors, mastertimes) switchboards ment items assigned this category are used solely for recording of calling to be directly assigned when possible. When direct assignment is not possible telephone numbers in connection with the costs shall be apportioned among customer dialed charge traffic, or the operations on the basis of the rel- switched private line traffic (or both) is ative number of study area minutes of included in this local switching cat- use of this equipment. egory. Equipment provided and used (c) Effective July 1, 2001, through primarily for operator dialed toll or June 30, 2017, study areas subject to customer dialed charge traffic except price cap regulation, pursuant to § 61.41 such equipment included in Category 2 of this chapter, shall assign the aver- Tandem Switching Equipment is also age balances of Accounts 2210, 2211, and included in this local switching cat- 2212 to Category 2, Tandem Switching egory. This includes such items as di- Equipment based on the relative per- rectors translators, sender registers, centage assignment of the average bal- out trunk selectors and facilities for ances of Account 2210, 2211, 2212, and toll intercepting and digit absorption. 2215 to Category 2, Tandem Switching Special services switching equipment Equipment during the twelve month which primarily performs the switch- period ending December 31, 2000. ing function for special services (e.g.

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switching equipment, TWX concentra- factor specified in paragraph (a)(5) of tors and switchboards) is also included this section, and the difference between in this local switching category. the 1996 interstate DEM factor and the (1) Local office, as used in § 36.125, 1996 interstate DEM factor multiplied comprises one or more local switching by a weighting factor as determined by entities of the same equipment type the table below. The Category 3 invest- (e.g., step-by-step, No. 5 Crossbar) in an ment that is not assigned to the inter- individual location. A local switching state jurisdiction pursuant to this entity comprises that local central of- paragraph is assigned to the state ju- fice equipment of the same type which risdiction. has a common intermediate distributing frame, market group or other Number of access lines in service in study area Weighting separately identifiable switching unit factor serving one or more prefixes (NNX 0–10,000 ...... 3.0 codes). 10,001–20,000 ...... 2.5 (2) A host/remote local switching 20,001–50,000 ...... 2.0 complex is composed of an electronic 50,001–or above ...... 1.0 analog or digital host office and all of its remote locations. A host/remote (g) For purposes of this section, an local switching complex is treated as access line is a line that does not in- one local office. The current jurisdic- clude WATS access lines, special access tional definition of an exchange will lines or private lines. apply. (h) Effective July 1, 2001, through (3) Dial equipment minutes of use June 30, 2017, study areas subject to (DEM) is defined as the minutes of price cap regulation, pursuant to § 61.41 holding time of the originating and ter- of this chapter, shall assign the aver- minating local switching equipment. age balances of Accounts 2210, 2211, and Holding time is defined in the Glos- 2212 to Category 3, Local Switching sary. Equipment, based on the relative per- (4) The interstate allocation factor is centage assignment of the average bal- the percentage of local switching in- ances of Account 2210, 2211, 2212 and vestment apportioned to the interstate 2215 to Category 3, during the twelve jurisdiction. month period ending December 31, 2000. (5) The interstate DEM factor is the (i) Effective July 1, 2001, through ratio of the interstate DEM to the June 30, 2017, all study areas shall ap- total DEM. A weighted interstate DEM portion costs in Category 3, Local factor is the product of multiplying a Switching Equipment, among the juris- weighting factor, as defined in para- dictions using relative dial equipment graph (f) of this section, to the inter- minutes of use for the twelve month state DEM factor. The state DEM fac- period ending December 31, 2000. tor is the ratio of the state DEM to the total DEM. (j) If the number of a study area’s ac- (b) Beginning January 1, 1993, Cat- cess lines increases such that, under egory 3 investment for study areas paragraph (f) of this section, the with 50,000 or more access lines is ap- weighted interstate DEM factor for portioned to the interstate jurisdiction 1997 or any successive year would be re- on the basis of the interstate DEM fac- duced, that lowered weighted inter- tor. Category 3 investment for study state DEM factor shall be applied to areas with 50,000 or more access lines is the study area’s 1996 unweighted inter- apportioned to the state jurisdiction on state DEM factor to derive a new local the basis of the state DEM factor. switching support factor. If the number (c)–(e) [Reserved] of a study area’s access lines decreases (f) Beginning January 1, 1998, for or has decreased such that, under para- study areas with fewer than 50,000 ac- graph (f) of this section, the weighted cess lines, Category 3 investment is ap- interstate DEM factor for 2010 or any portioned to the interstate jurisdiction successive year would be raised, that by the application of an interstate allo- higher weighted interstate DEM factor cation factor that is the lesser of either shall be applied to the study area’s 1996 .85 or the sum of the interstate DEM unweighted interstate DEM factor to

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derive a new local switching support (1) Exchange Circuit Equipment—Cat- factor. egory 4.1. (i) Wideband Exchange Line Circuit Equipment—Category 4.11. [52 FR 17229, May 6, 1987, as amended at 53 FR 33011, 33012, Aug. 29, 1988; 62 FR 32946, (ii) Exchange Trunk Circuit Equip- June 17, 1997; 63 FR 2124, Jan. 13, 1998; 66 FR ment (Wideband and Non-Wideband)— 33205, June 21, 2001; 69 FR 12549, Mar. 17, 2004; Category 4.12. 71 FR 65745, Nov. 9, 2006; 75 FR 17874, Apr. 8, (iii) Exchange Line Circuit Equip- 2010; 75 FR 30301, June 1, 2010; 76 FR 30841, ment Excluding Wideband—Category May 27, 2011; 79 FR 36236, June 26, 2014] 4.13. (2) Interexchange Circuit Equipment— § 36.126 Circuit equipment—Category 4. Category 4.2. (i) Interexchange Circuit Equipment Furnished to Another Com- (a) For the purpose of this section, pany for Interstate Use—Category 4.21. the term ‘‘Circuit Equipment’’ encom- (ii) Interexchange Circuit Equipment passes the Radio Systems and Circuit Used for Wideband Services including Equipment contained in Accounts 2230 Satellite and Earth Station Equipment through 2232 respectively. It includes used for Wideband Service—Category central office equipment, other than 4.22. switching equipment and automatic (iii) All Other Interexchange Circuit message recording equipment, which is Equipment—Category 4.23. used to derive communications trans- (3) Host/Remote Message Circuit Equip- mission channels or which is used for ment—Category 4.3. (4) In addition, for the amplification, modulation, regen- the purpose of identifying and sepa- eration, testing, balancing or control rating property associated with special of signals transmitted over commu- services, circuit equipment included in nications transmission channels. Ex- Categories 4.12 (other than wideband amples of circuit equipment in general use include: equipment) 4.13 and 4.23 is identified as either basic circuit equipment, i.e., (1) Carrier telephone and telegraph equipment that performs functions system terminals. necessary to provide and operate chan- (2) Telephone and telegraph repeat- nels suitable for voice transmission ers, termination sets, impedance com- (telephone grade channels), or special pensators, pulse link repeaters, echo circuit equipment, i.e., equipment that suppressors and other intermediate is peculiar to special service circuits. transmission amplification and bal- Carrier telephone terminals and carrier ancing equipment except that included telephone repeaters are examples of in switchboards. basic circuit equipment is general use, (3) Radio transmitters, receivers, re- while audio program transmission am- peaters and other radio central office plifiers, bridges, monitoring devices equipment except message switching and volume indicators, telegraph car- equipment associated with radio sys- rier terminals and telegraph repeaters tems. are examples of special circuit equip- (4) Composite ringers, line signaling ment in general use. Cost of exchange and switching pad circuits. circuit equipment included in Cat- (5) Concentration equipment. egories 4.12 and 4.13 and the inter- (6) Composite sets and repeating exchange circuit equipment in Cat- coils. egories 4.21, 4.22 and 4.23 are segregated (7) Program transmission amplifiers, between basic circuit equipment and monitoring devices and volume indica- special circuit equipment only at those tors. locations where amounts of inter- (8) Testboards, test desks, repair exchange and exchange special circuit desks and patch bays, including those equipment are significant. Where such provided for test and control, and for segregation is not made, the total costs telegraph and transmission testing. in these categories are classified as (b) For apportionment among the op- basic circuit equipment. erations, the cost of circuit equiment (5) Effective July 1, 2001, through is assigned to the following subsidiary June 30, 2014, study areas subject to categories: price cap regulation, pursuant to

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§ 61.41, shall assign the average bal- measurements or factors, as specified ances of Accounts 2230 through 2232 to in paragraphs (c)(1) through (3) of this the categories/subcategories as speci- section for the twelve month period fied in § 36.126(b)(1) through (b)(4) based ending December 31, 2000. Direct as- on the relative percentage assignment signment of any subcategory of Cat- of the average balances of Accounts egory 4.1 Exchange Circuit Equipment 2230 through 2232 costs to these cat- to the jurisdictions shall be updated egories/subcategories during the twelve annually. month period ending December 31, 2000. (d) Apportionment of Interexchange (6) Effective July 1, 2001, through Circuit Equipment among the Oper- June 30, 2017, study areas subject to ations: Procedures to be Used by Inter- price cap regulation, pursuant to § 61.41 exchange Carriers. (1) Interexchange of this chapter, shall assign the aver- Circuit Equipment Furnished to An- age balances of Accounts 2230 through other Company for Interstate Use— 2232 to the categories/subcategories as Category 4.21—This category comprises specified in paragraphs (b)(1) through that circuit equipment provided for the (4) of this section based on the relative use of another company as an integral percentage assignment of the average part of its interexchange circuit facili- balances of Accounts 2230 through 2232 ties used wholly for interstate services. costs to these categories/subcategories This category includes such circuit during the twelve month period ending equipment as telephone carrier, termi- December 31, 2000. nals telegraph carrier terminals, and (c) Apportionment of Exchange Cir- microwave systems used wholly for cuit Equipment Among the Operations: interstate services. The total cost of (1) Wideband Exchange Line Circuit the circuit equipment in this category Equipment—Category 4.11—The cost of for the study area is assigned to the exchange circuit equipment in this cat- interstate operation. egory is determined separately for each (2) Interexchange Circuit Equipment wideband facility. The respective costs Used for Wideband Service—Category are allocated to the appropriate oper- 4.22—This category includes the circuit ation in the same manner as the re- equipment portion of interexchange lated exchange line cable and wire fa- channels used for wideband services. cilities described in § 36.155. The cost of interexchange circuit (2) Exchange Trunk Circuit Equip- equipment in this category is deter- ment (Wideband and Non-Wideband)— mined separately for each wideband Category 4.12—The cost of exchange channel and is segregated between mes- circuit equipment associated with this sage and private line services on the category for the study area is allocated basis of the use of the channels pro- to the appropriate operation in the vided. The respective costs are allo- same manner as the related exchange cated to the appropriate operation in trunk cable and wire facilities as de- the same manner as the related inter- scribed in § 36.155. exchange cable and wire facilities as (3) Exchange Line Circuit Equipment described in § 36.156. Excluding Wideband—Category 4.13— (3) All Other Interexchange Circuit The cost of Circuit Equipment associ- Equipment—Category 4.23—This cat- ated with exchange line plant exclud- egory includes the cost of all inter- ing wideband for the study area is as- exchange circuit equipment not assigned to subcategories and is allocated signed to Categories 4.21 and 4.22. to the appropriate operation in the Interexchange carriers shall freeze the same manner as the related exchange allocation factors for Category 4.23 in- line cable and wire facilities for non- vestment at levels reached on Decem- wideband service as described in ber 31, 1985, derived by using the proce- § 36.154. dures in effect at that time. On Janu- (4) Effective July 1, 2001, through ary 1, 1988, and thereafter, that frozen June 30, 2017, all study areas shall ap- allocation factor shall be applied to portion costs in the categories/subcat- each interexchange carrier’s Category egories, as specified in paragraphs 4.23 investment to derive the interstate (b)(1) through (4) of this section, among allocation. On January 1, 1988, and the jurisdictions using the relative use thereafter, the amount of investment

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allocated to the interstate jurisdiction termination counts of each of the fol- will vary but the relative proportion of lowing classes of circuits: Private Line, the total investment that is allocated State Private Line, Message. The cost to the interstate jurisdiction will re- of interstate private line circuits is as- main frozen at 1985 levels. signed directly to the interstate oper- (e) Apportionment of Interexchange ation. The cost of state private line cir- Circuit Equipment among the Oper- cuits is assigned directly to the state ations: Procedures To Be Used by Ex- operation. The cost of message circuits change Carriers. (1) Interexchange Cir- is apportioned between the state and cuit Equipment Furnished to Another interstate operations on the basis of Company for Interstate Use—Category the relative number of study area con- 4.21—This category comprises that cir- versation-minutes applicable to such cuit equipment provided for the use of facilities. another company as an integral part of (ii) [Reserved] its interexchange circuit facilities used wholly for interstate services. This cat- (iii) The cost of special circuit equip- egory includes such circuit equipment ment is segregated among telegraph as telephone carrier terminals tele- grade private line services and other graph carrier terminals, and micro- private line services based on an anal- wave systems used wholly for inter- ysis of the use of the equipment and in state services. The total cost of the cir- accordance with § 36.126(b)(4). The spe- cuit equipment in this category for the cial circuit equipment cost assigned to study area is assigned to the interstate telegraph grade and other private line operation. services is directly assigned to the ap- (2) Interexchange Circuit Equipment propriate operations. Used for Wideband Service—Category (4) Effective July 1, 2001, through 4.22—This category includes the circuit June 30, 2017, all study areas shall ap- equipment portion of interexchange portion costs in the categories/subcat- channels used for wideband services. egories specified in paragraphs (e)(1) The cost of interexchange circuit through (3) of this section among the equipment in this category is deter- jurisdictions using relative use meas- mined separately for each wideband urements or factors, as specified in channel and is segregated between mes- paragraphs (e)(1) through (3) for the sage and private line services on the twelve month period ending December basis of the use of the channels pro- 31, 2000. Direct assignment of any sub- vided. The respective costs are allo- category of Category 4.2 Interexchange cated to the appropriate operation in Circuit Equipment to the jurisdictions the same manner as the related inter- shall be updated annually. exchange cable and wire facilities de- (f) Apportionment of Host/Remote scribed in § 36.156. Message Circuit Equipment Among the (3) All Other Interexchange Circuit Operations. Equipment—Category 4.23—This cat- (1) Host/Remote Message Circuit egory includes the cost of all inter- Equipment—Category 4.3. This cat- exchange circuit equipment not assigned to Categories 4.21 and 4.22. The egory includes message host/remote lo- cost of interexchange basic circuit cation circuit equipment for which a equipment used for the following class- message circuit switching function is es of circuits is included in this cat- performed at the host central office as- egory: Jointly used message circuits, sociated with cable and wire facilities i.e., message switching plant circuits as described in § 36.152(c). carrying messages from the state and (i) The category 4.3 cost of host/re- interstate operations; circuits used for mote circuit equipment assigned to state private line service; and circuits message services for the study area is used for state private line services. apportioned among the exchange, (i) An average interexchange circuit intrastate toll, and interstate toll op- equipment cost per equivalent inter- erations on the basis of the assignment exchange telephone termination for all of host/remote message cable and wire circuits is determined and applied to facilities as described in § 36.157. the equivalent interexchange telephone (ii) [Reserved]

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(2) Effective July 1, 2001, through equipment not assigned to Category 2. June 30, 2017, all study areas shall ap- The costs of other information origina- portion costs in the subcategory speci- tion/termination equipment are allo- fied in paragraph (f)(1) of this section cated pursuant to the factor that is among the jurisdictions using the allo- used to allocate subcategory 1.3 Ex- cation factor, as specified in paragraph change Line C&WF. (f)(1)(i) of this section, for this sub- (b) Customer Premises Equipment—Cat- category for the twelve month period egory 2. This category includes the cost ending December 31, 2000. Direct as- of Customer Premises Equipment that signment of any Category 4.3 Host/Re- was detariffed pursuant to the Second mote Message Circuit Equipment to Computer Inquiry decision. It shall be the jurisdictions shall be updated an- assigned to the state operations. nually. (c) Effective July 1, 2001, through June 30, 2017, all study areas shall ap- [52 FR 17229, May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988; 66 FR 33205, June 21, portion costs in the categories, as spec- 2001; 69 FR 12550, Mar. 17, 2004; 71 FR 65745, ified in § 36.141(b), among the jurisdic- Nov. 9, 2006; 75 FR 30301, June 1, 2010; 76 FR tions using the relative use measure- 30841, May 27, 2011; 79 FR 36236, June 26, 2014] ments or factors, as specified in paragraph (a) of this section, for the twelve INFORMATION ORIGINATION/TERMINATION month period ending December 31, 2000. (IOT) EQUIPMENT Direct assignment of any category of Information Origination/Termination § 36.141 General. Equipment to the jurisdictions shall be (a) Information Origination/Termi- updated annually. nation Equipment is maintained in Ac- count 2310 and includes station appa- [52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, ratus, embedded customer premises 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, wiring, large private branch exchanges, May 27, 2011; 79 FR 36237, June 26, 2014] public telephone terminal equipment, and other terminal equipment. CABLE AND WIRE FACILITIES (b) The costs in Account 2310 shall be segregated between Other Information § 36.151 General. Origination/Termination Equipment— (a) Cable and Wire Facilities, Ac- Category 1, and New Customer Prem- count 2410, includes the following types ises Equipment—Category 2 by an anal- of communications plant in service: ysis of accounting, engineering and Poles and antenna supporting struc- other records. tures, aerial cable, underground cable, (c) Effective July 1, 2001, through buried cable, submarine cable, deep sea June 30, 2017, local exchange carriers cable, intrabuilding network cable, subject to price cap regulation, pursu- aerial wire and conduit systems. ant to § 61.41 of this chapter, shall as- (b) For separations purposes, it is sign the average balance of Account necessary to analyze the cable and wire 2310 to the categories, as specified in facilities classified in subordinate paragraph (b) of this section, based on records in order to determine their as- the relative percentage assignment of signment to the categories listed in the the average balance of Account 2310 to following paragraphs. these categories during the twelve (c) In the separation of the cost of month period ending December 31, 2000. cable and wire facilities among the op- [52 FR 17229, May 6, 1987, as amended at 66 erations, the first step is the assign- FR 33206, June 21, 2001; 75 FR 30301, June 1, ment of the facilities to certain cat- 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, egories. The basic method of making June 26, 2014] this assignment is the identification of the facilities assignable to each cat- § 36.142 Categories and apportionment egory and the determination of the procedures. cost of the facilities so identified. Be- (a) Other Information Origination/Ter- cause of variations among companies mination Equipment—Category 1. This in the character of the facilities and category includes the cost of other in- operating conditions, and in the ac- formation origination/termination counting and engineering records

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maintained, the detailed methods fol- tributary circuits, the interexchange lowed, of necessity, will vary among channel portion of special service cir- the companies. The general principles cuits, circuits between control termi- to be followed, however, will be the nals and radio stations used for over- same for all companies. seas or coastal harbor service, (d) The second step is the apportion- interlocal trunks between offices in the ment of the cost of the facilities in different exchange or metropolitan each category among the operations service areas carrying only message through the application of appropriate toll traffic and certain tandem trunks factors or by direct assignment. which carry principally message toll traffic. § 36.152 Categories of Cable and Wire (1) The procedures for apportioning Facilities (C&WF). the cost of interexchange cable and (a) C&WF are basically divided be- wire facilities among the operations tween exchange and interexchange. Ex- are set forth in § 36.156. change C&WF consists of the following (c) Host/Remote Message C&WF— categories: Category 4—This category includes the (1) Exchange Line C&WF Excluding cost of message host/remote location Wideband—Category 1—This category C&WF for which a message circuit includes C&W facilities between local switching function is performed at the central offices and subscriber premises host central office. It applies to C&WF used for message telephone, private between host offices and all remote lo- line, local channels, and for circuits be- cations. The procedures for appor- tween control terminals and radio sta- tioning the cost of these facilities tions providing very high frequency among the operations are set forth in maritime service or urban or highway § 36.157. mobile service. (d) Effective July 1, 2001, through (2) Wideband and Exchange Trunk June 30, 2017, study areas subject to C&WF—Category 2—This category in- price cap regulation, pursuant to § 61.41 cludes all wideband, including Ex- of this chapter, shall assign the aver- change Line Wideband and C&WF be- age balance of Account 2410 to the cat- tween local central offices and Wide- egories/subcategories, as specified in band facilities. It also includes C&WF paragraph (a) through (c) of this sec- between central offices or other switch- tion based on the relative percentage ing points used by any common carrier assignment of the average balance of for interlocal trunks wholly within an Account 2410 to these categories/sub- exchange or metropolitan service area, categories during the twelve month pe- interlocal trunks with one or both ter- riod ending December 31, 2000. minals outside a metropolitan service area carrying some exchange traffic, [52 FR 17229, May 6, 1987, as amended at 66 toll connecting trunks, tandem trunks FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, principally carrying exchange traffic, 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, the exchange trunk portion of WATS May 27, 2011; 79 FR 36237, June 26, 2014] access lines, the exchange trunk portion of private line local channels, and § 36.153 Assignment of Cable and Wire Facilities (C&WF) to categories. the exchange trunk portion of circuits between control terminals and radio (a) Cable consists of: Aerial cable, stations providing very high frequency underground cable, buried cable, sub- maritime service or urban or highway marine cable, deep sea cable and mobile service. intrabuilding network cable. Where an (3) The procedures for apportioning entire cable or aerial wire is assignable the cost of exchange cable and wire fa- to one category, its cost and quantity cilities among the operations are set are, where practicable, directly as- forth in §§ 36.154 and 36.155. signed. (b) Interexchange C&WF—Category (1) Cable. (i) There are two basic 3—This category includes the C&WF methods for assigning the cost of cable used for message toll and toll private to the various categories. Both of them line services. It includes cable and wire are on the basis of conductor cross sec- facilities carrying intertoll circuits, tion. The methods are as follows:

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(A) By section of cable, uniform as to venience, these quantities are deter- makeup and relative use by categories. mined in connection with assignment From an analysis of cable engineering of cable costs. and assignment records, determine in (D) Where an entire cable is assign- terms of equivalent gauge the number able to one category, its costs and of pairs in use or reserved, for each cat- quantity are, where practicable, di- egory. The corresponding percentages rectly assigned. of use, or reservation, are applied to (iii) For cables especially arranged the cost of the section of cable, i.e., for high-frequency transmission such sheath meters times unit cost per as shielded, disc-insulated and coaxial, meter, to obtain the cost assignable to recognition is given to the additional each category. costs which are charged to the high- (B) By using equivalent pair kilo- frequency complement. meters, i.e., pair kilometers expressed (2) Cable Loading. (i) Methods for as- in terms of equivalent gauge. From an signing the cost of loading coils, cases, analysis of cable engineering and as- etc., to categories are comparable with signment records, determine the equiv- those used in assigning the associated alent pair kilometers in use for each cable to categories. Loading associated category by type of facility, e.g., quad- with cable which is directly assigned to ded, paired. The equivalent pair kilo- a given category is also directly as- meters are then divided by a cable fill signed. The remaining loading is as- factor to obtain the equivalent pair signed to categories in either of the kilometers in plant. The total equiva- following bases: lent pair kilometers in plant assigned (A) By an analysis of the use made of to each category is summarized by the loading facilities where a loading type of facility, e.g., quadded and coil case includes coils assignable to paired, and priced at appropriate aver- more than one category, e.g., in the age unit costs per equivalent pair kilo- case of a single gauge uniformly loaded meter in plant. If desired, this study section, the percentage used in the re- may be made in terms of circuit kilo- lated cable assignment are applicable, meters rather than physical pair kilo- or meters, with average cost and fill data (B) By pricing out each category by consistent with the basis of the facili- determining the pair meters of loaded ties kilometer count. pairs assigned to each category and (ii) In the assignment of the cost of multiplying by the unit cost per pair cable under the two basic methods de- meter of loading by type. scribed in § 36.153(a)(1)(i) consideration (3) Other Cable Plant. (i) In view of is given to the following: the small amounts involved, the cost of (A) Method (A) described in all protected terminals and gas pres- § 36.153(a)(1)(i)(A) will probably be sure contactor terminals in the toll found more desirable where there is a cable subaccounts is assigned to the relatively small amount of cable of appropriate Interexchange Cable & variable make-up and use by cat- Wire Facilities categories. The cost of egories. Conversely, method (B) de- all other terminals in the exchange and scribed in § 36.153(a)(1)(i)(B) will prob- toll cable subaccounts is assigned to ably be more desirable where there is a Exchange Cable and Wire Facilities. large amount of cable of variable (b) Aerial Wire. (1) The cost of wire make-up and use by categories. How- accounted for as exchange is assigned ever, in some cases a combination of to the appropriate Exchange Cable & both methods may be desirable. Wire Facilities categories. The cost of (B) It will be desirable in some cases wire accounted for as toll, which is to determine the amount assignable to used for exchange, is also assigned to a particular category by deducting the appropriate Exchange Cable & Wire from the total the sum of the amounts Facilities categories. The cost of the assigned to all other categories. remaining wire accounted for as toll is (C) For use in the assignment of poles assigned to the appropriate Inter- to categories, the equivalent sheath exchange Cable & Wire Facilities cat- kilometers of aerial cable assigned to egories as described in § 36.156. For each category are determined. For con- companies not maintaining exchange

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and toll subaccounts, it is necessary to vate lines and WATS lines carrying review the plant records and identify both state and interstate traffic if the wire plant by use. The cost of wire used interstate traffic on the line involved for providing circuits directly assign- constitutes more than ten percent of able to a category is assigned to that the total traffic on the line. category. The cost of wire used for pro- Subcategory 1.3—Subscriber or com- viding circuit facilities jointly used for mon lines that are jointly used for exchange and interexchange lines is as- local exchange service and exchange signed to categories on the basis of the access for state and interstate inter- relative number of circuit kilometers exchange services. involved. (b) The costs assigned to subcat- (c) Poles and Antenna Supporting Structures. (1) In the assignment of egories 1.1 and 1.2 shall be directly as- these costs, anchors, guys, crossarms, signed to the appropriate jurisdication. antenna supporting structure, and (c) Effective January 1, 1986, 25 per- right-of-way are included with the cent of the costs assigned to sub- poles. category 1.3 shall be allocated to the (2) Poles. (i) The cost of poles is as- interstate jurisdiction. signed to categories based on the ratio (d)–(f) [Reserved] of the cost of poles to the total cost of (g) Effective July 1, 2001, through aerial wire and aerial cable. June 30, 2017, all study areas shall ap- (d) Conduit Systems. (1) The cost of portion Subcategory 1.3 Exchange Line conduit systems is assigned to cat- C&WF among the jurisdictions as spec- egories on the basis of the assignment ified in paragraph (c) of this section. of the cost of underground cable. Direct assignment of subcategory Cat- [53 FR 17229, May 6, 1987, as amended at 53 egories 1.1 and 1.2 Exchange Line FR 33012, Aug. 29, 1988; 58 FR 44905, Aug. 25, C&WF to the jurisdictions shall be up- 1993] dated annually as specified in paragraph (b) of this section. § 36.154 Exchange Line Cable and Wire Facilities (C&WF)—Category 1—ap- [52 FR 17229, May 6, 1987, as amended at 53 portionment procedures. FR 33012, Aug. 29, 1988; 54 FR 31033, July 26, (a) Exchange Line C&WF—Category 1. 1989; 66 FR 33206, June 21, 2001; 67 FR 17014, The first step in apportioning the cost Apr. 9, 2002; 71 FR 65746, Nov. 9, 2006; 75 FR of exchange line cable and wire facili- 30301, June 1, 2010; 76 FR 30841, May 27, 2011; ties among the operations is the deter- 79 FR 36237, June 26, 2014] mination of an average cost per work- § 36.155 Wideband and exchange trunk ing loop. This average cost per working (C&WF)—Category 2—apportion- loop is determined by dividing the ment procedures. total cost of exchange line cable and wire Category 1 in the study area by (a) The cost of C&WF applicable to the sum of the working loops described this category shall be directly assigned in subcategories listed below. The sub- where feasible. If direct assignment is categories are: not feasible, cost shall be apportioned Subcategory 1.1—State Private Lines between the state and interstate juris- and State WATS Lines. This sub- dictions on the basis of the relative category shall include all private lines number of minutes of use. and WATS lines carrying exclusively (b) Effective July 1, 2001, through state traffic as well as private lines and June 30, 2017, all study areas shall ap- WATS lines carrying both state and portion Category 2 Wideband and ex- interstate traffic if the interstate traf- change trunk C&WF among the juris- fic on the line involved constitutes ten dictions using the relative number of percent or less of the total traffic on minutes of use, as specified in para- the line. graph (a) of this section, for the Subcategory 1.2—Interstate private twelve-month period ending December lines and interstate WATS lines. This subcategory shall include all private lines and WATS lines that carry exclusively interstate traffic as well as pri-

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31, 2000. Direct assignment of any Cat- (2) The cost of host/remote message egory 2 equipment to the jurisdictions C&WF used for WATS closed end access shall be updated annually. for the study area is directly assigned to the appropriate jurisdiction. [52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001; 75 FR 30301, June 1, (b) Effective July 1, 2001, through 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, June 30, 2017, all study areas shall ap- June 26, 2014] portion Category 4 Host/Remote message Cable and Wire Facilities C&WF § 36.156 Interexchange Cable and Wire among the jurisdictions using the rel- Facilities (C&WF)—Category 3—ap- ative number of study area minutes-of- portionment procedures. use kilometers applicable to such fa- (a) An average interexchange cable cilities, as specified in paragraph (a)(1) and wire facilities cost per equivalent of this section, for the twelve month interexchange telephone circuit kilo- period ending December 31, 2000. Direct meter for all circuits in Category 3 is assignment of any Category 4 equip- determined and applied to the equiva- ment to the jurisdictions shall be up- lent interexchange telephone circuit dated annually. kilometer counts of each of the classes of circuits. [52 FR 17229, May 6, 1987, as amended at 58 (b) The cost of C&WF applicable to FR 44905, Aug. 25, 1993; 66 FR 33206, June 21, this category shall be directly assigned 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, where feasible. If direct assignment is May 27, 2011; 79 FR 36237, June 26, 2014] not feasible, cost shall be apportioned AMORTIZABLE ASSETS between the state and interstate jurisdiction on the basis of conversation- § 36.161 Tangible assets—Account minute kilometers as applied to toll 2680. message circuits, etc. (a) Tangible Assets, Account 2680 in- (c) Effective July 1, 2001, through cludes the costs of property acquired June 30, 2017, all study areas shall directly assign Category 3 Interexchange under capital leases and the original Cable and Wire Facilities C&WF where cost of leasehold improvements. feasible. All study areas shall appor- (b) The costs of capital leases are ap- tion the non-directly assigned costs in portioned among the operations based Category 3 equipment to the jurisdic- on similar plant owned or by analysis. tions using the relative use measure- (c) The cost of leasehold improvements, as specified in paragraph (b) of ments are apportioned among the oper- this section, during the twelve-month ations in direct proportion to the costs period ending December 31, 2000. of the related primary account.

[58 FR 44905, Aug. 25, 1993, as amended at 66 § 36.162 Intangible assets—Account FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, 2690. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014] (a) Intangible Assets, Account 2690 includes the costs of organizing and in- § 36.157 Host/remote message Cable corporating the company, franchises, and Wire Facilities (C&WF)—Cat- patent rights, and other intangible egory 4—apportionment procedures. property having a life of more than one year. (a) Host/Remote Message C&WF—Cat- (b) The amount included in this ac- egory 4. The cost of host/remote C&WF count is apportioned among the oper- used for message circuits, i.e., circuits ations on the basis of the separation of carrying only message traffic, is in- the cost of Telecommunications Plant cluded in this category. In Service, Account 2001, excluding the (1) The cost of host/remote message Intangible Assets, Account 2690. C&WF excluding WATS closed end access lines for the study area is apportioned on the basis of the relative number of study area minutes-of-use kilometers applicable to such facilities.

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TELECOMMUNICATIONS PLANT—OTHER EQUAL ACCESS EQUIPMENT

§ 36.171 Property held for future tele- § 36.191 Equal access equipment. communications use—Account 2002; Telecommunications plant under (a) Equal access investment includes construction—Account 2003; and only initial incremental expenditures Telecommunications plant adjust- for hardware and other equipment re- ment—Account 2005. lated directly to the provision of equal The amounts carried in Accounts access which would not be required to 2002, 2003, and 2005 are apportioned upgrade the capabilities of the office among the operations on the basis of involved absent the provision of equal the apportionment of Account 2001, access. Equal access investment is lim- Telecommunications Plant in Service. ited to such expenditures for con- [60 FR 12138, Mar. 6, 1995] verting central offices which serve competitive interexchange carriers or RURAL TELEPHONE BANK STOCK where there has been a bona fide request for conversion to equal access. § 36.172 Other noncurrent assets—Ac- (b) Equal access investment is first count 1410. segregated from all other amounts in (a) The amounts carried in this ac- the primary accounts. count shall be separated into sub- (c) The equal access investment de- sidiary record categories: termined in this manner is allocated (1) Class B RTB Stock and between the jurisdictions on the basis (2) All other. of relative state and interstate equal (b) The amounts contained in cat- access traffic including interstate egory (2) all other of § 36.172(a)(2), shall interLATA equal access traffic, intra- be excluded from part 36 jurisdictional separations. state interLATA equal access traffic, (c) The amounts contained in cat- and BOC interstate corridor toll traffic egory (1) Class B RTB stock of as well as AT&T and OCC intraLATA § 36.172(a)(1), shall be allocated based on equal access usage. Local exchange the relative separations of Account traffic and BOC intraLATA toll traffic 2001, Telephone Plant in Service. is excluded. In the case of independent telephone companies, intrastate toll [52 FR 17229, May 6, 1987, as amended at 53 service provided by the independent FR 33012, Aug. 29, 1988] local exchange company is excluded in MATERIAL AND SUPPLIES AND CASH determining intrastate usage, but WORKING CAPITAL intrastate toll service provided by long distance carriers affiliated with the § 36.181 Material and supplies—Ac- local exchange company is included. count 1220. (d) Effective July 1, 2001, through (a) The amount included in Account June 30, 2017, all study areas shall ap- 1220 is apportioned among the oper- portion Equal Access Equipment, as ations on the basis of the apportion- specified in paragraph (a) of this sec- ment of the cost of cable and wire fa- tion, among the jurisdictions using the cilities in service. Any amounts in- relative state and interstate equal ac- cluded in Account 1220 associated with cess traffic, as specified in paragraph the Customer Premises portion of Ac- (c) of this section, for the twelve count 2310 equipment, shall be excluded month period ending December 31, 2000. from the amounts which are allocated to the interstate operation. [52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 66 FR 33206, June 21, § 36.182 Cash working capital. 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, (a) The amount for cash working cap- May 27, 2011; 79 FR 36237, June 26, 2014] ital, if not determined directly for a particular operation, is apportioned among the operations on the basis of total expenses less non-cash expense items.

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Subpart C—Operating Revenues Account title Account and Certain Income Accounts No. Basic local service revenue (Class B telephone GENERAL companies) ...... 5000 Basic Area Revenue (Class A telephone compa- § 36.201 Section arrangement. nies) ...... 5001 Network Access Revenues: (a) This subpart is arranged in sec- End User Revenue ...... 5081 tions as follows: Switched Access Revenue ...... 5082 General ...... 36.202 Special Access Revenue ...... 5083 Operating Revenues ...... 36.211 Long Distance Message Revenue ...... 5100 Basic local services rev- Miscellaneous Revenue ...... 5200 enue—Account 5000 (Class Uncollectible Revenue ...... 5300 B telephone companies); Basic area revenue—Ac- [69 FR 12550, Mar. 17, 2004] count 5001 (Class A telephone companies) ...... 36.212 § 36.212 Basic local services revenue— Network Access Revenues— Account 5000 (Class B telephone Accounts 5081 thru 5083 ... 36.213 companies); Basic area revenue— Long Distance Message Account 5001 (Class A telephone Revenue—Account 5100 .... 36.214 companies). Miscellaneous Revenue— Account 5200 ...... 36.215 (a) Local private line revenues from Uncollectible Revenue—Ac- broadcast program transmission audio count 5300 ...... 36.216 services and broadcast program trans- Certain Income Accounts: mission video services are assigned to Other Operating Income the interstate operation. and Expenses—Account (b) Revenues that are attributable to 7100 ...... 36.221 Nonoperating Income and the origination or termination of inter- Expenses—Account 7300 ... 36.222 state FX or CCSA like services shall be Interest and Related assigned to the interstate jurisdiction. Items—Account 7500 ...... 36.223 (c) Wideband Message Service reve- Extraordinary Items—Ac- nues from monthly and miscellaneous count 7600 ...... 36.224 charges, service connections, move and Income Effect of Jurisdic- change charges, are apportioned be- tional Ratemaking Dif- ferences—Account 7910 .... 36.225 tween state and interstate operations on the basis of the relative number of [69 FR 12550, Mar. 17, 2004] minutes-of-use in the study area. Effec- tive July 1, 2001, through June 30, 2017, § 36.202 General. all study areas shall apportion Wide- (a) This section sets forth procedures band Message Service revenues among for the apportionment among the oper- the jurisdictions using the relative ations of operating revenues and cer- number of minutes of use for the tain income and expense accounts. twelve-month period ending December (b) Except for the Network Access 31, 2000. Revenues, subsidiary record categories (d) All other revenues in this account are maintained for all revenue ac- are assigned to the exchange operation counts in accordance with the require- based on their subsidiary record cat- ments of part 32. These subsidiary egories or on the basis of analysis and records identify services for the appro- studies. priate jurisdiction and will be used in [52 FR 17229, May 6, 1987, as amended at 66 conjunction with apportionment proce- FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, dures stated in this manual. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36237, June 26, 2014] [52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004] § 36.213 Network access services reve- OPERATING REVENUES nues. (a) End User Revenue—Account 5081. § 36.211 General. Revenues in this account are directly (a) Operating revenues are included assigned on the basis of analysis and in the following accounts: studies.

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(b) Switched Access Revenue—Ac- 1171, Allowance for doubtful accounts, count 5082. Revenues in this account related to telecommunications billing. are directly assigned on the basis of [69 FR 12551, Mar. 17, 2004] analysis and studies. (c) Special Access Revenue—Account CERTAIN INCOME ACCOUNTS 5083. Revenues in this account are directly assigned on the basis of analysis § 36.221 Other operating income and and studies. expenses—Account 7100. (a) Amounts relating to translation [52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004] in foreign exchange differentials are assigned to the interstate operations. § 36.214 Long distance message rev- (b) All other amounts are appor- enue—Account 5100. tioned based on Telecommunications Plant in Service, Account 2001, if plant (a) Wideband message service reve- related, or on the nature of the item nues from monthly and miscellaneous reflected in the account, if not plant charges, service connections, move and related. change charges, are apportioned between state and interstate operations § 36.222 Nonoperating income and ex- on the basis of the relative number of penses—Account 7300. minutes-of-use in the study area. Effec- (a) Only allowance for funds used tive July 1, 2001, through June 30, 2017, during construction, and charitable, all study areas shall apportion Wide- social and community welfare con- band Message Service revenues among tributions are considered in this ac- the jurisdictions using the relative count for separations purposes. number of minutes of use for the (b) Subsidiary record categories twelve-month period ending December should be maintained for this account 31, 2000. that include identification of amounts (b) Long Distance private line service made to the account for (1) credits rep- revenues from broadcast program resenting allowance for funds used dur- transmission audio services and broad- ing construction and (2) contributions cast program transmission video serv- for charitable, social or community ices are assigned to the interstate oper- welfare purposes, employee activities, ation. membership dues and fees in service (c) All other revenues in this account clubs, community welfare association are directly assigned based on their and similar organizations. subsidiary record categories or on the (c) The portion reflecting allowance basis of analysis and studies. for funds used during construction is [52 FR 17229, May 6, 1987, as amended at 66 apportioned on the basis of the cost of FR 33206, June 21, 2001; 71 FR 65746, Nov. 9, Telecommunications Plant Under Con- 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, struction—Account 2003. The portion May 27, 2011; 79 FR 36237, June 26, 2014] reflecting costs for social and community welfare contributions and fees is § 36.215 Miscellaneous revenue—Ac- apportioned on the basis of the appor- count 5200. tionment of corporate operations ex- (a) Directory revenues are assigned penses. to the exchange operation. [52 FR 17229, May 6, 1987, as amended at 60 (b) Billing and collection revenues FR 12138, Mar. 6, 1995] are assigned on the basis of services being provided. § 36.223 Interest and related items— (c) All other revenues are appor- Account 7500. tioned on the basis of analysis. (a) Only interest paid relating to capital leases is considered in this account § 36.216 Uncollectible revenue—Ac- for separations purposes. Subsidiary count 5300. Record Categories should be main- The amounts in this account are ap- tained for this account that include de- portioned among the operations on the tails relating to interest expense on basis of analysis during a representa- capital leases. Such interest expense is tive period of the portion of Account apportioned on a basis consistent with

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the associated capital leases in Ac- Other Property Plant and 36.352. count 2680. Equipment Expenses—Ac- count 6510 (Class B Tele- § 36.224 Extraordinary items—Account phone Companies); Ac- 7600. counts 6511 and 6512 (Class A Telephone Companies). (a) Amounts in this account of an op- Network Operations Ex- 36.353. erating nature are apportioned on a penses—Account 6530 basis consistent with the nature of (Class B Telephone Com- these items. panies); Accounts 6531, 6532, 6533, 6534, and 6535 § 36.225 Income effect of jurisdictional (Class A Telephone Com- ratemaking differences—Account panies). 7910. Access Expenses—Account 36.354. 6540. (a) Amounts in this account are di- Depreciation and Amortiza- 36.361. rectly assigned to the appropriate ju- tion Expenses—Account risdiction. 6560. Customer Operations Expenses: Subpart D—Operating Expenses General ...... 36.371. and Taxes Marketing—Account 6610 36.372. (Class B Telephone Com- panies); Accounts 6611 and GENERAL 6613 (Class A Telephone Companies). § 36.301 Section arrangement. Services—Account 6620 ...... 36.373. (a) This subpart is arranged in sec- Telephone Operator Serv- 36.374. tions as follows: ices. General ...... 36.301 Published Directory Listing 36.375. and All Other ...... 36.376. 36.302. Category 1—Local Bus. Of- 36.377. Plant Specific Operations Expenses: fice Expense. General ...... 36.310. Category 2—Customer Serv- 36.378. Network Support/General 36.311. ices (Revenue Accounting). Support Expenses—Ac- Message Processing Expense 36.379. counts 6110 and 6120 (Class Other Billing and Collecting 36.380. B Telephone Companies); Expense. Accounts 6112, 6113, 6114, Carrier Access Charge Bill- 36.381. 6121, 6122, 6123, and 6124 ing and Collecting Ex- (Class A Telephone Com- pense. panies). Category 3—All other Cus- 36.382. Central Office Expenses— 36.321 tomer Service Expense. Accounts 6210, 6220, 6230 Corporate Operations Expenses: (Class B Telephone Com- General ...... 36.391. panies); Accounts 6211, General and Administrative 36.392. 6212, 6220, 6231, and 6232 Expenses—Account 6720. (Class A Telephone Com- Operating Taxes—Account 36.411 panies). 7200 (Class B Telephone and Information Origination/ 36.331. Companies); Accounts 36.412. Termination Expenses— 7210, 7220, 7230, 7240, and Account 6310 (Class B 7250 (Class A Telephone Telephone Companies); Companies). Accounts 6311, 6341, 6351, Equal Access Expenses ...... 36.421. and 6362 (Class A Tele- phone Companies). [69 FR 12551, Mar. 17, 2004] Cable and Wire Facilities 36.341. Expenses—Account 6410 § 36.302 General. (Class B Telephone Com- (a) This section sets forth procedures panies); Accounts 6411, 6421, 6422, 6423, 6424, 6426, for the apportionment among the oper- 6431, and 6441 (Class A ations of operating expenses and oper- Telephone Companies). ating taxes. Plant Nonspecific Operations Ex- (b) As covered in § 36.2 (c) and (d), the penses: treatment of expenses relating to plant General ...... 36.351. furnished to and obtained from others 510

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under rental arrangements is con- Central Office Trans- Account 6230 (Class B sistent with the treatment of such mission Expenses. Telephone Compa- plant. nies); Accounts 6231 and 6232 (Class (c) In accordance with requirements A Telephone Com- in part 32 § 32.5999 (f) expenses recorded panies). in the expense accounts are segregated Information Origina- Account 6310 (Class B in the accounting process among the tion/Termination Telephone Compa- following subsidiary record categories Expenses. nies); Accounts as appropriate to each account: 6311, 6341, 6351, and 6362 (Class A Tele- Salaries and Wages phone Companies). Benefits Cable and Wire Fa- Account 6410 (Class B Rents cilities Expenses. Telephone Compa- Other Expenses nies); Accounts 6411, 6421, 6422, 6423, Clearances 6424, 6426, 6431, and (1) Subsidiary Record Categories 6441 (Class A Tele- (SRC) for Salaries and Wages, Benefits phone Companies). and Other Expenses are applicable to (b) These accounts are used to record all of the expense accounts except for: costs related to specific kinds of tele- Access Expense contained in Account 6540 communications plant and predomi- Depreciation and Amortization Expenses— nantly mirror the telecommunications Account 6560 plant in service detail accounts. Ac- cordingly, these expense accounts will (i) SRC for access expenses are main- generally be apportioned in the same tained to identify interstate and state manner as the related plant accounts. access expense and billing and collec- (c) Except where property obtained tion expense for carrier’s carrier. from or furnished to other companies is (ii) Depreciation and Amortization treated as owned property by the com- Expense SRCs identify the character of pany making the separation, and the the items contained in the account. related operating rents are excluded (2) SRCs for Rents and Clearance are from the separation studies as set forth only applicable to the Plant Specific in § 36.2 (c) and (d), amounts are appor- Operating Expense accounts 6110 thru tioned among the operations on bases 6410. generally consistent with the treatment prescribed for similar plant costs PLANT SPECIFIC OPERATIONS EXPENSES and consistent with the relative magnitude of the items involved. § 36.310 General. [52 FR 17229, May 6, 1987, as amended at 53 (a) Plant specific operations expenses FR 33012, Aug. 29, 1988; 69 FR 12551, Mar. 17, include the following accounts: 2004] Network Support Ex- Account 6110 (Class B penses. Telephone Compa- NETWORK SUPPORT/GENERAL SUPPORT nies); Accounts EXPENSES 6112, 6113, and 6114 (Class A Telephone § 36.311 Network Support/General Companies) Support Expenses—Accounts 6110 General Support Ex- Account 6120 (Class B and 6120 (Class B Telephone Com- penses. Telephone Compa- panies); Accounts 6112, 6113, 6114, nies); Accounts 6121, 6122, 6123, and 6124 (Class A 6121, 6122, 6123, and Telephone Companies). 6124 (Class A Tele- (a) Network Support Expenses are ex- phone Companies). penses associated with motor vehicles, Central Office Account 6210 (Class B aircraft, special purpose vehicles, ga- Switching Expenses. Telephone Compa- nies); Accounts rage work equipment, and other work 6211 and 6212 (Class equipment. General Support Expenses A Telephone Com- are expenses associated with land and panies) buildings, furniture and artworks, of- Operator System Ex- Account 6220 fice equipment, and general purpose penses. computers. 511

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(b) The expenses in these account are tioned between state and interstate op- apportioned among the operations on erations in accordance with the appor- the basis of the separation of account tionment of the related investment as 2110, Land and Support Assets. per § 36.142(a). (c) Expenses related to Customer CENTRAL OFFICE EXPENSES Premises Equipment shall be assigned § 36.321 Central office expenses—Ac- to the state operations. counts 6210, 6220, and 6230 (Class B telephone companies); Accounts [52 FR 17229, May 6, 1987, as amended at 53 6211, 6212, 6220, 6231, and 6232 FR 33012, Aug. 29, 1988] (Class A telephone companies). CABLE AND WIRE FACILITIES EXPENSES (a) The expenses related to central office equipment are summarized in § 36.341 Cable and wire facilities ex- the following accounts: penses—Account 6410 (Class B tele- Central Office Account 6210 (Class B phone companies); Accounts 6411, Switching Expense. telephone compa- 6421, 6422, 6423, 6424, 6426, 6431, nies); Accounts and 6441 (Class A telephone compa- 6211 and 6212 (Class nies). A telephone companies). (a) This account includes the ex- Operator Systems Account 6220. penses for poles, antenna supporting Expense. structures, aerial cable, underground Central Office Trans- Account 6230 (Class B cable, buried cable, submarine cable, mission Expense. telephone compa- deep sea cable, intrabuilding network nies); Accounts 6231 and 6232 (Class cable, aerial wire, and conduit systems. A telephone com- (b) The general method of separating panies). cable and wire facilities expenses (b) The expense in these accounts are amoung the operations is to assign apportioned among the operations on them on the basis of Account 2410— the basis of the separation of the in- Cable and Wire Facilities. vestments in central office equipment. Accounts 2210, 2220 and 2230, combined. PLANT NONSPECIFIC OPERATIONS EXPENSES [52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004] § 36.351 General.

INFORMATION ORIGINATION/TERMINATION (a) Plant nonspecific operations ex- EXPENSES penses include the following accounts: Other Property Plant Account 6510 (Class B § 36.331 Information origination/termi- and Equipment Ex- telephone compa- nation expenses—Account 6310 penses. nies); Accounts (Class B telephone companies); Ac- 6511 and 6512 (Class counts 6311, 6341, 6351, and 6362 A telephone com- (Class A telephone companies). panies). (a) The expenses in this account are Network Operations Account 6530 (Class B classified as follows: Expenses. telephone compa- (1) Other Information Origination/ nies); Accounts Termination Equipment Expenses; Cus- 6531, 6532, 6533, 6534, and 6535 (Class A tomer Premises Equipment Expenses telephone compa- (2) For some companies, these classi- nies). fications are available from accounting Access Expenses ...... Account 6540. records; for others, they are obtained Depreciation and Account 6560. by means of analyses of plant, account- Amortization Ex- ing or other records for a representa- penses. tive period. (b) Other Information Origination/ [69 FR 12552, Mar. 17, 2004] Termination Equipment Expenses include all expenses not associated with Customer Premises Equipment expenses. These expenses shall be appor-

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PLANT EXPENSES—OTHER tization expense for tangible and intangible asserts. § 36.352 Other property plant and (b) Expenses recorded in this account equipment expenses—Account 6510 shall be separated on the basis of the (Class B telephone companies); Ac- separation of the associated primary counts 6511 and 6512 (Class A tele- Plant Accounts or related categories. phone companies). (a) This account is used to record the CUSTOMER OPERATIONS EXPENSES expenses associated with (1) property held for future telecommunications use § 36.371 General. and (2) the provisioning of material and Customer Operations Expenses are supplies. included in the following accounts: (b) The expenses in this account are Marketing ...... Account 6610 (Class B apportioned among the operations telephone compa- based on the separation of Account nies); Accounts 2001—Telecommunications Plant in 6611 and 6613 (Class A telephone com- Service. panies). Services ...... Account 6620. NETWORK OPERATIONS EXPENSES [69 FR 12552, Mar. 17, 2004] § 36.353 Network operations expenses—Account 6530 (Class B tele- § 36.372 Marketing—Account 6610 phone companies); Accounts 6531, (Class B telephone companies); Ac- 6532, 6533, 6534, and 6535 (Class A counts 6611 and 6613 (Class A tele- telephone companies). phone companies). (a) This account includes the ex- The expenses in this account are ap- penses associated with the provisions portioned among the operations on the of power, network administration, test- basis of an analysis of current billing ing, plant operations administration, for a representative period, excluding and engineering. current billing on behalf of others and (b) The expenses in this account are billing in connection with intercom- apportioned among the operations pany settlements. Effective July 1, based on the separations of Account 2001, through June 30, 2017, all study 2210, Central Office Switching, Account areas shall apportion expenses in this 2220 Operator Systems, Account 2230 account among the jurisdictions using Central Office Transmission, Account the analysis during the twelve-month 2310, Information Origination/Termi- period ending December 31, 2000. nation and Account 2410, Cable and [79 FR 36238, June 26, 2014] Wire Facilities, Combined. § 36.373 Services—Account 6620. § 36.354 Access expenses—Account (a) For apportionment purposes, the 6540. expenses in this account are first seg- (a) This account includes access regated on the basis of an analysis of charges paid to exchange carriers for job functions into the following classi- exchange access service. These are di- fications: Telephone operator services: rectly assigned to the appropriate ju- publishing directory listing; and all risdiction based on subsidiary record other. categories or on analysis and study. (1) Expenses may be apportioned among the operations for groups of ex- DEPRECIATION AND AMORTIZATION changes. A group of exchanges may in- EXPENSES clude all exchanges in the study area.

§ 36.361 Depreciation and amortization § 36.374 Telephone operator services. expenses—Account 6560. (a) Expenses in this classification in- (a) This account includes the depre- clude costs incurred for operators in ciation expenses for telecommuni- call completion service and number cations plant in service and for prop- services. This includes intercept, erty held for future telecommuni- quoting rates, directory information, cations use. It also includes the amor- time charges, and all other operator

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functions performed in the central of- for which the directories and records fice, private branch exchange, teletype- were prepared. writer exchange, and at public tele- (4) Effective July 1, 2001, through phone stations. June 30, 2017, study areas subject to (b) Effective July 1, 2001, through price cap regulation, pursuant to § 61.41 June 30, 2017, study areas subject to of this chapter, shall assign the bal- price cap regulation, pursuant to § 61.41 ance of Account 6620-Services to the of this chapter, shall assign the bal- classifications, as specified in para- ance of Account 6620-Services to the graphs (b)(1) through (4) of this section, Telephone operator expense classifica- based on the relative percentage as- tion based on the relative percentage signment of the balance of Account assignment of the balance of Account 6620 to these classifications during the 6620 to this classification during the twelve month period ending December twelve month period ending December 31, 2000. 31, 2000. (5) Effective July 1, 2001, through (c) Expenses in this classification are June 30, 2017, all study areas shall ap- apportioned among the operations on portion Published directory listing ex- the basis of the relative number of penses using the underlying relative weighted standard work seconds as determined by analysis and study for a use measurements, as specified in para- representative period. graphs (b)(1) through (4) of this section, (d) Effective July 1, 2001, through during the twelve-month period ending June 30, 2017, all study areas shall ap- December 31, 2000. Direct assignment of portion Telephone operator expenses any Publishing directory listing ex- among the jurisdictions using the rel- pense to the jurisdictions shall be up- ative number of weighted standard dated annually. work seconds, as specified in paragraph [52 FR 17229, May 6, 1987, as amended at 66 (c) of this section, during the twelve- FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, month period ending December 31, 2000. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36238, June 26, 2014] [52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36238, § 36.376 All other. June 26, 2014] (a) For apportionment purposes this classification must be divided into § 36.375 Published directory listing. three categories: (a) This classification includes ex- (1) Category 1—Local Business Office penses for preparing or purchasing, Expense. compiling and disseminating directory (2) Category 2—Customer Services listings. Expense. (b) Published directory expense is as- (3) Category 3—All Other Customer signed as follows: Services Expense. (1) Classified directory expense and all expense of soliciting advertising is § 36.377 Category 1—Local business of- assigned to the exchange operation. fice expense. (2) The expense of alphabetical and street address directories and traffic (a) The expense in this category for information records is apportioned the area under study is first segregated among the operations on the basis of on the basis of an analysis of job func- the relative number of study area sub- tions into the following subcategories: scriber line minutes-of-use applicable End user service order processing; end to each operation. user payment and collection; end user (3) The expense associated with direc- billing inquiry; interexchange carrier tories and traffic information records service order processing; interexchange prepared for one locality and used in carrier payment and collection; inter- another locality is known as ‘‘foreign exchange carrier billing inquiry; and directories expense.’’ Such expense is coin collection and administration. Ef- assigned to the appropriate operation fective July 1, 2001, through June 30, on the basis of the location of the point 2017, study areas subject to price cap where used with respect to the locality regulation, pursuant to § 61.41 of this

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chapter, shall assign the balance of Ac- ance of Account 6620-Services to the count 6620-Services to the subcat- categories/subcategories, as specified egories, as specified in this paragraph in paragraphs (a)(1)(i) through (viii) of (a), based on the relative percentage this section, based on the relative per- assignment of the balance of Account centage assignment of the balance of 6620 to these categories/subcategories Account 6620 to these categories/sub- during the twelve month period ending categories during the twelve month pe- December 31, 2000. riod ending December 31, 2000. Effective (1) End-user service order processing July 1, 2001, through June 30, 2017, all includes expenses related to the receipt study areas shall apportion TWX serv- and processing of end users’ orders for ice order processing expense, as speci- service and inquiries concerning serv- fied in paragraph (a)(1)(viii) of this sec- ice. This subcategory does not include tion among the jurisdictions using rel- any service order processing expenses ative billed TWX revenues for the for services provided to the inter- twelve-month period ending December exchange carriers. End user service 31, 2000. All other subcategories of End- order processing expenses are first seg- user service order processing expense, regated into the following subcat- as specified in paragraphs (a)(1)(i) egories based on the relative number of through (viii) shall be directly as- actual contacts which are weighted, if signed. appropriate, to reflect differences in (2) End user payment and collection the average work time per contact: includes expenses incurred in relation Local service order processing; to the payment and collection of presubscription; directory advertising; amounts billed to end users. It also in- State private line and special access; cludes commissions paid to payment interstate private line and special ac- agencies (which receive payment on cess; other State message toll includ- customer accounts) and collection ing WATS; other interstate message agencies. This category does not in- toll including WATS. clude any payment or collection ex- (i) Local service order processing expenses for services provided to inter- pense (primarily local telephone serv- exchange carriers. End user payment ice orders) is assigned to the State ju- and collection expenses are first seg- risdiction. regated into the following subcat- (ii) Presubscription service order egories based on relative total state processing expense is assigned to the and interstate billed revenues (exclud- interstate jurisdiction. ing revenues billed to interexchange (iii) Directory advertising service carriers and/or revenues deposited in order processing expense is assigned to coin boxes) for services for which end the State jurisdiction. user payment and collection is pro- (iv) State private line and special ac- vided: State private line and special access service order processing expense is cess; interstate private line and special assigned to the State jurisdiction. access; State message toll including (v) Interstate private line and special WATS; interstate message toll includ- access service order processing expense ing WATS, and interstate subscriber is assigned to the interstate jurisdic- line charge; local, including directory tion. advertising. (vi) Other State message toll includ- (i) State private line and special ac- ing WATS service order processing excess payment and collection expense is pense is assigned to the State jurisdic- assigned to the State jurisdiction. tion. (ii) Interstate private line and special (vii) Other Interstate message toll in- access payment and collection expense cluding WATS service order processing is assigned to the interstate jurisdic- expense is assigned to the interstate tion. jurisdiction. (iii) State message toll including (viii) [Reserved] WATS payment and collection expense (ix) Effective July 1, 2001, through is assigned to the State jurisdiction. June 30, 2017, study areas subject to (iv) Interstate message toll including price cap regulation, pursuant to § 61.41 WATS and interstate subscriber line of this chapter, shall assign the bal- charge payment and collection expense

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is assigned to the interstate jurisdic- also including directory advertising) is tion. directly assigned to the State jurisdic- (v) Local, including directory adver- tion. tising payment and collection expense (vii) Effective July 1, 2001, through is assigned to the State jurisdiction. June 30, 2017, study areas subject to (vi) [Reserved] price cap regulation, pursuant to § 61.41 (vii) Effective July 1, 2001, through of this chapter, shall assign the bal- June 30, 2017, study areas subject to ance of Account 6620-Services to the price cap regulation, pursuant to § 61.41 subcategories, as specified in para- of this chapter, shall assign the bal- graphs (a)(3)(i) through (vi) of this sec- ance of Account 6620-Services to the tion, based on the relative percentage subcategories, as specified in para- assignment of the balance of Account graphs (a)(2)(i) through (vi) of this section, based on the relative percentage 6620 to these subcategories during the assignment of the balance of Account twelve month period ending December 6620 to these categories/subcategories 31, 2000. All other subcategories of End during the twelve month period ending user billing inquiry expense, as speci- December 31, 2000. All other subcat- fied in paragraphs (a)(2)(i) through (vi) egories of End User payment and col- shall be directly assigned. lection expense, as specified in para- (4) Interexchange carrier service graphs (a)(2)(i) through (v) of this sec- order processing includes expenses as- tion, shall be directly assigned. sociated with the receipt and proc- (3) End user billing inquiry includes essing of interexchange carrier orders expenses related to handling end users’ for service and inquiries about service. inquiries concerning their bills. This Interexchange carrier service order category does not include expenses re- processing expenses are assigned to the lated to the inquiries of interexchange following subcategories based on the carriers concerning their bills. End relative number of actual contacts user billing inquiry costs are first seg- which are weighted, if appropriate, to regated into the following subcat- reflect differences in the average work egories based on the relative number of time per contact: State special access actual contracts, weighted if appro- and private line; interstate special ac- priate, to reflect differences in the av- cess and private line; State switched erage work time per contact: State pri- access and message toll including vate line and special access; interstate WATS; interstate switched access and private line and special access; State message toll including WATS, inter- message toll including WATS; State state message toll including WATS, billing and collection; and interstate interstate subscriber line charge; and billing and collection. other. (i) State special access and private (i) State private line and special ac- line service order processing expense is cess billing inquiry expense is directly directly assigned to the State jurisdic- assigned to the State jurisdiction. tion. (ii) Interstate private line and special (ii) Interstate special access and pri- access billing inquiry expense is di- vate line service order processing ex- rectly assigned to the interstate juris- pense is directly assigned to the inter- diction. state jurisdiction. (iii) State message toll including (iii) State switched access and mes- WATS billing inquiry expense is di- sage toll including WATS service order rectly assigned to the State jurisdic- processing expense is directly assigned tion. to the State jurisdiction. (iv) Interstate message toll including (iv) Interstate switched access and WATS, and interstate subscriber line message toll including WATS service charge billing inquiry expense is di- order processing expense is directly as- rectly assigned to the interstate jurisdiction. signed to the interstate jurisdiction. (v) [Reserved] (v) State billing and collection serv- (vi) Other billing inquiry expense ice order processing expense is directly (primarily related to local bills but assigned to the state jurisdiction.

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(vi) Interstate billing and collection rectly assigned to the interstate juris- service order processing expense is di- diction. rectly assigned to the interstate juris- (vii) Effective July 1, 2001, through diction. June 30, 2017, study areas subject to (vii) Effective July 1, 2001, through price cap regulation, pursuant to § 61.41 June 30, 2017, study areas subject to of this chapter, shall assign the bal- price cap regulation, pursuant to § 61.41 ance of Account 6620-Services to the of this chapter, shall assign the bal- subcategories, as specified in para- ance of Account 6620-Services to the graphs (a)(5)(i) through (vi) of this sec- subcategories, as specified in para- tion, based on the relative percentage graphs (a)(4)(i) through (vi) of this sec- assignment of the balance of Account tion, based on the relative percentage 6620 to these subcategories during the assignment of the balance of Account twelve month period ending December 6620 to these subcategories during the 31, 2000. All subcategories of Inter- twelve month period ending December exchange carrier payment expense, as 31, 2000. All subcategories of Inter- specified in paragraphs (a)(2)(i) through exchange carrier service order proc- (vi) shall be directly assigned. essing expense, as specified in para- (6) Interexchange carrier billing in- graphs (a)(2)(i) through (vi), shall be di- quiry includes expenses related to the rectly assigned. handling of interexchange carrier bill- (5) Interexchange carrier payment ing inquiries. Interexchange carrier and collection includes expenses asso- billing inquiry expenses are assigned to ciated with the payment and collection the following subcategories based on of interexchange carrier billings, in- the relative number of actual contacts, cluding commissions paid to payment weighted if appropriate, to reflect dif- and collection agents. Interexchange ferences in the average work time per carrier payment and collection ex- contact: State special access and pri- penses are assigned to the following vate line; interstate special access and subcategories based on relative total private line; State switched access and State and interstate revenues billed to message toll including WATS; inter- the interexchange carriers: State spe- state switched access and message toll cial access and private line; interstate including WATS; State billing and col- special access and private line; State lection; and interstate billing and col- switched access and message toll in- lection. cluding WATS; interstate switched ac- (i) State special access and private cess and message toll including WATS; line billing inquiry expenses is directly State billing and collection; and inter- assigned to the State jurisdiction. state billing and collection. (i) State special access and private (ii) Interstate special access and pri- line payment and collection expense is vate line billing inquiry expense is di- directly assigned to the State jurisdic- rectly assigned to the interstate juris- tion. diction. (ii) Interstate special access and pri- (iii) State switched access and mes- vate line payment and collection ex- sage toll including WATS billing in- pense is directly assigned to the inter- quiry expense is directly assigned to state jurisdiction. the State jurisdiction. (iii) State switched access and mes- (iv) Interstate switched access and sage toll including WATS payment and message toll including WATS billing collection expense is directly assigned inquiry expense is directly assigned to to the State jurisdiction. the interstate jurisdiction. (iv) Interstate switched access and (v) State billing and collection bill- message toll including WATS payment ing inquiry expense is directly assigned and collection expense is directly as- to the State jurisdiction. signed to the interstate jurisdiction. (vi) Interstate Billing and Collection (v) State billing and collection pay- billing inquiry expense is directly as- ment and collection expense is directly signed to the interstate jurisdiction. assigned to the State jurisdiction. (vii) Effective July 1, 2001, through (vi) Interstate billing and collection June 30, 2017, study areas subject to payment and collection expense is di- price cap regulation, pursuant to § 61.41

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of this chapter, shall assign the bal- § 36.379 Message processing expense. ance of Account 6620-Services to the (a) This classification includes the subcategories, as specified in para- salary and machine expense of data graphs (a)(6)(i) through (vi) of this sec- processing equipment, including super- tion, based on the relative percentage vision, general accounting administra- assignment of the balance of Account tive and miscellaneous expense associ- 6620 to these subcategories during the ated with the processing of individual twelve month period ending December toll tickets and local message tickets. 31, 2000. All subcategories of Inter- (b) The expense assigned to this clas- exchange carrier billing inquiry ex- sification is divided into the subcat- pense, as specified in paragraphs egories Toll Ticket Processing Expense (a)(2)(i) through (vi), shall be directly and Local Message Processing Expense assigned. on the basis of the relative number of (7) [Reserved] messages. Toll Ticket Processing Ex- pense is allocated between the State [52 FR 17229, May 6, 1987, as amended at 66 and interstate jurisdiction on the basis FR 33207, June 21, 2001; 71 FR 65746, Nov. 9, of the relative number of toll messages. 2006; 75 FR 30301, June 1, 2010; 76 FR 30841, May 27, 2011; 79 FR 36238, June 26, 2014] Local Message Processing Expense is assigned to the exchange operation. § 36.378 Category 2—Customer serv- (1) Effective July 1, 2001, through ices (revenue accounting). June 30, 2017, study areas subject to price cap regulation, pursuant to § 61.41 (a) The Revenue Accounting propor- of this chapter, shall assign the bal- tion of Account 6620 expenses comprise ance of Account 6620-Services to the the salaries and other expenses in Ac- subcategories, as specified in this para- count 6620 directly assignable or allo- graph (b), based on the relative per- cable to the billing of customers and centage assignment of the balance of the accounting for revenues, including Account 6620 to those subcategories the supervision of such work. during the twelve month period ending (b) Revenue Accounting expenses for December 31, 2000. the study area are separated on the (2) Effective July 1, 2001, through basis of a Job Function analysis into June 30, 2017, all study areas shall ap- three main classifications: Message portion Toll Ticketing Processing Ex- processing expense, other billing and pense among the jurisdictions using collecting expense, and carrier access the relative number of toll messages charge billing and collecting expense. for the twelve-month period ending De- (1) Effective July 1, 2001, through cember 31, 2000. Local Message Process June 30, 2017, study areas subject to Expense is assigned to the state juris- price cap regulation, pursuant to § 61.41 diction. of this chapter, shall assign the bal- [52 FR 17229, May 6, 1987, as amended at 66 ance of Account 6620-Services to the FR 33208, June 21, 2001; 75 FR 30301, June 1, classifications, as specified in para- 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, graph (b) of this section, based on the June 26, 2014] relative percentage assignment of the § 36.380 Other billing and collecting balance of Account 6620 to those classi- expense. fications during the twelve month period ending December 31, 2000. (a) This classification includes the (2) [Reserved] salary expense, including supervision, general accounting administrative, and (c) The term ‘‘ticket’’ denotes either miscellaneous expense, associated with a ticket prepared manually by an oper- the preparation of customer bills other ator or the mechanized equivalent of than carrier access charge bills and such a ticket processed by the revenue with other revenue accounting func- accounting office. tions not covered in § 36.379. Included in [52 FR 17229, May 6, 1987, as amended at 66 this classification are the expenses in- FR 33208, June 21, 2001; 75 FR 30301, June 1, curred in the preparation of monthly 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, bills, initial and final bills, the applica- June 26, 2014] tion of service orders to billing records

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(establishing, changing, or dis- sessed in a particular state, all such ex- continuing customers’ accounts), sta- pense shall be assigned to interstate tion statistical work, controlling operations. record work and the preparation of rev- (c) Effective July 1, 2001, through enue reports. June 30, 2017, study areas subject to (b) Local exchange carriers that bill price cap regulation, pursuant to § 61.41 or collect from end users on behalf of of this chapter, shall assign the bal- interexchange carriers shall allocate ance of Account 6620-Services to the one third of the expenses assigned this Carrier access charge billing and col- classification to the interstate juris- lecting expense classification based on diction, and two thirds of the expenses the relative percentage assignment of assigned this classification to the state the balance of Account 6620 to that jurisdiction. classification during the twelve month (c) Local exchange carriers that do period ending December 31, 2000. not bill or collect from end users on be- (d) Effective July 1, 2001, through half of interexchange carriers shall al- June 30, 2017, all study areas shall ap- locate five percent of the expenses as- portion Carrier access charge billing signed this classification to the inter- and collecting expense among the ju- state jurisdiction, and ninety-five per- risdictions using the allocation factor, cent of the expenses assigned this clas- pursuant to paragraph (b) of this sec- sification to the state jurisdiction. tion, for the twelve-month period end- (d) Effective July 1, 2001, through ing December 31, 2000. June 30, 2017, study areas subject to [52 FR 17229, May 6, 1987, as amended at 66 price cap regulation, pursuant to § 61.41 FR 33208, June 21, 2001; 75 FR 30301, June 1, of this chapter, shall assign the bal- 2010; 76 FR 30841, May 27, 2011; 79 FR 36239, ance of Account 6620-Services to the June 26, 2014] Other billing and collecting expense classification based on the relative per- § 36.382 Category 3—All other cus- centage assignment of the balance of tomer services expense. Account 6620 to those subcategory dur- (a) Effective July 1, 2001, through ing the twelve month period ending De- June 30, 2017, study areas subject to cember 31, 2000. price cap regulation, pursuant to § 61.41 (e) Effective July 1, 2001, through of this chapter, shall assign the bal- June 30, 2017, all study areas shall ap- ance of Account 6620-Services to this portion Other billing and collecting ex- category based on the relative percent- pense among the jurisdictions using age assignment of the balance of Ac- the allocation factor utilized, pursuant count 6620 to this category during the to paragraph (b) or (c) of this section, twelve month period ending December for the twelve month period ending De- 31, 2000. cember 31, 2000. (b) Category 3 is apportioned on the [53 FR 33011, Aug. 29, 1988, as amended at 62 basis of Categories 1 and 2. FR 15416, Apr. 1, 1997; 66 FR 33208, June 21, [66 FR 33208, June 21, 2001, as amended at 75 2001; 75 FR 30301, June 1, 2010; 76 FR 30841, FR 30301, June 1, 2010; 76 FR 30841, May 27, May 27, 2011; 79 FR 36239, June 26, 2014] 2011; 79 FR 36239, June 26, 2014]

§ 36.381 Carrier access charge billing CORPORATE OPERATIONS EXPENSE and collecting expense. (a) This classification includes the § 36.391 General. revenue accounting functions associ- Corporate Operations Expenses are ated with the billing and collecting of included in the following account: access charges to interexchange car- General and Administrative Account 6720. riers. (b) Of access charges other than end [69 FR 12552, Mar. 17, 2004] user common line access charges are assessed for the origination or termi- § 36.392 General and administrative— nation of intrastate services in a par- Account 6720. ticular state, one-half of such expense (a) These expenses are divided into shall be apportioned to interstate oper- two categories: ations. If no such access charges are as- (1) Extended Area Services (EAS).

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(2) All other. § 36.412 Apportionment procedures. (b) Extended Area Services (EAS) (a) For apportionment purposes, the settlements are directly assigned to expenses in this account are segregated the exchange operation. into two groups as follows: (1) Oper- (c) The expenses in this account are ating Federal, State and local income apportioned among the operations on taxes and (2) all other operating taxes. the basis of the separation of the cost (b) Operating Federal, State and of the combined Big Three Expenses local income taxes are apportioned which include the following accounts: among the operations on the basis of Plant Specific Expenses the approximate net taxable income (positive or negative) applicable to Central Office Switching Expenses—Account each of the operations. The approxi- 6210 (Class B Telephone Companies); Ac- mate net taxable income from each of counts 6211 and 6212 (Class A Telephone Companies) the operations is the summation of the Operators Systems Expenses—Account 6220 following amounts apportioned to each Central Office Transmission Expenses—Ac- operation by means of the procedures count 6230 (Class B Telephone Companies); set forth in this Manual: Accounts 6231 and 6232 (Class A Telephone (1) Operating revenues, Companies) (2) Less operating expenses, Information Origination/Termination Ex- (3) Less operating taxes except the penses—Account 6310 (Class B Telephone net income tax being apportioned and Companies); Accounts 6311, 6341, 6351, and 6362 (Class A Telephone Companies) except any other tax not treated as a Cable and Wire Facilities Expense—Account deductible item in the determination 6410 (Class B Telephone Companies); Ac- of taxable net income for this purpose. counts 6411, 6421, 6422, 6423, 6424, 6426, 6431, (4) Less operating fixed charges. and 6441 (Class A Telephone Companies) (i) The amount of fixed charges at- Plant Non-Specific Expenses tributable to the operations is obtained by subtracting the tax component Network Operations Expenses—Account 6530 (positive or negative) attributable to (Class B Telephone Companies); Accounts other than the operating fixed charges, 6531, 6532, 6533, 6534, and 6535 (Class A Tele- phone Companies) i.e., fixed charges on non-operating investments are that proportion of total Customer Operations Expenses fixed charges which non-operating net Marketing—Account 6610 (Class B Telephone investments are of total operating and Companies); Accounts 6611 and 6613 (Class non-operating net investments. A Telephone Companies) (ii) Operating fixed charges including Services—Account 6620 interest on Rural Telephone Bank [52 FR 17229, May 6, 1987, as amended at 69 Stock are apportioned among the oper- FR 12552, Mar. 17, 2004] ations on the basis of the separation of the cost of telephone plant less appro- OPERATING TAXES priate reserves. (c) Other operating taxes should be § 36.411 Operating taxes—Account directly assigned to the appropriate ju- 7200 (Class B Telephone Compa- risdiction where possible, e.g., Local nies); Accounts 7210, 7220, 7230, Gross Receipts may be directly identi- 7240, and 7250 (Class A Telephone Companies). fied as applicable to one jurisdiction. Where direct assignment is not fea- (a) This account includes the taxes sible, these expenses should be appor- arising from the operations of the com- tioned among the operations on the pany, i.e., basis of the separation of the cost of Operating Investment Tax Credits Telecommunications Plant in Serv- Operating Federal Income Taxes ice—Account 2001. Operating State and Local Income Taxes Operating Other Taxes Provision for Deferred Operating Income Taxes

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EQUAL ACCESS EXPENSES § 36.503 Accumulated depreciation— Account 3100. § 36.421 Equal access expenses. (a) Amounts recorded in this account (a) Equal access expenses include shall be separated on the basis of the only initial incremental pre-subscrip- separation of the associated primary tion costs and other initial incre- Plant Accounts or related categories, mental expenditures related directly to excluding amortizable assets. the provision of equal access, that would not be required to upgrade the § 36.504 Accumulated depreciation— capabilities of the office involved ab- Property held for future tele- sent the provision of equal access. communications use—Account 3200. Equal access expenses are limited to (a) Amounts in this account are ap- such expenditures for converting cen- portioned among the operations on the tral offices that serve competitive basis of the separation of the costs of interexchange carriers or where there the related items carried in Account has been a bona fide request for conver- 2002—Property Held for Future Tele- sion to equal access. communications Use. (b) Equal access expenses are apportioned between the jurisdictions by § 36.505 Accumulated amortization— first segregating them from all other Tangible—Account 3400 (Class B expenses in the primary accounts and Telephone Companies); Accumu- lated amortization—Capital then allocating them on the same basis Leases—Account 3410 (Class A Tele- as equal access investment. phone Companies). (a) Amounts in these accounts are Subpart E—Reserves and Deferrals apportioned among the operations on the basis of the separation of the re- § 36.501 General. lated accounts. For separations purposes, reserves and deferrals include the following ac- § 36.506 Net current deferred oper- counts: ating income taxes—Account 4100, Other Jurisdictional Account 1500. Net noncurrent deferred operating Assets—Net. income taxes—Account 4340. Accumulated Depre- Account 3100. (a) Amounts in these accounts are ciation. maintained by plant account and are Accumulated Depre- Account 3200. apportioned among the operations on ciation—Property the basis of the separations of the re- Held for Future lated plant accounts. Telecommuni- cations Use. Accumulated Amor- Account 3400 (Class B § 36.507 Other jurisdictional liabilities tization—Capital Telephone Compa- and deferred credits—Net—Account Leases. nies); Account 3410 4370. (Class A Telephone (a) Amounts in this account are sepa- Companies). rated based upon an analysis of the Net Current Deferred Account 4100. specific items involved. Operating Income Taxes. Net Noncurrent De- Account 4340. Subparts F–G [Reserved] ferred Operating Income Taxes. APPENDIX TO PART 36—GLOSSARY Other Jurisdictional Account 4370. The descriptions of terms in this glossary Liabilities and De- are broad and have been prepared to assist in ferred Credits—Net. understanding the use of such terms in the separation procedures. Terms which are de- [69 FR 12553, Mar. 17, 2004] fined in the text of this part are not included in this glossary. § 36.502 Other jurisdictional assets— Net—Account 1500. Access Line (a) Amounts in this account are sepa- A communications facility extending from rated based upon analysis of the spe- a customer’s premises to a serving central cific items involved. office comprising a subscriber line and, if

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necessary, a trunk facility, e.g., a WATS ac- Complex cess line. All groups of operator positions, wherever Book Cost located, associated with the same call distribution and/or stored program control unit. The cost of property as recorded on the books of a company. Concentration Equipment Central office equipment whose function is Cable Fill Factor to concentrate traffic from subscriber lines The ratio of cable conductor or cable pair onto a lesser number of circuits between the kilometers in use to total cable conductor or remotely located concentration equipment cable pair kilometers available in the plant, and the serving central office concentration e.g., the ratio of revenue producing cable equipment. This concentration equipment is pair kilometers in use to total cable pair kil- connected to the serving central office line ometers in plant. equipment.

Category Connection—Minute A grouping of items of property or expense The product of (a) the number of messages to facilitate the apportionment of their costs and, (b) the average minutes of connection among the operations and to which, ordi- per message. narily, a common measure of use is applica- Conversation—Minute ble. The product of (a) the number of messages Central Office and, (b) the average minutes of conversation A switching unit, in a telephone system per message. which provides service to the general public, Conversation—Minute—Kilometers having the necessary equipment and operations arrangements for terminating and The product of (a) the number of messages, interconnecting subscriber lines and trunks (b) the average minutes of conversation per or trunks only. There may be more than one message and (c) the average route kilo- central office in a building. meters of circuits involved.

Channel Cost An electrical path suitable for the trans- The cost of property owned by the Tele- mission of communications between two or phone Company whose property is to be ap- more points, ordinarily between two or more portioned among the operations. This term stations or between channel terminations in applies either to property costs recorded on Telecommunication Company central of- the books of the company or property costs fices. A channel may be furnished by wire, determined by other evaluation methods. fiberoptics, radio or a combination thereof. Current Billing Circuit The combined amount of charges billed, A fully operative communications path es- excluding arrears. tablished in the normal circuit layout and Customer Dialed Charge Traffic currently used for message, WATS access, or private line services. Traffic which is both (a) handled to completion through pulses generated by the cus- Circuit Kilometers tomer and (b) for which either a message unit change, bulk charge or message toll The route kilometers or revenue producing charge is except for that traffic recorded by circuits in service, determined by measuring means of message registers. the length in terms of kilometers, of the actual path followed by the transmission me- Customer Premises Equipment dium. Items of telecommunications terminal Common Channel Network Signaling equipment in Accounts 2310 referred to as CPE in § 64.702 of the Federal Communication Channels between switching offices used to Commission’s Rules adopted in the Second transmit signaling information independent Computer Inquiry such as telephone instru- of the subscribers’ communication paths or ments, data sets, dialers and other supple- transmission channels. mental equipment, and PBX’s which are provided by common carriers and located on Complement (of cable) customer premises and inventory included in A group of conductors of the same general these accounts to be used for such purposes. type (e.g., quadded, paired) within a single Excluded from this classification are similar cable sheath. items of equipment located on telephone

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company premises and used by the company Equivalent Pair Kilometers in the normal course of business as well as over voltage protection equipment, customer The product of sheath Kilometers and the premises wiring, coin operated public or pay number of equivalent gauge pairs of conduc- telephones, multiplexing equipment to de- tors in a cable. liver multiple channels to the customer, mobile radio equipment and transmit earth sta- Equivalent Sheath Kilometers tions. The product of (a) the length of a section of cable in kilometers (sheath kilometers) Customer Premises Wire and (b) the ratio of the metallic content ap- The segment of wiring from the customer’s plicable to a particular group of conductors side of the protector to the customer prem- in the cable (e.g., conductors assigned to a ises equipment. category) to the metallic content of all con- DSA Board ductors in the cable. A local dial office switchboard at which are Exchange Transmission Plant handled assistance calls, intercepted calls and calls from miscellaneous lines and This is a combination of (a) exchange cable trunks. It may also be employed for handling and wire facilities (b) exchange central office certain toll calls. circuit equipment, including associated land and buildings and (c) information origina- DSB Board tion/termination equipment which forms a A switchboard of a dial system for com- complete channel. pleting incoming calls received from manual offices. Holding Time The time in which an item of telephone Data Processing Equipment plant is in actual use either by a customer or Office equipment such as that using an operator. For example, on a completed punched cards, punched tape, magnetic or telephone call, holding time includes con- other comparable storage media as an oper- versation time as well as other time in use. ating vehicle for recording and processing in- At local dial offices any measured minutes formation. Includes machines for tran- which result from other than customer at- scribing raw data into punched cards, etc., tempts to place calls (as evidenced by the di- but does not include such items as key-oper- aling of at least one digit) are not treated as ated, manually or electrically driven adding, holding time. calculating, bookkeeping or billing machines, typewriters or similar equipment. Host Central Office Dial Switching Equipment An electronic analog or digital base Switching equipment actuated by elec- switching unit containing the central call trical impulses generated by a dial or key processing functions which service the host pulsing arrangement. office and its remote locations. Equal Access Costs Information Origination/Termination Equipment Include only initial incremental Equipment used to input into or receive presubscription costs and initial incremental output from the telecommunications net- expenditures for hardware and software re- work. lated directly to the provision of equal access which would not be required to upgrade Interexchange Channel the switching capabilities of the office involved absent the provisions of equal access. A circuit which is included in the interexchange transmission equipment. Equivalent Gauge Interexchange Transmission Equipment A standard cross section of cable conductors for use in equating the metallic content The combination of (a) interexchange cable of cable conductors of all gauge to a common and wire facilities, (b) interexchange circuit base. equipment and, (c) associated land and buildings. Equivalent Kilometers of 104 Wire The basic units employed in the allocation Interlocal Trunk of pole lines costs for determining the rel- A circuit between two local central office ative use made of poles by aerial cables and units, either manual or dial. Interlocal by aerial wire conductors of various sizes. trunks may be used for either exchange or This unit reflects the relative loads of such toll traffic or both. cable and wire carried on poles.

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Intertoll Circuits Multi-Center Exchange Circuits between toll centers and circuits An exchange area in which are located two between a toll center and a tandem system or more local central office buildings or wire in a different toll center area. centers.

Local Channel Operations The portion of a private line circuit which The term denoting the general classifica- is included in the exchange transmission tions of services rendered to the public for plant. However, common usage of this term which separate tariffs are filed, namely ex- usually excludes information origination/ter- change, state toll and interstate toll. mination equipment. Operator Trunks Local Office A general term, ordinarily applied to trunks between manually operated switch- A central office serving primarily as a board positions and local dial central offices place of termination for subscriber lines and in the same wire center. for providing telephone service to the subscribers on these lines. Private Line Service Loop A service for communications between specified locations for a continuous period or A pair of wires, or its equivalent, between for regularly recurring periods at stated a customer’s station and the central office hours. from which the station is served. Remote Access Line Message An access line (e.g., for WATS service) be- A completed call, i.e., a communication in tween a subscriber’s premises in one toll rate which a conversation or exchange of infor- center and a serving central office located in mation took place between the calling and a different toll rate center. called parties. Remote Line Location Message Service or Message Toll Service A remotely located subscriber line access Switched service furnished to the general unit which is normally dependent upon the public (as distinguished from private line central processor of the host office for call service). Except as otherwise provided, this processing functions. includes exchange switched services and all Remote Trunk Arrangement (RTA) switched services provided by interexchange carriers and completed by a local telephone Arrangement that permits the extension of company’s access services, e.g., MTS, WATS, TSPS functions to remote locations. Execunet, open-end FX and CCSA/ONALs. Reservation Message Units That amount or quantity of property kept Unit of measurement used for charging for or set apart for a specific use. measured message telephone exchange traf- Reserved fic within a specified area. Kept or set apart for a specific use. Metropolitan Service Area Separations The area around and including a relatively large city and in which substantially all of The process by which telecommunication the message telephone traffic between the property costs, revenues, expenses, taxes and city and the suburban points within the area reserves are apportioned among the oper- is classified as exchange in one or both direc- ations. tions. Service Observing Unit Minutes-of-Use A unit of work measurement which is used as the common denominator to express the A unit of measurement expressed as either relative time required for handling the var- holding time or conversation time. ious work functions at service observing boards. Minutes-of-Use-Kilometers The product of (a) the number of minutes- Sheath Kilometers of-use and (b) the average route kilometers The actual length of cable in route kilo- of circuits involved. meters.

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Special Services mally handles the inward toll traffic for its tributary exchanges and, in general, either All services other than message tele- handles the outward traffic originating at its phones, e.g., private line services. tributaries or serves as the outlet to inter- Station-to-Station Basis exchange circuits for outward traffic ticketed and timed at its tributaries. Toll The term applied to the basis of toll rate centers are listed as such in the Toll Rate making which contemplates that the mes- and Route Guide. sage toll service charge (telephone) covers the use made of all facilities between the Toll Center Area originating station and the terminating station, including the stations, and the services The areas served by a toll center, including rendered in connection therewith. the toll center city and the communities served by tributaries of the toll center. Study Area Toll Center Toll Office Study area boundaries shall be frozen as they are on November 15, 1984. A toll office (as contrasted to a local office) in a toll center city. Subscriber Line or Exchange Line Toll Circuit A communication channel between a telephone station or PBX station and the central A general term applied to interexchange office which serves it. trunks used primarily for toll traffic. Subtributary Office Toll Connecting Trunk A class of tributary office which does not A general classification of trunks carrying have direct access to its toll center, but toll traffic and ordinarily extending between which is connected to its toll center office by a local office and a toll office, except trunks means of circuits which are switched classified as tributary circuits. Examples of through to the toll center at another tribu- toll connecting trunks include toll switching tary office. trunks, recording trunks and recording-completing trunks. Tandem Area Toll Office The general areas served by the local offices having direct trunks to or from the tan- A central office used primarily for super- dem office. This area may consist of one or vising and switching toll traffic. more communities or may include only a portion of a relatively large city. Traffic Over First Routes A term applied to the routing of traffic and Tandem Circuit or Trunk denoting routing via principal route for traf- A general classification of circuits or fic between any two points as distinguished trunks between a tandem central office unit from alternate routes for such traffic. and any other central office or switchboard. Operator System Tandem Connection A stored program electronic system associ- A call switched at a tandem office. ated with one or more toll switching systems which provides centralized traffic service po- Tandem Office sition functions for several local offices at A central office unit used primarily as an one location. intermediate switching point for traffic be- Tributary Circuit tween local central offices within the tandem area. Where qualified by a modifying ex- A circuit between a tributary office and a pression, or other explanation, this term toll switchboard or intertoll dialing equip- may be applied to an office employed for ment in a toll center city. both the interconnection of local central offices within the tandem area and for the Tributary Office interconnection of these local offices with A local office which is located outside the other central offices, e.g., long haul tandem exchange in which a toll center is located, office. which has a different rate center from its toll center and which usually tickets and Toll Center times only a part of its originating toll traf- An office (or group of offices) within a city fic, but which may ticket or time all or which generally handles the originating and none, of such traffic. The toll center handles incoming toll traffic for that city to or from all outward traffic not ticketed and timed at other toll center areas and which handles the tributary and normally switches all in- through switched traffic. The toll center nor- ward toll traffic from outside the tributary’s

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toll center to the tributary. Tributary of- Wide Area Telephone Service WATS fices are indicated as such in the Toll Rate A toll service offering for customer dial and Route Guide. type telecommunications between a given customer station and stations within speci- Trunks fied geographic rate areas employing a single Circuit between switchboards or other access line between the customer location switching equipment, as distinguished from and the serving central office. Each access circuits which extend between central office line may be arranged for either outward switching equipment and information origi- (OUT–WATS) or inward (IN–WATS) service nation/termination equipment. or both.

TSPS Complex Wideband Channel All groups of operator positions, wherever A communication channel of a bandwidth equivalent to twelve or more voice grade located, associated with the same TSPS channels. stored program control units. Working Loop Weighted Standard Work Second A revenue producing pair of wires, or its A measurement of traffic operating work equivalent, between a customer’s station and which is used to express the relative time re- the central office from which the station is quired to handle the various kinds of calls or served. work functions, and which is weighted to reflect appropriate degrees of waiting to serve [71 FR 65747, Nov. 9, 2006] time. PARTS 37–39 [RESERVED]

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