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Pt. 74 47 CFR Ch. I (10–1–02 Edition)

RULES APPLY TO ALL SERVICES, AM, FM, AND 74.112 Supplementary statement with appli- TV, UNLESS INDICATED AS PERTAINING TO A cation for construction permit. 74.113 Supplementary reports with applica- SPECIFIC SERVICE—Continued tion for renewal of license. [Policies of FCC are indicated (*)] 74.131 Licensing requirements, necessary showing. 74.132 Power limitations. Vertical plane radiation characteristics 73.160 74.133 Emission authorized. Visual and aural TV transmitters, Op- 73.653 74.151 Equipment changes. eration of. Visual modulation monitoring equip- 73.691 TECHNICAL OPERATION AND OPERATORS ment. W 74.161 Frequency tolerances. 74.162 Frequency monitors and measure- Want ads ...... 73.1212 ments. Z 74.163 Time of operation. Zone, Quiet ...... 73.1030 74.165 Posting of station license. Zones— 74.181 Station records. FM ...... 73.205 74.182 Program service and charges. NCE–FM ...... 73.505 TV ...... 73.609 74.183 Station identification. 74.184 Rebroadcasts. [50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. 3, 1985, as amended at 51 FR 34621, 34622, Subparts B–C [Reserved] Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR 47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; Subpart D—Remote Pickup Broadcast 58 FR 51250, Oct. 1, 1993; 59 FR 67103, Dec. 28, Stations 1994; 63 FR 33878, June 22, 1998] 74.401 Definitions. 74.402 Frequency assignment. PART 74—EXPERIMENTAL RADIO, 74.403 Frequency selection to avoid inter- AUXILIARY, SPECIAL BROADCAST ference. AND OTHER PROGRAM DISTRIBU- 74.431 Special rules applicable to remote TIONAL SERVICES pickup stations. 74.432 Licensing requirements and procedures. Subpart—General; Rules Applicable to All 74.433 Temporary authorizations. Services in Part 74 74.434 Remote control operation. 74.436 Special requirements for automatic Sec. relay stations. 74.1 Scope. 74.2 General definitions. 74.451 Certification of equipment. 74.3 FCC inspections of stations. 74.452 Equipment changes. 74.5 Cross reference to rules in other parts. 74.461 Transmitter power. 74.12 Notification of filing of applications. 74.462 Authorized bandwidth and emissions. 74.13 Equipment tests. 74.463 Modulation requirements. 74.14 Service or program tests. 74.464 Frequency tolerance. 74.15 Station license period. 74.465 Frequency monitors and measure- 74.16 Temporary extension of station li- ments. censes. 74.482 Station identification. 74.18 Transmitter control and operation. 74.19 Special technical records. Subpart E—Aural Broadcast Auxiliary 74.21 Broadcasting emergency information. Stations 74.22 Use of common antenna structure. 74.23 Interference jeopardizing safety of life 74.501 Classes of aural broadcast auxiliary or protection of property. stations. 74.24 Short-term operation. 74.502 Frequency assignment. 74.28 Additional orders. 74.503 Frequency selection. 74.30 Antenna structure, marking and light- 74.531 Permissible service. ing. 74.532 Licensing requirements. 74.32 Operation in the 17.8–19.7 GHz band. 74.533 Remote control and unattended operation. Subpart A—Experimental Broadcast 74.534 Power limitations. Stations 74.535 Emission and bandwidth. 74.536 Directional antenna required. 74.101 Experimental broadcast station. 74.537 Temporary authorizations. 74.102 Uses of experimental broadcast sta- 74.550 Equipment authorization. tions. 74.551 Equipment changes. 74.103 Frequency assignment. 74.561 Frequency tolerance.

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74.562 Frequency monitors and measure- 74.765 Posting of station and operator li- ments. censes. 74.564 Posting of station license. 74.769 Copies of rules. 74.582 Station identification. 74.780 Broadcast regulations applicable to translators, low power, and booster sta- Subpart F—Television Broadcast Auxiliary tions. Stations 74.781 Station records. 74.783 Station identification. 74.600 Eligibility for license. 74.784 Rebroadcasts. 74.601 Classes of TV broadcast auxiliary sta- 74.785 Low power TV digital data service tions. pilot project. 74.602 Frequency assignment. 74.603 Sound channels. Subpart H—Low Power Auxiliary Stations 74.604 Interference avoidance. 74.631 Permissible service. 74.801 Definitions. 74.632 Licensing requirements. 74.802 Frequency assignment. 74.633 Temporary authorizations. 74.803 Frequency selection to avoid inter- 74.634 Remote control operation. ference. 74.635 Unattended operation. 74.831 Scope of service and permissible 74.636 Power limitations. transmissions. 74.637 Emissions and emission limitations. 74.832 Licensing requirements and proce- 74.638 Frequency coordination. dures. 74.641 Antenna systems. 74.833 Temporary authorizations. 74.643 Interference to geostationary-sat- 74.851 Certification of equipment. ellites. 74.852 Equipment changes. 74.644 Minimum path lengths for fixed 74.861 Technical requirements. links. 74.882 Station identification. 74.651 Equipment changes. 74.655 Authorization of equipment. Subpart I—Instructional Television Fixed 74.661 Frequency tolerance. Service 74.662 Frequency monitors and measurements. 74.901 Definitions. 74.663 Modulation limits. 74.902 Frequency assignments. 74.664 Posting of station license. 74.903 Interference. 74.682 Station identification. 74.910 Part 73 application requirements per- 74.690 Transition of the 1990–2025 MHz band taining to ITFS stations. from the Broadcast Auxiliary Service to 74.911 Processing of ITFS station applica- emerging technologies. tions. 74.912 Petitions to deny. Subpart G—Low Power TV, TV Translator, 74.931 Purpose and permissible service. and TV Booster Stations 74.932 Eligibility and licensing requirements. 74.701 Definitions. 74.933 Remote control operation. 74.702 Channel assignments. 74.934 Unattended operation. 74.703 Interference. 74.935 EIRP limitations. 74.705 TV broadcast analog station protec- 74.936 Emissions and bandwidth. tion. 74.937 Antennas. 74.706 Digital TV (DTV) station protection. 74.938 Transmission standards. 74.707 Low power TV and TV translator sta- 74.939 ITFS response stations. tion protection. 74.949 Individually licensed 125 kHz channel 74.708 Class A TV and digital Class A TV ITFS response stations. station protection. 74.951 Modification of transmission sys- 74.709 Land mobile station protection. tems. 74.731 Purpose and permissible service. 74.952 Acceptability of equipment for licens- 74.732 Eligibility and licensing require- ing. ments. 74.961 Frequency tolerance. 74.733 UHF translator signal boosters. 74.962 Frequency monitors and measure- 74.734 Attended and unattended operation. ments. 74.735 Power limitations. 74.963 Time of operation. 74.736 Emissions and bandwidth. 74.965 Posting of station license. 74.737 Antenna location. 74.969 Copies of rules. 74.750 Transmission system facilities. 74.970 Modulation limits. 74.751 Modification of transmission sys- 74.971 Modulation monitors and measure- tems. ments. 74.761 Frequency tolerance. 74.982 Station identification. 74.762 Frequency measurements. 74.984 Retransmissions. 74.763 Time of operation. 74.985 Signal booster stations.

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74.986 Involuntary ITFS station modifica- (b) Rules in part 74 which apply ex- tions. clusively to a particular service are 74.990 Use of available instructional tele- contained in that service subpart, as vision fixed service frequencies by wireless cable entities. follows: Experimental Broadcast Sta- 74.991 Wireless cable application proce- tions, subpart A; Remote Pickup dures. Broadcast Stations, subpart D; Aural 74.992 Access to channels licensed to wire- Broadcast STL and Intercity Relay less cable entities. Stations, subpart E; TV Auxiliary 74.996 Applicability of cable EEO require- Broadcast Stations, subpart F; Low ments to ITFS facilities. Power TV, TV Translator and TV Booster Stations, subpart G; Low Subparts J–K [Reserved] Power Auxiliary Stations, subpart H; Subpart L—FM Broadcast Translator Instructional TV Fixed Service, sub- Stations and FM Broadcast Booster Stations part I; FM Broadcast Translator Sta- tions and FM Broadcast Booster Sta- 74.1201 Definitions. tions, subpart L. 74.1202 Frequency assignment. 74.1203 Interference. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 74.1204 Protection of FM broadcast, FM 47 U.S.C. 158, 303) Translator and LP100 stations. 74.1205 Protection of channel 6 TV broad- [47 FR 53022, Nov. 24, 1982, and 49 FR 32583, cast stations. Aug. 15, 1984, as amended at 52 FR 31402, Aug. 74.1231 Purpose and permissible service. 20, 1987] 74.1232 Eligibility and licensing requirements. § 74.2 General definitions. 74.1233 Processing FM translator and boost- Broadcast network-entity. A broadcast er station applications. network-entity is an organization 74.1234 Unattended operation. 74.1235 Power limitations and antenna sys- which produces programs available for tems. simultaneous transmission by 10 or 74.1236 Emission and bandwidth. more affiliated broadcast stations and 74.1237 Antenna location. having distribution facilities or cir- 74.1250 Transmitters and associated equip- cuits available to such affiliated sta- ment. tions at least 12 hours each day. 74.1251 Technical and equipment modifica- Cable network-entity. A cable net- tions. 74.1261 Frequency tolerance. work-entity is an organization which 74.1262 Frequency monitors and measure- produces programs available for simul- ments. taneous transmission by cable systems 74.1263 Time of operation. serving a combined total of at least 74.1265 Posting of station license. 5,000,000 subscribers and having dis- 74.1269 Copies of rules. tribution facilities or circuits available 74.1281 Station records. to such affiliated stations or cable sys- 74.1283 Station identification. 74.1284 Rebroadcasts. tems. 74.1290 FM translator and booster station [51 FR 4601, Feb. 6, 1986] information available on the Internet. ALPHABETICAL INDEX—PART 74 § 74.3 FCC inspections of stations. AUTHORITY: 47 U.S.C. 154, 303, 307, 336(f), (a) The licensee of a station author- 336(h) and 554. ized under this part must make the EDITORIAL NOTE: Nomenclature changes to station available for inspection by rep- part 74 appear at 64 FR 4055, Jan. 27, 1999. resentatives of the FCC during the station’s business hours, or at any time it Subpart—General; Rules Applica- is in operation. ble to All Services in Part 74 (b) In the course of an inspection or investigation, an FCC representative § 74.1 Scope. may require special equipment tests or (a) The rules in this subpart are ap- program tests. plicable to the Experimental, Auxiliary (c) The logs and records required by and Special Broadcast, and Other Pro- this part for the particular class or gram Distributional Services. type of station must be made available

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upon request to representatives of the (a) Mobile remote pickup stations FCC. (subpart D). [47 FR 53022, Nov. 24, 1982] (b) TV pickup stations (subpart F). (c) Low power auxiliary stations § 74.5 Cross reference to rules in other (subpart H). parts. [44 FR 58735, Oct. 11, 1979, as amended at 44 Certain rules applicable to Experi- FR 77167, Dec. 31, 1979; 47 FR 28388, June 30, mental, Auxiliary, Special Broadcast 1982] and other Program Distribution services, some of which are also applicable § 74.13 Equipment tests. to other services, are set forth in the (a) During the process of construc- following Parts of the FCC Rules and tion of any class of radio station listed Regulations: (a) Part 1, ‘‘Practice and procedure’’. in this part, the permittee, without (1) Subpart A, ‘‘General Rules of further authority of the Commission, Practice and Procedure’’. (§§ 1.1 to may conduct equipment tests for the 1.120). purpose of such adjustments and meas- (2) Subpart B, ‘‘Hearing Pro- urements as may be necessary to as- ceedings’’. (§§ 1.120 to 1.364). sure compliance with the terms of the (3) Subpart C, ‘‘Rulemaking Pro- construction permit, the technical pro- ceedings’’. (§§ 1.399 to 1.430). visions of the application therefor, the (4) Subpart G, ‘‘Schedule of Statu- technical requirements of this chapter, tory Charges and Procedures for Pay- and the applicable engineering stand- ment’’. (§§ 1.1101 to 1.1120). ards. (5) Subpart H, ‘‘Ex Parte Presen- (b) Equipment tests may be contin- tations’’. (§§ 1.1200 to 1.1216). ued so long as the construction permit (6) Subpart I, ‘‘Procedures Imple- shall remain valid. menting the National Environmental (c) The authorization for tests em- Policy Act of 1969’’. (§§ 1.1301 to 1.1319). bodied in this section shall not be con- (7) Part 1, Subpart W of this chapter, strued as constituting a license to op- ‘‘FCC Registration Number’’. (§§ 1.8001– erate. 1.8005.) (b) Part 2, ‘‘Frequency Allocations [38 FR 18378, July 10, 1973] and Radio Treaty Matters, General Rules and Regulations’’, including sub- § 74.14 Service or program tests. parts A, ‘‘Terminology’’; B, (a) Upon completion of construction ‘‘Allocation, Assignments and Use of of a radio station in accordance with Radio Frequencies’’; C, ‘‘Emissions’’; the terms of the construction permit, D, ‘‘Call Signs and Other Forms of the technical provisions of the applica- Identifying Radio Transmissions’’; and tion therefor, technical requirements J, ‘‘Equipment Authorization Pro- of this chapter, and applicable engi- ceedings’’. neering standards, and when an appli- (c) [Reserved] cation for station license has been filed (d) Part 17, ‘‘Construction, Marking showing the station to be in satisfac- and Lighting of Antenna Structures’’. tory operating condition, the permittee (e) Part 73, ‘‘Radio Broadcast Serv- or any class of station listed in this ices’’. part may, without further authority of [53 FR 2499, Jan. 28, 1988, as amended at 60 the Commission, conduct service or FR 55482, Nov. 1, 1995; 66 FR 47896, Sept. 14, program tests. 2001] (b) Program test authority for stations authorized under this part will § 74.12 Notification of filing of applica- continue valid during Commission con- tions. sideration of the application for license The provisions of § 73.1030 and during this period further exten- ‘‘Notification concerning interference sion of the construction permit is not to Radio Astronomy, Research, and Re- required. Program test authority shall ceiving Installations’’ apply to all sta- be automatically terminated with final tions authorized under this part of the action on the application for station li- FCC Rules except the following: cense.

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(c) The authorization for tests em- their states as reflected in § 73.1020 of bodied in this section shall not be con- this chapter: strued as approval by the Commission (1) Nevada: of the application for station license. (i) FM translators, February 1, 1997. (ii) LPTV and TV translator, Feb- [38 FR 18378, July 10, 1973] ruary 1, 1998. (2) California: § 74.15 Station license period. (i) FM translators, April 1, 1997. (a) Licenses for experimental broad- (ii) LPTV and TV translators, April cast stations will be issued for a one 1, 1998 year period. (3) Maine, Vermont, New Hampshire, (b) Licenses for stations or systems Massachusetts, Connecticut, Rhodes Is- in the Auxiliary Broadcast Service held land, New York, New Jersey, Pennsyl- by a licensee of a broadcast station will vania, Maryland, Delaware, West Vir- be issued for a period running concur- ginia, Ohio and the District of rently with the license of the associ- Colbumia: ated broadcast station with which it is (i) FM translators, June 1, 1997 licensed. Licenses held by eligible net- (ii) LPTV and TV translators, June 1, works for the purpose of providing pro- 1998 gram service to affiliated stations (4) Virginia, North Carolina, South under subpart D of this part, and by el- Carolina, Georgia, Florida, Alabama, igible networks, cable television opera- Mississippi, Louisiana, Arkansas, Mis- tors, motion picture producers and tel- souri, Kentucky, Tennessee, Indiana, evision program producers under sub- Illinois, Michigan, Wisconsin, Pureto part H of this part will be issued for a Rico and the Virgin Islands: period running concurrently with the (i) FM translators, August 1, 1997 normal licensing period for broadcast (ii) LPTV and TV translators, August stations located in the same area of op- 1, 1998 eration. (5) Oklahoma and Texas: (c) The license of an FM broadcast (i) FM translators, October 1, 1997 booster station or a TV broadcast (ii) LPTV and TV translators, Octo- ber 1, 1998 booster station will be issued for a pe- (6) Kansas and Nebraska: riod running concurrently with the li- (i) FM translators, December 1, 1997 cense of the FM radio broadcast sta- (ii) LPTV and TV translators, De- tion or TV broadcast station (primary cember 1, 1998 station) with which it is used. (7) Iowa and South Dakota: (d) Initial licenses for low power TV, (i) FM translators, February 1, 1998 TV translator, and FM translator sta- (ii) LPTV and TV translators, Feb- tions will ordinarily be issued for a pe- ruary 1, 1999 riod running until the date specified in (8) Minnesota and North Dakota: § 73.1020 of this chapter for full service (i) FM translators, April 1, 1998 stations operating in their State or (ii) LPTV and TV translators, April Territory, or if issued after such date, 1, 1999 to the next renewal date determined in (9) Wyoming: accordance with § 73.1020 of this chap- (i) FM translators, June 1, 1998 ter. Lower power TV and TV translator (ii) LPTV and TV translators, June 1, station and FM translator station li- 1999 censes will ordinarily be renewed for 8 (10) Montana: years. However, if the FCC finds that (i) FM translators, August 1, 1998 the public interest, convenience or ne- (ii) LPTV and TV translators, August cessity will be served, it may issue ei- 1, 1999 ther an initial license or a renewal (11) Idaho: thereof for a lesser term. The FCC may (i) FM translators, October 1, 1995 also issue a license renewal for a short- (ii) LPTV and TV translators, Octo- er term if requested by the applicant. ber 1, 1996 The time of expiration of all licenses (12) Washington: will be 3 a.m. local time, on the fol- (i) FM translators, December 1, 1995 lowing dates, and thereafter to the (ii) LPTV and TV translators, De- schedule for full service stations in cember 1, 1996

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(13) Oregon: nals for any consecutive 12-month pe- (i) FM translators, February 1, 1996 riod notwithstanding any provision, (ii) LPTV and TV translators, Feb- term, or condition of the license to the ruary 1, 1997 contrary. Further, if the license of any (14) Alaska, American Samoa, Guam, AM, FM, or TV broadcasting station li- Mariana Islands and Hawaii: censed under part 73 of this chapter ex- (i) FM translators, April 1, 1996 pires for failure to transmit signals for (ii) LPTV and TV translators, April any consecutive 12-month period, the 1, 1997 licensee’s authorizations under part 74, (15) Colorado: subparts D, E, F, and H in connection (i) FM translators, June 1, 1996 with the operation of that AM, FM, or (ii) LPTV and TV translators, June 1, TV broadcasting station will also ex- 1997 pire notwithstanding any provision, (16) New Mexico: term, or condition to the contrary. (i) FM translators, August 1, 1996 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (ii) LPTV and TV translators, August 1068, 1082 (47 U.S.C. 154, 155, 303)) 1, 1997 [28 FR 13706, Dec. 14, 1963, as amended at 49 (17) Utah: FR 32583, Aug. 15, 1984; 50 FR 26758, June 28, (i) FM translators, October 1, 1996 1985; 52 FR 7142, Mar. 9, 1987; 52 FR 25604, (ii) LPTV and TV translators, Octo- July 8, 1987; 52 FR 31402, Aug. 20, 1987; 59 FR ber 1, 1997 63052, Dec. 7, 1994; 61 FR 28767, June 6, 1996; 62 (18) Arizona: FR 5347, Feb. 5, 1997] (i) FM translators, December 1, 1996 (ii) LPTV and TV translators, De- § 74.16 Temporary extension of station licenses. cember 1, 1997 (e) Licenses for instructional tele- Where there is pending before the vision fixed stations will be issued for a Commission any application, investiga- period of 10 years beginning with the tion, or proceeding which, after hear- date of grant. An application for re- ing, might lead to or make necessary newal of license (FCC Form 330–R) the modification of, revocation of, or shall be filed not later than the first the refusal to renew an existing auxil- day of the fourth full calendar month iary or experimental broadcast station prior to the expiration date of the li- license or a television broadcast trans- cense sought to be renewed. If the pre- lator station license, the Commission scribed deadline falls on a nonbusiness in its discretion, may grant a temorary day, the cutoff shall be the close of extension of such license: Provided, business of the first full business day however, That no such temporary ex- thereafter. tension shall be construed as a finding (f) Licenses held by broadcast net- by the Commission that the operation work-entities under Subpart F will or- of any radio station thereunder will dinarily be issued for a period of 8 serve public interest, convenience, and years running concurrently with the necessity beyond the express terms of normal licensing period for broadcast such temporary extension of license: stations located in the same area of op- And provided further, That such tem- eration. An application for renewal of porary extension of license will in no license (FCC Form 313–R) shall be filed wise affect or limit the action of the not later than the first day of the Commission with respect to any pend- fourth full calendar month prior to the ing application or proceeding. expiration date of the license sought to [28 FR 13706, Dec. 14, 1963, as amended at 37 be renewed. If the prescribed deadline FR 25843, Dec. 5, 1972] falls on a nonbusiness day, the cutoff shall be the close of business of the § 74.18 Transmitter control and oper- first full business day thereafter. ation. (g) The license of an experimental Except where unattended operation broadcast station, FM translator or is specifically permitted, the licensee FM broadcast booster, TV translator or of each station authorized under the TV broadcast booster, or low power TV provisions of this part shall designate a station will expire as a matter of law person or persons to activate and con- upon failure to transmit broadcast sig- trol its transmitter. At the discretion

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of the station licensee, persons so des- substantially normal communications ignated may be employed for other du- facilities have been restored. The Com- ties and for operation of other transmission may at any time order dis- mitting stations if such other duties continuance of such operation. will not interfere with the proper operation of the station transmission sys- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) tems. [28 FR 13706, Dec. 14, 1963, as amended at 37 [60 FR 55482, Nov. 1, 1995] FR 25843, Dec. 5, 1972; 44 FR 65765, Nov. 15, 1979; 47 FR 40175, Sept. 13, 1982] § 74.19 Special technical records. The FCC may require a broadcast § 74.22 Use of common antenna struc- auxiliary station licensee to keep oper- ture. ating and maintenance records nec- The simultaneous use of a common essary to resolve conditions of actual antenna structure by more than one or potential interference, rule viola- station authorized under this part, or tions, or deficient technical operation. by one or more stations of any other [48 FR 38482, Aug. 24, 1983] service may be authorized. The owner of each antenna structure is respon- § 74.21 Broadcasting emergency infor- sible for ensuring that the structure, if mation. required, is painted and/or illuminated (a) In an emergency where normal in accordance with part 17 of this chap- communication facilities have been ter. In the event of default by the disrupted or destroyed by storms, owner, each licensee or permittee shall floods or other disasters, the stations be responsible for ensuring that the licensed under this part may be oper- structure complies with applicable ated for the purpose of transmitting es- painting and lighting requirements. sential communications intended to al- leviate distress, dispatch aid, assist in [61 FR 4368, Feb. 6, 1996] rescue operations, maintain order, or § 74.23 Interference jeopardizing safe- otherwise promote the safety of life ty of life or protection of property. and property. In the course of such operation, a station of any class may (a) The licensee of any station au- communicate with stations of other thorized under this part that causes classes and in other services. However, harmful interference, as defined in § 2.1 such operation shall be conducted only of the Commission’s rules, to radio on the frequency or frequencies for communications involving the safety which the station is licensed and the of life or protection of property shall used power shall not exceed the max- promptly eliminate the interference. imum authorized in the station license. (b) If harmful interference to radio When such operation involves the use communications involving the safety of frequencies shared with other sta- of life or protection of property cannot tions, licensees are expected to cooper- be promptly eliminated and the Com- ate fully to avoid unnecessary or dis- mission finds that there exists an im- ruptive interference. minent danger to safety of life or pro- (b) Whenever such operation involves tection of property, pursuant to 47 communications of a nature other than U.S.C. 312 (b) and (e) and 5 U.S.C. 558, those for which the station is licensed operation of the offending equipment to perform, the licensee shall, at the shall temporarily be suspended and earliest practicable time, notify the shall not be resumed until the harmful FCC in Washington, DC of the nature interference has been eliminated or the of the emergency and the use to which threat to the safety of life or property the station is being put and shall sub- has passed. In situations where the pro- sequently notify the same offices when tection of property alone is jeopard- the emergency operation has been ter- ized, before taking any action under minated. this paragraph, the Commission shall (c) Emergency operation undertaken balance the nature and extent of the pursuant to the provisions of this sec- possible property damage against the tion shall be discontinued as soon as potential harm to a licensee or the

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public caused by suspending part 74 op- operated in accordance with the terms erations. When specifically authorized, of its outstanding authorization. short test operations may be made dur- (f) Stations operated pursuant to this ing the period of suspended operation section shall be identified by the trans- to check the efficacy of remedial meas- mission of the call sign of the associ- ures. ated broadcast station. (g) The part 73 licensee of this chap- [47 FR 1395, Jan. 13, 1982] ter, prior to operating pursuant to the provisions of this section shall, for the § 74.24 Short-term operation. intended location or area-of-operation, The classes of broadcast auxiliary notify the appropriate frequency co- stations provided for in subparts D, E, ordination committee or any li- F and H of this part may be operated censee(s) assigned the use of the pro- on a short-term basis under the author- posed operating frequency, concerning ity conveyed by a part 73 license with- the particulars of the intended oper- out prior authorization from the FCC, ation and shall provide the name and subject to the following conditions: telephone number of a person who may (a) The part 73 licensee of this chap- be contacted in the event of inter- ter must be eligible to operate the par- ference. Information on active fre- ticular class of broadcast auxiliary sta- quency coordination committees may tion. be obtained by contacting the FCC’s (b) The short-term broadcast auxil- Auxiliary Services Branch at (202) 634– iary station shall be operated in con- 6307 between 8:00 a.m. and 4:30 p.m. formance with all normally applicable Eastern Time. Except as provided regulations to the extent they are not below, this notification provision shall superceded by specific provisions of not apply where an unanticipated need this section. for immediate short-term mobile sta- (c) Short-term operation is on a section operation would render compli- ondary, non-interference basis to regu- ance with the provisions of this para- larly authorized stations and shall be graph impractical. discontinued immediately upon notifi- (1) A CARS licensee shall always be cation that perceptible interference is given advance notification prior to the being caused to the operation of a regu- commencement of short-term oper- larly authorized station. Short-term ation on or adjacent to an assigned fre- station operators shall, to the extent quency. practicable, use only the effective radi- (h) Short-term operation is limited ated power and antenna height nec- to areas south or west of the United essary for satisfactory system perform- States-Canada border as follows: ance. (1) Use of broadcast auxiliary service (d) Short-term operation by a part 73 frequencies below 470 MHz is limited to licensee shall not exceed 720 hours an- areas of the United States south of nually per frequency. Line A or west of Line C unless the effective radiated power of the station is NOTE: Certain frequencies shared with 5 watts or less. other services which are normally available for permanent broadcast auxiliary station NOTE: Line A is a line above which fre- assignment may not be available for short- quency assignments made by the Federal term operation. Refer to any note(s) which Communications Commission are coordi- may be applicable to the use of a specific fre- nated with the Canadian Department of quency prior to initiating operation. Communications and which begins at Aber- deen, Washington, running by great circle (e) The antenna height of a station arc to the intersection of 48° N., 120° W., then operated pursuant to this section shall along parallel 48° N., to the intersection of not increase the height of any man- 95° W., then by great circle arc through the made antenna supporting structure, or southernmost point of Duluth, Minnesota, increase by more than 6.1 meters (20 then by great circle arc to 45° N., 85° W., then ° feet) the height of any other type of southward along meridian 85 W., to its intersection with parallel 41° N., then along man-made structure or natural forma- parallel 41° N., to its intersection with me- tion. However, the facilities of an au- ridian 82° W., then by great circle arc thorized broadcast auxiliary station through the southernmost point of Bangor, belonging to another licensee may be Maine, then by great circle arc through the

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southernmost point of Searsport, Maine, at eration. Where protection to FCC mon- which point it terminates. Line C is a line itoring stations is concerned, approval east of which frequency assignments are for short-term operation may be given similarly coordinated and which begins at the intersection of 70° N., 144° W., then by by the local Engineer-in-Charge. great circle arc to the intersection of 60° N., (j)(1) This paragraph applies only to 143° W., then by great circle arc so as to in- operations which will transmit on fre- clude all of the Alaskan Panhandle. quencies under 15 GHz. Prior to commencing short-term operation of a re- (2) A broadcast auxiliary service sta- mote pickup broadcast station, a re- tion operating on frequencies between 470 MHz and 1 GHz must be at least 56.3 mote pickup automatic relay station, kilometers (35 miles) south (or west, as an aural broadcast STL station, an appropriate of the United States-Can- aural broadcast intercity relay station, ada border if the antenna looks within a TV STL station, a TV intercity relay a 200° sector toward the border; or, the station, a TV translator relay station, station must be at least 8.1 kilometers a TV pickup station, or a TV micro- (5 miles) south (or west, as appropriate) wave booster station within the 4-mile if the antenna looks within a 160° sec- (6.4 kilometer) radius Commonwealth tor away from the border. However, op- of Puerto Rico Protection Zone eration is not permitted in either of (centered on NAD–83 Geographical Co- ° ′ ′ these two situations if the station ordinates North Latitude 18 20 38.28 , ° ′ ′ would be within the coordination dis- West Longitude 66 45 09.42 ), an appli- tance of a receiving earth station in cant must notify the Arecibo Observ- Canada which uses the same frequency atory, located near Arecibo, Puerto band. (The coordination distance is the Rico. Operations within the Puerto distance, calculated for any station, Rico Coordination Zone (i.e., on the is- according to Appendix 28 of the Inter- lands of Puerto Rico, Desecheo, Mona, national Radio Regulations.) Vieques, or Culebra), but outside the (3) A broadcast auxiliary service sta- Protection Zone, whether short term tion operating on frequencies above 1 or long term, shall provide notification GHz shall not be located within the co- to the Arecibo Observatory prior to ordination distance of a receiving earth commencing operation. Notification station in Canada which uses the same should be directed to the following: In- frequency band. (The coordination dis- terference Office, Arecibo Observatory, tance is the distance, calculated for Post Office Box 995, Arecibo, Puerto any station, according to Appendix 28 Rico 00613, Tel. (809) 878–2612, Fax (809) of the international Radio Regula- 878–1861, E-mail [email protected]. tions.) (2) Notification of short-term oper- (i) Short-term operation of a remote ations may be provided by telephone, pickup broadcast base station, a re- fax, or electronic mail. The notifica- mote pickup automatic relay station, tion for long-term operations shall be an aural broadcast STL station, an written or electronic, and shall set aural broadcast intercity relay station, forth the technical parameters of the a TV STL station, a TV intercity relay proposed station, including the geo- station or a TV translator relay sta- graphical coordinates of the antenna tion in the National Radio Quiet Zone, (NAD–83 datum), antenna height above the Table Mountain Radio Receiving ground, ground elevation at the an- Zone, or near FCC monitoring stations tenna, antenna directivity and gain, is subject to the same advance notifi- proposed frequency and FCC Rule Part, cation procedures applicable to regular type of emission, effective radiated applications as provided for in §§ 73.1030 power, and whether the proposed use is and 74.12, except that inasmuch as itinerant. Applicants may wish to con- short-term operation does not involve sult interference guidelines, which will an application process, the provisions be provided by Cornell University. In relating to agency objection proce- addition, the applicant shall indicate dures shall not apply. It shall simply in its application to the Commission be necessary for the part 73 licensee of the date notification was made to the this chapter to contact the potentially Observatory. Generally, submission of affected agency and obtain advance ap- the information in the technical por- proval for the proposed short-term option of the FCC license application is

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adequate notification. After receipt of would change the frequency, power, such applications in non-emergency emission, modulation, polarization, an- situations, the Commission will allow tenna height or directivity, or location the Arecibo Observatory a period of 20 of such a station, must be coordinated days for comments or objections in re- with the Federal Government by the sponse to the notification indicated. Commission before an authorization The applicant will be required to make will be issued, if the station or pro- reasonable efforts in order to resolve or posed station is located in whole or in mitigate any potential interference part within any of the areas defined by problem with the Arecibo Observatory the following rectangles or circles: and to file either an amendment to the application or a modification applica- Denver, CO Area tion, as appropriate. If the Commission Rectangle 1: determines that an applicant has satis- 41°30′00″ N. Lat. on the north ° ′ ″ fied its responsibility to make reason- 103 10 00 W. Long. on the east 38°30′00″ N. Lat. on the south able efforts to protect the Observatory 106°30′00″ W. Long. on the west from interference, its application may Rectangle 2: be granted. In emergency situations in 38°30′00″ N. Lat. on the north which prior notification or approval is 105°00′00′ W. Long. on the east not practicable, notification or ap- 37°30′00″ N. Lat. on the south proval must be accomplished as soon as 105°50′00″ W. Long. on the west possible after operations begin. Rectangle 3: 40°08′00″ N. Lat. on the north (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 107°00′00″ W. Long. on the east 47 U.S.C. 158, 303) 39°56′00″ N. Lat. on the south 107°15′00″ W. Long. on the west [47 FR 9219, Mar. 4, 1982, as amended at 49 FR 34356, Aug. 30, 1984; 50 FR 23709, June 5, 1985; Washington, DC Area 62 FR 55532, Oct. 27, 1997] Rectangle ° ′ ″ § 74.28 Additional orders. 38 40 00 N. Lat. on the north 78°50′00″ W. Long. on the east In case the rules contained in this 38°10′00″ N. Lat. on the south part do not cover all phases of oper- 79°20′00″ W. Long. on the west ation or experimentation with respect or to external effects, the FCC may make (b) Within a radius of 178 km of supplemental or additional orders in 38°48′00″ N. Lat./76° 52′00″ W. Long. each case as may be deemed necessary. (c) In addition, no application seek- [47 FR 53022, Nov. 24, 1982] ing authority to operate in the 17.8–19.7 GHz band will be accepted for filing if § 74.30 Antenna structure, marking the proposed station is located within and lighting. 20 km of the following coordinates: The provisions of part 17 of the FCC Denver, CO area: 39°43′00″ N. Lat./104°46′00″ W. rules (Construction, Marking, and Long. Lighting of Antenna Structures) re- Washington, DC area: 38°48′00″ N. Lat. / quire certain antenna structures to be 76°52′00″ W. Long. painted and/or lighted in accordance NOTE TO § 74.32: The coordinates cited in with the provisions of §§ 17.47 through this section are specified in terms of the 17.56 of the FCC rules. ‘‘North American Datum of 1983 (NAD 83)’’ with an accuracy of ±30 meters with respect [47 FR 53022, Nov. 24, 1982] to the ‘‘National Spacial Reference System’’. § 74.32 Operation in the 17.8–19.7 GHz [62 FR 55537, Oct. 27, 1997] band. (a) To minimize or avoid harmful in- Subpart A—Experimental terference to Government Satellite Broadcast Stations Earth Stations located in the Denver, Colorado and Washington, DC areas, § 74.101 Experimental broadcast sta- any application for a new station li- tion. cense to operate in the 17.8–19.7 GHz The term experimental broadcast sta- band, or for modification of an existing tion means a station licensed for exper- station license in this band which imental or developmental transmission

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of radio telephony, television, fac- a determination by the FCC that the simile, or other types of telecommuni- development of such apparatus or the cation services intended for reception rendition of such service would serve and use by the general public. the public interest. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) 47 U.S.C. 158, 303) [49 FR 32583, Aug. 15, 1984] [28 FR 13706, Dec. 14, 1963, as amended at 49 § 74.102 Uses of experimental broad- FR 32583, Aug. 15, 1984] cast stations. § 74.112 Supplementary statement A license for an experimental broad- with application for construction cast station will be issued for the pur- permit. poses of carrying on research and experimentation for the development and A supplementary statement shall be advancement of new broadcast tech- filed with, and made a part of, each ap- nology, equipment, systems or services plication for construction permit for which are more extensive or require any experimental broadcast station other modes of transmission than can confirming the applicant’s under- be accomplished by using a licensed standing: broadcast station under an experi- (a) That all operation upon the fre- mental authorization (see § 73.1510). quency requested is for experimental (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; purposes only. 47 U.S.C. 158, 303) (b) That the frequency requested may [49 FR 32583, Aug. 15, 1984] not be the best suited to the particular experimental work to be carried on. § 74.103 Frequency assignment. (c) That the frequency requested need (a) Frequencies allocated to broad- not be allocated for any service that casting and the various categories of may be developed as a result of the ex- auxiliary stations, in the FCC’s Table perimental operation. of Frequency Allocations (Part 2 of (d) That any frequency which may be this chapter), may be assigned respec- assigned is subject to change without tively to experimental broadcast and advance notice or hearing. experimental auxiliary stations. (e) That any authorization issued (b) More than one frequency may be pursuant to the application may be assigned upon a satisfactory showing of cancelled at any time without notice the need therefor. or hearing, and will expire as a matter (c) Frequencies best suited to the of law if the station fails to transmit purpose of the experimentation and on broadcast signals for any consecutive which there appears to be the least 12-month period, notwithstanding any likelihood of interference to estab- provision, term, or condition of the li- lished stations shall be selected. cense to the contrary. (d) In a case of important experimentation which cannot be feasibly con- (f) That if approval of the experi- ducted on frequencies allocated to mental broadcast station may have a broadcasting or the various categories significant environmental impact, see of auxiliary stations, the FCC may au- § 1.1307 of this chapter, submission of thorize an experimental station of any an environmental assessment, under class to operate on other frequencies § 1.1311 of this chapter, and compliance upon a satisfactory showing of the need with the Commission’s environmental therefore and a showing that the pro- rules contained in part 1 of this chap- posed operation can be conducted with- ter is required. out causing harmful interference to es- (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. tablished services. However, experi- 319; secs. 4, 303, 48 Stat., as amended, 1066, mental operation which looks toward 1032; 47 U.S.C. 158, 303) the development of radio transmitting apparatus or the rendition of any type [28 FR 13706, Dec. 14, 1963, as amended at 49 of regular service using such fre- FR 32583, Aug. 15, 1984; 55 FR 20398, May 16, quencies will not be authorized prior to 1990; 61 FR 28767, June 6, 1996]

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§ 74.113 Supplementary reports with (2) That upon the authorization of application for renewal of license. the proposed station the applicant can (a) A report shall be filed with each and will proceed immediately with its application for renewal of experimental program of research and experimen- broadcast station license which shall tation. include a statement of each of the fol- (3) That the transmission of signals lowing: by radio is essential to the proposed program of research and experimen- (1) Number of hours operated. tation. (2) Full data on research and experi- (4) That the program of research and mentation conducted including the experimentation will be conducted by types of transmitting and studio equip- qualified personnel. ment used and their mode of operation. (b) A license of an experimental (3) Data on expense of research and broadcast station will not authorize ex- operation during the period covered. clusive use of any frequency. In case (4) Power employed, field intensity interference would be caused by simul- measurements and visual and aural ob- taneous operation of stations licensed servations and the types of instru- experimentally, such licensees shall ments and receivers utilized to deter- endeavor to arrange satisfactory time mine the station service area and the division. If such agreement cannot be efficiency of the respective types of reached, the FCC will determine and transmissions. specify the time division. (5) Estimated degree of public par- (c) A license for an experimental ticipation in reception and the results broadcast station will be issued only on of observations as to the effectiveness the condition that no objectionable in- of types of transmission. terference to the regular program (6) Conclusions, tentative and final. transmissions of broadcast stations (7) Program of further developments will result from the transmissions of in broadcasting. the experimental stations. (8) All developments and major changes in equipment. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; (9) Any other pertinent develop- 47 U.S.C. 158, 303) ments. [28 FR 13706, Dec. 14, 1963, as amended at 49 (b) Special or progress reports shall FR 32583, Aug. 15, 1984] be submitted from time to time as the § 74.132 Power limitations. Commission shall direct. The license for experimental broad- (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. cast stations will specify the maximum 308; secs. 4, 303, 48 Stat., as amended, 1066, authorized power. The operating power 1032; 47 U.S.C. 158, 303) shall not be greater than necessary to [28 FR 13706, Dec. 14, 1963, as amended at 49 carry on the service and in no event FR 32583, Aug. 15, 1984] more than 5 percent above the maximum power specified. Engineering § 74.131 Licensing requirements, necessary showing. standards have not been established for these stations. The efficiency factor for (a) An applicant for a new experi- the last radio stage of transmitters em- mental broadcast station, change in fa- ployed will be subject to individual de- cilities of any existing station, or termination but shall be in general modification of license is required to agreement with values normally em- make a satisfactory showing of compli- ployed for similar equipment operated ance with the general requirements of within the frequency range authorized. the Communications Act of 1934, as amended, as well as the following: (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; (1) That the applicant has a definite 47 U.S.C. 158, 303) program of research and experimen- [49 FR 32583, Aug. 15, 1984] tation in the technical phases of broadcasting which indicates reasonable § 74.133 Emission authorized. promise of substantial contribution to In case emission of a different type the developments of the broadcasting than that specified in the license is art. necessary or desirable in carrying on

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any phases of experimentation, appli- quency is maintained within the pre- cation setting out fully the needs shall scribed tolerance. be made by informal application. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; [28 FR 13706, Dec. 14, 1963] 47 U.S.C. 158, 303) [49 FR 32584, Aug. 15, 1984] § 74.151 Equipment changes. The licensee of an experimental § 74.163 Time of operation. broadcast station may make any (a) Unless specified or restricted changes in the equipment that are hours of operation are shown in the deemed desirable or necessary pro- station authorization, experimental vided: broadcast stations may be operated at (a) That the operating frequency is any time and are not required to ad- not permitted to deviate more than the here to a regular schedule of operation. allowed tolerance; (b) The FCC may limit or restrict the (b) That the emissions are not per- periods of station operation in the mitted outside the authorized band; event interference is caused to other (c) That the power output complies broadcast or nonbroadcast stations. with the license and the regulations (c) The FCC may require that an ex- governing the same; and (d) That the transmitter as a whole perimental broadcast station conduct or output power rating of the trans- such experiments as are deemed desir- mitter is not changed. able and reasonable for development of the type of service for which the sta- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; tion was authorized. 47 U.S.C. 158, 303) (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; [28 FR 13706, Dec. 14, 1963, as amended at 49 47 U.S.C. 158, 303) FR 32584, Aug. 15, 1984] [49 FR 32584, Aug. 15, 1984] TECHNICAL OPERATION AND OPERATORS § 74.165 Posting of station license. § 74.161 Frequency tolerances. The instrument of authorization or a The departure of the carrier fre- clearly legible photocopy thereof shall quency or frequencies of an experi- be available at the transmitter site. mental broadcast station must not exceed the tolerance specified in the in- [60 FR 55482, Nov. 1, 1995] strument of authorization. For modes § 74.181 Station records. of transmission that do not have a resting or center carrier frequency, the (a) The licensee of each experimental occupied bandwidth of the station broadcast station must maintain ade- transmissions may not exceed that quate records of the operation, includ- specified in the instrument of author- ing: ization. (1) Information concerning the nature of the experimental operation and (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; the periods in which it is being con- 47 U.S.C. 158, 303) ducted. [49 FR 32584, Aug. 15, 1984] (2) Information concerning any specific data requested by the FCC. § 74.162 Frequency monitors and (b) Station records must be retained measurements. for a period of two years. The licensee of an experimental broadcast station shall provide the nec- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; essary means for determining that the 47 U.S.C. 158, 303) frequency of the station is within the [49 FR 32584, Aug. 15, 1984] allowed tolerance. The date and time of each frequency check, the frequency § 74.182 Program service and charges. as measured, and a description or iden- (a) The licensee of an experimental tification of the method employed broadcast station may transmit pro- shall be entered in the station log. Suf- gram material only when necessary to ficient observations shall be made to the experiments being conducted, and insure that the assigned carrier fre- no regular program service may be

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broadcast unless specifically author- Subparts B–C [Reserved] ized. (b) The licensee of an experimental Subpart D—Remote Pickup broadcast station may make no Broadcast Stations charges nor ask for any payment, directly or indirectly, for the production § 74.401 Definitions. or transmission of any programming or Associated broadcasting station(s). The information used for experimental broadcasting station or stations with broadcast purposes. which a remote pickup broadcast sta- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; tion or system is licensed as an auxil- 47 U.S.C. 158, 303) iary and with which it is principally [49 FR 32584, Aug. 15, 1984] used. Authorized bandwidth. The occupied § 74.183 Station identification. or necessary bandwidth, whichever is greater, authorized to be used by a sta- Each experimental broadcast station tion. shall make aural or visual announce- Automatic relay station. A remote ments of its call letters and location at pickup broadcast base station which is the beginning and end of each period of actuated by automatic means and is operation, and at least once every hour used to relay transmissions between re- during operation. mote pickup broadcast base and mobile (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; stations, between remote pickup broad- 47 U.S.C. 158, 303) cast mobile stations and from remote pickup broadcast mobile stations to [49 FR 32584, Aug. 15, 1984] broadcasting stations. (Automatic op- § 74.184 Rebroadcasts. eration is not operation by remote control.) (a) The term rebroadcast means recep- Carrier power. The average power at tion by radio of the programs or other the output terminals of a transmitter transmissions of a broadcast station, (other than a transmitter having a sup- and the simultaneous or subsequent re- pressed, reduced or controlled carrier) transmission of such programs or during one radio frequency cycle under transmissions by a broadcast station. conditions of no modulation. (1) As used in this section, the word Mean power. The power at the output ‘‘program’’ includes any complete pro- terminals of a transmitter during nor- gram or part thereof. mal operation, averaged over a time (2) The transmission of a program sufficiently long compared with the pe- from its point of origin to a broadcast riod of the lowest frequency encoun- station entirely by common carrier fa- tered in the modulation. A time of 1/10 cilities, whether by wire line or radio, second during which the mean power is is not considered a rebroadcast. greatest will be selected normally. (3) The broadcasting of a program re- Necessary bandwidth. For a given layed by a remote broadcast pickup class of emission, the minimum value station is not considered a rebroadcast. of the occupied bandwidth sufficient to (b) No licensee of an experimental ensure the transmission of information broadcast station may retransmit the at the rate and with the quality re- program of another U.S. broadcast sta- quired for the system employed, under tion without the express authority of specified conditions. Emissions useful the originating station. A copy of the for the good functioning of the receiv- written consent of the licensee origi- ing equipment, as for example, the nating the program must be kept by emission corresponding to the carrier the licensee of the experimental broad- of reduced carrier systems, shall be in- cast station retransmitting such pro- cluded in the necessary bandwidth. gram and made available to the FCC Occupied bandwidth. The frequency upon request. bandwidth such that, below its lower and above its upper frequency limits, (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; the mean powers radiated are each 47 U.S.C. 158, 303) equal to 0.5 percent of the total mean [49 FR 32584, Aug. 15, 1984] power radiated by a given emission.

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Operational communications. Commu- 450.025–450.975 and 455.025–455.975 MHz nications concerning the technical and may also be assigned for use by cable programming operation of a broadcast network-entities. station and its auxiliaries. (1) Group A (kHz): 1606, 1 1622, 1646. Remote control operation. Operation of (2) Group D (MHz): 25.87, 2 26.15, 26.25, a base station by a properly designated 26.35. person on duty at a control position Group E (MHz): 25.91, 2 26.17, 26.27, from which the transmitter is not visi- 26.37. ble but that position is equipped with Group F (MHz): 25.95; 2 26.19; 26.29; suitable controls so that essential 26.39. functions can be performed therefrom. Group G (MHz): 25.99; 2 26.21; 26.31; Remote pickup broadcast base station. 26.41. A remote pickup broadcast station au- Group H (MHz): 26.03; 2 26.23; 26.33; thorized for operation at a specified lo- 26.43. cation. (3) Group I (MHz): 26.07; 2 26.11; 26.45. Remote pickup broadcast mobile station. Group J (MHz): 26.09; 2 26.13; 26.47. 8 A remote pickup broadcast station au- (4) Group K 1 (MHz): 152.87 3, 152.93 3, thorized for use while in motion or dur- 152.99 3, 153.05 3, 153.11 3, 153.17 3, 153.23 3, ing halts at unspecified locations. (As 153.29 3, 153.35 3. 8 used in this subpart, mobile stations Group K 2 (MHz): 161.64 5 ; 161.67 5; include hand-carried, pack-carried and 161.70 5 ; 161.73 5 ; 161.76 5. other portable transmitters.) (5) Group L (MHz): 166.25 4. Remote pickup broadcast stations. A Group M (MHz): 170.15 4. term used in this subpart to include (6) Group N1 (MHz): 450.050; 450.150; both remote pickup broadcast base sta- 450.250; 450.350; 450.450; 450.550; 455.050; tions and remote pickup broadcast mo- 455.150; 455.250; 455.350; 455.450; 455.550. bile stations. Group N2 (MHz): 450.0875; 450.1125; Remote pickup mobile repeater unit. A 450.1875; 450.2125; 450.2875; 450.3125; vehicular receiver-transmitter repeater 450.3875; 450.4125; 450.4875; 450.5125; used to provide extended communica- 450.5875; 450.6125; 455.0875; 455.1125; tions range for a low-power hand-carried or pack-carried transmitter. 1 Subject to the condition that no harmful Station. As used in this subpart, each interference is caused to the reception of remote pickup broadcast transmitter, standard broadcasting stations. 2 Subject to the condition that no harmful and its associated accessory equipment interference is caused to stations in the necessary to the radio communication broadcasting service. function, constitutes a separate sta- 3 Subject to the condition that no harmful tion. interference is caused to stations operating Studio. Any room or series of rooms in accordance with the Table of Frequency equipped for the regular production of Allocations set forth in Part 2 of the Com- broadcast programs of various kinds. A mission’s Rules and Regulations. Applica- tions for licenses to use frequencies in this broadcasting booth at a stadium, con- group must include statements showing vention hall, church, or other similar what procedures will be taken to insure that place is not considered to be a studio. interference will not be caused to stations in Systems. A complete remote pickup the Industrial/Business Pool. broadcast facility consisting of one or 4 Operation on the frequencies 166.25 MHz more mobile stations and/or one or and 170.15 MHz is not authorized (i) within more base stations authorized pursuant the area bounded on the west by the Mis- sissippi River, on the north by the parallel of to a single license. latitude 37°30′ N., and on the east and south [41 FR 29686, July 19, 1976, as amended at 42 by the arc of the circle with center at FR 14728, Mar. 16, 1977; 47 FR 28388, June 30, Springfield, Ill., and radius equal to the air- 1982; 47 FR 54448, Dec. 3, 1982; 51 FR 4601, Feb. line distance between Springfield, Ill., and 6, 1986] Montgomery, Alabama, subtended between the foregoing west and north boundaries; (ii) § 74.402 Frequency assignment. within 241.4 kilometers (150 miles) of New York City; and (iii) in Alaska or outside the (a) The following frequencies may be continental United States; and is subject to assigned for use by remote broadcast the condition that no harmful interference is pickup stations and broadcast net- caused to government radio stations in the work-entities. Frequencies between band 162–174 MHz.

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455.1875; 455.2125; 455.2875; 455.3125; sive frequency assignments. The same 455.3875; 455.4125; 455.4875; 455.5125; frequency or frequencies may be as- 455.5875; 455.6125. signed to other licensees in the same (7) Group P (MHz): 450.01 6, 450.02; 6 area. Applicants for licenses should se- 450.98; 6 450.99; 6 455.01; 6 455.02; 6 455.98; 6 lect the frequencies closest to the 455.99. 6. lower band edges within a group that (8) Group R (MHz): 450.650, 450.700, will meet operational requirements to 450.750, 450.800, 450.850, 455.650, 455.700, promote the orderly and efficient use 455.750, 455.800, 455.850. of the allocated frequencies. Group S (MHz): 450.925, 455.925. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (b) The following frequencies are allocated for assignment to remote pick- [41 FR 29686, July 19, 1976, as amended at 42 up broadcast stations in Puerto Rico FR 2070, Jan. 10, 1977; 42 FR 14728, Mar. 16, and the Virgin Islands only: 1977; 43 FR 14661, Apr. 7, 1978; 44 FR 65765, Nov. 15, 1979; 47 FR 24580, June 7, 1982; 50 FR 160.89 MHz, 160.95 MHz, 160.01 MHz, 9036. Mar. 6, 1985; 50 FR 23709, June 5, 1985; 51 161.07 MHz, 161.13 MHz, 161.19 MHz, FR 4601, Feb. 6, 1986; 62 FR 18844, Apr. 17, 161.25 MHz, 161.31 MHz, 161.37 MHz. 1997] NOTE: These frequencies are shared with EFFECTIVE DATE NOTE: At 49 FR 45158, Nov. the Industrial/Business Pool. 15, 1984, § 74.402 was revised in its entirety. (c) For licensing purposes, a single However, the effective date for this revision is still pending. For the convenience of the system will consist of transmitters au- user, the revised version of § 74.402 is set thorized to use the following combina- forth below: tions of frequency groups in a single area: § 74.402 Authorized frequencies. (1) Group A. Operation on all channels listed in this sec- (2) One group from Groups D, E, F, G, tion (except: 26.07, 26.11, 26.45, 450.01, 450.02, or H; and/or either I or J. 450.98, 450.99, 455.01, 455.02, 455.98, 455.99 MHz) shall be in accordance with the ‘‘priority of (3) Groups K1 and K2, and/or either L or M. use’’ provisions in § 74.403(b). The channel will be assigned by its center frequency, (4) Groups N1 and R. channel bandwidth, and emission designator. (5) Group N2. The frequencies listed in this section rep- (6) Group P. resent the center of the channel or channel (7) Group S. segment. (d) License applicants shall request (a) The following channels (except 1606, assignment of only those frequencies, 1622, and 1646 kHz) may be assigned for us by both in number and channel band- broadcast remote pickup stations using any width, necessary for satisfactory oper- emission (other than single sideband or ation. A licensee may operate a remote pulse) that will be in accordance with the provisions of § 74.462. The channels 1606, 1622, pickup broadcast system only if the and 1646 kHz are limited to A3E emission. system is equipped to operate on all as- (1) MF Channels: 1606, 1622, and 1646 kHz; signed frequencies. It is not necessary Maximum authorized channel bandwidth: 10 that each transmitter within a system kHz; The channel 1606 kHz is subject to the be equipped to operate on all author- condition listed in subparagraph (e)(1) of this ized system frequencies. Section. (e) Remote pickup broadcast stations (2) HF Channels: 25.87, 25.91, 25.95, 25.99, or systems will not be granted exclu- 26.03, 26.07, 26.09, 2.611, 26.13, 26.15, 26.17, 26.21, 26.23, 26.25, 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz; Max- 5 These frequencies may not be used by re- imum authorized channel bandwidth: 20 kHz, mote pickup stations in Puerto Rico or the except the channels 25.87–26.03 MHz are 40 Virgin Islands. In other areas, certain exist- kHz; The channels 25.87–26.09 MHz are subject ing stations in the Public Safety Pool and to the condition listed in subparagraph (e)(2) Industrial/Business Pool have been permitted of this Section. to continue operation on these frequencies (3) VHF Channels: 166.25 and 170.15 MHz; on condition that no harmful interference is Maximum authorized channel bandwidth: 25 caused to remote pickup broadcast stations. kHz; These channels are subject to the condi- 6 The use of these frequencies is limited to tion listed in subparagraph (e)(8) of this Sec- operational communications, including tion. tones for signalling and for remote control (4) UHF Channels: 450.01, 450.02, 450.98, and automatic transmission system control 450.99, 455.01, 455.02, 455.98, 455.99 MHz; Max- and telemetry. imum authorized channel bandwidth: 10 kHz;

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These channels are subject to the condition 450.2125, 450.2175, 450.2225, 450.2275, 450.2325, listed in subparagraph (e)(9) of this Section. 450.2375, 450.2425, 450.2475, 450.2525, 450.2575, (b) One or more of the following 5 kHz seg- 450.2625, 450.2675, 450.2725, 450.2775, 450.2825, ments my be stacked to form a channel 450.2875, 450.2925, 450.2975, 450.3025, 450.3075, which may be assigned for use by broadcast 450.3125, 450.3175, 450.3225, 450.3275, 450.3325, remote pickup stations using any emission 450.3375, 450.3425, 450.3475, 450.3525, 450.3575, contained within the resultant channel in 450.3625, 450.3675, 450.3725, 450.3775, 450.3825, accordance with the provisions of § 74.462. 450.3875, 450.3925, 450.3975, 450.4025, 450.4075, (1) VHF segments: 152.8575, 152.8625, 450.4125, 450.4175, 450.4225, 450.4275, 152.8675, 152.8725, 152.8775, 152.8825, 152.9175, 450.4325,450.4375, 450.4425, 450.4475, 450.4525, 152.9225, 152.9275, 152.9325, 152.9375, 152.9425, 450.4575, 450.4625, 450.4675, 450.4725, 450.4775, 152.9775, 152.9825, 152.9875, 152.9925, 152.9975, 450.4825, 450.4875, 450.4925, 450.4975, 450.5025, 153.0025, 153.0375, 153.0425, 153.0475, 153.0525, 450.5075, 450.5125, 450.5175, 450.5225, 450.5275, 153.0575, 153.0625, 153.0975, 153.1025, 153.1075, 450.5325, 450.5375, 450.5425, 450.5475, 450.5525, 153.1125, 153.1175, 153.1225, 153.1575, 153.1625, 450.5575, 450.5625, 450.5675, 450.5725, 450.5775, 153.1675, 153.1725, 153.1775, 153.1825, 153.2175, 450.5825, 450.5875, 450.5925, 450.5975, 450.6025, 153.2225, 153.2275, 153.2325, 153.2375, 153.2425, 450.6075, 450.6125, 450.6175, 450.6225, 455.0275, 153.2775, 153.2825, 153.2875, 153.2925, 153.2975, 455.0325, 455.0375, 455.0425, 455.0475, 455.0525, 153.3025, 153.3375, 153.3425, 153.3475, 153.3525, 455.0575, 455.0625, 455.0675, 455.0725, 455.0775, 153.3575, and 153.362 MHz; Maximum author- 455.0825, 455.0875, 455.0925, 455.0975, 455.1025, ized channel bandwidth: 30 kHz; These chan- 455.1075, 455.1125, 455.1175, 455.1225, 455.1275, nels are subject to the conditions listed in 455.1325, 455.1375, 455.1425, 455.1475, 455.1525, paragraphs (e) (3), (4), and (5) of this section. 455.1575, 455.1625, 455.1675, 455.1725, 455.1775, (2) VHF segments: 160.8625, 160.8675, 455.1825, 455.1875, 455.1925, 455.1975, 455.2025, 160.8725, 160.8775, 160.8825, 160.8875, 160.8925, 455.2075, 455.2125, 455.2175, 455.2225, 455.2275, 160.8975, 160.9025, 160.9075, 160.9125, 160.9175, 455.2325, 455.2375, 455.2425, 455.2475, 455.2525, 160.9225, 160.9275, 160.9325, 160.9375, 160.9425, 455.2575, 455.2625, 455.2675, 455.2725, 455.2775, 160.9475, 160.9525, 160.9575, 160.9625, 160.9675, 455.2825, 455.2875, 455.2925, 455.2975, 455.3025, 160.9725, 160.9775, 160.9825, 160.9875, 160.9925, 455.3075, 455.3125, 455.3175, 455.3225, 455.3275, 160.9975, 161.0025, 161.0075, 161.0125, 161.0175, 455.3325, 455.3375, 455.3425, 455.3475, 455.3525, 161.0225, 161.0275, 161.0325, 161.0375, 161.0425, 455.3575, 455.3625, 455.3675, 455.3725, 455.3775, 161.0475, 161.0525, 161.0575, 161.0625, 161.0675, 455.3825, 455.3875, 455.3925, 455.3975, 455.4025, 161.0725, 161.0775, 161.0825, 161.0875, 161.0925, 455.4075, 455.4125, 455.4175, 455.4225, 455.4275, 161.0975, 161.1025, 161.1075, 161.1125, 161.1175, 455.4325, 455.4375, 455.4425, 455.4475, 455.4525, 161.1225, 161.1275, 161.1325, 161.1375, 161.1425, 455.4575, 455.4625, 455.4675, 455.4725, 455.4775, 161.1475, 161.1525, 161.1575, 161.1625, 161.1675, 161.1725, 161.1775, 161.1825, 161.1875, 161.1925, 455.4825, 455.4875, 455.4925, 455.4975, 455.5025, 161.1975, 161.2025, 161.2075, 161.2125, 161.2175, 455.5075, 455.5125, 455.5175, 455.5225, 455.5275, 161.2225, 161.2275, 161.2325, 161.2375, 161.2425, 455.5325, 455.5375, 455.5425, 455.5475, 455.5525, 161.2475, 161.2525, 161.2575, 161.2625, 161.2675, 455.5575, 455.5625, 455.5675,455.5725, 455.5775, 161.2725, 161.2775, 161.2825, 161.2875, 161.2925, 455.5825, 455.5875, 455.5925, 455.5975, 455.6025, 161.2975, 161.3025, 161.3075, 161.3125, 161.3175, 455.6075, 455.6125, 455.6175, 455.6225 MHz. Max- 161.3225, 161.3275, 161.3325, 161.3375, 161.3425, imum authorized channel bandwidth: 50 kHz. 161.3475, 161.3525, 161.3575, 161.3625, 161.3675, (c) One or two of the following 25 kHz seg- 161.3725, 161.3775, 161.3825, 161.3875, 161.3925, ments may be stacked to form a channel and 161.3975 MHz; Maximum authorized chan- which may be assigned for use by broadcast nel bandwidth: 30 kHz; These channels are remote pickup stations using any emission subject to the condition listed in paragraph contained within the resultant channel in (e)(6) of this section. accordance with the provisions of § 74.462. (3) VHF segments: 161.6275, 161.6325, Users committed to 50 kHz bandwidths and 161.6375, 161.6425, 161.6475, 161.6525, 161.6575, transmitting program material will have pri- 161.6625, 161.6675, 161.6725, 161.6775, 161.6825, mary use of these channels. 161.6875, 161.6925, 161.6975, 161.7025, 161.7075, (1) UHF segments: 450.6375, 450.6625, 161.7125, 161.7175, 161.7225, 161.7275, 161.7325, 450.6875, 450.7125, 450.7375, 450.7625, 450.7875, 161.7375, 161.7425, 161.7475, 161.7525, 161.7575, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 161.7625, 161.7675, and 161.7725 MHz; Maximum 455.6875, 455.7125, 455.7375, 455.7625, 455.7875, authorized channel bandwidth: 30 kHz; These 455.8125, 455.8375, 455.8625 MHz. Maximum au- channels are subject to the conditions listed thorized channel bandwidth: 50 kHz. in paragraphs (e) (4) and (7) of this section. (d) One or two of the following 50 kHz seg- (4) UHF segments: 450.0275, 450.0325, ments may be stacked to form a channel 450.0375, 450.0425, 450.0475, 450.0525, 450.0575, which may be assigned for use by broadcast 450.0625, 450.0675, 450.0725, 450.0775, 450.0825, remote pickup stations using any emission 450.0875, 450.0925, 450.0975, 450.1025, 450.1075, contained within the resultant channel in 450.1125, 450.1175, 450.1225, 450.1275, 450.1325, accordance with the provisions of Section 450.1375, 450.1425, 450.1475, 450.1525, 450.1575, 74.462. Users committed to 100 kHz 450.1625, 450.1675, 450.1725, 450.1775, 450.1825, bandwidths and transmitting program mate- 450.1875, 450.1925, 450.1975, 450.2025, 450.2075, rial will have primary use of these channels.

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(1) UHF segments: 450.900, 450.950, 455.900, equipped to operate. However, it is not nec- and 455.950 MHz; Maximum authorized chan- essary that each transmitter within a sys- nel bandwidth: 100 kHz. tem be equipped to operate on all frequencies (e) Conditions on Broadcast Remote Pick- authorized to that licensee. up Service channel usage as referred to in (g) Remote pickup stations or systems will subparagraphs (a) through (d) above: not be granted exclusive channel assign- (1) Operation is subject to the condition ments. The same channel or channels may be that no harmful interference is caused to the assigned to other licensees in the same area. reception of AM broadcast stations. When such sharing is necessary, the provi- (2) Operation is subject to the condition sions of § 74.403 shall apply. that no harmful interference is caused to (h) Each authorization for a new broadcast stations in the broadcast service. remote pickup station or system shall re- (3) Operation is subject to the condition quire the use of type accepted equipment. that no harmful interference is caused to [49 FR 45158, Nov. 15, 1984, as amended at 51 stations operating in accordance with the FR 32089, Sept. 9, 1986] Table of Frequency Allocations set forth in Part 2 of the Commission’s Rules and Regu- lations. Applications for licenses to use fre- § 74.403 Frequency selection to avoid quencies in this band must include state- interference. ments showing what procedures will be (a) Where two or more remote pickup taken to ensure that interference will not be broadcast station licensees are author- caused to stations in the Industrial Radio ized to operate on the same frequency Services. or group of frequencies in the same (4) These frequencies will not be licensed area and when simultaneous operation to network entities. (5) These frequencies will not be authorized is contemplated, the licensees shall en- to new stations for use on board aircraft. deavor to select frequencies or sched- (6) These frequencies are allocated for as- ule operation in such manner as to signment to broadcast remote pickup sta- avoid mutual interference. If mutual tions in Puerto Rico or the Virgin Islands agreement to this effect cannot be only. reached the Commission shall be noti- NOTE: These frequencies are shared with fied and it will specify the frequency or Public Safety and Land Transportation frequencies on which each station is to Radio Services. be operated. (7) These frequencies may not be used by (b) The following order of priority of broadcast remote pickup stations in Puerto transmissions shall be observed on all Rico or the Virgin Islands. In other areas, frequencies except those listed in certain existing stations in the Public Safety § 74.402 (a)(3), (a)(7) and (a)(8): and Land Transportation Radio Services (1) Communications during an emer- have been permitted to continue operation gency or pending emergency directly on these frequencies on condition that no related to the safety of life and prop- harmful interference is caused to broadcast remote pickup stations. erty. (8) Operation on the frequencies 166.25 MHz (2) Program material to be broadcast. and 170.15 MHz is not authorized: (i) Within (3) Cues, orders, and other related the area bounded on the west by the Mis- communications immediately nec- sissippi River, on the north by the parallel of essary to the accomplishment of a latitude 37 degrees 30 minutes N., and radius broadcast. equal to the air-line distance between (4) Operational communications. Springfield, Ill., and Montgomery, Alabama, (5) Tests or drills to check the per- subtended between the foregoing west and formance of stand-by or emergency cir- north boundaries; (ii) Within 150 miles (241 KM) of New York City; and, (iii) In Alaska or cuits. outside the continental United States; and is subject to the condition that no harmful in- § 74.431 Special rules applicable to re- terference is caused radio stations in the mote pickup stations. band 162–174 MHz. (a) Remote pickup mobile stations (9) The use of these frequencies is limited may be used for the transmission of to operational communications, including material from the scene of events tones for signaling and for remote control which occur outside the studio back to and automatic transmission system control studio or production center. The trans- and telemetry. (f) License applicants shall request assign- mitted material shall be intended for ment of only those channels, both in number the licensee’s own use and may be and bandwidth, necessary for satisfactory made available for use by any other operation and for which the system is broadcast station or cable system.

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(b) Remote pickup mobile or base (3) Such operation shall be suspended stations may be used for communica- immediately upon notification from tions related to production and tech- the Commission or by the Engineer in nical support of the remote program. Charge (EIC) of the Commission’s local This includes cues, orders, dispatch in- field office, and shall not be resumed structions, frequency coordination, es- until specific authority is given by the tablishing microwave links, and oper- Commission or EIC. When authorized ational communications. Operational by the EIC, short test operations may communications are alerting tones and be made. special signals of short duration used (4) Operation under this provision is for telemetry or control. not permitted between 152.87 MHz and (c) Remote pickup mobile or base 153.35 MHz. stations may communicate with any (h) In the event that normal aural other station licensed under this sub- studio to transmitter circuits are dam- part. aged, stations licensed under Subpart (d) Remote pickup mobile stations D may be used to provide temporary may be operated as a vehicular re- circuits for a period not exceeding 30 peater to relay program material and days without further authority from communications between stations li- the Commission necessary to continue censed under this subpart. Precautions broadcasting. shall be taken to avoid interference to (i) Remote pickup mobile or base sta- other stations and the vehicular re- tions may be used for activities associ- peater shall only be activated by hand- ated with the Emergency Broadcast carried or pack-carried units. System and similar emergency sur- (e) The output of hand-carried or vival communications systems. Drills pack-carried transmitter units used and tests are also permitted on these with a vehicular repeater is limited to stations, but the priority requirements 2.5 watts. The output of a vehicular re- of § 74.403(b) must be observed in such peater transmitter used as a talkback cases. unit on an additional frequency is limited to 2.5 watts. [51 FR 4602, Feb. 6, 1986] (f) Remote pickup base and mobile stations in Alaska, Guam, Hawaii, § 74.432 Licensing requirements and procedures. Puerto Rico, and the Virgin Islands may be used for any purpose related to (a) A license for a remote pickup sta- the programming or technical oper- tion will be issued to: the licensee of an ation of a broadcasting station, except AM, FM, noncommercial FM, low for transmission intended for direct re- power FM, TV, Class A TV, inter- ception by the general public. national broadcast or low power TV (g) A broadcast licensee eligible for station; broadcast network-entity; or ‘‘short-term operation’’ under § 74.24, cable network-entity. may operate RPU base or mobile sta- (b) Base stations may operate as tions under the authorization of the automatic relay stations on the fre- Part 73 license for an indefinite period quencies listed in § 74.402(a) (6) and (8) upon filing an application for auxiliary under the provisions of § 74.436, how- operation with the Commission and ever, one licensee may not operate subject to the conditions of § 74.24 (a), such stations on more than two fre- (b), (e), (f), (h), (i), and to the condi- quencies in a single area. tions set forth below: (c) Base stations may use voice com- (1) The auxiliary station is located munications between the studio and within 50 miles (80 km) of the broad- transmitter or points of any intercity cast studio or broadcast transmitter. relay system on frequencies in Groups (2) The applicant must coordinate the I and J. operation with all affected co-channel (d) Base stations may be authorized and adjacent channel licensees in the to establish standby circuits from area of operation. This requirement places where official broadcasts may be can be satisfied by coordination with made during times of emergency and the local frequency committee if one circuits to interconnect an emergency exists. survival communications system.

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(e) In Alaska, Guam, Hawaii, Puerto stallation of any transmitting antenna Rico, and the Virgin Islands, base sta- which requires notification to the tions may provide program circuits be- FAA, pursuant to § 17.7 of the Commis- tween the studio and transmitter or to sion’s rules and regulations, and which relay programs between broadcasting will be in existence for more than 2 stations. A base station may be oper- days. ated unattended in accordance with the (i) The location of each remote pick- following: up broadcast base station will be speci- (1) The station must be designed, in- fied in the station or system license stalled, and protected so that the and such stations may not be operated transmitter can only be activated or at any other location without prior au- controlled by persons authorized by the thority of the Commission. licensee. (j) The license shall be retained in (2) The station must be equipped with the licensee’s files at the address circuits to prevent transmitter oper- shown on the authorization, posted at ation when no signal is received from the transmitter, or posted at the con- the station which it is relaying. trol point of the station. (f) Remote pickup stations may use (k) In the case of permanent dis- only those frequencies and bandwidths continuance of operation of a station which are necessary for operation. or system licensed under this subpart, (g) An application for a remote pick- the licensee shall forward the station up broadcast station or system shall or system license to the FCC at Fed- specify the broadcasting station or sta- eral Communications Commission, 1270 tions (where more than one broad- Fairfield Road, Gettysburg, Pennsyl- casting station is specified, all such vania 17325 for cancellation. For pur- broadcasting stations shall be licensed poses of this section, a station which is to the applicant and to the same com- not operated for a period of one year is munity) with which the remote pickup considered to have been permanently broadcast facility is to be principally discontinued. used and the licensed area of operation NOTE: Licensees of remote pickup broad- for a system which includes mobile sta- cast stations licensed prior to August 31, tions shall be the area considered to be 1976, should not file applications to consoli- served by the associated broadcasting date individually licensed transmitters station or stations. Mobile stations under a single system license until the renewal application of the associated broad- may be operated outside the licensed cast station is filed. Applications filed be- area of operation pursuant to tween August 31, 1976, and the date of filing § 74.431(d). Where the applicant for re- of the renewal applications to obtain author- mote pickup broadcast facilities is the ization to use additional transmitters or licensee of more than one class of modification of existing stations shall be rebroadcasting station (AM, FM, TV), all stricted to a single system application nec- licensed to the same community, des- essary to accomplish the desired change, but ignation of one or more such stations may include consolidation of previously-licensed transmitters within the system li- as the associated broadcasting station cense. Applications submitted for system li- or stations will not preclude use of the censing prior to the time when renewal ap- remote pickup broadcast facilities with plications would normally be filed which are those broadcasting stations not in- unnecessary for either administrative or cluded in the designation and such ad- operational purposes will be returned as un- ditional use shall be at the discretion acceptable for filing. of the licensee. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (h) In cases where a series of broad- [41 FR 29686, July 19, 1976, as amended at 42 casts are to be made from the same lo- FR 2071, Jan. 10, 1977; 47 FR 21496, May 18, cation, portable or mobile transmitters 1982; 49 FR 14509, Apr. 12, 1984; 51 FR 4602, may be left at such location for the du- Feb. 6, 1986; 58 FR 19775, Apr. 16, 1993; 60 FR ration of the series of broadcasts: 55482, Nov. 1, 1995; 65 FR 30011, May 10, 2000] Provided, The transmitting apparatus is properly secured so that it may not § 74.433 Temporary authorizations. be operated by unauthorized persons (a) Special temporary authority may when unattended. Prior Commission be granted for remote pickup station authority shall be obtained for the in- operation which cannot be conducted

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in accordance with § 74.24. Such author- quencies employed for the safety of life ity will normally be granted only for and property. operations of a temporary nature. (e) The user shall have full control Where operation is seen as likely on a over the transmitting equipment dur- continuing annual basis, an application ing the period it is operated. for a regular authorization should be (f) Special temporary authority to submitted. permit operation of remote pickup (b) A request for special temporary broadcast stations or systems pending authority for the operation of a remote Commission action on an application pickup broadcast station may be made for regular authority will not normally by informal application, which shall be be granted. filed with the Commission at least 10 [41 FR 29686, July 19, 1976, as amended at 47 days prior to the date of the proposed FR 9220, Mar. 4, 1982; 47 FR 55936, Dec. 14, operation: Provided, That, an applica- 1982; 50 FR 23709, June 5, 1985; 58 FR 19775, tion filed within less than 10 days of Apr. 16, 1993] the proposed operation may be accept- § 74.434 Remote control operation. ed upon a satisfactory showing of the reasons for the delay in submitting the (a) A remote control system must request. provide adequate monitoring and con- (c) An informal request for special trol functions to permit proper oper- temporary authority requiring pay- ation of the station. ment of a fee shall be addressed to the (b) A remote control system must be FCC at Federal Communications Com- designed, installed, and protected so mission, Broadcast Auxiliary Radio that the transmitter can only be acti- Services, P.O. Box 358700, Pittsburgh, vated or controlled by persons author- PA 15251–5700. An informal request for ized by the licensee. special temporary authority not re- (c) A remote control system must quiring payment of a fee shall be ad- prevent inadvertent transmitter oper- dressed to the FCC at Federal Commu- ation caused by malfunctions in the nications Commission, 1270 Fairfield circuits between the control point and Road, Gettysburg, Pennsylvania 17325. transmitter. All requests must include full particu- [51 FR 4602, Feb. 6, 1986, as amended at 60 FR lars including: Licensee’s name, call 55482, Nov. 1, 1995] letters of associated broadcast station or stations, name and address of indi- § 74.436 Special requirements for auto- vidual designated to receive return au- matic relay stations. thorization, call letters of remote pick- (a) An automatic relay station must up station, if assigned, type and manu- be designed, installed, and protected so facturer of equipment, power output, that the transmitter can only be acti- emission, frequency or frequencies pro- vated or controlled by persons author- posed to be used, commencement and ized by the licensee. termination date, location of operation (b) An automatic relay station may and purpose for which request is made accomplish retransmission of the in- including any particular justification. coming signals by either heterodyne (d) A request for special temporary frequency conversion or by modulating authority shall specify a frequency or the transmitter with the demodulated frequencies consistent with the provi- incoming signals. sions of § 74.402: Provided, That, in the (c) An automatic relay station trans- case of events of wide-spread interest mitter may relay the demodulated in- and importance which cannot be trans- coming signals from one or more re- mitted successfully on these fre- ceivers. quencies, frequencies assigned to other [51 FR 4602, Feb. 6, 1986, as amended at 60 FR services may be requested upon a show- 55483, Nov. 1, 1995] ing that operation thereon will not cause interference to established sta- § 74.451 Certification of equipment. tions: And provided further, In no case (a) Applications for new remote pick- will operation of a remote pickup up broadcast stations or systems or for broadcast station be authorized on fre- changing transmitting equipment of an

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existing station will not be accepted § 74.452 Equipment changes. unless the transmitters to be used have (a) Prior Commission approval is re- been certificated by the FCC pursuant quired for any change in the overall to the provisions of this subpart, or height of an antenna structure, except have been certificated for licensing where notice to the Federal Aviation under parts 21 or 90 of the FCC rules Administration is specifically not re- and do not exceed the output power quired under § 17.14(b) of the Commis- limits specified in § 74.461(b). sion’s rules and regulations. (b) Any manufacturer of a trans- (b) The licensee of a remote pickup mitter to be used in this service may broadcast station may, except as set apply for certification for such trans- forth in paragraph (d) of this section, mitter following the certification pro- make any other changes in the equip- cedure set forth in part 2 of the Com- ment that are deemed desirable or nec- mission’s rules and regulations. Atten- essary, including replacement with cer- tion is also directed to part 1 of the tificated equipment, without prior Commission’s rules and regulations Commission approval: Provided, The which specifies the fees required when proposed changes will not depart from filing an application for certification. any of the terms of the station or sys- (c) An applicant for a remote pickup tem authorization or the Commission’s broadcast station or system may also technical rules governing this service: apply for certification for an individual And provided further, That any changes transmitter by following the certifi- made to certificated transmitting cation procedure set forth in part 2 of equipment shall be in compliance with the Commission’s rules and regula- the provisions of Part 2 of the Commis- tions. sion’s rules and regulations concerning (d) All transmitters marketed for use modification to certificated equipment. under this subpart shall be certificated (c) The FCC at Federal Communica- by the Federal Communications Com- tions Commission, Broadcast Auxiliary mission. (Refer to subpart J of part 2 of Radio Services, 1270 Fairfield Road, the Commission’s Rules and Regula- Gettysburg, Pennsylvania 17325 shall tions.) be promptly notified of any equipment changes made pursuant to paragraph (e) Remote pickup broadcast station (b) of this section. equipment authorized to be used pursu- (d) All transmitters initially in- ant to an application accepted for fil- stalled after November 30, 1977, must be ing prior to December 1, 1977, may con- certificated for use in this service or tinue to be used by the licensee or its other services as specified in § 74.451(a). successors or assignees: Provided, however, If operation of such equipment (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) causes harmful interference due to its [41 FR 29686, July 19, 1976, as amended at 42 failure to comply with the technical FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, standards set forth in this subpart, the 1977; 43 FR 14662, Apr. 7, 1978; 47 FR 54448, Commission may, at its discretion, re- Dec. 3, 1982; 58 FR 19775, Apr. 16, 1993; 63 FR quire the licensee to take such correc- 36604, July 7, 1998] tive action as is necessary to eliminate § 74.461 Transmitter power. the interference. (f) Each instrument of authority (a) Transmitter power is the power at which permits operation of a remote the transmitter output terminals and pickup broadcast station or system delivered to the antenna, antenna using equipment which has not been transmission line, or any other imped- certificated will specify the particular ance-matched, radio frequency load. transmitting equipment which the li- For the purpose of this Subpart, the censee is authorized to use. transmitter power is the carrier power. (b) The authorized transmitter power (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) for a remote pickup broadcast station [41 FR 29686, July 19, 1976, as amended at 42 shall be limited to that necessary for FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, satisfactory service and, in any event, 1977; 43 FR 14661, Apr. 7, 1978; 45 FR 28142, shall not be greater than 100 watts, ex- Apr. 28, 1980; 63 FR 36604, July 7, 1998] cept that a station to be operated

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aboard an aircraft shall normally be tem issued pursuant to an application limited to a maximum authorized accepted after (one year following the power of 15 watts. Specific authoriza- effective date of these rules) shall re- tion to operate stations on board air- quire the use of certificated equipment craft with an output power exceeding and such equipment shall be operated 15 watts will be issued only upon an in accordance with emission specifica- adequate engineering showing of need, tions included in the certificated grant and of the procedures that will be and as prescribed in paragraphs (b), (c), taken to avoid harmful interference to and (d) of this section. other licensees. (b) The maximum authorized band- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) width of emissions corresponding to [41 FR 29686, July 19, 1976, as amended at 43 the types of emissions specified below, FR 14662, Apr. 7, 1978] and the maximum authorized frequency deviation in the case of fre- § 74.462 Authorized bandwidth and quency or phase modulated emission, emissions. shall be as follows: (a) Each authorization for a new remote pickup broadcast station or sys-

Authorized Maximum band- frequency Frequencies (megahertz) Type of emission 34 width 1 deviation 2 (kilohertz) (kilohertz)

25.87 to 26.03 ...... 40 10 A3, F3, F3Y, F9 26.07 to 26.47 ...... 20 5 A3, F3, F3Y, F9 152.87 to 153.35 5 ...... 30/60 5/10 A3, F3, F3Y, F9 160.89 to 161.37 ...... 60 10 A1, A2, A3, F1, F2, F3, F3Y, F9 161.64 to 161.76 ...... 30 5 A1, A2, A3, F1, F2, F3, F3Y, F9 166.25 to 170.15 ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450 to 455.99 (10 kHz channels) ...... 10 1.5 A1, A2, A3, F1, F2, F3, F9 450.0875 to 455.6125 (25 kHz channels) ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450.05 to 455.85 (50 kHz channels) ...... 50 10 A1, A2, A3, F1, F2, F3Y, F9 450.925 and 455.925 (100 kHz channels) ...... 100 35 A1, A2, A3, F1, F2, F3, F3Y, F9 1 Notwithstanding the authorized bandwidths shown in the table, not more than 20 kHz bandwidth will be authorized in the case of F3Y emission. 2 Applies where class F1, F2, F3, or F9 emission is used. 3 Stations operating above 450 MHz shall show a need for employing A1, A2, F1, or F2 emission. 4 The emission designators shown in the table no longer conform to those contained in subpart C of part 2 of the Commis- sion’s Rules and Regulations. They will be so-conformed after necessary modifications to broadcast auxiliary application processing programs are completed. For transmitting equipment which is certificated, emission designators will appear in the Com- mission’s database. Equipment approved for emissions contained in subpart C of part 2 may be used by part 74 stations if their emissions are equivalent to the previous emission designators shown in the table. 5 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in excess of 3 kHz and maximum deviation exceeding 5 kHz.

(c) The mean power of emissions width; at least 43 plus 10 log10 (mean shall be attenuated below the mean output power, in watts) dB. output power of the transmitter in ac- (d) In the event a station’s emissions cordance with the following schedule: outside its authorized channel cause (1) On any frequency removed from harmful interference, the Commission the assignment frequency by more may, at its discretion, require the li- than 50 percent up to and including 100 censee to take such further steps as percent of the authorized bandwidth: at may be necessary to eliminate the in- least 25 dB: terference. (2) On any frequency removed from (e) The maximum authorized band- the assigned frequency by more than width for stations operating on 1606, 100 percent up to and including 250 per- 1622, or 1646 kHz shall be 10 kHz and op- cent of the authorized bandwidth: at erations on these frequencies shall be least 35 dB; limited to A3 emission only. (3) On any frequency removed from (f) For those transmitters using the the assigned frequency by more than F3Y emission and operating in the fre- 250 percent on the authorized band- quency range between 25.87 MHz and 170.15 MHz, the power of any emission

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shall be attenuated below the parameters as the unmodulated transmitter unmodulated carrier power (P) in ac- carrier power. cordance with the following schedule: (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (1) On any frequency removed from [41 FR 29686, July 19, 1976, as amended at 41 the center of the authorized bandwidth FR 32429, Aug. 3, 1976; 41 FR 35068, Aug. 19, by a displacement frequency (Fd in 1976; 43 FR 14662, Apr. 7, 1978; 43 FR 38391, kHz) of more than 5 kHz, up to and in- Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979; 56 FR cluding 10 kHz: At least 83 Log10 (Fd/5) 28498, June 21, 1991; 63 FR 36604, July 7, 1998] decibels; (2) On any frequency removed from § 74.463 Modulation requirements. the center of the authorized bandwidth (a) Each new remote pickup broad- by a displacement frequency (Fd in cast station authorized to operate with kHz) of more than 10 kHz, up to and in- a power output in excess of 3 watts cluding 250 percent of the authorized shall be equipped with a device which bandwidth: At least 29 Log10 ((Fd)exp2/ will automatically prevent modulation 11) decibels or 50 decibels, whichever is in excess of the limits set forth in this the lesser attenuation. subpart. (3) On any frequency removed from (b) If amplitude modulation is em- the center of the authorized bandwidth ployed, modulation shall not exceed 100 by more than 250 percent of the author- percent on negative peaks. ized bandwidth: At least 43 plus 10 (c) If frequency modulation is em- Log10 (output power in watts) decibels ployed, emission shall conform to the or 80 decibels, whichever is the lesser requirements specified in § 74.462. attenuation. (g) For those transmitters using the [41 FR 29686, July 19, 1976, as amended at 47 FR 54448, Dec. 3, 1982] F3Y emission and operating in the frequency range between 450.01 MHz and § 74.464 Frequency tolerance. 455.925 MHz, the power of any emission shall be attenuated below the The licensee of a remote pickup unmodulated carrier power (P) in ac- broadcast station or system shall cordance with the following schedule: maintain the operating frequency of (1) On any frequency removed from each such station in accordance with the center of the authorized bandwidth the following: by a displacement frequency (Fd in Tolerance (percent) kHz) of more than 5 kHz, up to and in- Frequency range Base sta- Mobile sta- cluding 10 kHz: At least 83 Log10 (Fd/5) tion tion decibels; (2) On any frequency removed from 1.6 to 2 MHz: 200 W or less ...... 0.01 0.02 the center of the authorized bandwidth Over 200 W 1 ...... 005 .02 by a displacement frequency (Fd in 25 to 30 MHz: kHz) of more than 10 kHz, up to and in- 3 W or less ...... 002 .005 cluding 250 percent of the authorized Over 3 W ...... 002 .002 30 to 300 MHz: bandwidth: At least 116 Log10 (Fd/6.1) 3 W or less ...... 0005 .005 decibels or 70 decibels, whichever is the Over 3 W ...... 0005 .0005 lesser attenuation. 300 to 500 MHz, all powers ...... 00025 .0005 (3) On any frequency removed from 1 The listing of tolerances for power over 200 W is in ac- the center of the authorized bandwidth cordance with treaty values and shall not be construed as a by more than 250 percent of the author- finding that such power will be authorized. ized bandwidth: At least 43 + 10 Log 10 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (output power in watts) decibels or 80 1068, 1082 (47 U.S.C. 154, 155, 303)) decibels, whichever is the lesser attenuation. [41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 43 FR 38391, Aug. 28, NOTE: The measurements of emission 1978; 44 FR 65765, Nov. 15, 1979] power can be expressed in peak or mean values provided they are expressed in the same

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§ 74.465 Frequency monitors and (d) Automatically activated equip- measurements. ment may be used to transmit station The licensee of a remote pickup sta- identification in International Morse Code, provided that the modulation tion or system shall provide the nec- tone is 1200 Hz±800 Hz, the level of mod- essary means to assure that all oper- ulation of the identification signal is ating frequencies are maintained with- maintained at 40%±10%, and that the in the allowed tolerances. code transmission rate is maintained [51 FR 4603, Feb. 6, 1986] between 20 and 25 words per minute. (e) For stations using the F3Y emis- § 74.482 Station identification. sion, identification shall be trans- (a) Each remote pickup broadcast mitted in the unscrambled analog (F3) station shall be identified by the trans- mode or in International Morse Code mission of the assigned station or sys- pursuant to the provisions of (d) of this tem call sign, or by the call sign of the section at intervals not to exceed 15 associated broadcast station. For sys- minutes. For purposes of rule enforce- tems, the licensee (including a part 73- ment, all licensees using F3Y emissions only licensee where operation takes shall provide, upon request by the place pursuant to § 74.24) shall assign a Commission, a full and complete de- unit designator to each station in the scription of the encoding methodology system. The call sign (and unit desig- they currently use. nator, where appropriate) shall be NOTE: Stations are encouraged to identify transmitted at the beginning and end using their associated part 73 station call of each period of operation. A period of sign. operation may consist of a single con- [41 FR 29686, July 19, 1976, as amended at 47 tinuous transmission, or a series of FR 9220, Mar. 4, 1982; 52 FR 47569, Dec. 15, intermittent transmissions pertaining 1987; 56 FR 28499, June 21, 1991] to a single event. (b) In cases where a period of oper- Subpart E—Aural Broadcast ation is of more than one hour dura- Auxiliary Stations tion identification of remote pickup broadcast stations participating in the § 74.501 Classes of aural broadcast operation shall be made at approxi- auxiliary stations. mately one-hour intervals. Identifica- (a) Aural broadcast STL station. A tion transmissions during operation fixed station for the transmission of need not be made when to make such aural program material between the transmissions would interrupt a single studio and the transmitter of a broad- consecutive speech, play, religious casting station other than an inter- service, symphony, concert, or any national broadcasting station. type of production. In such cases, the (b) Aural broadcast intercity relay identification transmissions shall be (ICR) station. A fixed station for the made at the first interruption in the transmission of aural program mate- program continuity and at the conclu- rial between radio broadcast stations, sion thereof. Hourly identification may other than international broadcast sta- be accomplished either by transmission tions, between FM radio broadcast sta- of the station or system call sign and tions and their co-owned FM booster unit designator assigned to the indi- stations, between noncommercial edu- vidual station or identification of an cational FM radio stations and their associated broadcasting station or net- co-owned noncommercial educational work with which the remote pickup FM translator stations assigned to rebroadcast station is being used. served channels (Channels 201 to 220), (c) In cases where an automatic relay between FM radio stations and FM station is a part of the circuit, the call translator stations operating within sign of the relay transmitter may be the coverage contour of their primary transmitted automatically by the relay stations, or for such other purposes as transmitter or by the remote pickup authorized in § 74.531. broadcast base or mobile station that (c) Aural broadcast microwave booster actuates the automatic relay station. station. A fixed station in the broadcast

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auxiliary service that receives and am- 946.0125, 946.0375, 946.0625, 946.0875, 946.1125, plifies signals of an aural broadcast 946.1375, 946.1625, 946.1875, 946.2125, 946.2375, STL or intercity relay station and re- 946.2625, 946.2875, 946.3125, 946.3375, 946.3625, transmits them on the same frequency. 946.3875, 946.4125, 946.4375, 946.4625, 946.4875, 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, [28 FR 13716, Dec. 14, 1963, as amended at 49 946.6375, 946.6625, 946.6875, 946.7125, 946.7375, FR 7129, Feb. 27, 1984; 53 FR 4169, Feb. 12, 946.7625, 946.7875, 946.8125, 946.8375, 946.8625, 1988; 55 FR 50692, Dec. 10, 1990; 57 FR 41111, 946.8875, 946.9125, 946.9375, 946.9625, 946.9875, Sept. 9, 1992] 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, 947.1375, 947.1625, 947.1875, 947.2125, 947.2375, § 74.502 Frequency assignment. 947.2625, 947.2875, 947.3125, 947.3375, 947.3625, 947.3875, 947.4125, 947.4375, 947.4625, 947.4875, (a) Except as provided in US 302, 947.5125, 947.5375, 947.5625, 947.5875, 947.6125, broadcast auxiliary stations licensed as 947.6375, 947.6625, 947.6875, 947.7125, 947.7375, of November 21, 1984, to operate in the 947.7625, 947.7875, 947.8125, 947.8375, 947.8625, band 942–944 MHz1 may continue to op- 947.8875, 947.9125, 947.9375, 947.9625, 947.9875, erate on a co-equal primary basis to 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, other stations and services operating 948.1375, 948.1625, 948.1875, 948.2125, 948.2375, in the band in accordance with the 948.2625, 948.2875, 948.3125, 948.3375, 948.3625, Table of Frequency Allocations. These 948.3875, 948.4125, 948.4375, 948.4625, 948.4875, stations will be protected from possible 948.5125, 948.5375, 948.5625, 948.5875, 948.6125, 948.6375, 948.6625, 948.6875, 948.7125, 948.7375, interference caused by new users of the 948.7625, 948.7875, 948.8125, 948.8375, 948.8625, band by the technical standards speci- 948.8875, 948.9125, 948.9375, 948.9625, 948.9875, fied in § 101.105(c)(2). 949.0125, 949.0375, 949.0625, 949.0875, 949.1125, (b) The frequency band 944–952 MHz is 949.1375, 949.1625, 949.1875, 949.2125, 949.2375, available for assignment to aural STL 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, and ICR stations. AM and FM broad- 949.3875, 949.4125, 949.4375, 949.4625, 949.4875, cast stations shall have primary use of 949.5125, 949.5375, 949.5625, 949.5875, 949.6125, the band; however, TV broadcast sta- 949.6375, 949.6625, 949.6875, 949.7125, 949.7375, tions may be licensed on a secondary, 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, 949.8875, 949.9125, 949.9375, 949.9625, 949.9875, noninterference basis. One or more of 950.0125, 950.0375, 950.0625, 950.0875, 950.1125, the following 25 kHz segments may be 950.1375, 950.1625, 950.1875, 950.2125, 950.2375, stacked to form a channel which may 950.2625, 950.2875, 950.3125, 950.3375, 950.3625, be assigned with a maximum author- 950.3875, 950.4125, 950.4375, 950.4625, 950.4875, ized bandwidth of 300 kHz except as 950.5125, 950.5375, 950.5625, 950.5875, 950.6125, noted below. The channel, will be as- 950.6375, 950.6625, 950.6875, 950.7125, 950.7375, signed by its center frequency, channel 950.7625, 950.7875, 950.8125, 950.8375, 950.8625, bandwidth, and emission designator. 950.8875, 950.9125, 950.9375, 950.9625, 950.9875, The following frequencies are the cen- 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 951.1375, 951.1625, 951.1875, 951.2125, 951.2375, ters of each segment: 951.2625, 951.2875, 951.3125, 951.3375, 951.3625, 944.0125, 944.0375, 944.0625, 944.0875, 944.1125, 951.3875, 951.4125, 951.4375, 951.4625, 951.4875, 944.1375, 944.1625, 944.1875, 944.2125, 944.2375, 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, 944.2625, 944.2875, 944.3125, 944.3375, 944.3625, 951.6375, 951.6625, 951.6875, 951.7125, 951.7375, 944.3875, 944.4125, 944.4375, 944.4625, 944.4875, 951.7625, 951.7875, 951.8125, 951.8375, 951.8625, 944.5125, 944.5375, 944.5625, 944.5875, 944.6125, 951.8875, 951.9125, 951.9375, 951.9625, 951.9875. 944.6375, 944.6625, 944.6875, 944.7125, 944.7375, (1) A single broadcast station may be 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, 944.8875, 944.9125, 944.9375, 944.9625, 944.9875, authorized up to a maximum of twenty 945.0125, 945.0375, 945.0625, 945.0875, 945.1125, segments (500 kHz total bandwidth) for 945.1375, 945.1625, 945.1875, 945.2125, 945.2375, transmission of program material be- 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, tween a single origin and one or more 945.3875, 945.4125, 945.4375, 945.4625, 945.4875, designations. The station may lease ex- 945.5125, 945.5375, 945.5625, 945.5875, 945.6125, cess capacity for broadcast and other 945.6375, 945.6625, 945.6875, 945.7125, 945.7375, uses on a secondary basis, subject to 945.7625, 945.7875, 945.8125, 945.8375, 945.8625, 945.8875, 945.9125, 945.9375, 945.9625, 945.9875, availability of spectrum for broadcast use. However, an FM station licensed for twelve or fewer segments (300 kHz 1 NOTE: In addition to this band, stations in total bandwidth) or an AM station li- Puerto Rico may continue to be authorized on 942.5, 943.0, 943.5, 944.0 MHz in the band censed for eight or fewer segments (200 942–944 MHz on a primary basis to stations kHz total bandwidth) may lease excess and services operating in accordance with capacity for broadcast and other uses the Table of Frequency Allocations. on a primary basis.

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(2) An applicant (new or modification (e) The use of the frequencies listed of existing license) may assume the in paragraph (b) of this section by cost of replacement of one or more ex- aural broadcast intercity relay sta- isting licensees equipment with tions is subject to the condition that narrowband equipment of comparable no harmful interference is caused to capabilities and quality in order to other classes of stations operating in make available spectrum for its facili- accordance with the Table of Fre- ties. Existing licensees must accept quency Allocations contained in § 2.106 such replacement without cost to them of this chapter. except upon a showing that the replacement equipment does not meet [28 FR 13716, Dec. 14, 1963, as amended at 48 FR 50332, Nov. 1, 1983; 49 FR 37777, Sept. 26, the capability or quality requirements. 1984; 50 FR 4658, Feb. 1, 1985; 50 FR 7341, Feb. (c) Aural broadcast STL and inter- 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, city relay stations that were licensed Nov. 26, 1985; 54 FR 10329, Mar. 13, 1989; 54 FR or had applications pending before the 24905, June 12, 1989; 54 FR 30043, July 18, 1989; Commission as of September 18, 1998 65 FR 38325, June 20, 2000; 65 FR 54172, Sept. may continue those operations in the 7, 2000] band 18,760–18,820 and 19,100–19,160 MHz on a shared co-primary basis with § 74.503 Frequency selection. other services under parts 21, 25, and (a) Each application for a new station 101 of this chapter until June 8, 2010. or change in an existing station shall Prior to June 8, 2010, such stations are be specific with regard to frequency. In subject to relocation by licensees in general, the lowest suitable frequency the fixed-satellite service. Such reloca- will be assigned which, on an engineer- tion is subject to the provisions of ing basis, will not cause harmful inter- §§ 101.85 through 101.97 of this chapter. ference to other stations operating in After June 8, 2010, such operations are accordance with existing frequency al- not entitled to protection from fixed- locations. satellite service operations and must (b) Where it appears that interference not cause unacceptable interference to may result from the operation of a new fixed-satellite service station oper- station or a change in the facilities of ations. No new licenses will be granted an existing station, the Commission in these bands. may require a showing that harmful in- (1)(i) 5 MHz maximum authorized terference will not be caused to exist- bandwidth channels: ing stations or that if interference will be caused the need for the proposed Receive Transmit (receive) (MHz) (transmit) service outweighs the loss of service (MHz) due to the interference.

340 MHz Separation [28 FR 13716, Dec. 14, 1963]

18762.5 ...... 19102.5 § 74.531 Permissible service. 18767.5 ...... 19107.5 18772.5 ...... 19112.5 (a) An aural broadcast STL station is 18777.5 ...... 19117.5 authorized to transmit aural program 18782.5 ...... 19122.5 18787.5 ...... 19127.5 material between the studio and trans- 18792.5 ...... 19132.5 mitter location of a broadcasting sta- 18797.5 ...... 19137.5 tion, except an international broad- 18802.5 ...... 19142.5 casting station, for simultaneous or de- 18807.5 ...... 19147.5 18812.5 ...... 19152.5 layed broadcast. 18817.5 ...... 19157.5 (b) An aural broadcast intercity relay station is authorized to transmit aural (ii) Licensees may use either a two- program material between broad- way link or one frequency of a fre- casting stations, except international quency pair for a one-way link and broadcasting stations, for simulta- shall coordinate proposed operations neous or delayed broadcast. pursuant to the procedures required in (c) An aural broadcast intercity relay § 101.103(d) of this chapter. station is authorized to transmit aural (2) [Reserved] program material between noncommer- (d) [Reserved] cial educational FM radio stations and

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their co-owned noncommercial edu- tended for use by broadcast stations cational FM translator stations as- owned or under common control of the signed to reserved channels (Channels licensee or licensees of the STL or 201 to 220) and between FM radio sta- intercity relay station. Other broad- tions and FM translator stations oper- cast stations may simultaneously uti- ating within the coverage contour of lize such program material with per- their primary stations. This use shall mission of the STL or intercity relay not interfere with or otherwise pre- station licensee. clude use of these broadcast auxiliary (h) In any case where multiplexing, is facilities by broadcast auxiliary sta- employed on an aural broadcast STL tions transmitting aural programming station for the simultaneous trans- between broadcast stations as provided mission of more than one aural chan- in paragraph (b) of this section. nel, the STL transmitter must be capa- (d) An aural broadcast STL or inter- ble of transmitting the multiple chan- city relay may be used to transmit ma- nels within the channel on which the terial between an FM broadcast radio STL station is authorized to operate station and an FM booster station and with adequate technical quality so owned, operated, and controlled by the that each broadcast station utilizing licensee of the originating FM radio the circuit can meet the technical per- station. This use shall not interfere formance standards stipulated in the with or otherwise preclude use of these rules governing that class of broad- broadcast auxiliary facilities by broadcasting station. If multiplex operation cast auxiliary stations transmitting is employed during the regular oper- aural programming between the studio ation of the STL station, the addi- and transmitter location of a broadcast tional circuits shall be in operation at station or between broadcast stations the time that the required periodic per- as provided in paragraphs (a) and (b) of formance measurements are made of this section. the overall broadcasting system from (e) An aural broadcast microwave the studio microphone input circuit to booster station is authorized to re- the broadcast transmitter output cir- transmit the signals of an aural broad- cuit. cast STL or intercity relay station. [28 FR 13716, Dec. 14, 1963, as amended at 45 (f) Multiplexing of the STL or inter- FR 51564, Aug. 4, 1980; 52 FR 31403, Aug. 20, city relay transmitter may be em- 1987; 55 FR 50693, Dec. 10, 1990; 57 FR 41111, ployed to provide additional commu- Sept. 9, 1992] nication channels for the transmission of aural program material, news-wire § 74.532 Licensing requirements. teleprinter signals relaying news to be (a) An aural broadcast STL or an associated with main channel program- aural broadcast intercity relay station ming, operational communications, will be licensed only to the licensee or and material authorized to be trans- licensees of broadcast stations, includ- mitted over an FM station under a ing low power FM stations, other than valid Subsidiary Communications Au- international broadcast stations, and thorization (SCA). An aural broadcast for use with broadcast stations owned STL or intercity relay station may not entirely by or under common control of be operated solely for the transmission the licensee or licensees. An aural of operational, teleprinter or sub- broadcast intercity relay station also sidiary communications. Operational will be licensed for use by low power communications include cues, orders, FM stations, noncommercial edu- and other communications directly re- cational FM translator stations as- lated to the operation of the broadcast signed to reserved channels (Channels station as well as special signals used 201–220) and owned and operated by for telemetry or the control of appa- their primary station, by FM trans- ratus used in conjunction with the lator stations operating within the broadcasting operations. coverage contour of their primary sta- (g) All program material, including tions, and by FM booster stations. subsidiary communications, trans- Aural auxiliary stations licensed to mitted over an aural broadcast STL or low power FM stations will be assigned intercity relay station shall be in- on a secondary basis; i.e., subject to the

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condition that no harmful interference § 74.533 Remote control and unat- is caused to other aural auxiliary sta- tended operation. tions assigned to radio broadcast sta- (a) Aural broadcast STL and inter- tions. Auxiliary stations licensed to city relay stations may be operated by low power FM stations must accept remote control provided that such op- any interference caused by stations eration is conducted in accordance having primary use of aural auxiliary with the conditions listed below: frequencies. (1) The remote control system must (b) More than one aural broadcast provide adequate monitoring and con- STL or intercity relay station may be trol functions to permit proper oper- licensed to a single licensee upon a sat- ation of the station. isfactory showing that the additional (2) The remote control system must stations are needed to provide different be designed, installed, and protected so program circuits to more than one that the transmitter can only be acti- broadcast station, to provide program vated or controlled by persons author- circuits from other studios, or to pro- ized by the licensee. vide one or more intermediate relay (3) The remote control system must stations over a path which cannot be prevent inadvertent transmitter oper- covered with a single station due to ation due to malfunctions in circuits terrain or distance. between the control point and trans- (c) If more than one broadcast sta- mitter. tion or class of broadcast station is to (b) Aural broadcast auxiliary sta- be served by a single aural broadcast tions may be operated unattended sub- auxiliary station, this information ject to the following provisions: must be stated in the application for (1) The transmitter shall be provided construction permit or license. with adequate safeguards to prevent (d) Licensees of aural broadcast STL improper operation of the equipment. and intercity relay stations may be au- (2) The transmitter installation shall thorized to operate one or more aural be adequately protected against tam- broadcast microwave booster stations pering by unauthorized persons. for the purpose of relaying signals over (3) Whenever an unattended aural a path that cannot be covered with a broadcast auxiliary station is used, ap- single station. propriate observations must be made NOTE: Applications for aural broadcast at the receiving end of the circuit as microwave booster stations will not be ac- often as necessary to ensure proper sta- cepted for filing prior to January 1, 1985. tion operation. However, an aural (e) Each aural broadcast auxiliary broadcast STL (and any aural broad- station will be licensed at a specified cast microwave booster station) associ- transmitter location to communicate ated with a radio or TV broadcast sta- with a specified receiving location, and tion operated by remote control may the direction of the main radiation be observed by monitoring the broad- lobe of the transmitting antenna will cast station’s transmitted signal at the be a term of the station authorization. remote control or ATS monitoring (f) In case of permanent discontinu- point. ance of operation of a station licensed (c) The FCC may notify the licensee under this subpart, the licensee shall to cease or modify operation in the forward the station license to the Fed- case of frequency usage disputes, inter- eral Communications Commission, ference or similar situations where Broadcast Auxiliary Radio Services, such action appears to be in the public 1270 Fairfield Road, Gettysburg, Penn- interest, convenience and necessity. sylvania 17325 for cancellation. (Sec. 318, 48 Stat. 1089, as amended by sec. 1, 74 Stat. 363; 47 U.S.C. 318) [28 FR 13716, Dec. 14, 1963, as amended at 49 FR 7129, Feb. 27, 1984; 49 FR 10930, Mar. 23, [28 FR 13716, Dec. 14, 1963, as amended at 47 1984; 52 FR 31403, Aug. 20, 1987; 55 FR 50693, FR 55936, Dec. 14, 1982; 49 FR 7130, Feb. 27, Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR 1984; 50 FR 32417, Aug. 12, 1985; 50 FR 48599, 19775, Apr. 16, 1993; 65 FR 7649, Feb. 15, 2000] Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995]

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§ 74.534 Power limitations. Maximum allowable (a) for operation in the 944–952 MHz Frequency band (GHz) EIRP band: (dBW) Aural broadcast STL and intercity 17.7 to 18.6 ...... +55.0 relay stations will be licensed with a 18.6 to 18.8 ...... +35.0 power output not in excess of that nec- 18.8 to 19.7 ...... +35.0 essary to render satisfactory service. 31.0 to 31.3 ...... No limit The license for these stations will specify the maximum authorized [50 FR 4658, Feb. 10, 1985, as amended at 50 power. The operating power shall not FR 7341, Feb. 22, 1985] be greater than necessary to carry on the service and in no event more than § 74.535 Emission and bandwidth. 5 percent above the maximum power (a) For frequency modulation, the specified. Engineering standards have mean power of emissions shall be at- not been established for these stations. tenuated below the mean transmitter The efficiency factor for the last radio power (P) in accordance with the fol- stage of transmitters employed will be lowing schedule: subject to individual determination but (1) On any frequency removed from shall be in general agreement with val- the assigned frequency by more than ues normally employed for similar 50% and up to 100% of the authorized equipment operated within the fre- bandwidth: at least 25 dB. quency range authorized. (2) On any frequency removed from (b) For stations operating in bands the assigned frequency by more than above 17.7 GHz, the transmitter output 100% and up to 150% of the authorized power shall be limited to that nec- bandwidth: at least 35 dB. essary to accomplish the function of (3) On any frequency removed from the system. Further, the output power the assigned frequency by more than of a transmitter on any authorized fre- 150% of the authorized bandwidth: at quency shall not exceed the following: least 43 + 10 Log(P) dB. (1) (b) For all emissions except frequency modulation, the peak power of Maximum transmitter emissions shall be attenuated below Frequency band (GHz) output the peak envelope transmitter power power (watts)1 (P) in accordance with the following schedule: 17.7 to 19.7 ...... 10.0 (1) On any frequency 500 Hz inside the 31.0 to 31.3 ...... 0.05 channel edge up to and including 2500 1 Peak envelope power. Hz outside the same edge, the following (2) formula will apply:

 25  W 2  Attenuation = 29 Log D +−25.  dB  11  2  

or 50 dB whichever is the lesser attenu- further steps as may be necessary to ation. Where: D is the displacement eliminate the interference. frequency (kHz) from the center of the (d) For operation in the 18 GHz band: authorized bandwidth; and W is the Aural broadcast STL, intercity relay channel bandwidth (kHz). stations and booster stations may be (2) On any frequency removed from authorized to employ either digital or the channel edge by more than 2500 Hz: frequency modulation. At least 43+10 Log (P) dB. (e) For operation in the 18 GHz band: (c) In the event a station’s emissions The mean power of emission shall be outside its authorized channel cause attenuated below the mean output harmful interference, the Commission power of the transmitter in accordance may require the licensee to take such with the following schedule:

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(1) When using frequency modulation: quirements applicable to the signal of (i) On any frequency removed from the originating station. the assigned frequency by more than 50 (2) The licensee is responsible for cor- percent up to and including 100 percent recting any condition of interference of the authorized bandwidth: At least that results from the radiation of radio 25 decibels; frequency energy outside the assigned (ii) On any frequency removed from channel. Upon notice by the FCC to the the assigned frequency by more than station licensee that interference is 100 percent up to and including 250 per- being caused, operation of the appa- cent of the authorized bandwidth: At ratus must be immediately suspended least 35 decibels; and may not be resumed until the in- (iii) On any frequency removed from terference has been eliminated or it the assigned frequency by more than can be demonstrated that the inter- 250 percent of the authorized band- ference is not due to spurious emis- width: At least 43+10 log 10 (mean out- sions. However, short term test trans- put power in watts) decibels, or 80 deci- missions may be made during the pe- bels, whichever is the lesser attenu- riod of suspended operation to deter- ation. mine the efficacy of remedial meas- (2) When using digital modulation: ures. (i) In any 1 MHz band, the center fre- (3) In each instance where suspension quency of which is removed from the of operation is required, the licensee assigned frequency by more than 50 must submit a full report to the FCC percent up to and including 250 percent after operation is resumed. The report of the authorized bandwidth: As speci- must contain details of the nature of fied by the following equation but in no the interference, the source of inter- event less than 11 decibels. fering signals, and the remedial steps A = 11 + 0.4 (P ¥ 50) + 10 log10 B taken to eliminate the interference. Where: [28 FR 13716, Dec. 14, 1963, as amended at 48 A = Attenuation (in decibels) below the mean FR 50332, Nov. 1, 1983; 49 FR 7130, Feb. 27, output power level. 1984; 49 FR 37777, Sept. 26, 1984; 50 FR 48599, P = Percent removed from the carrier fre- Nov. 26, 1985] quency. B = Authorized bandwidth in MHz. § 74.536 Directional antenna required. [Attenuation greater than 56 decibels (a) Aural broadcast STL and ICR sta- is not required.] tions are required to use a directional (ii) In any 4 kHz band, the center fre- antenna with the minimum beamwidth quency of which is removed from the necessary, consistent with good engi- assigned frequency by more than 250 neering practice, to establish the link. percent of the authorized bandwidth: (b) An aural broadcast STL or inter- At least 43 + 10 log10 (mean output city relay station operating in the 17.7– power in watts) decibels, or 80 decibels, 19.7 GHz band shall employ an antenna whichever is the lesser attenuation. that meets the performance standards (f) For operation in the 18 GHz band: for Category A, except that in areas When an emission outside of the au- not subject to frequency congestion, thorized bandwidth causes harmful in- antennas meeting standards for Cat- terference, the Commission may, at its egory B may be employed. However, discretion require greater attenuation the Commission may require the re- than specified above. placement, at the licensee’s expense, of (g) The following limitations apply any antenna or periscope antenna sys- to the operation of aural broadcast tem of a permanent fixed station that microwave booster stations: does not meet performance Standard A, (1) The booster station must receive which is specified in the table in para- and amplify the signals of the origi- graph (c) of this section, upon a show- nating station and retransmit them on ing that said antenna causes or is like- the same frequency without signifi- ly to cause interference to (or receive cantly altering them in any way. The interference from) any other author- characteristics of the booster trans- ized or proposed station; provided that mitter output signal shall meet the re- an antenna meeting performance

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Standard A is unlikely to involve such (1) With either the maximum beam- interference. width to 3 dB points requirement or (c) Licensees shall comply with the with the minimum antenna gain re- antenna standards table shown in this quirement; and paragraph in the following manner: (2) With the minimum radiation suppression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 dB Minimum Frequency (GHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (included ° to to to to to to angle in 10 15° 20° 30° 100° 140° 180° degrees)

17.7 to 19.7 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31.0 to 31.3 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi. [48 FR 50333, Nov. 1, 1983, as amended at 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 1985; 51 FR 19840, June 3, 1986; 62 FR 4922, Feb. 3, 1997]

§ 74.537 Temporary authorizations. iliary Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325. (a) Special temporary authority may All requests must include full particu- be granted for aural broadcast STL or lars including: licensee’s name, call intercity relay station operation which letters of the associated broadcast sta- cannot be conducted in accordance tion(s), name and address of individual with § 74.24. Such authority will nor- designated to receive the return au- mally be granted only for operations of thorization, call letters of the aural a temporary nature. Where operation is broadcast STL or intercity relay sta- seen as likely on a continuing annual tion, if assigned, type and manufac- basis, an application for a regular au- turer of equipment, power output, thorization should be submitted. emission, frequency or frequencies pro- (b) A request for special temporary posed for use, commencement and ter- authorization for the operation of an mination date and location of the pro- aural broadcast STL or intercity relay posed operation, and purpose for which station may be made by informal appli- request is made including any par- cation which shall be filed with the ticular justification. FCC at least 10 days prior to the date (d) A request for special temporary of the proposed operation. However, an authorization shall specify a frequency application filed within less than 10 or frequencies consistent with the pro- days of the proposed operation may be visions of § 74.502. However, in the case accepted upon a satisfactory showing of events of widespread interest and of the reasons for the delay in submit- importance which cannot be trans- ting the request. mitted successfully on these fre- (c) An informal request for special quencies, frequencies assigned to other temporary authority requiring pay- services may be requested upon a show- ment of a fee shall be addressed to the ing that operation thereon will not FCC at Federal Communications Com- cause interference to established sta- mission, Broadcast Auxiliary Radio tions. In no case will operation of an Services, P.O. Box 358700, Pittsburgh, aural broadcast STL or intercity relay PA 15251–5700. An informal request for station be authorized on frequencies special temporary authority not re- employed for the safety of life or prop- quiring payment of a fee shall be ad- erty. dressed to the FCC at Federal Commu- (e) When the transmitting equipment nications Commission, Broadcast Aux- utilized is not licensed to the user, the

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user shall nevertheless have full con- (1) A change in the ERP. trol over the use of the equipment dur- (2) A change in the operating fre- ing the period it is operated. quency or channel bandwidth. (f) Special temporary authorization (3) A change in the location of the to permit operation of aural broadcast transmitter or transmitting antenna STL or intercity relay stations or sys- except when relocation of the trans- tems pending FCC action on an appli- mitter is within the same building. cation for regular authority will nor- (4) Any change in the overall height mally not be granted. of the antenna structure, except where [47 FR 9220, Mar. 4, 1982, as amended at 50 FR notice to the Federal Aviation Admin- 23709, June 5, 1985; 58 FR 19775, Apr. 16, 1993] istration is specifically not required under § 17.14(b) of this chapter. § 74.550 Equipment authorization. (5) Any change in the direction of the Each authorization for aural broad- main radiation lobe of the transmit- cast STL, ICR, and booster stations ting antenna. shall require the use of equipment (b) Other equipment changes not spe- which has been certificated or verified. cifically referred to in this section may Equipment which has not been ap- be made at the discretion of the li- proved under the equipment authoriza- censee, provided that the FCC at Fed- tion program and which was in service eral Communications Commission, prior to July 1, 1993, may be retained Broadcast Auxiliary Radio Services, solely for temporary uses necessary to 1270 Fairfield Road, Gettysburg, Penn- restore or maintain regular service sylvania 17325 is promptly notified in provided by approved equipment, be- writing upon the completion of such cause the main or primary unit has changes, and that the changes are de- failed or requires servicing. Such tem- scribed in the notification. porary uses may not interfere with or (c) Any application proposing a impede the establishment of other change in the height of the antenna aural broadcast auxiliary links and structure or its location must also in- may not occur during more than 720 clude the Antenna Structure Registra- cumulative hours per year. Should in- tion Number (FCC Form 854R) of the terference occur, the licensee must antenna structure upon which it will take all steps necessary to eliminate locate its proposed antenna. In the it, up to and including cessation of op- event the antenna structure does not eration of the auxiliary transmitter. have a Registration Number, either the All unapproved equipment retained for antenna structure owner shall file FCC temporary use must have been in the Form 854 (‘‘Application for Antenna possession of the licensee prior to July Structure Registration’’) in accordance 1, 1993, and may not be obtained from with part 17 of this chapter or the ap- other sources. Equipment designed ex- plicant shall provide a detailed expla- clusively for fixed operation shall be nation why registration and clearance authorized under the verification pro- are not necessary. cedure. The equipment authorization procedures are contained in subpart J (d) Permissible changes in equipment of part 2 of the rules. operating in the bands 18.76–18.82 GHz and 19.1–19.16 GHz. Notwithstanding NOTE TO § 74.550: Consistent with the note to § 74.502(a), grandfathered equipment in the other provisions of this section, licens- 942–944 MHz band and STL/ICR users of these ees of stations that remain co-primary frequencies in Puerto Rico are also required under the provisions of § 74.502(c) may to come into compliance by July 1, 1993. The not make modifications to their sys- backup provisions described above apply to tems that increase interference to sat- these stations also. ellite earth stations, or result in a fa- [63 FR 36604, July 7, 1998] cility that would be more costly to relocate. § 74.551 Equipment changes. [28 FR 13716, Dec. 14, 1963, as amended at 38 (a) Prior Commission approval, upon FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, appropriate application (FCC Form 313) 1982; 49 FR 7130, Feb. 27, 1984; 50 FR 48599, therefor, is required for any of the fol- Nov. 26, 1985; 58 FR 19775, Apr. 16, 1993; 61 FR lowing changes: 4368, Feb. 6, 1996; 65 FR 54172, Sept. 7, 2000]

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§ 74.561 Frequency tolerance. (1) Transmission of its own call sign In the bands above 944 MHz, the oper- by aural means or by automatic trans- ating frequency of the transmitter mission of international Morse teleg- shall be maintained in accordance with raphy. the following table: (2) Aural transmission of the call sign of the radio broadcast station with Tolerance as which it is licensed as an STL or inter- percentage of Frequency band (MHz) assigned fre- city relay station. quency (3) Aural transmission of the call sign of the radio broadcast station 944 to 952 ...... 0.005 17,700 to 19,700 ...... 0.003 whose signals are being relayed, or, 31,000 to 31,300 ...... 0.03 when programs are obtained directly from network lines and relayed, the [54 FR 30043, July 18, 1989] network identification. (b) Station identification trans- § 74.562 Frequency monitors and missions during operation need not be measurements. made when to make such transmission The licensee shall ensure that the would interrupt a single consecutive STL, ICR, TVP, or booster transmitter speech, play, religious service, sym- does not exceed the emission limita- phony concert, or other such produc- tions of § 74.535. This may be accom- tions. In such cases, the identification plished by appropriate frequency meas- transmission shall be made at the first urement techniques and consideration interruption of the entertainment con- of the transmitter emissions. tinuity and at the conclusion thereof. (c) Where more than one aural broad- [50 FR 48599, Nov. 26, 1985] cast STL or intercity relay station is § 74.564 Posting of station license. employed in an integrated relay system, the station at the point of origi- (a) The station license and any other nation may originate the transmission instrument of authorization or indi- of the call signs of all of the stations in vidual order concerning the construc- the relay system. tion of the equipment or manner of op- (d) Aural broadcast microwave boost- eration of the station shall be posted in er stations will be assigned individual the room in which the transmitter is call signs. However, station identifica- located, provided that if the station is tion will be accomplished by the re- operated by remote control pursuant to transmission of identification as pro- § 74.533, the station license shall be vided in paragraph (a) of this section. posted at the operating position. (e) Voice transmissions shall nor- (b) Posting of the station license and mally be employed for station identi- any other instruments of authorization fication. However, other methods of shall be done by affixing the licenses to station identification may be per- the wall at the posting location, or by mitted or required by the Commission. enclosing them in a binder or folder which is retained at the posting loca- [28 FR 13716, Dec. 14, 1963, as amended at 42 tion so that the documents will be FR 36830, July 18, 1977; 42 FR 38178, July 27, readily available and easily accessible. 1977; 45 FR 26067, Apr. 17, 1980; 49 FR 7130, Feb. 27, 1984] [48 FR 24385, June 1, 1983, as amended at 60 FR 55483, Nov. 1, 1995] Subpart F—Television Broadcast § 74.582 Station identification. Auxiliary Stations (a) Each aural broadcast STL or § 74.600 Eligibility for license. intercity relay station, when transmitting program material or information A license for a station in this subpart shall transmit station identification at will be issued only to a television the beginning and end of each period of broadcast station, a Class A TV sta- operation, and hourly, as close to the tion, a television broadcast network- hour as feasible, at a natural break in entity, a low power TV station, or a TV program offerings by one of the fol- translator station. lowing means: [ 65 FR 30011, May 10, 2000]

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§ 74.601 Classes of TV broadcast auxil- A TV and low power TV stations, un- iary stations. less specifically otherwise indicated. (a) TV pickup stations. A land mobile (f) TV microwave booster station. A station used for the transmission of TV fixed station in the TV broadcast auxil- program material and related commu- iary service that receives and amplifies nications from scenes of events occur- signals of a TV pickup, TV STL, TV ring at points removed from TV station relay, or TV translator relay station studios to a TV broadcast, Class A TV and retransmits them on the same fre- or low power TV station or other pur- quency. poses as authorized in § 74.631. (b) TV STL station (studio-transmitter [65 FR 30012, May 10, 2000] link). A fixed station used for the transmission of TV program material and § 74.602 Frequency assignment. related communications from the stu- (a) The following frequencies are dio to the transmitter of a TV broad- available for assignment to television cast, Class A TV or low power TV sta- pickup, television STL, television tion or other purposes as authorized in relay and television translator relay § 74.631. stations. The band segments 17,700– (c) TV relay station. A fixed station 18,580 and 19,260–19,700 MHz are avail- used for transmission of TV program able for broadcast auxiliary stations as material and related communications described in paragraph (g) of this sec- for use by TV broadcast, Class A TV tion. Additionally, the band 38.6–40.0 and low power TV stations or other purposes as authorized in § 74.631. GHz is available for assignment with- (d) TV translator relay station. A fixed out channel bandwidth limitation to station used for relaying programs and TV pickup stations on a secondary signals of TV broadcast or Class A TV basis to fixed stations. The band seg- stations to Class A TV, LPTV, TV ment 6425–6525 MHz is available for translator, and to other communica- broadcast auxiliary stations as de- tions facilities that the Commission scribed in paragraph (j) of this section. may authorize or for other purposes as Broadcast network-entities may also permitted by § 74.631. use the 1990–2110, 6425–6525 and 6875–7125 (e) TV broadcast licensee. Licensees MHz bands for mobile television pick- and permittees of TV broadcast, Class up only.

Band D 1 GHz

Band A MHz Band B MHz Group A channels Group B channels Channel bound- Channel bound- Designation aries Designation aries

1990–2008 ...... A01 ...... 12.700–12.725 B01 ...... 12.7125– 12.7375 2008–2025 ...... A02 ...... 12.725–12.750 B02 ...... 12.7375– 12.7625 2025–2042 ...... A03 ...... 12.750–12.775 B03 ...... 12.7265– 12.7875 2042–2059 ...... A04 ...... 12.775–12.800 B04 ...... 12.7875– 12.8125 2059–2076 ...... 6875–6900 ...... A05 ...... 12.800–12.825 B05 ...... 12.8125– 12.8375 2076–2093 ...... 6900–6925 ...... A06 ...... 12.825–12.850 B06 ...... 12.8375– 12.8625 2093–2110 ...... 6925–6950 ...... A07 ...... 12.850–12.875 B07 ...... 12.8625– 12.8875 2450–2467 ...... 6950–6975 ...... A08 ...... 12.875–12.900 B08 ...... 12.8875– 12.9125 2467–2483.5 ...... 6975–7000 ...... A09 ...... 12.900–12.925 B09 ...... 12.9125– 12.9375 7000–7025 ...... A10 ...... 12.925–12.950 B10 ...... 12.9375– 12.9625 7025–7050 ...... A11 ...... 12.950–12.975 B11 ...... 12.9625– 12.9875 7050–7075 ...... A12 ...... 12.975–13.000 B12 ...... 12.9875– 12.0125

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Band D 1 GHz

Band A MHz Band B MHz Group A channels Group B channels Channel bound- Channel bound- Designation aries Designation aries

7075–7100 ...... A13 ...... 13.000–13.025 B13 ...... 13.0125– 13.0375 7100–7125 ...... A14 ...... 13.025–13.050 B14 ...... 13.0375– 13.0625 A15 ...... 13.050–13.075 B15 ...... 13.0625– 13.0875 A16 ...... 13.075–13.100 B16 ...... 13.0875– 13.1125 A17 ...... 13.100–13.125 B17 ...... 13.1125– 13.1375 A18 ...... 13.125–13.150 B18 2 ...... 13.1375– 13.1625 A19 2 ...... 13.150–13.175 B19 2 ...... 13.1625– 13.1875 A20 2 ...... 13.175–13.200 B20 2 ...... 13.1875– 13.2125 A21 ...... 13.200–13.225 B21 ...... 13.2125– 13.2375 A22 ...... 13.225–13.250 1 For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc. 2 The band 13.15–13.20 GHz is reserved exclusively for the assignment of Television Pickup and CARS Pickup stations on a co-equal basis within a 50 km radius of each of the 100 television markets delineated in Section 76.51. Fixed television auxiliary stations licensed pursuant to applications accepted for filing before Sept. 1, 1979, may continue operation on channels in the 13.15–13.20 GHz band, subject to periodic license renewals.

(1) Frequencies shown above between cific locations for earth-to-space trans- 2450 and 2500 MHz in Band A are allo- missions. Such authorizations shall be sec- cated to accommodate the incidental ondary to non-Government use of this band radiations of industrial, scientific, and and subject to such other conditions as may be applied on a case-by-case basis. medical (ISM) equipment, and stations operating therein must accept any in- Corpus Christi, Tex., 27°39′ N., 097°23′ W. terference that may be caused by the Fairbanks, Alaska, 64°59′ N, 147°53′ W. operation of such equipment. Fre- Goldstone, Calif., 35°18′ N. 116°54′ W. ° ′ ° ′ quencies between 2450 and 2500 MHz are Greenbelt, Md., 39 00 N, 076 50 W. Guam, Mariana Islands, 13°19′ N, 144°44′ E. also shared with other communication Kanai, Hawaii, 22°08′ N, 159°40′ W. services and exclusive channel assign- Meritt Island, Fla., 28°29′ N, 080°35′ W. ments will not be made, nor is the Rosman, N.C., 35°12′ N, 082°52′ W. channeling shown above necessarily Wallops Island, Va., 37°57′ N, 075°28′ W. that which will be employed by such other services. US219 In the band 2025–2110 MHz, Govern- ment Earth resources satellite Earth sta- (2) The following notes to the Table tions in the Earth exploration-satellite serv- of Frequency Allocations contained in ice may be authorized to use the frequency § 2.106 apply to the shared use of the 2106.4 MHz for Earth-to-space transmissions frequency bands shown above: for tracking, telemetry, and telecommand at the sites listed below. Such transmissions NG 123 Television pickup stations may be shall not cause harmful interference to non- authorized to use frequencies in the band Government operations. 38.6–40 GHz on a secondary basis to stations US222 In the band 2025–2035 MHz geo- operating in the fixed services. stationary operational environmental sat- US90 In the band 2025–2120 MHz earth-to- ellite Earth stations in the space research space transmissions in the space research and Earth exploration-satellite services may and earth exploration satellite services by be authorized on a coequal basis for Earth- Government and non-Government stations to-space transmission for tracking, telem- as specific locations may be authorized sub- etry, and telecommand at the sites listed ject to such conditions as may be applied on below: a case-by-case basis. US111 In the band 1990–2120 MHz, Govern- Wallops Is., Va. 37°50′ 48″ N., 75°27′ 33″ W. ment space research earth station may be Seattle, Wash. 47°34′ 15″ N., 122°33′ 10″ W. authorized to use specific frequencies at spe- Honolulu, Hawaii 21°21′ 12″ N., 157°52′ 36″ W.

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NG147 Stations in the broadcast auxiliary with § 74.690. Licensees declining relo- service and private radio services licensed as cation and licensees in Nielsen Des- of July 25, 1985, or on a subsequent date fol- ignated Market Areas 31 and higher lowing as a result of submitting an applica- will be required to discontinue use of tion for license on or before July 25, 1985, may continue to operate on a primary basis the 2008–2025 MHz band when informed to the radiodetermination satellite service. by a Mobile-Satellite Service licensee that it intends to begin operations in (3)(i) After January 1, 2000, stations the 2008–2025 MHz band. may adhere to the channel plan speci- (b) Subject to the conditions of para- fied in paragraph (a) of this section, or graph (a) of this section, frequency as- to the following channel plan in Band signments will normally be made as re- A: quested, provided that the frequency Channel A01—2008–2023 MHz selection provisions of § 74.604 have Channel A02—2023–2037.5 MHz been followed and that the frequency Channel A03—2037.5–2052 MHz requested will cause no interference to Channel A04—2052–2066.5 MHz existing users in the area. The Com- Channel A05—2066.5–2081 MHz mission reserves the right to assign Channel A06—2081–2095.5 MHz frequencies other than those requested Channel A07—2095.5–2110 MHz if, in its opinion, such action is war- (ii) Broadcast Auxiliary Service, ranted. Cable Television Remote Pickup Serv- (c) Fixed link stations will be author- ice, and Local Television Transmission ized to operate on one channel only. Service licensees in Nielsen Designated (d) Community antenna relay sta- Market Areas 1–30 will be required to tions may be assigned channels in Band use the Band A channel plan in para- D between 12,700 and 13,200 MHz subject graph (a)(3)(i) of this section after com- to the condition that no harmful inter- pletion of relocation by an Emerging ference is caused to TV STL and TV Technologies licensee in accordance relay stations authorized at the time of with § 74.690. Licensees declining relo- such grants. Similarly, new TV STL cation and licensees in Nielsen Des- and TV relay stations must not cause ignated Market Areas 31 and higher harmful interference to community an- will be required to discontinue use of tenna relay stations authorized at the the 1990–2008 MHz band when informed time of such grants. The use of chan- by a Mobile-Satellite Service licensee nels between 12,700 and 13,200 MHz by that it intends to begin operations in TV pickup stations is subject to the the 1990–2008 MHz band. condition that no harmful interference (4)(i) When Mobile-Satellite Service is caused to community antenna relay, licensees begin operations in the 2008– TV STL and TV relay stations, except 2025 MHz band, stations may adhere to as provided for in § 74.602(a) Note 2. the channel plan specified, but are for- Band D channels are also shared with bidden to use Channel A01, or may ad- certain Private Operational Fixed Sta- here to the following channel plan in tions, see § 74.638. Band A: (e) Communication common carriers Channel A01—2025–2037.4 MHz in the Local Television Transmission Channel A02—2037.4–2049.5 MHz Service (Part 101) may be assigned fre- Channel A03—2049.5–2061.6 MHz quencies available to television broad- Channel A04—2061.6–2073.7 MHz cast station licensees and broadcast Channel A05—2073.7–2085.8 MHz network entities for the purpose of pro- Channel A06—2085.8–2097.9 MHz viding service to television broadcast Channel A07—2097.9–2110 MHz stations and broadcast network enti- (ii) Broadcast Auxiliary Service, ties, respectively. Cable Television Remote Pickup Serv- (f) TV auxiliary stations licensed to ice, and Local Television Transmission low power TV stations and translator Service licensees in Nielsen Designated relay stations will be assigned on a sec- Market Areas 1–30 will be required to ondary basis, i.e., subject to the condi- use the Band A channel plan in para- tion that no harmful interference is graph (a)(4)(i) of this section after com- caused to other TV auxiliary stations pletion of relocation by an Emerging assigned to TV broadcast and Class A Technologies licensee in accordance TV stations, or to community antenna

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relay stations (CARS) operating be- Receive tween 12,700 and 13,200 MHz. Auxiliary Transmit (receive) (MHz) (transmit) (MHz) stations licensed to low power TV stations and translator relay stations 18235.0 ...... 18451.0 must accept any interference caused by 18241.0 ...... 18457.0 18247.0 ...... 18463.0 stations having primary use of TV aux- 18253.0 ...... 18469.0 iliary frequencies. 18259.0 ...... 18475.0 (g) The following frequencies are 18265.0 ...... 18481.0 18271.0 ...... 18487.0 available for assignment to television 18277.0 ...... 18493.0 STL, television relay stations and tele- 18283.0 ...... 18499.0 vision translator relay stations. Sta- 18289.0 ...... 18505.0 18295.0 ...... 18511.0 tions operating on frequencies in the 18301.0 ...... 18517.0 sub-band 19.26–19.3 GHz that were li- 18307.0 ...... 18523.0 censed or had applications pending be- 18313.0 ...... 18529.0 fore the Commission as of September 18319.0 ...... 18535.0 18325.0 ...... 18541.0 18, 1998 may continue those operations 18331.0 ...... 18547.0 on a shared co-primary basis with 18337.0 ...... 18553.0 other services under parts 21, 25, 78, and 18343.0 ...... 18559.0 18349.0 ...... 18565.0 101 of this chapter. Such stations, how- 18355.0 ...... 18571.0 ever, are subject to relocation by li- 18361.0 ...... 18577.0 censees in the fixed-satellite service. Such relocation is subject to the provi- (3) 10 MHz maximum authorized sions of §§ 101.85 through 101.97 of this bandwidth channels: chapter. No new licenses will be grant- Receive ed in the 19.26–19.3 GHz band after June Transmit (receive) (MHz) (transmit) 8, 2000. The provisions of § 74.604 do not (MHz) apply to the use of these frequencies. 1560 MHz Separation Licensees may use either a two-way link or one or both frequencies of a fre- 17705.0 ...... 19265.0 quency pair for a one-way link and 17715.0 ...... 19275.0 shall coordinate proposed operations 17725.0 ...... 19285.0 17735.0 ...... 19295.0 pursuant to procedures required in 17745.0 ...... 19305.0 § 101.103(d) of this chapter. 17755.0 ...... 19315.0 (1) 2 MHz maximum authorized band- 17765.0 ...... 19325.0 17775.0 ...... 19335.0 width channel: 17785.0 ...... 19345.0 17795.0 ...... 19355.0 Receive 17805.0 ...... 19365.0 Transmit (receive) (MHz) (transmit) 17815.0 ...... 19375.0 (MHz) 17825.0 ...... 19385.0 18141.0 ...... n/a 17835.0 ...... 19395.0 17845.0 ...... 19405.0 17855.0 ...... 19415.0 (2) 6 MHz maximum authorized band- 17865.0 ...... 19425.0 width channels: 17875.0 ...... 19435.0 17885.0 ...... 19445.0 Receive 17895.0 ...... 19455.0 Transmit (receive) (MHz) (transmit) 17905.0 ...... 19465.0 (MHz) 17915.0 ...... 19475.0 17925.0 ...... 19485.0 216 MHz Separation 17935.0 ...... 19495.0 17945.0 ...... 19505.0 18145.0 ...... n/a 17955.0 ...... 19515.0 18151.0 ...... 18367.0 17965.0 ...... 19525.0 18157.0 ...... 18373.0 17975.0 ...... 19535.0 18163.0 ...... 18379.0 17985.0 ...... 19545.0 18169.0 ...... 18385.0 17995.0 ...... 19555.0 18175.0 ...... 18391.0 18005.0 ...... 19565.0 18181.0 ...... 18397.0 18015.0 ...... 19575.0 18187.0 ...... 18403.0 18025.0 ...... 19585.0 18193.0 ...... 18409.0 18035.0 ...... 19595.0 18199.0 ...... 18415.0 18045.0 ...... 19605.0 18205.0 ...... 18421.0 18055.0 ...... 19615.0 18211.0 ...... 18427.0 18065.0 ...... 19625.0 18217.0 ...... 18433.0 18075.0 ...... 19635.0 18223.0 ...... 18439.0 18085.0 ...... 19645.0 18229.0 ...... 18445.0 18095.0 ...... 19655.0

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Receive Receive Transmit (receive) (MHz) (transmit) Transmit (receive) (MHz) (transmit) (MHz) (MHz)

18105.0 ...... 19665.0 17980.0 ...... 19540.0 18115.0 ...... 19675.0 18060.0 ...... 19620.0 18125.0 ...... 19685.0 18135.0 ...... 19695.0 (h) TV STL and TV relay stations may be authorized, on a secondary (4) 20 MHz maximum authorized basis and subject to the provisions of bandwidth channels: Subpart G of this chapter, to operate Receive fixed point-to-point service on the Transmit (receive) (MHz) (transmit) UHF–TV channels 14–69. These stations (MHz) must not interfere with and must ac- 1560 MHz Separation cept interference from current and future full-power UHF–TV stations, Class 17710.0 ...... 19270.0 A TV stations, LPTV stations, and TV 17730.0 ...... 19290.0 translator stations. They will also be 17750.0 ...... 19310.0 17770.0 ...... 19330.0 secondary to current land mobile sta- 17790.0 ...... 19350.0 tions (in areas where land mobile shar- 17810.0 ...... 19370.0 ing is currently permitted and contin- 17830.0 ...... 19390.0 17850.0 ...... 19410.0 gent on the decision reached in the 17870.0 ...... 19430.0 pending Dockets No. 85–172 and No. 84– 17890.0 ...... 19450.0 902). 17910.0 ...... 19470.0 (i) 6425 to 6525 MHz—Mobile Only. 17930.0 ...... 19490.0 17950.0 ...... 19510.0 Paired and un-paired operations per- 17970.0 ...... 19530.0 mitted. Use of this spectrum for direct 17990.0 ...... 19550.0 delivery of video programs to the gen- 18010.0 ...... 19570.0 18030.0 ...... 19590.0 eral public or multi-channel cable dis- 18050.0 ...... 19610.0 tribution is not permitted. This band is 18070.0 ...... 19630.0 co-equally shared with mobile stations 18090.0 ...... 19650.0 18110.0 ...... 19670.0 licensed pursuant to Parts 21, 78 and 94 18130.0 ...... 19690.0 of the Commission’s Rules. The following channel plans apply. (5) 40 MHz maximum authorized (1) 1 MHz maximum authorized band- bandwidth channels: width channels.

Receive Transmit (or receive MHz) Receive (or transmit) (MHz) Transmit (receive) (MHz) (transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 1560 MHz Separation (2) 8 MHz maximum authorized band- 17720.0 ...... 19280.0 17760.0 ...... 19320.0 width channels. 17800.0 ...... 19360.0 17840.0 ...... 19400.0 Transmit (or receive MHz) Receive (or transmit) (MHz) 17880.0 ...... 19440.0 17920.0 ...... 19480.0 6430.0 6480.0 6438.0 6488.0 17960.0 ...... 19520.0 6446.0 6596.0 18000.0 ...... 19560.0 6455.0 6505.0 18040.0 ...... 19600.0 6463.0 6513.0 18080.0 ...... 19640.0 6471.0 6521.0 18120.0 ...... 19680.0

(6) 80 MHz maximum authorized (3) 25 MHz maximum authorized bandwidth channels: bandwidth channels. Transmit (or receive MHz) Receive (or transmit (MHz) Receive Transmit (receive) (MHz) (transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 1560 MHz Separation (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 17740.0 ...... 19300.0 1068, 1082; 47 U.S.C. 154, 155, 303) 17820.0 ...... 19380.0 17900.0 ...... 19460.0 [28 FR 13718, Dec. 14, 1963]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- broadcast licensee and the primary tations affecting § 74.602, see the List of CFR purpose of the station is to relay aural Sections Affected, which appears in the broadcast programming. Finding Aids section of the printed volume and on GPO Access. (c) Aural STL or intercity relay stations licensed as of July 10, 1970, to op- § 74.603 Sound channels. erate in the frequency band 942–947 (a) The frequencies listed in § 74.602(a) MHz, may continue to so operate pend- may be used for the simultaneous ing a decision as to their disposition transmission of the picture and sound through a future rule making pro- portions of TV broadcast programs and ceeding. for cue and order circuits, either by (d) Remote pickup broadcast stations means of multiplexing or by the use of may be used in conjunction with tele- a separate transmitter within the same vision pickup stations for the trans- channel. When multiplexing of a TV mission of the aural portion of tele- STL station is contemplated, consider- vision programs or events that occur ation should be given to the require- outside a television studio and for the ments of § 73.687 of this Chapter regard- transmission of cues, orders, and other ing the overall system performance re- related communications necessary quirements. Applications for new TV thereto. The rules governing remote pickup, TV STL, TV relay and TV pickup broadcast stations are con- translator relay stations shall clearly tained in Subpart D of this part. indicate the nature of any mutliplexing proposed. Multiplexing equipment may [28 FR 13718, Dec. 14, 1963, as amended at 47 be installed on licensed equipment FR 55936, Dec. 14, 1982; 48 FR 24385, June 1, without authority of the FCC, provided 1983] the installation of such apparatus on a TV STL station shall not result in deg- § 74.604 Interference avoidance. radation of the overall system perform- (a) Because the Commission does not ance of the TV broadcast station below undertake frequency coordination, ap- that permitted by § 73.687 of this chap- plicants for new TV broadcast auxil- ter. iary authorizations are responsible for (b) The aural portion of television selecting the frequency assignments broadcast program material may be that are least likely to result in mu- transmitted over an aural broadcast tual interference with other licensees STL or intercity relay station licensed in the same area. Applicants may con- under the provisions of Subpart E of sult local coordination committees, this part, but only on a secondary, non- where they exist, for information on interference basis to the programming frequencies available in the area. In se- of aural broadcast stations. A TV sta- lecting frequencies, consideration tion licensee may continue such oper- should be given to the relative loca- ation until the channel assigned to its tions of receiving points, normal trans- Subpart E station is requested by an mission paths, and the nature of the aural broadcast licensee after a show- contemplated operation. ing that no other vacant channels are available or satisfactory. Upon Com- (b) Where two or more licensees are mission concurrence with the aural assigned a common channel for TV broadcast licensee request, the TV sta- pickup, TV STL, or TV relay purposes tion licensee will be required to dis- in the same area and simultaneous op- continue operation on the requested eration is contemplated, they shall frequency. In areas where only a por- take such steps as may be necessary to tion of the Subpart E frequencies used avoid mutual interference, including by TV station licensees are required by consultation with the local coordina- aural broadcast licensees, the Commis- tion committee, if one exists. If a mu- sion will assist all affected parties in tual agreement to this effect cannot be arriving at an equitable solution. The reached, the Commission must be noti- provisions of this paragraph do not pre- fied and it will take such action as may clude continued use of Subpart E facili- be necessary, including time sharing ties for relay of TV sound where the fa- arrangements, to assure an equitable cilities are authorized to an aural distribution of available frequencies.

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(c) For those interference disputes be in existence for a period of more brought to the Commission for resolu- than 2 consecutive days. tion, TV broadcast auxiliary channels will have the following priority for pur- NOTE: As used in this subpart, ‘‘associated television broadcast station’’ means a tele- poses of interference protection: vision broadcast station licensed to the li- (1) All fixed links for full service censee of the television auxiliary broadcast broadcast stations and cable systems. station and with which the television auxil- (2) TV and CARS pickup stations. iary station is licensed as an auxiliary facil- (3) Fixed or mobile stations serving ity. translator or low power TV stations. (b) A television broadcast STL sta- (4) Backup facilities; TV pickup station is authorized to transmit visual tions used outside a licensee’s local program material between the studio service area. and the transmitter of a television (5) Any transmission, pursuant to broadcast station for simultaneous or § 74.631(f), that does not involve the de- delayed broadcast. livery of program material to a licens- (c) A TV relay station is authorized ee’s associated TV broadcast station. to transmit visual program material (d) Interference between two stations between TV broadcast stations for si- having the same priority shall be re- multaneous or delayed broadcast, or solved in favor of the station licensed may be used to transmit visual pro- first on a particular path. gram material from a remote pickup [48 FR 17091, Apr. 21, 1983] receiver site of a single station. (d) The transmitter of an STL, TV § 74.631 Permissible service. relay station or TV translator relay (a) The licensee of a television pick- station may be multiplexed to provide up station authorizes the transmission additional communication channels. A of program material, orders concerning TV broadcast STL or TV relay station such program material, and related will be authorized only in those cases communications necessary to the ac- where the principal use is the trans- complishment of such transmissions, mission of television broadcast pro- from the scenes of events occurring in gram material for use by its associated places other than a television studio, TV broadcast station. However, STL or to its associated television broadcast TV relay stations so licensed may be station, to such other stations as are operated at any time for the trans- broadcasting the same program mate- mission of multiplexed communica- rial, or to the network or networks tions whether or not visual program with which the television broadcast material is being transmitted, provided station is affiliated. Television pickup that such operation does not cause stations may be operated in conjunc- harmful interference to TV broadcast tion with other television broadcast pickup, STL or TV relay stations stations not aformentioned in this transmitting television broadcast pro- paragraph: Provided, That the trans- gram material. missions by the television pickup sta- (e) Except as provided in paragraphs tion are under the control of the li- (a), (d), (f) and (j) of this section, all censee of the television pickup station program material transmitted over a and that such operation shall not ex- TV pickup, STL, or TV relay station ceed a total of 10 days in any 30-day pe- shall be used by or intended for use by riod. Television pickup stations may be a TV broadcast station owned by or used to provide temporary studio- under the common control of the li- transmitter links or intercity relay censee of the TV pickup, STL, or TV circuits consistent with § 74.632 without relay station. Program material trans- further authority of the Commission: mitted over a TV pickup, STL or TV Provided, however, That prior Commis- relay station and so used by the li- sion authority shall be obtained if the censee of such facility may, with the transmitting antenna to be installed permission of the licensee of the broad- will increase the height of any natural cast auxiliary facility, be used by other formation or man-made structure by TV broadcast stations and by non- more than 6.1 meters (20 feet) and will broadcast closed circuit educational

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TV systems operated by educational ation of the TV auxiliary stations li- institutions. censed to it. Contributions to capital (f) A TV broadcast pickup, STL, or and operating expenses may be accept- TV relay station may be used for the ed only on a cost-sharing, non-profit transmission of material to be used by basis, prorated on an equitable basis others, including but not limited to among all parties being supplied with other broadcast stations, cable tele- program material. vision systems, and educational insti- (j) A broadcast network-entity may tutions. This use shall not interfere use television auxiliary service sta- with the use of these broadcast auxil- tions to transmit their own television iary facilities for the transmission of program materials to broadcast sta- programs and associated material in- tions, other broadcast network-enti- tended to be used by the television sta- ties, cable systems and cable network- tion or stations licensed to or under entities: Provided, however, that the common control of the licensee of the bands 1990–2110 MHz, 6425–6525 MHz and TV pickup, STL, or TV relay station. 6875–7125 MHz may be used by broad- This use of the broadcast auxiliary fa- cast network-entities only for tele- cilities must not cause harmful inter- vision pick-up stations. ference to broadcast auxiliary stations [28 FR 13718, Dec. 14, 1963, as amended at 29 operating in accordance with the basic FR 15524, Nov. 19, 1964; 43 FR 1950, Jan. 13, frequency allocation, and the licensee 1978; 44 FR 32381, June 6, 1979; 47 FR 55937, of the TV pickup, STL, or TV relay Dec. 14, 1982; 48 FR 17092, Apr. 21, 1983; 49 FR station must retain exclusive control 7130, Feb. 27, 1984; 52 FR 7142, Mar. 9, 1987] over the operation of the facilities. Prior to operating pursuant to the pro- § 74.632 Licensing requirements. visions of this section, the licensee (a) Licenses for television pickup, shall, for the intended location or area- television STL, television microwave of-operation, notify the appropriate booster, or television relay stations frequency coordinatioin committee or will be issued only to licensees of tele- any licensee(s) assigned the use of the vision broadcast stations, and broad- proposed operating frequency, con- cast network-entities and, further, on a cerning the particulars of the intended secondary basis, to licensees of low operation and must provide the name power television stations. A separate and telephone number of a person who application is required for each fixed may be contacted in the event of inter- station and the application shall be ference. specific with regard to the frequency (g) Except as provided in paragraph requested. A mobile station license (d) of this section, a television trans- may be issued for any number of mo- lator relay station is authorized for the bile transmitters to operate in a spe- purpose of relaying the programs and cific area or frequency band and the ap- signals of a television broadcast sta- plicant shall be specific with regard to tion to television broadcast translator the frequencies requested. In lieu of stations for simultaneous retrans- specifying specific transmitter types, mission. applicants shall certify that the trans- (h) A TV microwave booster station mitter used or to be used at the re- is authorized to retransmit the signals quested facility is authorized as re- of a TV pickup, TV STL, TV relay, or quired, or was manufactured before Oc- TV translator relay station. tober 1, 1981. Applications for consoli- (i) TV broadcast auxiliary stations dation of individual mobile station li- authorized pursuant to this subpart censes into a system license will be ac- may additionally be authorized to sup- cepted only at the time application is ply programs and signals of TV broad- made for renewal of the main (Part 73) cast stations to cable television sys- station license. tems or CARS stations. Where the li- (b) A license for a TV relay station censee of a TV broadcast auxiliary sta- may be issued in any case where the tion supplies programs and signals to circuit will operate between TV broad- cable television systems or CARS sta- cast stations either by means of ‘‘off- tions, the TV auxiliary licensee must the-air’’ pickup and relay or location of have exclusive control over the oper- the initial relay station at the studio

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or transmitter of a TV broadcast sta- 1270 Fairfield Road, Gettysburg, Penn- tion. sylvania 17325. (c) An application for construction permit for a new TV pickup station [28 FR 13718, Dec. 14, 1963, as amended at 44 shall designate the TV broadcast sta- FR 32382, June 6, 1979; 47 FR 55937, Dec. 14, 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 17092, Apr. tion with which it is to be operated and 21, 1983; 48 FR 21486, May 12, 1983; 49 FR 7130, specify the area in which the proposed Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 52 FR operation is intended. The maximum 7142, Mar. 9, 1987; 58 FR 19775, Apr. 16, 1993; 63 permissible area of operation will gen- FR 36605, July 7, 1998] erally be that of a standard metropolitan area, unless a special showing is § 74.633 Temporary authorizations. made that a larger area is necessary. (a) Special temporary authority may (d) Licensees who have two or more be granted for TV broadcast auxiliary TV broadcast stations located in dif- station operation which cannot be con- ferent cities shall, in applying for a new TV pickup station, designate the ducted in accordance with § 74.24. Such TV broadcast station in conjunction authority will normally be granted with which it is to be operated prin- only for operations of a temporary na- cipally. Operation in a city which is ture. Where operation is seen as likely not the city of license of the associated on a continuing annual basis, an appli- TV broadcast station is on a secondary, cation for a regular authorization non-interference basis to home-city should be submitted. users. (b) A request for special temporary (e) A license for a TV translator authority for the operation of a tele- relay station will be issued only to li- vision broadcast auxiliary station may censees of low power TV and TV trans- be made by informal application. An lator stations. The application for con- informal application for special tem- struction permit shall designate the porary authority requiring payment of television broadcast station to be re- a fee shall be addressed to the FCC at layed, the source of the television Federal Communications Commission, broadcast station’s signals, and the tel- Broadcast Auxiliary Radio Services, evision broadcast translator station P.O. Box 358700, Pittsburgh, PA 15251– with which it is to be operated. 5700. An informal application for spe- However, a television translator relay cial temporary authority not requiring station license may be issued to a coop- payment of a fee shall be addressed to erative enterprise wholly owned by li- the FCC at Federal Communications censees of television broadcast trans- Commission, Broadcast Auxiliary lators or licensees of television broad- Radio Services, 1270 Fairfield Road, cast translators and cable television Gettysburg, Pennsylvania 17325. Such owners or operators upon a showing applications shall be filed with the that the applicant is qualified under Commission at least 10 days prior to the Communication Act of 1934, as the date of the proposed operation. amended. (c) An application for special tem- (f) Licensees of TV pickup, TV STL, porary authority shall set forth full TV relay, and TV translator relay sta- particulars of the purpose for which tions may be authorized to operate one the request is made, and shall show the or more TV microwave booster stations type of equipment, power output, emis- for the purpose of relaying signals over sion, and frequency or frequencies pro- a path that cannot be covered with a posed to be used, as well as the time, single station. date and location of the proposed oper- NOTE: Applications for TV microwave ation. In the event that the proposed booster stations will not be accepted for fil- antenna installation will increase the ing prior to January 1, 1985. height of any natural formation, or ex- (g) In case of permanent discontinu- isting man-made structure, by more ance of operation of a station licensed than 6.1 meters (20 feet), a vertical plan under this subpart, the licensee shall sketch showing the height of the struc- forward the station license to the Fed- ture proposed to be erected, the height eral Communications Commission, above ground of any existing structure, Broadcast Auxiliary Radio Services, the elevation of the site above mean

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sea level, and the geographic coordi- such action appears to be in the public nates of the proposed site, shall be sub- interest, convenience and necessity. mitted with the application. (d) A request for special temporary [28 FR 13718, Dec. 14, 1963, as amended at, 47 authority shall specify a channel or FR 55937, Dec. 14, 1982; 50 FR 48600, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995] channels consistent with the provisions of § 74.602: Provided, That in the case of § 74.635 Unattended operation. events of wide-spread interest and importance which cannot be transmitted (a) TV relay stations, TV translator successfully on these frequencies, fre- relay stations, TV STL stations, and quencies assigned to other services TV microwave booster stations may be may be requested upon a showing that operated unattended under the fol- operation thereon will not cause inter- lowing conditions: ference to established stations: And (1) The transmitter must be provided provided further, That in no case will a with adequate safeguards to prevent television auxiliary broadcast oper- improper operation. ation be authorized on frequencies em- (2) The transmitter shall be so in- ployed for the safety of life and prop- stalled and protected that it is not ac- erty. cessible to other than duly authorized (e) When the transmitting equipment persons; utilized is not licensed to the user, the (3) TV relay stations, TV STL sta- user shall nevertheless have full con- tions, TV translator relay stations, and trol over the use of the equipment dur- TV microwave booster stations used ing the period it is operated. with these stations, shall be observed (f) Special temporary authority to at the receiving end of the microwave permit operation of a TV auxiliary circuit as often as necessary to ensure broadcast station of any class pending proper station operation by a person FCC action on an application for reg- designated by the licensee, who must ular authority will not normally be institute measures sufficient to ensure granted. prompt correction of any condition of (Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. improper operation. However, an STL 318) station (and any TV microwave booster [28 FR 13720, Dec. 14, 1963, as amended at 47 station) associated with a TV broad- FR 9221, Mar. 4, 1982; 47 FR 55937, Dec. 14, cast station operated by remote con- 1982; 50 FR 23710, June 5, 1985; 52 FR 10570, trol may be observed by monitoring Apr. 2, 1987; 58 FR 19775, Apr. 16, 1993] the TV station’s transmitted signal at the remote control point. Additionally, § 74.634 Remote control operation. a TV translator relay station (and any (a) A TV auxiliary station may be op- associated TV microwave booster sta- erated by remote control provided that tion) may be observed by monitoring such operation is conducted in accord- the associated TV translator station’s ance with the conditions listed below: transmitted signal. (1) The remote control system must (b) The FCC may notify the licensee be designed, installed, and protected so to cease or modify operation in the that the transmitter can only be acti- case of frequency usage disputes, inter- vated or controlled by persons author- ference or similar situations where ized by the licensee. such action appears to be in the public (2) The remote control equipment interest, convenience and necessity. must be maintained to ensure proper operation. [28 FR 13718, Dec. 14, 1963, as amended at 31 (3) The remote control system must FR 15314, Dec. 7, 1966; 43 FR 1950, Jan. 13, be designed to prevent inadvertent 1978; 47 FR 55937, Dec. 14, 1982; 49 FR 7131, transmitter operation caused by mal- Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985] functions in the circuits between the control point and transmitter. § 74.636 Power limitations. (b) The FCC may notify the licensee Transmitter peak output power shall to cease or modify operation in the not be greater than necessary, and in case of frequency usage disputes. inter- any event, shall not exceed the power ference or similar situations where listed in the table below:

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Maximum allow- Maximum al- power (P) in accordance with the fol- able transmitter lowable EIRP lowing schedule: power Frequency band (MHz) (1) On any frequency removed from Fixed Mobil Fixed Mobil the assigned frequency by more than (W) (W) (dBW) (dBW) 50% and up to 100% of the authorized 1,990 to 2,110 ...... 20.0 12.0 ...... bandwidth: at least 25 dB. 2,450 to 2,500 ...... 20.0 12.0 ...... (2) On any frequency removed from 6,425 to 6,525 ...... 12.0 ...... +35 the assigned frequency by more than 6,875 to 7,125 ...... 20.0 12.0 +55 +35 100% and up to 150% of the authorized 12,700 to 13,250 ...... 5.0 1.5 +55 +45 17,700 to 18,600 ...... 10.0...... +55 ...... bandwidth: at least 35 dB. 18,600 to 18,800 ...... 1 10.0 ...... +35 ...... (3) On any frequency removed from 18,800 to 19,700 ...... 10.0 ...... +55 ...... the assigned frequency by more than 31,000 to 31,300 ...... 0.05 0.05 ...... 150% of the authorized bandwidth: at 38,600 to 40,000 ...... 1.5 ...... least 43+10 Log(P) dB. 1 The power delivered to the antenna is limited to -3 dBW. (b) For all emissions except frequency modulation, the peak power of [45 FR 78692, Nov. 26, 1980, as amended at 52 emissions shall be attenuated below FR 7142, Mar. 9, 1987] the peak envelope transmitter power (P) in accordance with the following § 74.637 Emissions and emission limi- schedule: tations. (1) On any frequency 500 Hz inside the (a) For frequency modulation, the channel edge up to and including 2500 mean power of emissions shall be at- Hz outside the same edge, the following tenuated below the mean transmitter formula will apply:

 25  W 2  Attenuation = 29 Log D +−25.  dB  11  2  

or 50 dB whichever is the lesser attenu- 250% of the authorized bandwidth: At ation. Where: D is the displacement least 35 dB; frequency (kHz) from the center of the (iii) On any frequency removed from authorized bandwidth; and W is the the assigned (center) frequency by channel bandwidth (kHz). more than 250% of the authorized band- (2) On any frequency removed from width: At least 43+10 log 10 (mean out- the channel edge by more than 2500 Hz: put power in watts) dB, or 80 dB, At least 43+10 Log (P) dB. whichever is the lesser attenuation. (c) For operation in the bands 6425– (2) When using digital modulation: 6525 MHz, 17,700–19,700 MHz, and 31,000– (i) In any 1 NHz band, the center fre- 31,300 MHz: TV broadcast STL, relay quency of which is removed from the and booster stations may be authorized assigned frequency by more than 50% to employ analog or digital modulation up to and including 250% of the author- in this band. The mean power of any ized bandwidth: As specified by the fol- emission shall be attenuated below the lowing equation but in no event less mean output power of the transmitter than 11 dB. in accordance with the following sched- ¥ ule: A=11+0.4 (P 50)+10 log10 B (1) When using frequency modulation: where: (i) On any frequency removed from the assigned (center) frequency by A=Attenuation (in dB) below the mean out- more than 50% up to and including put power level 100% of the authorized bandwidth: At P=Percent removed from the carrier fre- least 25 dB; quency B=Authorized bandwidth in MHz (ii) On any frequency removed from the assigned (center) frequency by [Attenuation greater than 56 decibels more than 100% up to and including is not required.]

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(ii) In any 4 kHz band, the center fre- may require the licensee to take such quency of which is removed from the further steps as may be necessary to assigned frequency by more than 250% eliminate the interference. of the authorized bandwidth: At least (g) The maximum bandwidth which 43=10 log10 (mean output power in will be authorized per frequency as- watts) dB, or 80 dB, whichever is the signment is set out in the table which lesser attenuation. follows. Regardless of the maximum (3) Amplitude Modulation. For ves- authorized bandwidth specified for tigial sideband AM video: On any fre- each frequency band, the Commission quency removed from the center fre- reserves the right to issue a license for quency of the authorized band by more less than the maximum bandwidth if it than 50%: at least 50 dB below peak appears that less bandwidth would be power of the emission. sufficient to support an applicant’s in- (d) In the event that interference to tended communications. other stations is caused by emissions Maximum au- outside the authorized channel, the Frequency Band (MHz) thorized FCC may require greater attenuation bandwidth (MHz) than that specified in paragraph (b) of this section. 1,990 to 2,110 ...... 18 (e) The following limitations also 6,425 to 6,525 ...... 25 6,875 to 7,125 ...... 25 apply to the operation of TV micro- 12,700 to 13,250 ...... 25 wave booster stations: 17,700 to 19,700 ...... 80 (1) The booster station must receive 31,000 to 31,300 ...... 25 or 50 38,600 to 40,000 ...... and amplify the signals of the originating station and retransmit them on the same frequency without signifi- [45 FR 78692, Nov. 26, 1980, as amended at 48 FR 50734, Nov. 3, 1983; 49 FR 7131, Feb. 27, cantly altering them in any way. The 1984; 49 FR 37778, Sept. 26, 1984; 50 FR 7342, characteristics of the booster trans- Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR mitter output signal shall meet the re- 48600, Nov. 26, 1985; 52 FR 7142, Mar. 9, 1987; 58 quirements applicable to the signal of FR 51251, Oct. 1, 1993] the originating station. (2) The licensee is responsible for cor- § 74.638 Frequency coordination. recting any condition of interference (a) Channels in Band D are shared that results from the radiation of radio with certain Private Operational Fixed frequency energy outside the assigned Stations authorized under part 101, channel. Upon notice by the FCC to the § 101.147(p), after September 9, 1983. station licensee that interference is After this date all Broadcast Auxiliary being caused, operation of the appa- use of these bands is subject to coordi- ratus must be immediately suspended nation using the following procedure: and may not be resumed until the in- (1) Before filing an application for terference has been eliminated or it new or modified facilities under this can be demonstrated that the inter- part the applicant must perform a fre- ference is not due to spurious emis- quency engineering analysis to ensure sions. However, short term test trans- that the proposed facilities will not missions may be made during the pe- cause interference to existing or pre- riod of suspended operation to deter- viously applied for stations in this mine the efficacy of remedial meas- band of a magnitude greater than that ures. specified below. (3) In each instance where suspension (2) The general criteria for deter- of operation is required, the licensee mining allowable adjacent or co-chan- must submit a full report to the FCC nel interference protection to be af- after operation is resumed. The report forded, regardless of system length or must contain details of the nature of type of modulation, multiplexing or the interference, the source of inter- frequency band, shall be such that the fering signals, and the remedial steps interfering signal shall not produce taken to eliminate the interference. more than 1.0 dB degradation of the (f) In the event a station’s emissions practical threshold of the protected re- outside its authorized channel cause ceiver. Degradation is determined by harmful interference, the Commission calculating the ratio in dB between the

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desired carrier signal and undesired notification may be less than 30 days if interfering signal (C/I ratio) appearing the parties agree. at the input to the receiver under in- [49 FR 50734, Nov. 3, 1983, as amended at 52 vestigation (the victim receiver). The FR 7142, Mar. 9, 1987; 65 FR 38326, June 20, development of the C/I ratios from the 2000; 65 FR 54172, Sept. 7, 2000] criteria for maximum allowable interference level per exposure and the § 74.641 Antenna systems. methods used to perform path calcula- (a) For fixed stations operating be- tions shall follow generally acceptable tween 1990 MHz and 31.3 GHz and aero- good engineering practices. Procedures nautical mobile stations operating be- as may be developed by the Electronics tween 31.0 GHz and 31.3 GHz, the fol- Industries Association (EIA), the Insti- lowing standards apply: tute of Electrical and Electronics Engi- (1) Fixed TV broadcast auxiliary sta- neers, Inc. (IEEE), the American Na- tions shall use directional antennas tional Standards Institute (ANSI) or that meet the performance standards any other recognized authority will be indicated in the following table. Upon acceptable to the FCC. adequate showing of need to serve a larger sector, or more than a single (3) Where the development of the car- sector, greater beamwidth or multiple rier to interference ratio (C/I) is not antennas may be authorized. Appli- covered by generally acceptable proce- cants shall request, and authorization dures or where the applicant does not for stations in this service will specify, wish to develop the carrier to inter- the polarization of each transmitted ference ratio, the applicant shall em- signal. Booster station antennas hav- ploy the following C/I protection ra- ing narrower beamwidths and reduced tios. sidelobe radiation may be required in (i) Co-channel interference: For both congested areas, or to resolve inter- sideband and carrier-beat, (applicable ference problems. to all bands), the previously authorized (i) Stations must employ an antenna system shall be afforded a carrier to that meets the performance standards interfering signal protection ratio of at for Category B. In areas subject to fre- least 90 dB. quency congestion, where proposed fa- (ii) Adjacent channel interference: cilities would be precluded by contin- The existing or previously authorized ued use of a Category B antenna, a Cat- system shall be afforded a carrier to egory A antenna must be employed. interfering signal protection ratio of at The Commission may require the use of least 56 dB. a high performance antenna where in- (b) Coordination of assignments in terference problems can be resolved by the use of such antennas. the 6425–6525 MHz and 17.7–19.7 GHz (ii) Licensees shall comply with the bands will be in accordance with the antenna standards table shown in this procedure established in § 101.103(d) of paragraph in the following manner: this chapter except that the prior co- (A) With either the maximum ordination process for mobile beamwith to 3 dB points requirement (temporary fixed) assignments may be or with the minimum antenna gain re- completed orally and the period al- quirement; and lowed for response to a coordination (B) With the minimum radiation suppression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 dB Minimum Frequency (MHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (included ° to to to to to to angle in 10 15° 20° 30° 100° 140° 180° degrees)

1,990 to 2,110 ...... A 5.0 n/a 12 18 22 25 29 33 39 B 8.0 n/a 5 18 20 20 25 28 36

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ANTENNA STANDARDS—Continued

6,875 to 7,125 ...... A 1.5 n/a 26 29 32 34 38 41 49 B 2.0 n/a 21 25 29 32 35 39 45 12,700 to 13,250 ...... A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 19,700 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31,000 to 31,300 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi.

(2) New periscope antenna systems band with TV auxiliary broadcast, indi- will be authorized upon a certification cates that use of a category B antenna that the radiation, in a horizontal limits a proposed project because of in- plane, from an illuminating antenna terference, and and reflector combination meets or ex- (2) That use of a category A antenna ceeds the antenna standards of this will remedy the interference thus al- section. This provision similarly ap- lowing the project to be realized. plies to passive repeaters employed to (c) As an exception to the provisions redirect or repeat the signal from a of this section, the FCC may approve station’s directional antenna system. requests for use of periscope antenna (3) The choice of receiving antennas systems where a persuasive showing is is left to the discretion of the licensee. made that no frequency conflicts exist However, licensees will not be pro- in the area of proposed use. Such ap- tected from interference which results provals shall be conditioned to a stand- from the use of antennas with poorer ard antenna as required in paragraph performance than identified in the (a) of this section when an applicant of table of this section. a new TV auxiliary broadcast or Cable (4) [Reserved] Television Relay station indicates that the use of the existing antenna system (5) Pickup stations are not subject to will cause interference and the use of a the performance standards herein stat- category A or B antenna will remedy ed. The provisions of this paragraph the interference. are effective for all new applications (d) As a further exception to the pro- accepted for filing after October 1, 1981. vision of paragraph (a) of this section, (b) Any fixed station licensed pursu- the Commission may approve antenna ant to an application accepted for fil- systems not conforming to the tech- ing prior to October 1, 1981, may con- nical standards where a persuasive tinue to use its existing antenna sys- showing is made that: tem, subject to periodic renewal until (1) Indicates in detail why an an- April 1, 1992, After April 1, 1992, all li- tenna system complying with the re- censees are to use antenna systems in quirements of paragraph (a) of this sec- conformance with the standards of this tion cannot be installed, and section. TV auxiliary broadcast sta- (2) Includes a statement indicating tions are considered to be located in an that frequency coordination as re- area subject to frequency congestion quired in § 74.604 (a) was accomplished. and must employ a Category A antenna when: [45 FR 78693, Nov. 26, 1980, as amended at 49 FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, (1) A showing by an applicant of a 1984; 50 FR 7342, Feb. 22, 1985; 51 FR 19840, new TV auxiliary broadcast station or June 3, 1986; 52 FR 7143, Mar. 9, 1987; 55 FR Cable Television Relay Service (CARS) 11587, Mar. 29, 1990; 56 FR 50663, Oct. 8, 1991; station, which shares the 12.7–13.20 GHz 62 FR 4922, Feb. 3, 1997]

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§ 74.643 Interference to geostationary- ference With Geostationary-Satellites’’ satellites. by C. W. Lundgren and A. S. May, Bell These limitations are necessary to System Technical Journal, Vol. 48, No. 10, minimize the probability of harmful in- pp. 3387–3422, December 1969; and in terference to reception in the bands ‘‘Geostationary Orbit Avoidance Com- 6425–6525 MHz, 6875–7075 MHz and 12.7– puter Program’’ by Richard G. Gould, 12.75 GHz on board geostationary space Common Carrier Bureau Report CC– stations in the fixed-satellite service 7201, FCC, Washington, DC, 1972. This (Part 25). latter report is available through the (a) 6425 to 6525 and 6875 to 7075 MHz. National Technical Information Serv- No directional transmitting antenna ice, U.S. Department of Commerce, utilized by a fixed station operating in Springfield, VA 22151, in printed form these bands shall be aimed within 2 de- (PB–211 500) or source card deck (PB– grees of the geostationary-satellite 211 501). orbit, taking into account atmospheric [52 FR 7143, Mar. 9, 1987] refraction. However, exception may be made in unusual circumstances upon a § 74.644 Minimum path lengths for showing that there is no reasonable al- fixed links. ternative to the transmission path pro- (a) The distance between end points posed. If there is no evidence that such of a fixed link must equal or exceed the exception would cause possible harmful value set forth in the table below or interference to an authorized satellite the EIRP must be reduced in accord- system, said transmission path may be ance with the equation set forth below. authorized on waiver basis where the maximum value of the equivalent Frequency band (MHz) Minimum path length (km) isotropically radiated power (EIRP) below 1,850 ...... n/a does not exceed: 1,850—2,110 ...... 17 (1) +47 dBW for any antenna beam di- 6,425—7,125 ...... 17 rected within 0.5 degrees of the sta- 12,200—13,250 ...... 5 above 17,700 ...... n/a tionary satellite orbit or (2) +47 to +55 dBW, on a linear decibel (b) For paths shorter than those spec- scale (8 dB per degree) for any antenna ified in the Table, the EIRP shall not beam directed between 0.5 degrees and exceed the value derived from the fol- 1.5 degrees of the stationary orbit. lowing equation. (b) 12.7 to 12.75 GHz. No directional transmitting antenna utilized by a EIRP = 30 ¥ 20 log [A/B], dBW fixed station operating in this band where: shall be aimed within 1.5 degrees of the geostationary-satellite orbit, taking EIRP = equivalent isotropic radiated power in dBW. into account atmospheric refraction. A = Minimum path length from the Table for However, exception may be made in un- the frequency band in kilometers. usual circumstances upon a showing B = The actual path length in kilometers. that there is no reasonable alternative to the transmission path proposed. If (c) Upon an appropriate technical there is no evidence that such excep- showing, applicants and licensees un- tion would cause possible harmful in- able to meet the minimum path length terference to an authorized satellite requirement may be granted an excep- system, said transmission path may be tion to these requirements. authorized on waiver basis where the NOTE: Links authorized prior to April 1, maximum value of the equivalent 1987, are excluded from this requirement, ex- isotropically radiated power (EIRP) cept that, effective April 1, 1992, the Commis- does not exceed +45 dBW for any an- sion will require compliance with the cri- tenna beam directed within 1.5 degrees teria where an existing link would otherwise preclude establishment of a new link. of the stationary satellite orbit. (c) Methods for calculating the azi- [52 FR 7143, Mar. 9, 1987] muths to be avoided may be found in: CCIR Report No. 393 (Green Books), § 74.651 Equipment changes. New Delhi, 1970; in ‘‘Radio-Relay An- (a) Commission authority, upon ap- tenna Pointing for controlled Inter- propriate formal application (FCC

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Form 313) therefor, is required for any this section, licensees of stations that of the following equipment changes: remain co-primary under the provi- (1) Replacement of a specifically au- sions of § 74.602(g) may not make modi- thorized transmitter by a transmitter fications to their systems that increase that is not authorized for operation interference to satellite earth stations, under this subpart pursuant to or result in a facility that would be § 74.655(c). more costly to relocate. (2) A change in the frequency of the operating channel or the transmitter [28 FR 13718, Dec. 14, 1963, as amended at 38 output power. FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, (3) A change in the location of the TV 1982; 47 FR 55938, Dec. 14, 1982; 49 FR 7131, Feb. 27, 1984; 58 FR 19776, Apr. 16, 1993; 61 FR broadcast auxiliary station trans- 4368, Feb. 6, 1996; 63 FR 36605, July 7, 1998; 65 mitter or transmitting antenna au- FR 54173, Sept. 7, 2000] thorized for use at a fixed location except when the relocation of the trans- § 74.655 Authorization of equipment. mitter is within the same building. (4) Any change in the overall height (a) Except as provided in paragraph of the antenna structure, except where (b) of this section, all transmitting notice to the Federal Aviation Admin- equipment first marketed for use under istration is specifically not required this subpart or placed into service after under § 17.14(b) of this chapter. October 1, 1981, must be authorized (5) Any change in the direction of the under the certification or verification main radiation lobe of the transmit- procedure, as detailed in paragraph (f) ting antenna. of this section. Equipment which is (b) Other equipment changes not spe- used at a station licensed prior to Oc- cifically referred to in paragraph (a) of tober 1, 1985, which has not been au- this section may be made at the discre- thorized as detailed in paragraph (f) of tion of the licensee provided that the this section, may continue to be used Federal Communications Commission, by the licensee or its successors or as- Broadcast Auxiliary Radio Services, signees, provided that if operation of 1270 Fairfield Road, Gettysburg, Penn- such equipment causes harmful inter- sylvania 17325 is promptly notified in ference due to its failure to comply writing upon the completion of such with the technical standards set forth changes, and that the changes are de- in this subpart, the FCC may, at its scribed in the notification. discretion, require the licensee to take (c) Multiplexing equipment may be such corrective action as is necessary installed on any licensed TV broadcast to eliminate the interference. However, STL, TV relay or translator relay sta- such equipment may not be further tion without authority from the Com- marketed or reused under part 74 after mission. October 1, 1985. Transmitters designed (d) Any application proposing a for use in the 31.0 to 31.3 GHz band change in the height of the antenna or shall be authorized under the its location must also include the An- verification procedure. tenna Structure Registration Number (FCC Form 854R) of the antenna struc- (b) Certification or verification is not ture upon which it will locate its pro- required for transmitters used in con- posed antenna. In the event the an- junction with TV pickup stations oper- tenna structure does not have a Reg- ating with a peak output power not istration Number, either the antenna greater than 250 mW. Pickup stations structure owner shall file FCC Form operating in excess of 250 mW licensed 854 (‘‘Application for Antenna Struc- pursuant to applications accepted for ture Registration’’) in accordance with filing prior to October 1, 1980 may con- part 17 of this chapter or the applicant tinue operation subject to periodic re- shall provide a detailed explanation newal. If operation of such equipment why registration and clearance are not causes harmful interference the FCC necessary. may, at its discretion, require the li- (e) Permissible changes in equipment censee to take such corrective action operating in the band 19.26–19.3 GHz. as is necessary to eliminate the inter- Notwithstanding other provisions of ference.

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(c) The license of a TV auxiliary sta- 2 Television translator relay stations shall maintain a fre- tion may replace transmitting equip- quency tolerance of 0.002%. ment with authorized equipment, as [52 FR 7143, Mar. 9, 1987] detailed under paragraph (f) of this section, without prior FCC approval, pro- § 74.662 Frequency monitors and vided the proposed changes will not de- measurements. part from any of the terms of the sta- The licensee of a television broadcast tion or system authorization or the auxiliary station must provide means Commission’s technical rules gov- for measuring the operating frequency erning this service, and also provided in order to ensure that the emissions that any changes made to authorized are confined to the authorized channel. transmitting equipment is in compliance with the provisions of part 2 of [48 FR 38482, Aug. 24, 1983] the FCC rules concerning modifica- § 74.663 Modulation limits. tions to authorized equipment. (d) Any manufacturer of a trans- If amplitude modulation is employed, mitter to be used in this service may negative modulation peaks shall not exceed 100%. authorize the equipment under the certification or verification procedure, as [45 FR 78694, Nov. 26, 1980] appropriate, following the procedures set forth in subpart J of part 2 of the § 74.664 Posting of station license. FCC rules. (a) The station license and any other (e) An applicant for a TV broadcast instrument of authorization or indi- auxiliary station may also authorize vidual order concerning the construc- an individual transmitter, as specified tion of the equipment or manner of op- in paragraph (f) of this section, by fol- eration of the station shall be posted in lowing the procedures set forth in sub- the room in which the transmitter is part J of part 2 of the FCC rules and located. regulations. (b) Posting of the station license and (f) Transmitters designed to be used any other instruments of authorization exclusively for a TV STL station, a TV shall be done by affixing the license to intercity relay station, a TV translator the wall at the posting location, or by relay station, or a TV microwave enclosing it in a binder or folder which booster station, shall be authorized is retained at the posting location so under verification. All other transmit- that the document will be readily ters will be authorized under the cer- available and easily accessible. tification procedure. [28 FR 13718, Dec. 14, 1963, as amended at 48 [63 FR 36605, July 7, 1998] FR 24385, June 1, 1983; 49 FR 29070, July 18, 1984; 50 FR 40015, Oct. 1, 1985] § 74.661 Frequency tolerance. § 74.682 Station identification. Stations in this service shall main- (a) Each television broadcast auxil- tain the carrier frequency of each au- iary station operating with a trans- thorized transmitter to within the fol- mitter output power of 1 watt or more lowing percentage of the assigned fre- must, when actually transmitting pro- quency. grams, transmit station identification Frequency Toler- at the beginning and end of each period ance of operation, and hourly, as close to Frequency band (MHz) Fixed Mobile the hour as feasible, at a natural break (%) (%) in program offerings by one of the following means: 1,990 to 2,110 ...... 2 0.005 0.005 6,425 to 6,525 ...... 0.005 (1) Transmission of its own call sign 6,875 to 7,125 ...... 2 0.005 0.005 by visual or aural means or by auto- 12,700 to 13,250 ...... 2 0.005 0.005 matic transmission in international 17,700 to 18,820 ...... 0.003 ...... Morse telegraphy. 18,920 to 19,700 ...... 0.003 ...... 31,000 to 31,300 ...... 0.03 0.03 (2) Visual or aural transmission of 38,600 to 40,000 ...... 1 0.005 1 0.005 the call sign of the TV broadcast sta- 1 For transmitters with an output power of 50 mW or less, tion with which it is licensed as an the frequency tolerance need only be 0.05% auxiliary.

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(3) Visual or aural transmission of § 74.690 Transition of the 1990–2025 the call sign of the TV broadcast sta- MHz band from the Broadcast Aux- tion whose signals are being relayed or, iliary Service to emerging tech- where programs are obtained directly nologies. from network lines and relayed, the (a) Licensees proposing to implement network identification. Mobile-Satellite Services using emerg- (b) Identification transmissions during technologies (MSS Licensees) may ing operation need not be made when negotiate with Broadcast Auxiliary to make such transmission would in- Service licensees (Existing Licensees) terrupt a single consecutive speech, in the 1990–2110 MHz band for the pur- play, religious service, symphony con- pose of agreeing to terms under which cert, or any type of production. In such the Existing Licensees would relocate cases, the identification transmission their operations to the 2025–2110 MHz shall be made at the first interruption band, to other authorized bands, or to of the entertainment continuity and at other media; or alternatively, would discontinue use of the 2008–2025 MHz the conclusion thereof. band when informed by a Mobile-Sat- (c) During occasions when a tele- ellite Service licensee that it intends vision pickup station is being used to to begin operations in the 2008–2025 deliver program material for network MHz band. distribution it may transmit the net- (b) Existing Licensees in the 1990–2025 work identification in lieu of its own or MHz band allocated for licensed emerg- associated TV station call sign during ing technology services will maintain the actual program pickup. However, if primary status in these bands until an it is providing the network feed MSS Licensee completes relocation of through its own associated TV broad- the Existing Licensee’s operations. cast station it shall perform the sta- (c) The Commission will amend the tion identification required by para- operating license of the Existing Li- graph (a) of this section at the begin- censee to secondary status only if the ning and end of each period of oper- following requirements are met: ation. (1) The service applicant, provider, li- (d) A period of operation is defined as censee, or representative using an a single uninterrupted transmission or emerging technology guarantees pay- a series of intermittent transmissions ment of all relocation costs, including from a single location or continuous or all engineering, equipment, site and intermittent transmission from a tele- FCC fees, as well as any reasonable ad- vision pickup station covering a single ditional costs that the relocated Exist- event from various locations, within a ing Licensee might incur as a result of single broadcast day. operation in another authorized band (e) Regardless of the method used for or migration to another medium; station identification it shall be per- (2) The MSS Licensee completes all formed in a manner conducive to activities necessary for implementing prompt association of the signal source the replacement facilities, including with the responsible licensee. In exer- engineering and cost analysis of the relocation procedure and, if radio facili- cising the discretion provided by this ties are used, identifying and obtain- rule, licensees are expected to act in a ing, on the incumbents’ behalf, new responsible manner to assure that re- microwave or Local Television Trans- sult. mission frequencies and frequency co- (f) TV microwave boosters stations ordination; and will be assigned individual call signs. (3) The MSS Licensee builds the re- However, station identification will be placement system and tests it for com- accomplished by the retransmission of parability with the existing system. identification as provided in paragraph (d) The Existing Licensee is not re- (a) of this section. quired to relocate until the alternative [31 FR 15488, Dec. 8, 1966; 32 FR 452, Jan. 17, facilities are available to it for a rea- 1967, as amended at 42 FR 36830, July 18, 1977; sonable time to make adjustments, de- 43 FR 1951, Jan. 13, 1978; 44 FR 36041, June 20, termine comparability, and ensure a 1979; 49 FR 7131, Feb. 27, 1984] seamless handoff. If within one year

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after the relocation to new facilities ations, except those Existing Licensees the Existing Licensee demonstrates that decline relocation. If the parties that the new facilities are not com- are unable to reach a negotiated agree- parable to the former facilities, the ment, MSS Licensees may involun- MSS Licensee must remedy the de- tarily relocate Existing Licensees after fects. two years. As of the date that any MSS (e) Subject to the terms of this para- Licensee announces its intention to graph (e), Phase I of the relocation of begin operations in the 2008–2025 MHz Existing Licensees will be carried out band, licensees who are not on the new in the following manner: channel plan specified in § 74.602(a)(4) (1) Beginning September 6, 2010, Ex- must discontinue use of Channel A01 isting Licensees and MSS Licensees (2008–2023 MHz). may negotiate individually or collec- (5) After the date the first MSS Li- tively for relocation of Existing Li- censee begins operations in the 2008– censees to one of the channel plans 2025 MHz band, MSS Licensees must re- specified in § 74.602(a)(3). Parties may not decline to negotiate, though Exist- locate Existing Licensees in Nielsen ing Licensees may decline to be relo- Designated Market Areas 31–100 within cated. MSS Licensees must relocate all three years, and in the remaining Existing Licensees in Nielsen Des- Nielsen Designated Market Areas with- ignated Market Areas 1–30 prior to be- in five years. ginning operations, except those Exist- (6) Ten years after the date specified ing Licensees that decline relocation. in paragraph (e)(1) of this section, all If the parties are unable to reach a ne- Existing Licensees will become sec- gotiated agreement, MSS Licensees ondary in the 1990–2025 MHz band. Upon may involuntarily relocate Existing written demand by any MSS Licensee, Licensees after two years. As of the Existing Licensees must cease all oper- date that any MSS Licensee announces ations in the 1990–2025 MHz band within the beginning of operations in the 1990– six months. 2008 MHz band, licensees who are not NOTE TO PARAGRAPH (e): FCC suspends for on the new channel plan specified in one year, until September 6, 2003, the expira- § 74.602(a)(3) must discontinue use of tion date for the initial two-year mandatory Channel A01 (1990–2008 MHz). negotiation period in paragraph (e)(1) and (2) Before negotiating with MSS Li- the beginning of the involuntary relocation censees, Existing Licensees in Nielsen period in paragraph (e)(4). Designated Market Areas where there [65 FR 48180, Aug. 7, 2000, as amended at 67 is a BAS frequency coordinator must FR 53756, Aug. 19, 2002] coordinate and select a band plan for the market area. Thereafter, all nego- Subpart G—Low Power TV, TV tiations must produce solutions that Translator, and TV Booster Stations adhere to the market area’s band plan. (3) After the date the first MSS Li- § 74.701 Definitions. censee begins operations, MSS Licens- ees must relocate Existing Licensees in (a) Television broadcast translator sta- Nielsen Designated Market Areas 31– tion. A station in the broadcast service 100 within three years, unless any Ex- operated for the purpose of retransmit- isting Licensee declines relocation. ting the programs and signals of a tele- (4) Beginning on the date any MSS vision broadcast station, without sig- Licensee announces in writing to Ex- nificantly altering any characteristic isting Licensees its intention to begin of the original signal other than its fre- operations in the 2008–2025 MHz band, quency and amplitude, for the purpose Existing Licensees and MSS Licensees of providing television reception to the may negotiate individually or collec- general public. tively for relocation of Existing Li- (b) Primary station. The analog tele- censees to one of the channel plans vision broadcast station (TV broadcast) specified in § 74.602(a)(4). MSS Licens- or digital television station (DTV) ees must relocate all Existing Licens- which provides the programs and sig- ees in Nielsen Designated Market nals being retransmitted by a tele- Areas 1–30 prior to beginning oper- vision broadcast translator station.

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(c) VHF translator. A television nal signal other than its amplitude. A broacast translator station operating television broadcast booster station on a VHF television broadcast channel. may only be located such that its en- (d) UHF translator. A television tire service area is located within the broadcast translator station operating protected contour of the primary sta- on a UHF television broadcast channel. tion it retransmits. For purposes of (e) UHF translator signal booster. A this paragraph, the service area of the station in the broadcasting service op- booster and the protected contour of erated for the sole purpose of re- the primary station will be determined transmitting the signals of the UHF by the methods prescribed in § 74.705(c). translator station by amplifying and [28 FR 13722, Dec. 14, 1963, as amended at 43 reradiating such signals which have FR 1951, Jan. 13, 1978; 47 FR 21497, May 18, been received directly through space, 1982; 48 FR 21486, May 12, 1983; 52 FR 7422, without significantly altering any Mar. 11, 1987; 52 FR 31403, Aug. 20, 1987; 62 FR characteristic of the incoming signal 26720, May 14, 1997] other than its amplitude. (f) Low power TV station. A station § 74.702 Channel assignments. authorized under the provisions of this (a) An applicant for a new low power subpart that may retransmit the pro- TV or TV translator station or for grams and signals of a TV broadcast changes in the facilities of an author- station and that may originate pro- ized station shall endeavor to select a gramming in any amount greater than channel on which its operation is not 30 seconds per hour and/or operates a likely to cause interference. The appli- subscription service. (See § 73.641 of cations must be specific with regard to part 73 of this chapter.) the channel requested. Only one chan- (g) Program origination. For purposes nel will be assigned to each station. of this part, program origination shall (1) Any one of the 12 standard VHF be any transmissions other than the si- Channels (2 to 13 inclusive) may be as- multaneous retransmission of the pro- signed to a VHF low power TV or TV grams and signals of a TV broadcast translator station. Channels 5 and 6 as- station. Origination shall include lo- signed in Alaska shall not cause harm- cally generated television program sig- ful interference to and must accept in- nals and program signals obtained via terference from non-Government fixed video recordings (tapes and discs), operation authorized prior to January microwave, common carrier circuits, 1, 1982. or other sources. (2) Any one of the UHF Channels (h) Local origination. Program origi- from 14 to 69, inclusive, may be as- nation if the parameters of the pro- signed to a UHF low power TV or TV gram source signal, as it reaches the translator station. In accordance with transmitter site, are under the control § 73.603(c) of part 73, Channel 37 will not of the low power TV station licensee. be assigned to such stations. Transmission of TV program signals (3) Application for new low power TV generated at the transmitter site con- or TV translator stations or for stitutes local origination. Local origi- changes in existing stations, specifying nation also includes transmission of operation above 806 MHz will not be ac- programs reaching the transmitter site cepted for filing. License renewals for via TV STL stations, but does not in- existing TV translator stations oper- clude transmission of signals obtained ating on channels 70 (806–812 MHz) from either terrestrial or satellite through 83 (884–890 MHz) will be grant- microwave feeds or low power TV sta- ed only on a secondary basis to land tions. mobile radio operations. (i) Television broadcast booster station. (b) Changes in the TV Table of Allot- A station in the broadcast service oper- ments or Digital Television Table of ated by the licensee or permittee of a Allotments (§§ 73.606(b) and 73.622(a), re- full service television broadcast sta- spectively, of part 73 of this chapter), tion for the purpose of retransmitting authorizations to construct new TV the programs and signals of such pri- broadcast analog or DTV stations or to mary station without significantly al- authorizations to change facilities of tering any characteristic of the origi- existing such stations, may be made

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without regard to existing or proposed interference to the direct reception of low power TV or TV translator sta- the signal of any other TV broadcast tions. Where such a change results in a analog station and DTV station oper- low power TV or TV translator station ating on the same channel as that used causing actual interference to recep- by the low power TV, TV translator, or tion of the TV broadcast analog or TV booster station or an adjacent DTV station, the licensee or permittee channel which occurs as a result of the of the low power TV or TV translator operation of the low power TV, TV station shall eliminate the interference translator, or TV booster station. In- or file an application for a change in terference will be considered to occur channel assignment pursuant to whenever reception of a regularly used § 73.3572 of this chapter. signal is impaired by the signals radi- (c) A television broadcast booster ated by the low power TV, TV trans- station will be authorized on the chan- lator, or TV booster station, regardless nel assigned to its primary station. of the quality of the reception or the [47 FR 21497, May 18, 1982, as amended at 47 strength of the signal so used. If the in- FR 30068, July 12, 1982; 47 FR 35590, Aug. 18, terference cannot be promptly elimi- 1982; 52 FR 7423, Mar. 11, 1987; 52 FR 31403, nated by the application of suitable Aug. 20, 1987; 62 FR 26721, May 14, 1997] techniques, operation of the offending low power TV, TV translator, or TV § 74.703 Interference. booster station shall be suspended and (a) An application for a new low shall not be resumed until the inter- power TV, TV translator, or TV boost- ference has been eliminated. If the er station or for a change in the facili- complainant refuses to permit the low ties of such an authorized station will Power TV, TV translator, or TV boost- not be granted when it is apparent that er station to apply remedial techniques interference will be caused. Except that demonstrably will eliminate the where there is a written agreement be- interference without impairment of the tween the affected parties to accept in- original reception, the licensee of the terference, or where it can be shown low power TV, TV translator, or TV that interference will not occur due to booster station is absolved of further terrain shielding and/or Longley-Rice responsibility. TV booster stations will terrain dependent propagation meth- be exempt from the provisions of this ods, the licensee of a new low power paragraph to the extent that they may TV, TV translator, or TV booster shall cause limited interference to their pri- protect existing low power TV and TV mary stations’ signal subject to the translator stations from interference conditions of paragraph (g) of this sec- within the protected contour defined in tion. § 74.707 and shall protect existing Class (c) It shall be the responsibility of A TV and digital Class A TV stations the licensee of a low power TV, TV within the protected contours defined translator, or TV booster station to in § 73.6010 of this chapter. Such written correct any condition of interference agreement shall accompany the appli- which results from the radiation of cation. Guidance on using the Longley- radio frequency energy outside its as- Rice methodology is provided in OET signed channel. Upon notice by the Bulletin No. 69. Copies of OET Bulletin FCC to the station licensee or operator No. 69 may be inspected during normal that such interference is caused by spu- business hours at the: Federal Commu- rious emissions of the station, oper- nications Commission, 445 12th Street, ation of the station shall be imme- S.W., Reference Information Center diately suspended and not resumed (Room CY–A257), Washington, DC 20554. until the interference has been elimi- This document is also available nated. However, short test trans- through the Internet on the FCC Home missions may be made during the pe- Page at http://www.fcc.gov/oet/info/doc- riod of suspended operation to check uments/bulletins/#69. the efficacy of remedial measures. (b) It shall be the responsibility of (d) When a low power TV or TV the licensee of a low power TV, TV translator station causes interference translator, or TV booster station to to a CATV system by radiations within correct at its expense any condition of its assigned channel at the cable

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headend or on the output channel of station or change the facilities of an any system converter located at a re- existing station will not be accepted if ceiver, the earlier user, whether cable it specifies a site which is within the system or low power TV or TV trans- protected contour of a co-channel or lator station, will be given priority on first adjacent channel TV broadast sta- the channel, and the later user will be tion. responsible for correction of the inter- (2) Due to the frequency spacing ference. When a low power TV or TV which exists between TV Channels 4 translator station causes interference and 5, between Channels 6 and 7, and to an MDS of ITFS system by radi- between Channels 13 and 14, adjacent ations within its assigned channel on channel protection standards shall not the output channel of any system con- be applicable to these pairs of chan- verter located at a receiver, the earlier nels. (See § 73.603(a) of part 73 of this user, whether MDS system or low chapter.) power TV or TV translator station, will (3) A UHF low power TV or TV trans- be given priority on the channel, and lator construction permit application the later user will be responsible for will not be accepted if it specifies a site correction of the interference. within the UHF TV broadcast station’s (e) Low power TV and TV translator protected contour and proposes oper- stations are being authorized on a sec- ation on a channel either 14 or 15 chan- ondary basis to existing land mobile nels above the channel in use by the uses and must correct whatever inter- TV broadcast station. ference they cause to land mobile sta- (4) A UHF low power TV or TV trans- tions or cease operation. lator construction permit application (f) In each instance where suspension will not be accepted if it specifies a site of operation is required, the licensee less than 100 kilometers from the shall submit a full report to the FCC in transmitter site of a UHF TV broad- Washington, DC, after operation is re- cast analog station operating on a sumed, containing details of the nature channel which is the seventh channel of the interference, the source of the above the requested channel, unless it interfering signals, and the remedial can demonstrate that the service area steps taken to eliminate the inter- of the low power TV or TV translator ference. station as established in § 74.707(a) is (g) A TV booster station may not dis- not located in an area where the TV rupt the existing service of its primary broadcast analog station is regularly station nor may it cause interference viewed. to the signal provided by the primary (5) An application for a new UHF low station within the principal commu- power TV or TV translator construc- nity to be served. tion permit, a change of channel, or a major change in facilities pursuant to [47 FR 21497, May 18, 1982, as amended at 48 FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, § 73.3572 of this chapter proposing a 1987; 53 FR 4169, Feb. 12, 1988; 60 FR 55483, maximum effective radiated power of Nov. 1, 1995; 62 FR 26721, May 14, 1997; 65 FR more than 50 kilowatts will not be ac- 30012, May 10, 2000] cepted if it specifies a site less than 32 kilometers from the transmitter site of § 74.705 TV broadcast analog station a UHF TV broadcast analog station op- protection. erating on a channel which is the sec- (a) The TV broadcast station pro- ond, third, or fourth channel above or tected contour will be its Grade B con- below the requested channel. tour signal level as defined in § 73.683 (c) The low power TV, TV translator, and calculated from the authorized or TV booster station field strength is maximum radiated power (without de- calculated from the proposed effective pression angle correction), the hori- radiated power (ERP) and the antenna zontal radiation pattern, height above height above average terrain (HAAT) average terrain in the pertinent direc- in pertinent directions. tion, and the appropriate chart from (1) For co-channel protection, the § 73.699. field strength is calculated using Fig- (b)(1) An application to construct a ure 9a, 10a, or 10c of § 73.699 (F(50,10) new low power TV or TV translator charts) of Part 73 of this chapter.

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(2) For low power TV, TV translator, onstrate that the proposed facility and TV boosters that do not specify the would not be likely to cause inter- same channel as the TV broadcast sta- ference to TV broadcast stations. Guid- tion to be protected, the field strength ance on using the Longley-Rice meth- is calculated using Figure 9, 10, or 10b odology is provided in OET Bulletin No. of § 73.699 (F(50,50) charts) of Part 73 of 69. Copies of OET Bulletin No. 69 may be this chapter. inspected during normal business hours (d) A low power TV, TV translator, or at the: Federal Communications Com- TV booster station application will not mission, CY–C203, 445 12th Street, SW., be accepted if the ratio in dB of its Reference Information Center, Wash- field strength to that of the TV broad- ington, DC 20554. This document is also cast station at the protected contour available through the Internet on the fails to meet the following: FCC Home Page at http://www.fcc.gov. (1) ¥45 dB for co-channel operations [47 FR 21497, May 18, 1982, as amended at 48 without offset carrier frequency oper- FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, ation or ¥28 dB for offset carrier fre- 1987; 62 FR 26721, May 14, 1997; 65 FR 58467, quency operation. An application re- Sept. 29, 2000] questing offset carrier frequency operation must include the following: § 74.706 Digital TV (DTV) station pro- (i) A requested offset designation tection. (zero, plus, or minus) identifying the (a) For purposes of this section, the proposed direction of the 10 kHz offset DTV station protected service area is from the standard carrier frequencies the geographic-area in which the field of the requested channel. If the offset strength of the station’s signal exceeds designation is not different from that the noise-limited service levels speci- of the station being protected, the ¥45 fied in § 73.622(e) of this chapter. The dB ratio must be used. extremity of this area (noise-limited (ii) A description of the means by perimeter) is calculated from the au- which the low power TV, TV trans- thorized maximum radiated power lator, or TV booster station will be (without depression angle correction), maintained within the tolerances spec- the horizontal radiation pattern, and ified in § 74.761 for offset operation. height above average terrain in the (2) 6 dB when the protected TV broad- pertinent direction, using the signal cast station operates on a VHF channel propagation method specified in that is one channel above the requested § 73.625(b) of this chapter. channel. (b)(1) An application to construct a (3) 12 dB when the protected TV new low power TV or TV translator broadcast station operates on a VHF station or change the facilities of an channel that is one channel below the existing station will not be accepted if requested channel. it specifies a site which is located with- (4) 15 dB when the protected TV in the noise-limited service perimeter broadcast station operates on a UHF of a co-channel DTV station. channel that is one channel above or (2) Due to the frequency spacing below the requested channel. which exists between TV channels 4 (5) 23 dB when the protected TV and 5, between Channels 6 and 7, and broadcast station operates on a UHF between Channels 13 and 14, adjacent channel that is fourteen channels channel protection standards shall not below the requested channel. be applicable to these pairs of chan- (6) 6 dB when the protected TV broad- nels. cast station operates a UHF (c) The low power TV, TV translator channelthat is fifteen channels below or TV booster station field strength is the requested channel. calculated from the proposed effective (e) In support of a request for waiver radiated power (ERP) and the antenna of the interference protection rules, an height above average terrain (HAAT) applicant for a low power TV, TV in pertinent directions. translator or TV booster may make (1) For co-channel protection, the full use of terrain shielding and field strength is calculated using Fig- Longley-Rice terrain dependent propa- ure 9a, 10a, or 10c of § 73.699 (F(50,10) gation prediction methods to dem- charts) of part 73 of this chapter.

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(2) For adjacent channel protection, translator stations, or TV booster sta- the field strength is calculated using tions within the following predicted Figure 9, 10, or 10b of § 73.699 (F(50,50) contours: charts) of part 73 of this chapter. (i) 62 dBu for stations on Channels 2 (d) A low power TV, TV translator or through 6; TV booster station application will not (ii) 68 dBu for stations on Channels 7 be accepted if the ratio in dB of its through 13; and field strength to that of the DTV sta- (iii) 74 dBu for stations on Channels tion (L/D ratio) fails to meet the fol- 14 through 69. lowing: Existing licensees and permittees that (1) ¥2 dB or less for co-channel oper- did not furnish sufficient data required ations. This maximum L/D ratio for co- to calculate the above contours by channel interference to DTV service is April 15, 1983 are assigned protected only valid at locations where the sig- contours having the following radii: nal-to-noise (S/N) ratio is 25 dB or greater. At the edge of the noise-lim- Up to 0.001 kW VHF/UHF—1 mile (1.6 km) ited service area, where the S/N ratio is from transmitter site 16 dB, the maximum L/D ratio for co- Up to 0.01 kW VHF; up to 0.1 k/W UHF—2 channel interference from analog low miles (3.2 km) from transmitter site Up to 0.1 kW VHF; up to 1 kW UHF—4 miles power TV, TV translator or TV booster (6.4 km) from transmitter site service into DTV service is ¥21 dB. At locations where the S/N ratio is greater New applicants must submit the re- than 16 dB but less than 25 dB, the quired information; they cannot rely maximum L/D field strength ratios are on this table. found from the following Table (for (2) The low power TV or TV trans- values between measured values, linear lator station protected contour is cal- interpolation can be used): culated from the authorized effective radiated power and antenna height DTV-to-low Signal-to-noise ratio(dB) power ratio above average terrain, using Figure 9, (dB) 10, or 10b of § 73.699 (F(50,50) charts) of 16.00 ...... 21.00 Part 73 of this chapter. 16.35 ...... 19.94 (b)(1) An application to construct a 17.35 ...... 17.69 new low power TV, TV translator, or 18.35 ...... 16.44 19.35 ...... 7.19 TV booster station or change the facili- 20.35 ...... 4.69 ties of an existing station will not be 21.35 ...... 3.69 accepted if it specifies a site which is 22.35 ...... 2.94 23.35 ...... 2.44 within the protected contour of a co- 25.00 ...... 2.00 channel or first adjacent channel low power TV, TV translator, or TV boost- (2) + 48 dB for adjacent channel oper- er station, except that a TV booster ations at: station may be located within the pro- (i) The DTV noise-limited perimeter tected contour of its co-channel pri- if a low power TV, TV translator or TV mary station. booster station is located outside that (2) Due to the frequency spacing perimeter. which exists between TV Channels 4 (ii) At all points within the DTV and 5, between Channels 6 and 7, and noise-limited area if a low power TV or between Channels 13 and 14, adjacent TV translator is located within the channel protection standards shall not DTV noise-limited perimeter, as dem- be applicable to these pairs of chan- onstrated by the applicant. nels. (See § 73.603(a) of Part 73 of this [62 FR 26721, May 14, 1997, as amended at 63 chapter.) FR 13563, Mar. 20, 1998; 64 FR 4327, Jan. 28, (3) A UHF low power TV, TV trans- 1999] lator, or TV booster construction permit application will not be accepted if § 74.707 Low power TV and TV trans- it specifies a site within the UHF low lator station protection. power TV, TV translator, or TV boost- (a)(1) A low power TV or TV trans- er station’s protected contour and pro- lator will be protected from inter- poses operation on a channel that is 15 ference from other low power TV or TV channels above the channel in use by

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the low power TV, TV translator, or (4) 15 dB when the protected low TV booster station. power TV or TV translator station op- (c) The low power TV, TV translator, erates on a UHF channel that is one or TV booster construction permit ap- channel above or below the requested plication field strength is calculated channel. from the proposed effective radiated (5) 6 dB when the protected low power power (ERP) and the antenna above av- TV or TV translator station operates erage terrain (HAAT) in pertinent di- on a UHF channel that is fifteen chan- rections. nels below the requested channel. (1) For co-channel protection, the (e) In support of a request for waiver field strength is calculated using Fig- of the interference protection rules, an ure 9a, 10a, or 10c of § 73.699 (F(50,10) applicant for a low power TV or TV charts) of Part 73 of this chapter. translator station may make full use of (2) For low power TV, TV translator, terrain shielding and Longley-Rice ter- or TV booster applications that do not specify the same channel as the low rain dependent propagation prediction power TV, TV translator, or TV boost- methods to demonstrate that the pro- er station to be protected, the field posed facility would not be likely to strength is calculated using Figure 9, cause interference to low power TV, TV 10, or 10b of § 73.699 (F(50,50) charts) of translator and TV booster stations. Part 73 of this chapter. Guidance on using the Longley-Rice (d) A low power TV, TV translator, or methodology is provided in OET Bul- TV booster station application will not letin No. 69. Copies of OET Bulletin No. be accepted if the ratio in dB of its 69 may be inspected during normal field strength to that of the authorized business hours at the: Federal Commu- low power TV, TV translator, or TV nications Commission, Room CY–C203, booster station at its protected con- 445 12th Street, SW., Reference Infor- tour fails to meet the following: mation Center, Washington, DC 20554. (1) ¥45 dB for co-channel operations This document is also available without offset carrier frequency oper- through the Internet on the FCC Home ation or ¥28 dB for offset carrier fre- Page at http://www.fcc.gov. quency operation. An application re- [47 FR 21498, May 18, 1982, as amended at 47 questing offset carrier frequency oper- FR 35990, Aug. 18, 1982; 48 FR 21487, May 12, ation must include the following: 1983; 52 FR 31403, Aug. 20, 1987; 62 FR 26722, (i) A requested offset designation May 14, 1997; 65 FR 58467, Sept. 29, 2000] (zero, plus, or minus) identifying the proposed direction of the 10 kHz offset § 74.708 Class A TV and digital Class A from the standard carrier frequencies TV station protection. of the requested channel. If the offset (a) The Class A TV and digital Class designation is not different from that A TV station protected contours are of the station being protected, or if the specified in § 73.6010 of this chapter. station being protected is not main- (b) An application to construct a new taining its frequencies within the tol- low power TV, TV translator, or TV erance specified in § 74.761 for offset op- booster station or change the facilities eration, the ¥45 dB ratio must be used. (ii) A description of the means by of an existing station will not be ac- which the low power TV, TV trans- cepted if it fails to protect an author- lator, or TV booster station’s fre- ized Class A TV or digital Class A TV quencies will be maintained within the station or an application for such a tolerances specified in § 74.761 for offset station filed prior to the date the low operation. power TV, TV translator, or TV boost- (2) 6 dB when the protected low power er application is filed. TV or TV translator station operates (c) Applications for low power TV, on a VHF channel that is one channel TV translator and TV booster stations above the requested channel. shall protect Class A TV stations pur- (3) 12 dB when the protected low suant to the requirements specified in power TV or TV translator station op- paragraphs (b) through (e) of § 74.707. erates on a VHF channel that is one (d) Applications for low power TV, channel below the requested channel. TV translator and TV booster stations

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shall protect digital Class A TV sta- (2) If the land mobile channel is one tions pursuant to the following re- channel above or below the channel in quirements: the following list, the land mobile pro- (i) An application must not specify tected contour excludes the area with- an antenna site within the protected in 95 kilometers of the corresponding contour of a co-channel digital Class A coordinates from the list below. TV station. Coordinates (ii) The ratio in dB of the field City Chan- strength of the low power TV, TV nel Latitude Longitude translator or TV booster station to San Diego, CA ...... 15 32°41′48′ 116°56′10′ that of the digital Class A TV station Waterbury, CT ...... 20 41°31′02′ 073°01′00′ must meet the requirements specified Washington, DC ...... 14 38°57′17′ 077°00′17′ in paragraph (d) of § 74.706, calculated Washington, DC ...... 20 38°57′49′ 077°06′18′ Champaign, IL ...... 15 40°04′11′ 087°54′45′ using the propagation methods speci- Jacksonville, IL ...... 14 39°45′52′ 090°30′29′ fied in paragraph (c) of that section. Ft. Wayne, IN ...... 15 41°05′35′ 085°10′42′ South Bend, IN ...... 16 41°36′20′ 086°12′44′ [65 FR 30012, May 10, 2000] Salisbury, MD ...... 16 38°24′15′ 075°34′45′ Mt. Pleasant, MI ...... 14 43°34′24′ 084°46′21′ § 74.709 Land mobile station protec- Hanover, NH ...... 15 43°42′30′ 072°09′16′ tion. Canton, OH ...... 17 40°51′04′ 081°16′37′ Cleveland, OH ...... 19 41°21′19′ 081°44′24′ (a) Stations in the Land Mobile Oxford, OH ...... 14 39°30′26′ 084°44′09′ Radio Service, using the following Zanesville, OH ...... 18 39°55′42′ 081°59′06′ Elmira-Corning, NY ..... 18 42°06′20′ 076°52′17′ channels in the indicated cities will be Harrisburg, PA ...... 21 40°20′44′ 076°52′09′ protected from interference caused by Johnstown, PA ...... 19 40°19′47′ 078°53′45′ low power TV or TV translator sta- Lancaster, PA ...... 15 40°15′45′ 076°27′49′ Philadelphia, PA ...... 17 40°02′30′ 075°14′24′ tions, and low power TV and TV trans- Pittsburgh, PA ...... 16 40°26′46′ 079°57′51′ lator stations must accept any inter- Scranton, PA ...... 16 41°10′58′ 075°52′21′ ference from stations in the land mo- Parkersburg, WV ...... 15 39°20′50′ 081°33′56′ bile service operating on the following Madison, WI ...... 15 43°03′01′ 089°29′15′ channels: (c) A low power TV or TV translator Coordinates station application will not be accept- City Chan- nels Latitude Longitude ed if it specifies a site that is within the protected contour of a co-channel Boston, MA ...... 14, 16 42°21′24′ 071°03′24′ or first adjacent channel land mobile Chicago, IL ...... 14, 15 41°52′28′ 087°38′22′ Cleveland, OH ...... 14, 15 41°29′51′ 081°41′50′ assignment. Dallas, TX ...... 16 32°47′09′ 096°47′37′ (d) The low power TV or TV trans- Detroit, MI ...... 15, 16 42°19′48′ 083°02′57′ lator station field strength is cal- Houston, TX ...... 17 29°45′26′ 095°21′37′ culated from the proposed effective ra- Los Angeles, CA ...... 14, 20 34°03′15′ 118°14′28′ Miami, FL ...... 14 25°46′37′ 080°11′32′ diated power (ERP) and the antenna New York, NY ...... 14, 15 40°45′06′ 073°59′39′ height above average terrain (HAAT) Philadelphia, PA ...... 19, 20 39°56′58′ 075°09′21′ in pertinent directions. Pittsburgh, PA ...... 14, 18 40°26′19′ 080°00′00′ San Francisco, CA ...... 16, 17 37°46′39′ 122°24′40′ (1) The field strength is calculated Washington, DC ...... 17, 18 38°53′51′ 077°00′33′ using Figure 10c of § 73.699 (F(50, 10) charts) of Part 73 of this chapter. (b) The protected contours for the (2) A low power TV or TV translator land mobile radio service are 130 kilo- station application will not be accept- meters from the above coordinates, ex- ed if it specifies the same channel as cept where limited by the following: one of the land mobile assignments and (1) If the land mobile channel is the its field strength at the land mobile same as the channel in the following protected contour exceeds 52 dBu. list, the land mobile protected contour (3) A low power TV or TV translator excludes the area within 145 kilometers station application will not be accept- of the corresponding coordinates from ed if it specifies a channel that is one list below. Except if the land mobile channel above or below one of the land channel is 15 in New York or Cleveland mobile assignments and its field or 16 in Detroit, the land mobile pro- strength at the land mobile protected tected contour excludes the area with- contour exceeds 76 dBu. in 95 kilometers of the corresponding (e) To protect stations in the Off- coordinates from the list below. shore Radio Service, a low power TV or

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TV translator station construction per- (1) Reception of the television pro- mit application will not be accepted if grams and signals of a television broad- it specifies operation on channels 15, cast station directly through space, 16, 17 or 18 in the following areas. West conversion to a different channel by Longitude and North Latitude are ab- simple heterodyne frequency conver- breviated as W.L. and N.L. respec- sion and suitable amplification; or, tively. (2) Modulation and amplification of a (1) On Channel 15: west of 92°00′ W.L.; video and audio feed, in which case east of 98°30′ W.L.; and south of a line modulating equipment meeting the re- extending due west from 30°30′ N.L., quirements of § 74.750(d) shall be used. ° ′ ° ′ ° ′ 92 00 W.L. to 30 30 N.L., 96 00 W.L.; (c) The transmissions of each tele- ° ′ and then due southwest to 28 00 N.L., vision broadcast translator station ° ′ 98 30 W.L. shall be intended for direct reception ° ′ (2) On Channel 16: west of 86 40 W.L.; by the general public and any other use ° ′ east of 96 30 W.L.; and south of a line shall be incidental thereto. A tele- ° ′ extending due west from 31 00 N.L., vision broadcast translator station 86°40′W.L. to 31°00′N.L., 95°00′W.L. and ° ′ shall not be operated solely for the pur- then due southwest to 29 30 N.L., pose of relaying signals to one or more 96°30′W.L. fixed receiving points for retrans- (3) On Channel 17: west of 86°30′W.L.; mission, distribution, or further relay- east of 96°00′W.L.; and south of a line ing. extending due west from 31°00′N.L., 86°30′W.L. to 31°30′N.L., 94°00′W.L. and (d) The technical characteristics of then due southwest to 29°30′N.L., the retransmitted signals shall not be 96°00′W.L. deliberately altered so as to hinder re- (4) On Channel 18: west of 87°00′W.L.; ception on conventional television east of 95°00′W.L.; and south of broadcast receivers. 31°00′N.L. (e) A television broadcast translator station shall not deliberately re- [47 FR 21499, May 18, 1982, as amended at 50 transmit the signals of any station FR 12027, Mar. 27, 1985; 50 FR 33942, Aug. 22, other than the station it is authorized 1985] by license to retransmit. Precautions § 74.731 Purpose and permissible serv- shall be taken to avoid unintentional ice. retransmission of such other signals. (a) Television broadcast translator (f) A locally generated radio fre- stations and television broadcast quency signal similar to that of a TV booster stations provide a means broadcast station and modulated with whereby the signals of television visual and aural information may be broadcast stations may be retrans- connected to the input terminals of a mitted to areas in which direct recep- television broadcast translator or low tion of such television broadcast sta- power station for the purposes of trans- tions is unsatisfactory due to distance mitting still photographs, slides and or intervening terrain barriers. voice announcements. The radio fre- (b) Except as provided in paragraph quency signals shall be on the same (f) of this section, a television broad- channel as the normally used off-the- cast translator station or television air signal being rebroadcast. When broadcast booster station may be used transmitting originations concerning only to receive the signals of a tele- financial support or public service an- vision broadcast station, another tele- nouncements, connection of the locally vision broadcast translator station, a generated signals shall be made auto- television translator relay station, a matically either by means of a time television intercity relay station, a tel- switch or upon receipt of a control sig- evision STL station, or other suitable nal from the TV station being rebroad- source such as a CARS or common car- cast designed to actuate the switching rier microwave station, for the simul- circuit. The switching circuit will be so taneous retransmission of the pro- designed that the input circuit will be grams and signals of a television broad- returned to the off-the-air signal with- cast station. Such retransmissions may in 30 seconds. The connection for emer- be accomplished by either: gency transmissions may be made

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manually. The apparatus used to gen- mary station nor may the predicted erate the local signal which is used to Grade B signal of the television booster modulate the translator or low power station extend beyond the predicted station must be capable of producing a Grade B contour of the primary sta- visual or aural signal or both which tion. A television broadcast booster will provide acceptable reception on station is authorized to retransmit television receivers designed for the only the signals of its primary station; transmission standards employed by it shall not retransmit the signals of TV broadcast stations. The visual and any other stations nor make inde- aural materials so transmitted shall be pendent transmissions. However, lo- limited to emergency warnings of im- cally generated signals may be used to minent danger, to local public service excite the booster apparatus for the announcements and to seeking or ac- purpose of conducting tests and meas- knowledging financial support deemed urements essential to the proper in- necessary to the continued operation of stallation and maintenance of the ap- the station. Accordingly, the origina- paratus. tions concerning financial support and (k) The transmissions of a television PSAs are limited to 30 seconds each, no broadcast booster station shall be in- more than once per hour. Acknowl- tended for direct reception by the gen- edgements of financial support may in- eral public. Such stations will not be clude identification of the contribu- permitted to establish a point-to-point tors, the size and nature of the con- television relay system. tribution and advertising messages of contributors. Emergency transmissions [28 FR 13722, Dec. 14, 1963, as amended at 43 shall be no longer or more frequent FR 1951, Jan. 13, 1978; 47 FR 21499, May 18, than necessary to protect life and prop- 1982; 47 FR 40172, Sept. 13, 1982; 48 FR 21487, erty. May 12, 1983; 52 FR 31404, Aug. 20, 1987] (g) Low power TV stations may oper- § 74.732 Eligibility and licensing re- ate under the following modes of serv- quirements. ice: (1) As a TV translator station, sub- (a) A license for a low power TV or ject to the requirements of this part; TV translator station may be issued to (2) For origination of programming any qualified individual, organized and commercial matter as defined in group of individuals, broadcast station § 74.701(f); licensee, or local civil governmental (3) For the transmission of subscrip- body. tion television broadcast (STV) pro- (b) More than one low power TV or grams, intended to be received in intel- TV translator station may be licensed ligible form by members of the public to the same applicant whether or not for a fee or charge subject to the provi- such stations serve substantially the sions of §§ 73.642(e) and 73.644. same area. Low power TV and TV (h) A low power TV station may not translator stations are not counted for be operated solely for the purpose of re- purposes of § 73.3555, concerning mul- laying signals to one or more fixed re- tiple ownership. ceiving points for retransmission, dis- (c) Only one channel will be assigned tribution or relaying. to each low power TV or TV translator (i) Low power TV stations are subject station. Additional low power or trans- to no minimum required hours of oper- lator stations may be authorized to ation and may operate in any of the 3 provide additional reception. A sepa- modes described in paragraph (g) of rate application is required for each this section for any number of hours. station and each application must be (j) Television broadcast booster sta- complete in all respects. tions provide a means whereby the li- (d) The FCC will not act on applica- censee of a television broadcast station tions for new low power TV or TV may provide service to areas of low sig- translator stations, for changes in fa- nal strength in any region within the cilities of existing stations, or for primary station’s Grade B contour. The changes in output channel tendered by booster station may not be located out- displaced stations pursuant to side the predicted Grade B of its pri- § 73.3572(a)(1), when such changes will

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result in a major change until the ap- is maintained between the input and plicable time for filing a petition to output circuits to prevent unstable op- deny has passed pursuant to § 73.3584(c). eration. (e) A proposal to change the primary (d) The installation of the apparatus TV station being retransmitted or an and its associated receiving and trans- application of a licensed translator sta- mitting antennas shall be in accord- tion to include low power TV station ance with accepted principles of good operation, i.e., program origination or engineering practice. Either hori- subscription service will be subject zontal, vertical, or circular polariza- only to a notification requirement. tion of the electric field of the radiated (f) Applications for transfer of owner- signal may be employed. If the isola- ship or control of a low power TV or tion between the input and output cir- TV translator station will be subject to cuits depends in part upon the polariza- petitions to deny. tion or directive properties of the (g) A television broadcast booster transmitting and receiving antennas, station will be authorized only to the the installation shall be sufficiently licensee or permittee of the television rugged to withstand the normal haz- station whose signals the booster will ards of the environment. rebroadcast, to areas within the Grade (e) The operation of a UHF translator B contour of the primary station. signal booster is subject to the condi- (h) No numerical limit is placed on tion that no harmful interference is the number of booster stations that caused to the reception of any station, may be licensed to a single licensee. A broadcast or non-broadcast, other than separate license is required for each the parent translator. The licensee of television broadcast booster station. the UHF translator signal booster is [47 FR 21499, May 18, 1982, as amended at 48 expected to use reasonable diligence to FR 21487, May 12, 1983; 49 FR 20504, May 15, minimize interference to the direct re- 1984; 52 FR 7423, Mar. 11, 1987; 52 FR 10571, ception of the parent translator sta- Apr. 2, 1987; 52 FR 31404, Aug. 20, 1987] tion. (f) UHF translator signal boosters § 74.733 UHF translator signal boost- may be operated unattended. Repairs ers. and adjustments shall be made by a (a) The licensee of a UHF television qualified person. The required quali- broadcast translator station may be fications are set forth in § 74.750 (g) and authorized to operate one or more sig- (h). nal boosters for the purpose of pro- (g) An individual call sign will not be viding reception to small shadowed assigned to a UHF translator booster areas within the area intended to be station. The retransmission of the call served by the translator. sign of the parent translator will serve (b) The transmitting apparatus shall as station identification. consist of a simple linear radio fre- (h) Applications for authority to con- quency amplifier, with one or more struct and operate a UHF translator amplifying stages, which is capable of signal booster shall be submitted on receiving, amplifying, and retransmit- FCC Form 346A. No construction of fa- ting the signals of the parent trans- cilities or installation of apparatus at lator without significantly altering the proposed transmitter site shall be any electrical characteristic of the re- made until a construction permit ceived signal other than its amplitude. therefor has been issued by the Com- The maximum power input to the plate mission. of the final radio frequency amplifier (i) The provisions of § 74.765 con- shall not exceed 5 watts. cerning posting of station license shall (c) The amplifier shall be equipped apply to a UHF translator signal boost- with suitable circuits which will auto- er except that the parent UHF trans- matically cause it to cease radiating if lator call sign, followed by the word no signal is being received from the ‘‘Booster’’, shall be displayed at the parent translator station. Care shall be signal booster site. taken in the design of the apparatus to (j) The provisions of §§ 74.767 and insure that out-of-band radiation is not 74.781 concerning marking and lighting excessive and that adequate isolation of antenna structures and station

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records, respectively, apply to UHF (b) An application for authority to translator signal boosters. construct a new low power TV station (when rebroadcasting the programs of NOTE: Effective July 11, 1975, no new UHF signal boosters will be authorized. Licensees another station) or TV translator sta- of such existing boosters may make application or to make changes in the facili- tion for renewal of license or change in fa- ties of an authorized station, and that cilities on the applicable FCC forms for Tele- proposes unattended operation, shall vision Broadcast Translator Stations (Form include an adequate showing as to the 346, for construction permits; 347, for license manner of compliance with this sec- to cover construction permit; and 303-S, for tion. renewal of license). Report and Order, Dock- et No. 20372. May 28, 1975. [47 FR 21500, May 18, 1982, as amended at 48 [28 FR 13722, Dec. 14, 1963, as amended at 40 FR 21487, May 12, 1983; 60 FR 55483, Nov. 1, FR 25022, June 12, 1975; 59 FR 63052, Dec. 7, 1995; 63 FR 33878, June 22, 1998; 67 FR 13233, 1994] Mar. 21, 2002]

§ 74.734 Attended and unattended op- § 74.735 Power limitations. eration. (a) The maximum peak effective radi- (a) Low power TV, TV translator, and ated power (ERP) of an analog low TV booster stations may be operated power TV, TV translator, or TV boost- without a designated person in attend- er station shall not exceed: ance if the following requirements are (1) 3 kW for VHF channels 2–13; and met: (2) 150 kW for UHF channels 14–69. (1) If the transmitter site cannot be (b) The maximum ERP of a digital promptly reached at all hours and in low power TV, TV translator, or TV all seasons, means shall be provided so booster station (average power) shall that the transmitting apparatus can be not exceed: turned on and off at will from a point (1) 300 watts for VHF channels 2–13; that readily is accessible at all hours and and in all seasons. (2) 15 kW for UHF channels 14–69. (2) The transmitter also shall be (c) The limits in paragraphs (a) and equipped with suitable automatic cir- (b) apply separately to the effective ra- cuits that will place it in a nonradi- diated powers that may be obtained by ating condition in the absence of a sig- the use of horizontally or vertically po- nal on the input channel or circuit. larized transmitting antennas, pro- (3) The transmitting and the ON/OFF viding the applicable provisions of control, if at a location other than the §§ 74.705, 74.706, 74.707 and 74.709 are transmitter site, shall be adequately met. For either omnidirectional or di- protected against tampering by unau- rectional antennas, where the ERP val- thorized persons. ues of the vertically and horizontally (4) A letter notification must be filed polarized components are not of equal with the FCC in Washington, DC, At- strength, the ERP limits shall apply to tention: Video Division, Media Bureau, the polarization with the larger ERP. providing the name, address, and tele- Applications proposing the use of direc- phone number of a person or persons tional antenna systems must be accom- who may be called to secure suspension panied by the following: of operation of the transmitter prompt- (1) Complete description of the pro- ly should such action be deemed nec- posed antenna system, including the essary by the FCC. Such information manufacturer and model number of the shall be kept current by the licensee. proposed directional antenna. It is not (5) In cases where the antenna and acceptable to label the antenna with supporting structure are considered to only a generic term such as ‘‘Yagi’’ or be a hazard to air navigation and are ‘‘Dipole’’. A specific model number required to be painted and lighted must be provided. In the case of indi- under the provisions of part 17 of the vidually designed antennas with no Rules, the licensee shall make suitable model number, or in the case of a com- arrangements for the daily observa- posite antenna composed of two or tions, when required, and lighting more individual antennas, the antenna equipment inspections required by should be described as a ‘‘custom’’ or §§ 17.37 and 17.38 of the FCC rules. ‘‘composite’’ antenna, as appropriate.

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A full description of the design of the (b) Standard width television chan- antenna should also be submitted. nels will be assigned and the transmit- (2) Relative field horizontal plane ting apparatus shall be operated so as pattern (horizontal polarization only) to limit spurious emissions to the low- of the proposed directional antenna. A est practicable value. Any emissions value of 1.0 should be used for the max- including intermodulation products imum radiation. The plot of the pat- and radio frequency harmonics which tern should be oriented so that 0° cor- are not essential for the transmission responds to the maximum radiation of of the desired picture and sound infor- the directional antenna or, alter- mation shall be considered to be spu- natively in the case of a symmetrical rious emissions. pattern, to the line of symmetry. The (c) Any emissions appearing on fre- 0° on the plot should be referenced to quencies more than 3 MHz above or the actual azimuth with respect to true below the upper and lower edges, re- North. spectively, of the assigned channel (3) A tabulation of the relative field shall be attenuated no less than: pattern required in paragraph (c)(2), of (1) 30 dB for transmitters rated at no this section. The tabulation should use more than 1 watt power output. the same zero degree reference as the (2) 50 dB for transmitters rated at plotted pattern, and be tabulated at more than 1 watt power output. least every 10°. In addition, tabulated (3) 60 dB for transmitters rated at values of all maximas and minimas, more than 100 watts power output. with their corresponding azimuths, (d) Greater attenuation than that should be submitted. specified in paragraph (c) of this sec- (4) All horizontal plane patterns tion may be required if interference re- must be plotted to the largest scale sults from emissions outside the as- possible on unglazed letter-size polar signed channel. coordinate paper (main engraving ap- [28 FR 13722, Dec. 14, 1963, as amended at 33 proximately 18 cm x 25 cm (7 inches x FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, 10 inches)) using only scale divisions 1971; 47 FR 21500, May 18, 1982; 52 FR 31404, and subdivisions of 1, 2, 2.5 or 5 times Aug. 20, 1987] 10-nth. Values of field strength on any pattern less than 10% of the maximum § 74.737 Antenna location. field strength plotted on that pattern (a) An applicant for a new low power must be shown on an enlarged scale. TV, TV translator, or TV booster sta- (5) The horizontal plane patterns tion or for a change in the facilities of that are required are the patterns for an authorized station shall endeavor to the complete directional antenna sys- select a site that will provide a line-of- tem. In the case of a composite an- sight transmission path to the entire tenna composed of two or more indi- area intended to be served and at which vidual antennas, this means that the there is available a suitable signal patterns for the composite antenna from the primary station, if any, that composed of two or more individual an- will be retransmitted. tennas, not the patterns for each of the (b) The transmitting antenna should individual antennas, must be sub- be placed above growing vegetation and mitted. trees lying in the direction of the area [30 FR 8847, July 14, 1965, as amended at 41 intended to be served, to minimize the FR 28267, July 9, 1976; 47 FR 21500, May 18, possibility of signal absorption by foli- 1982; 48 FR 21487, May 12, 1983; 52 FR 7423, age. Mar. 11, 1987; 52 FR 31404, Aug. 20, 1987; 58 FR (c) A site within 8 kilometers of the 44951, Aug. 25, 1993; 62 FR 26722, May 14, 1997] area intended to be served is to be preferred if the conditions in paragraph (a) § 74.736 Emissions and bandwidth. of this section can be met. (a) The license of a low power TV, TV (d) Consideration should be given to translator, or TV booster station au- the accessibility of the site at all sea- thorizes the transmission of the visual sons of the year and to the availability signal by amplitude modulation (A5) of facilities for the maintenance and and the accompanying aural signal by operation of the transmitting equip- frequency modulation (F3). ment.

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(e) The transmitting antenna should mitter, shall be attenuated no less be located as near as is practical to the than 60 dB below the peak visual out- transmitter to avoid the use of long put power within the assigned channel. transmission lines and the associated All other emissions appearing on fre- power losses. quencies more than 3 megacycles above (f) Consideration should be given to or below the upper and lower edges, re- the existence of strong radio frequency spectively, of the assigned channel fields from other transmitters at the shall be attenuated no less than: site of the transmitting equipment and (i) 30 dB for transmitters rated at no the possibility that such fields may re- more than 1 watt power output. sult in the retransmissions of signals (ii) 50 dB for transmitters rated at originating on frequencies other than more than 1 watt power output. that of the primary station being re- (iii) 60 dB for transmitters rated at broadcast. more than 100 watts power output. [47 FR 21500, May 18, 1982, as amended at 52 (3) When subjected to variations in FR 31404, Aug. 20, 1987] ambient temperature between minus 30 degrees and plus 50 degrees Centigrade § 74.750 Transmission system facilities. and variations in power main voltage (a) A low power TV, TV translator, or between 85 percent and 115 percent of TV booster station shall operate with a rated power supply voltage, the local transmitter that is either certificated oscillator frequency stability shall for licensing under the provisions of maintain the operating frequency with- this subpart or type notified for use in: under part 73 of this chapter. (i) 0.02 percent of its rated frequency (b) Transmitting antennas, antennas for transmitters rated at no more than used to receive the signals to be re- 100 watts peak visual power. broadcast, and transmission lines are (ii) 0.002 percent of the rated fre- not certificated by the FCC. External quency for transmitters rated at more preamplifiers also may be used pro- than 100 watts peak visual power. vided that they do not cause improper (iii) Plus or minus 1 kHz of its rated operation of the transmitting equip- frequency for transmitters to be used ment, and use of such preamplifiers is at stations employing offset carrier not necessary to meet the provisions of frequency operation. paragraph (c) of this section. (4) The apparatus shall contain auto- (c) The following requirements must matic circuits which will maintain the be met before low power TV and TV peak visual power output constant translator transmitters will be certifi- within 2 dB when the strength of the cated by the FCC: input signal is varied over a range of 30 (1) The equipment shall be so de- dB and which will not permit the peak signed that the electrical characteris- visual power output to exceed the max- tics of a standard television signal in- imum rated power output under any troduced into the input terminals will condition. If a manual adjustment is be maintained at the output. The over- provided to compensate for different all response of the apparatus within its average signal strengths, provision assigned channel, when operating at its shall be made for determining the rated power output and measured at proper setting for the control, and if the output terminals, shall provide a improper adjustment of the control smooth curve, varying within limits could result in improper operation, a separated by no more than 4 dB: label shall be affixed at the adjustment Provided, however, That means may be control bearing a suitable warning. provided to reduce the amplitude of the (5) The apparatus must be equipped aural carrier below those limits, if nec- with automatic controls that will place essary to prevent intermodulation it in a non-radiating condition when no which would mar the quality of the re- signal is being received on the input transmitted picture or result in emis- channel, either due to absence of a sions outside of the assigned channel. transmitted signal or failure of the re- (2) Radio frequency harmonics of the ceiving portion of the facilities used visual and aural carriers, measured at for rebroadcasting the signal of an- the output terminals of the trans- other station. The automatic control

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may include a time delay feature to (2) The stability of the equipment prevent interruptions caused by fading shall be sufficient to maintain the op- or other momentary failures of the in- erating frequency of the aural carrier coming signal. to 4.5 MHz ± 1kHz above the visual car- (6) The tube or tubes employed in the rier when subjected to variations in final radio frequency amplifier shall be ambient temperature between 30° and of the appropriate power rating to pro- +50° centigrade and variations in power vide the rated power output of the main voltage between 85 and 115 per- translator. The normal operating con- cent of rated power supply voltage. stants for operation at the rated power (e) Certification will be granted only output shall be specified. The appa- upon a satisfactory showing that the ratus shall be equipped with suitable apparatus is capable of meeting the re- meters or meter jacks so that appro- quirements of paragraphs (c) and (d) of priate voltage and current measure- this section. The following procedures ments may be made while the appa- shall apply: ratus is in operation. (1) Any manufacturer of apparatus (7) The transmitters of over 0.001 kW intended for use at low power TV, TV peak visual power (0.002 kW when cir- translator, or TV booster stations may cularly polarized antennas are used) request certification by following the shall be equipped with an automatic procedures set forth in part 2, subpart keying device that will transmit the J, of this chapter. call sign of the station, in Inter- (2) Low power TV, TV translator, and national Morse Code, at least once each TV booster transmitting apparatus hour during the time the station is in that has been certificated by the FCC operation when operating in the trans- will normally be authorized without lator mode retransmitting the pro- additional measurements from the ap- gramming of a TV broadcast station. plicant or licensee. However, the identification by Morse (3) Applications for certification of Code is not required if the licensee of modulators to be used with existing the low power TV or TV translator sta- certificated TV translator apparatus tion has an agreement with the TV must include the specifications elec- broadcast station being rebroadcast to trical and mechanical interconnecting transmit aurally or visually the low requirements for the apparatus with power TV or TV translator station call which it is designed to be used. as provided for in § 74.783. Transmission (4) Other rules concerning certifi- of the call sign can be accomplished by: cation, including information regard- (i) Frequency shift keying; the aural ing withdrawal of type acceptance, and visual carrier shift shall not be less modification of certificated equipment than 5 kHz or greater than 25 kHz. and limitations on the findings upon (ii) Amplitude modulation of the which certification is based, are set aural carrier of at least 30% modula- forth in part 2, subpart J, of this chap- tion. The audio frequency tone used ter. shall not be within 200 hertz of the (f) The transmitting antenna system Emergency Broadcast System Atten- may be designed to produce horizontal, tion Signal alerting frequencies. vertical, or circular polarization. (8) Wiring, shielding, and construc- (g) Low power TV, TV translator, or tion shall be in accordance with ac- TV booster stations installing new cer- cepted principles of good engineering tificated transmitting apparatus incor- practice. porating modulating equipment need (d) Low power TV, TV translator and not make equipment performance transmitting equipment using a modu- measurements and shall so indicate on lation process for either program origi- the station license application. Sta- nation or rebroadcasting TV booster tions adding new or replacing modu- transmitting equipment using a modulating equipment in existing low power lation process must meet the following TV, TV translator, or TV booster sta- requirements: tion transmitting apparatus must have (1) The equipment shall meet the re- a qualified person examine the trans- quirements of paragraphs (a)(1) and mitting system after installation. This (b)(3) of § 73.687. person must certify in the application

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for the station license that the trans- would (i) be in excess of 152.4 meters mitting equipment meets the require- (500 feet), or (ii) require notice to the ments of paragraph (d)(1) of this sec- Federal Aviation Administration pur- tion. A report of the methods, measure- suant to § 17.7 of the FCC’s Rules. ments, and results must be kept in the (5) A change in frequency assign- station records. However, stations in- ment. stalling modulating equipment solely (6) Any changes in the location of the for the limited local origination of sig- transmitter except within the same nals permitted by § 74.731 need not com- building or upon the same pole or ply with the requirements of this para- tower. graph. (7) A change of authorized operating [28 FR 13722, Dec. 14, 1963, as amended at 33 power. FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, (c) Other equipment changes not spe- 1971; 37 FR 25844, Dec. 5, 1972; 41 FR 17552, cifically referred to in paragraphs (a) Apr. 27, 1976; 43 FR 1951, Jan. 13, 1978; 46 FR 35465, July 8, 1981; 47 FR 21500, May 18, 1982; and (b) of this section may be made at 47 FR 30496, July 14, 1982; 52 FR 31404, Aug. the discretion of the licensee, provided 20, 1987; 60 FR 55483, Nov. 1, 1995; 62 FR 26722, that the FCC in Washington, DC, At- May 14, 1997; 63 FR 36605, July 7, 1998] tention: Video Division, Media Bureau, is notified in writing upon the comple- § 74.751 Modification of transmission tion of such changes. systems. (d) Upon installation of new or re- (a) No change, either mechanical or placement transmitting equipment for electrical, may be made in apparatus which prior FCC authority is not re- which has been certificated by the quired under the provisions of this sec- Commission without prior authority of tion, the licensee must place in the sta- the Commission. If such prior author- tion records a certification that the ity has been given to the manufacturer new installation complies in all re- of certificated equipment, the manu- spects with the technical requirements facturer may issue instructions for of this part and the station authoriza- such changes citing its authority. In tion. such cases, individual licensees are not required to secure prior Commission [28 FR 13722, Dec. 14, 1963, as amended at 38 approval but shall notify the Commis- FR 6827, Mar. 13, 1973; 39 FR 38652, Nov. 1, sion when such changes are completed. 1974; 45 FR 26067, Apr. 17, 1980; 47 FR 21501, (b) Formal application (FCC Form May 18, 1982; 48 FR 41423, Sept. 15, 1983; 50 FR 346) is required for any of the following 23710, June 5, 1985; 52 FR 31405, Aug. 20, 1987; 63 FR 33879, June 22, 1998; 63 FR 36605, July 7, changes: 1998; 67 FR 13233, Mar. 21, 2002] (1) Replacement of the transmitter as a whole, except replacement with a § 74.761 Frequency tolerance. transmitter of identical power rating which has been certificated by the FCC The licensee of a low power TV, TV for use by low power TV, TV trans- translator, or TV booster station shall lator, and TV booster stations, or any maintain the transmitter output fre- change which could result in a change quencies as set forth below. The fre- in the electrical characteristics or per- quency tolerance of stations using di- formance of the station. rect frequency conversion of a received (2) Any change in the transmitting signal and not engaging in offset car- antenna system, including the direc- rier operation as set forth in paragraph tion of radiation, directive antenna (d) of this section will be referenced to pattern, antenna gain, transmission the authorized plus or minus 10 kHz line loss characteristics, or height of offset, if any, of the primary station. antenna center of radiation. (a) The visual carrier shall be main- (3) Any change in the overall height tained to within 0.02 percent of the as- of the antenna structure, except where signed visual carrier frequency for notice to the Federal Aviation Admin- transmitters rated at not more than istration is specifically not required 100 watts peak visual power. under § 17.14(b) of this chapter. (b) The visual carrier shall be main- (4) Any horizontal change of the loca- tained to within 0.002 percent of the as- tion of the antenna structure which signed visual carrier frequency for

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transmitters rated at more than 100 in Washington, DC, Attention: Video watts peak visual power. Division, Media Bureau, not later than (c) The aural carrier of stations em- the 10th day of discontinued operation. ploying modulating equipment shall be During such period, the licensee shall maintained at 4.5 MHz ±1 kHz above continue to adhere to the requirements the visual carrier frequency. in the station license pertaining to the (d) The visual carrier shall be main- lighting of antenna structures. In the tained to within 1 kHz of the assigned event normal operation is restored channel carrier frequency if the low prior to the expiration of the 30 day pe- power TV, TV translator, or TV boost- riod, the FCC in Washington, DC, At- er station is authorized with a specified tention: Video Division, Media Bureau, offset designation in order to provide shall be notified in writing of the date protection under the provisions of normal operations resumed. If causes § 74.705 or § 74.707. beyond the control of the licensee make it impossible to comply within [43 FR 1952, Jan. 13, 1978, as amended at 52 FR 31405, Aug. 20, 1987] the allowed period, a request for Spe- cial Temporary Authority (see § 73.1635 § 74.762 Frequency measurements. of this chapter) shall be made to the (a) The licensee of a low power TV FCC no later than the 30th day for such station, a TV translator, or a TV boost- additional time as may be deemed nec- er station must measure the carrier essary. (c) Failure of a low power TV, TV frequencies of its output channel as translator, or TV booster station to op- often as necessary to ensure operation erate for a period of 30 days or more, within the specified tolerances, and at except for causes beyond the control of least once each calendar year at inter- the licensee, shall be deemed evidence vals not exceeding 14 months. of discontinuation of operation and the (b) In the event that a low power TV, license of the station may be cancelled TV translator, or TV booster station is at the discretion of the FCC. Further- found to be operating beyond the fre- more, the station’s license will expire quency tolerance prescribed in § 74.761, as a matter of law, without regard to the licensee promptly shall suspend op- any causes beyond control of the li- eration of the transmitter and shall censee, if the station fails to transmit not resume operation until transmitter broadcast signals for any consecutive has been restored to its assigned fre- 12-month period, notwithstanding any quencies. Adjustment of the frequency provision, term, or condition of the li- determining circuits of the transmitter cense to the contrary. shall be made only by a qualified per- (d) A television broadcast translator son in accordance with § 74.750(g). station shall not be permitted to radi- [52 FR 31405, Aug. 20, 1987] ate during extended periods when signals of the primary station are not § 74.763 Time of operation. being retransmitted. (a) A low power TV, TV translator, or [28 FR 13722, Dec. 14, 1963, as amended at 52 TV booster station is not required to FR 7423, Mar. 11, 1987; 52 FR 31405, Aug. 20, adhere to any regular schedule of oper- 1987; 61 FR 28768, June 6, 1996; 63 FR 33879, ation. However, the licensee of a TV June 22, 1998; 67 FR 13233, Mar. 21, 2002] translator or TV booster station is expected to provide service to the extent § 74.765 Posting of station and oper- that such is within its control and to ator licenses. avoid unwarranted interruptions in the (a) The station license and any other service provided. instrument of authorization or indi- (b) In the event that causes beyond vidual order concerning the construc- the control of the low power TV or TV tion of the station or manner of oper- translator station licensee make it im- ation shall be kept in the station possible to continue operating, the li- record file so as to be available for in- censee may discontinue operation for a spection upon request of authorized period of not more than 30 days with- representatives of the FCC. out further authority from the FCC. (b) The call sign of the station, to- Notification must be sent to the FCC gether with the name, address, and

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telephone number of the licensee or Section 73.1216—Licensee conducted con- local representative of the licensee, if tests. the licensee does not reside in the com- Section 73.1510—Experimental authorizations. munity served by the station, and the Section 73.1515—Special field test authoriza- name and address of the person and tions. place where the station records are Section 73.1615—Operation during modifica- maintained, shall be displayed at the tions of facilities. transmitter site on the structure sup- Section 73.1635—Special temporary author- porting the transmitting antenna, so izations (STA). as to be visible to a person standing on Section 73.1650—International broadcasting the ground. The display shall be main- agreements. Section 73.1680—Emergency antennas. tained in legible condition by the li- Section 73.1692—Construction near or instal- censee. lations on an AM broadcast tower. Section 73.1940—Broadcasts by candidates for [47 FR 21502, May 18, 1982, as amended at 52 public office. FR 7423, Mar. 11, 1987; 60 FR 55483, Nov. 1, Section 73.2080—Equal employment opportu- 1995] nities (for low power TV stations only). Section 73.3500—Application and report § 74.769 Copies of rules. forms. The licensee or permittee of a station Section 73.3511—Applications required. authorized under this subpart shall Section 73.3512—Where to file; number of have a current copy of Volume I and copies. Section 73.3513—Signing of applications. Volume III of the Commission’s Rules. Section 73.3514—Content of applications. Each such licensee or permittee shall Section 73.3516—Specification of facilities. be familiar with those rules relating to Section 73.3517—Contingent applications. stations authorized under this subpart. Section 73.3518—Inconsistent or conflicting Copies of the Commission’s rules may applications. be obtained from the Superintendent of Section 73.3519—Repetitious applications. Documents, Government Printing Of- Section 73.3521—Mutually exclusive applica- fice, Washington, DC 20402. tions for low power TV and TV translator stations. [60 FR 55483, Nov. 1, 1995] Section 73.3522—Amendment of applications. Section 73.3525—Agreements for removing § 74.780 Broadcast regulations applica- application conflicts. ble to translators, low power, and Section 73.3533—Application for construction booster stations. permit or modification of construction permit. The following rules are applicable to Section 73.3534—Application for extension of TV translator, low power TV, and TV construction permit or for construction booster stations: permit to replace expired construction permit. Section 73.653—Operation of TV aural and Section 73.3536—Application for license to visual transmitters. cover construction permit. Section 73.658—Affiliation agreements and Section 73.3538 (a)(1)(3)(4), (b)(2)—Application network program practices; territorial to make changes in existing station. exclusivity in non-network program ar- Section 73.3539—Application for renewal of rangements. license. Part 73, Subpart G—Emergency Broadcast Section 73.3540—Application for voluntary System (for low power TV stations lo- assignment of transfer of control. cally originating programming as de- Section 73.3541—Application for involuntary fined by § 74.701(h)). assignment or transfer of control. Section 73.1201—Station identification (for Section 73.3542—Application for emergency low power TV stations locally origi- authorization. nating programming as defined by Section 73.3544—Application to obtain a § 74.701(h)). modified station license. Section 73.1206—Broadcast of telephone con- Section 73.3545—Application for permit to de- versations. liver programs to foreign stations. Section 73.1207—Rebroadcasts. Section 73.3550—Requests for new or modi- Section 73.1208—Broadcast of taped, filmed fied call sign assignments. or recorded material. Section 73.3561—Staff consideration of appli- Section 73.1211—Broadcast of lottery infor- cations requiring Commission action. mation. Section 73.3562—Staff consideration of appli- Section 73.1212—Sponsorship identifications; cations not requiring action by the Com- list retention, related requirements. mission.

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Section 73.3564—Acceptance of applications. mary station may be kept at the same Section 73.3566—Defective applications. place where the primary station Section 73.3568—Dismissal of applications. records are kept. The name of the per- Section 73.3572—Processing of TV broadcast, son keeping station records, together low power TV, and TV translator station applications. with the address of the place where the Section 73.3580—Local public notice of filing records are kept, shall be posted in ac- of broadcast applications. cordance with § 74.765(c) of the rules. Section 73.3584—Petitions to deny. The station records shall be made Section 73.3587—Informal objections. available upon request to any author- Section 73.3591—Grants without hearing. ized representative of the Commission. Section 73.3593—Designation for hearing. (d) Station logs and records shall be Section 73.3594—Local public notice of des- retained for a period of two years. ignation for hearing. Section 73.3597—Procedures on transfer and [48 FR 44806, Sept. 30, 1983, as amended at 52 assignment applications. FR 31405, Aug. 20, 1987] Section 73.3598—Period of construction. Section 73.3599—Forfeiture of construction § 74.783 Station identification. permit. (a) Each low power TV and TV trans- Section 73.3601—Simultaneous modification lator station not originating local pro- and renewal of license. Section 73.3603—Special waiver procedure gramming as defined by § 74.701(h) oper- relative to applications. ating over 0.001 kw peak visual power Section 73.3612—Annual employment report (0.002 kw when using circularly polar- (for low power TV stations only). ized antennas) must transmit its sta- Section 73.3613—Filing of contracts (network tion identification as follows: affiliation contracts for low power TV (1) By transmitting the call sign in stations only). International Morse Code at least once [52 FR 7423, Mar. 11, 1987, as amended at 52 each hour. This transmission may be FR 25867, July 9, 1987; 52 FR 31405, Aug. 20, accomplished by means of an auto- 1987; 56 FR 28099, June 19, 1991; 59 FR 31557, matic device as required by June 20, 1994; 62 FR 51063, Sept. 30, 1997] § 74.750(c)(7). Call sign transmission shall be made at a code speed not in ex- § 74.781 Station records. cess of 20 words per minute; or (a) The licensee of a low power TV, (2) By arranging for the primary sta- TV translator, or TV booster station tion, whose signal is being rebroadcast, shall maintain adequate station to identify the translator station by records, including the current instru- transmitting an easily readable visual ment of authorization, official cor- presentation or a clearly understand- respondence with the FCC, contracts, able aural presentation of the trans- permission for rebroadcasts, and other lator station’s call letters and location. pertinent documents. Two such identifications shall be made (b) Entries required by § 17.49 of this between 7 a.m. and 9 a.m. and 3 p.m. Chapter concerning any observed or and 5 p.m. each broadcast day at ap- otherwise known extinguishment or proximately one hour intervals during improper functioning of a tower light: each time period. Television stations (1) The nature of such extinguish- which do not begin their broadcast day ment or improper functioning. before 9 a.m. shall make these identi- (2) The date and time the extinguish- fications in the hours closest to these ment or improper operation was ob- time periods at the specified intervals. served or otherwise noted. (b) Licensees of television translators (3) The date, time and nature of ad- whose station identification is made by justments, repairs or replacements the television station whose signals are made. being rebroadcast by the translator, (c) The station records shall be main- must secure agreement with this tele- tained for inspection at a residence, of- vision station licensee to keep in its fice, or public building, place of busi- file, and available to FCC personnel, ness, or other suitable place, in one of the translator’s call letters and loca- the communities of license of the tion, giving the name, address and tele- translator or booster, except that the phone number of the licensee or his station records of a booster or trans- service representative to be contacted lator licensed to the licensee of the pri- in the event of malfunction of the

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translator. It shall be the responsi- § 74.784 Rebroadcasts. bility of the translator licensee to fur- (a) The term rebroadcast means the nish current information to the tele- reception by radio of the programs or vision station licensee for this purpose. other signals of a radio or television (c) A low power TV station shall station and the simultaneous or subse- comply with the station identification quent retransmission of such programs procedures given in § 73.1201 when lo- or signals for direct reception by the cally originating programming, as defined by § 74.701(h). The identification general public. procedures given in paragraphs (a) and (b) The licensee of a low power TV or (b) are to be used at all other times. TV translator station shall not re- (d) Call signs for low power TV and broadcast the programs of any other TV translator stations will be made up TV broadcast station or other station of the initial letter K or W followed by authorized under the provisions of this the channel number assigned to the Subpart without obtaining prior con- station and two additional letters. The sent of the station whose signals or use of the initial letter generally will programs are proposed to be retrans- follow the pattern used in the broad- mitted. The FCC, Attention: Video Di- cast service, i.e., stations west of the vision, Media Bureau, shall be notified Mississippi River will be assigned an of the call letters of each station re- initial letter K and those east, the let- broadcast, and the licensee of the low ter W. The two letter combinations fol- power TV or TV broadcast translator lowing the channel number will be as- station shall certify it has obtained signed in order and requests for the as- written consent from the licensee of signment of the particular combina- the station whose programs are being tions of letters will not be considered. retransmitted. The channel number designator for (c) A TV translator station may re- Channels 2 through 9 will be incor- broadcast only programs and signals porated in the call sign as a 2-digit that are simultaneously transmitted number, i.e., 02, 03, . . . ., so as to avoid by a TV broadcast station. similarities with call signs assigned to (d) A TV booster station may re- amateur radio stations. broadcast only programs and signals (e) Low power TV permittees or li- that are simultaneously transmitted censees may request that they be as- by the primary station to which it is signed four-letter call signs in lieu of authorized. the five-character alpha-numeric call (e) The provisions of § 73.1207 of part signs described in paragraph (d) of this 73 of this chapter apply to low power section. Parties requesting four-letter TV stations in transmitting any mate- call signs are to follow the procedures rial during periods of program origina- delineated in § 73.3550 of this chapter. tion obtained from the transmissions Such four-letter call signs shall begin of any other type of station. with K or W; stations west of the Mis- sissippi River will be assigned an ini- (Sec. 325, 48 Stat. 1091; 47 U.S.C. 325) tial letter K and stations east of the [28 FR 13722, Dec. 14, 1963, as amended at 47 Mississippi River will be assigned an FR 21502, May 18, 1982; 52 FR 31405, Aug. 20, initial letter W. The four-letter call 1987; 63 FR 33879, June 22, 1998; 67 FR 13234, sign will be followed by the suffix ‘‘- Mar. 21, 2002] LP.’’ (f) TV broadcast booster station shall § 74.785 Low power TV digital data be identified by their primary stations service pilot project. by broadcasting of the primary sta- Low power TV stations authorized tion’s call letters and location in ac- pursuant to the LPTV Digital Data cordance with the provisions of § 73.1201 Services Act (Public Law 106–554, 114 of this chapter. Stat. 4577, December 1, 2000) to partici- [41 FR 17552, Apr. 27, 1976, as amended at 47 pate in a digital data service pilot FR 21502, May 18, 1982; 52 FR 7424, Mar. 11, project shall be subject to the provi- 1987; 52 FR 31405, Aug. 20, 1987; 59 FR 31557, sions of the Commission Order imple- June 20, 1994; 63 FR 71604, Dec. 29, 1998] menting that Act. FCC 01–137, adopted

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April 19, 2001, as modified by the Com- distances unless otherwise authorized mission Order on Reconsideration, FCC by the FCC. (See § 73.609 for zone defini- 02–40, adopted February 12, 2002. tions.) [67 FR 9621, Mar. 4, 2002] (1) 54.000–72.000 MHz and 76.000–88.000 MHz: Subpart H—Low Power Auxiliary Zone I 105 km (65 miles) Stations Zones II and III 129 km (80 miles) (2) 174.000–216.000 MHz § 74.801 Definitions. Cable television system operator. A Zone I 97 km (60 miles) cable television operator is defined in Zones II and III 129 km (80 miles) § 76.5(cc) of the rules. (3) 480.000–608.000 MHz and 614.000— Low power auxiliary station. An auxil- 806.000 MHz iary station authorized and operated pursuant to the provisions set forth in All zones 113 km (70 miles) this subpart. Devices authorized as low (c) Specific frequency operation is re- power auxiliary stations are intended quired when operating within the to transmit over distances of approxi- bands allocated for TV broadcasting. mately 100 meters for uses such as (1) The frequency selection shall be wireless microphones, cue and control offset from the upper or lower band communications, and synchronization limits by 25 kHz or an integral mul- of TV camera signals. tiple thereof. Motion picture producer. Motion pic- (2) One or more adjacent 25 kHz seg- ture producer refers to a person or or- ments within the assignable fre- ganization engaged in the production quencies may be combined to form a or filming of motion pictures. channel whose maximum bandwidth Television program producer. Tele- shall not exceed 200 kHz. vision program producer refers to a (d) Low power auxiliary licensees person or organization engaged in the will not be granted exclusive frequency production of television programs. assignments. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) [52 FR 2535, Jan. 23, 1987] [42 FR 14729, March 16, 1977, as amended at 43 FR 14662, Apr. 7, 1978; 51 FR 4603, Feb. 6, 1986; § 74.803 Frequency selection to avoid 51 FR 9966, Mar. 24, 1986; 54 FR 41842, Oct. 12, interference. 1989] (a) Where two or more low power § 74.802 Frequency assignment. auxiliary licensees need to operate in the same area, the licensees shall en- (a) Frequencies within the following deavor to select frequencies or sched- bands may be assigned for use by low ule operation in such manner as to power auxiliary stations: avoid mutual interference. If a mutu- 26.100–26.480 MHz ally satisfactory arrangement cannot 54.000–72.000 MHz be reached, the Commission shall be 76.000–88.000 MHz notified and it will specify the fre- 161.625–161.775 MHz (except in Puerto Rico or quency or frequencies to be employed the Virgin Islands) 174.000–216.000 MHz by each licensee. 450.000–451.000 MHz (b) The selection of frequencies in the 455.000–456.000 MHz bands allocated for TV broadcasting for 470.000–488.000 MHz use in any area shall be guided by the 488.000–494.000 MHz (except Hawaii) need to avoid interference to TV broad- 494.000–608.000 MHz cast reception. In these bands, low 614.000–806.000 MHz power auxiliary station usage is sec- 944.000–952.000 MHz ondary to TV broadcasting and land (b) Operations in the bands allocated mobile stations operating in the UHF– for TV broadcasting, listed below, are TV spectrum and must not cause harm- limited to locations removed from ex- ful interference. If such interference isting co-channel TV broadcast sta- occurs, low power auxiliary station op- tions by not less than the following eration must immediately cease and

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may not be resumed until the inter- tribution Service and Multichannel ference problem has been resolved. Multipoint Distribution Service as defined in § 21.2 of this chapter, or enti- [42 FR 14729, Mar. 16, 1977, as amended at 52 FR 2535, Jan. 23, 1987] ties that hold an executed lease agreement with an MDS or MMDS licensee § 74.831 Scope of service and permis- or conditional licensee or with an In- sible transmissions. structional Television Fixed Service li- The license for a low power auxiliary censee or permittee. station authorizes the transmission of (b) An application for a new or re- cues and orders to production per- newal of low power auxiliary license sonnel and participants in broadcast shall specify the frequency band or programs and motion pictures and in bands desired. Only those frequency the preparation therefor, the trans- bands necessary for satisfactory oper- mission of program material by means ation shall be requested. of a wireless microphone worn by a per- (c) Licensees of AM, FM, TV, and former and other participants in a pro- International broadcast stations; low gram or motion picture during re- power TV stations; and broadcast net- hearsal and during the actual broad- work entities may be authorized to op- cast, filming, or recording, or the erate low power auxiliary stations in transmission of comments, interviews, the frequency bands set forth in and reports from the scene of a remote § 74.802(a). broadcast. Low power auxiliary sta- (d) Cable television operations, mo- tions operating in the 944–952 MHz band tion picture and television program may, in addition, transmit synchro- producers may be authorized to operate nizing signals and various control sig- low power auxiliary stations only in nals to portable or hand-carried TV the bands allocated for TV broad- cameras which employ low power radio casting. signals in lieu of cable to deliver pic- (e) An application for low power aux- ture signals to the control point at the iliary stations or for a change in an ex- scene of a remote broadcast. isting authorization shall specify the broadcast station, combination of such [42 FR 14729, Mar. 16, 1977, as amended at 51 FR 4603, Feb. 6, 1986] stations, or the network with which the low power broadcast auxiliary fa- § 74.832 Licensing requirements and cilities are to be principally used as procedures. given in paragraph (h) of this section; (a) A license authorizing operation of or it shall specify the motion picture one or more low power auxiliary sta- or television production company or tions will be issued only to the fol- the cable television operator with lowing: which the low power broadcast auxil- (1) A licensee of an AM, FM, TV, or iary facilities are to be solely used. A International broadcast station or low single application, filed in duplicate on power TV station. Low power auxiliary FCC Form 313 may be used in applying stations will be licensed for used with a for the authority to operate one or specific broadcast or low power TV sta- more low power auxiliary units. The tion or combination of stations li- application must specify the number of censed to the same licensee within the units to be operated and the frequency same community. bands which will be used. Motion pic- (2) A broadcast network entity. ture producers, television program pro- (3) A cable television system operator ducers, and cable television operators who operates a cable system that pro- are required to attach a single sheet to duces program material for origination their application form explaining in de- or access cablecasting, as defined in tail the manner in which the eligibility § 76.5(r). requirements given in paragraph (a) of (4) Motion picture producers as de- this section are met. fined in § 74.801. (f) Applications for the use of the (5) Television program producers as bands allocated for TV broadcasting defined in § 74.801. must specify the usual area of oper- (6) Licensees and conditional licens- ation within which the low power aux- ees of stations in the Multipoint Dis- iliary station will be used. This area of

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operation may, for example, be speci- (j) The license shall be retained in fied as the metropolitan area in which the licensee’s files at the address the broadcast licensee serves, or the shown on the authorization, posted at usual area within which motion picture the transmitter, or posted at the con- and television producers are operating. trol point of the station. Because low power auxiliary stations [42 FR 14729, Mar. 16, 1977, as amended at 47 operating in these bands will only be FR 9221, Mar. 4, 1982; 47 FR 21503, May 18, permitted in areas removed from exist- 1982; 47 FR 55938, Dec. 14, 1982; 51 FR 4603, ing co-channel TV broadcast stations, Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 52 FR licensees have full responsibility to en- 2535, Jan. 23, 1987; 55 FR 46012, Oct. 31, 1990; sure that operation of their stations 58 FR 19776, Apr. 16, 1993] does not occur at distances less than those specified in § 74.802(b). § 74.833 Temporary authorizations. (g) Low power auxiliary licenses will (a) Special temporary authority may specify the minimum and maximum be granted for low power auxiliary sta- number of units that may be operated tion operation which cannot be con- as follows: from 1 to 5 stations; from 4 ducted in accordance with § 74.24. Such to 12 stations; from 10 to 24 stations; authority will normally be granted from 20 to 50 stations; 45 or more sta- only for operations of a temporary na- tions. ture. Where operation is seen as likely (h) For broadcast licensees, low on a continuing annual basis, an appli- power auxiliary stations will be li- cation for a regular authorization censed for use with a specific broadcast should be submitted. station or combination of broadcast (b) A request for special temporary stations licensed to the same licensee authority for the operation of a low and to the same community. Licensing power auxiliary station may be made of low power auxiliary stations for use by informal application, which shall be with a specific broadcast station or filed with the Commission in Wash- combination of such stations does not ington at least 10 days prior to the date preclude their use with other broadcast of the proposed operation: Provided, stations of the same or a different li- That, an application filed within less censee at any location. Operation of than 10 days of the proposed operation low power auxiliary stations outside may be accepted upon a satisfactory the area of operation specified in the showing of the reasons for the delay in authorization, or in other bands is per- submitting the request. mitted without further authority of (c) An informal request for special the Commission. However, operation of temporary authority requiring pay- low power auxiliary stations shall, at ment of a fee shall be addressed to the all times, be in accordance with the re- FCC at Federal Communications Com- quirements of § 74.882 of this subpart. mission, Broadcast Auxiliary Radio Also, a low power auxiliary station Services, P.O. Box 358700, Pittsburgh, that is being used with a broadcast sta- PA 15251–5700. An informal request for tion or network other than one with special temporary authority not re- which it is licensed, must, in addition quiring payment of a fee shall be ad- to meeting the requirements of § 74.861 dressed to the FCC at Federal Commu- of this subpart, not cause harmful in- nications Commission, 1270 Fairfield terference to another low power auxil- Road, Gettysburg, Pennsylvania 17325. iary station which is being used with All requests must include full particu- the broadcast station(s) or network lars including: Applicant’s name, state- with which it is licensed. ment of eligibility, call letters of asso- (i) In case of permanent discontinu- ciated broadcast station or stations, if ance of operation of a station licensed any, name and address of individual under this subpart, the licensee shall designated to receive the return tele- forward the station license to the Fed- gram, type and manufacturer of equip- eral Communications Commission, ment, power output, emission, fre- Broadcast Auxiliary Radio Services, quency or frequencies proposed to be 1270 Fairfield Road, Gettysburg, Penn- used, commencement and termination sylvania 17325 for cancellation. date, location of proposed operation,

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and purpose for which request is made ant to an application accepted for fil- including any particular justification. ing prior to December 1, 1977 may con- (d) A request for special temporary tinue to be used by the licensee or its authority shall specify a frequency successors or assignees: Provided, how- band consistent with the provisions of ever, If operation of such equipment § 74.802: Provided, That, in the case of causes harmful interference due to its events of wide-spread interest and im- failure to comply with the technical portance which cannot be transmitted standards set forth in this subpart, the successfully on these frequencies, fre- Commission may, at its discretion, re- quencies assigned to other services quire the licensee to take such correc- may be requested upon a showing that tive action as is necessary to eliminate operation thereon will not cause inter- the interference. ference to established stations: And (e) Each instrument of authority provided further, In no case will oper- which permits operation of a low power ation of a low power auxiliary broad- auxiliary station using equipment cast station be authorized on frequencies employed for the safety of life which has not been certificated will and property. specify the particular transmitting (e) The user shall have full control equipment which the licensee is au- over the transmitting equipment dur- thorized to use. ing the period it is operated. (f) All transmitters marketed for use (f) Special temporary authority to under this subpart shall be certificated permit operation of low power auxil- by the Federal Communications Com- iary stations pending Commission ac- mission for this purpose. (Refer to sub- tion on an application for regular au- part I of part 2 of the Commission’s thority will not normally be granted. rules and regulations.) [42 FR 14729, Mar. 16, 1977, as amended at 47 (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) FR 9221, Mar. 4, 1982; 47 FR 55939, Dec. 14, 1982; 58 FR 19776, Apr. 16, 1993] [42 FR 14729, Mar. 16, 1977, as amended at 42 FR 43637, Aug. 22, 1977; 43 FR 13576, Mar. 31, § 74.851 Certification of equipment. 1978; 63 FR 36605, July 7, 1998] (a) Applications for new low power § 74.852 Equipment changes. auxiliary stations will not be accepted unless the transmitting equipment (a) The licensee of a low power auxil- specified therein has been certificated iary station may make any changes in for use pursuant to provisions of this the equipment that are deemed desir- subpart. able or necessary, including replace- (b) Any manufacturer of a trans- ment with certificated equipment, mitter to be used in this service may without prior Commission approval: apply for certification for such trans- Provided, The proposed changes will not mitter following the certification pro- depart from any of the terms of the cedure set forth in part 2 of the Com- station authorization or the Commis- mission’s Rules and Regulations. At- sion’s technical rules governing this tention is also directed to part 1 of the service: And provided further, That any Commission’s Rules and Regulations changes made to certificated trans- which specifies the fees required when mitted equipment shall be in compli- filing an application for certification. ance with the provisions of part 2 of (c) An applicant for a low power aux- the Commission’s rules and regulations iliary station may also apply for cer- concerning modification of certificated tification for an individual transmitter equipment. by following the certification proce- (b) Any equipment changes made pur- dure set forth in part 2 of the Commis- suant to paragraph (a) of this section sion’s Rules and Regulations. The ap- shall be set forth in the next applica- plication for certification must be action for renewal of license. companied by the proper fees as prescribed in part 1 of the Commission’s (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) Rules and Regulations. [42 FR 14729, Mar. 16, 1977, as amended at 43 (d) Low power auxiliary station FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, equipment authorized to be used pursu- 1998]

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§ 74.861 Technical requirements. (ii) 470–608 and 614–806 MHz bands—250 mW (a) Transmitter power is the power at the transmitter output terminals and (2) Transmitters may be either crys- delivered to the antenna, antenna tal controlled or frequency syn- transmission line, or any other imped- thesized. ance-matched, radio frequency load. (3) Any form of modulation may be For the purpose of this subpart, the used. A maximum deviation of ±75 kHz transmitter power is the carrier power. is permitted when frequency modula- (b) Each authorization for a new low tion is employed. power auxiliary station shall require (4) The frequency tolerance of the the use of certificated equipment. Such transmitter shall be 0.005 percent. equipment shall be operated in accord- (5) The operating bandwidth shall not ance with the emission specifications exceed 200 kHz. included in the certification grant and (6) The mean power of emissions shall as prescribed in paragraphs (c) through be attenuated below the mean output (e) of this section. power of the transmitter in accordance (c) Low power auxiliary transmitters with the following schedule: not required to operate on specific car- (i) On any frequency removed from rier frequencies shall operate suffi- the operating frequency by more than ciently within the authorized fre- 50 percent up to and including 100 per- quency band edges to insure the emis- cent of the authorized bandwidth: at sion bandwidth falls entirely within the authorized band. least 25 dB; (d) For low power auxiliary stations (ii) On any frequency removed from operating in the bands other than the operating frequency by more than those allocated for TV broadcasting, 100 percent up to and including 250 per- the following technical requirements cent of the authorized bandwidth: at are imposed. least 35 dB; (1) The maximum transmitter power (iii) On any frequency removed from which will be authorized is 1 watt. Li- the operating frequency by more than censees may accept the manufacturer’s 250 percent of the authorized band- power rating; however, it is the licens- width: at least 43+10log10 (mean output ee’s responsibility to observe specified power in watts) dB. power limits. (f) Unusual transmitting antennas or (2) If a low power auxiliary station antenna elevations shall not be used to employs amplitude modulation, modu- deliberately extend the range of low lation shall not exceed 100 percent on power auxiliary stations beyond the positive or negative peaks. limited areas defined in § 74.831. (3) The occupied bandwidth shall not (g) Low power auxiliary stations be greater than that necessary for sat- shall be operated so that no harmful isfactory transmission and, in any interference is caused to any other event, an emission appearing on any class of station operating in accord- discrete frequency outside the author- ance with Commission’s rules and regu- ized band shall be attenuated, at least, lations and with the Table of Fre- 43+10 log (mean output power, in 10 quency Allocations in part 2 thereof. watts) dB below the mean output power of the transmitting unit. (h) In the event a station’s emissions (e) For low power auxiliary stations outside its authorized frequency band operating in the bands allocated for TV causes harmful interference, the Com- broadcasting, the following technical mission may, at its discretion, require requirements apply: the licensee to take such further steps (1) The power of the measured as may be necessary to eliminate the unmodulated carrier power at the out- interference. put of the transmitter power amplifier (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (antenna input power) may not exceed the following: [43 FR 13576, Mar. 31, 1978, as amended at 52 (i) 54–72, 76–88, and 174–216 MHz FR 2535, Jan. 23, 1987; 63 FR 36605, July 7, bands—50 mW 1998]

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§ 74.882 Station identification. that the complainant has contacted Call signs will not be assigned to low the operator of the allegedly offending power auxiliary stations. In lieu there- facility and tried to resolve the situa- of, for transmitters used for voice tion prior to filing. The complaint transmissions and having a trans- must then specify the nature of the in- mitter output power exceeding 50 mW, terference, whether the interference is an announcement shall be made at the constant or intermittent, when the in- beginning and end of each period of op- terference began and the site(s) most eration at a single location, over the likely to be causing the interference. transmitting unit being operated, iden- The complaint should be accompanied tifying the transmitting unit desig- by a videotape or other evidence show- nator, its location, and the call sign of ing the effects of the interference. The the broadcasting station or name of complaint must contain a motion for a the licensee with which it is being temporary order to have the inter- used. A period of operation may consist fering station cease transmitting. The of a continuous transmission or inter- complaint must be filed with the Sec- mittent transmissions pertaining to a retary’s office and served on the alleg- single event. edly offending party. Equivalent Isotropically Radiated [42 FR 14729, Mar. 16, 1977] Power (EIRP). The product of the power supplied to the antenna and the an- Subpart I—Instructional Television tenna gain in a given direction relative Fixed Service to an isotropic antenna radiator. This product may be expressed in watts or SOURCE: 28 FR 13731, Dec. 14, 1963, unless dB above 1 watt (dBW). otherwise noted. Instructional television fixed station. A fixed station licensed to an educational § 74.901 Definitions. organization and intended primarily Attended operation. Operation of a for video, data, or voice transmissions station by a designated person on duty of instructional, cultural, and other at the place where the transmitting ap- types of educational material to one or paratus is located with the transmitter more fixed receiving locations. in the person’s plain view. ITFS response station. A fixed station Booster service area. A geographic operated by an ITFS licensee, the les- area to be designated by an applicant see of ITFS channel capacity or a sub- for a booster station, within which the scriber of either to communicate with booster station shall be entitled to pro- a response station hub or associated tection against interference as set ITFS station. A response station under forth in this part. The booster service this part may share facilities with area must be specified by the applicant other ITFS response stations and/or so as to not overlap the booster service one or more Multipoint Distribution area of any other booster authorized to Service (MDS) response stations au- or proposed by the applicant. However, thorized pursuant to § 21.909 of this a booster station may provide service chapter or § 21.949 of this chapter. to receive sites outside of its booster Main channel: The main channel is service area, at the licensee’s risk of that portion of each authorized chan- interference. The booster station must nel used for the transmission of visual be capable of providing substantial and aural information as set forth in service within the designated booster § 73.682 of this Chapter and § 74.938 of service area. this subpart. Channel. Unless otherwise specified, a Point-to-point ITFS station. An ITFS channel under this part shall refer to a station that transmits a highly direc- 6 MHz frequency block assigned pursu- tional signal from a fixed transmitter ant to §§ 21.901(b) of this chapter or location to a fixed receive location. 74.902(a). Remote control. Operation of a station Documented complaint. A complaint by a designated person at a control po- that a party is suffering from non-con- sition from which the transmitter is sensual interference. A documented not visible but where suitable control complaint must contain a certification and telemetering circuits are provided

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which allow the performance of the es- Subsidiary channel: A subsidiary sential functions that could be per- channel is any portion of an authorized formed at the transmitter. channel not used for main channel Response station hub. A fixed facility transmissions. licensed to an ITFS licensee, and oper- Temporary fixed ITFS station. An ITFS ated by an ITFS licensee or the lessee station used for the transmission of of an ITFS channel, for the reception material from temporary unspecified of information transmitted by one or points to an ITFS station. more ITFS response stations that uti- Unattended operation. Operation of a lize digital modulation with uniform station by automatic means whereby power spectral density. A response sta- the transmitter is turned on and off tion hub licensed under this part may and performs its functions without at- share facilities with other ITFS retention by a designated person. sponse station hubs, MDS response sta- [28 FR 13731, Dec. 14, 1963, as amended at 35 tion hubs authorized pursuant to FR 4705, Mar. 18, 1970; 48 FR 33901, July 26, § 21.909 of this chapter, MDS signal 1983; 49 FR 32596, Aug. 15, 1984; 55 FR 46013, booster stations, ITFS signal booster Oct. 31, 1990; 60 FR 55483, Nov. 1, 1995; 63 FR stations, MDS stations, and/or ITFS 65113, Nov. 25, 1998; 64 FR 63737, Nov. 22, 1999] stations. § 74.902 Frequency assignments. Response station hub license. A blan- ket license authorizing the operation (a) The following frequencies may be of a single response station hub at a assigned to instructional television specific location and the operation of a fixed stations: specified number of associated digital Band limits response stations of one or more class- Channel No. MHz es at unspecified locations within one GROUP A or more regions of the response service area. A–1 ...... 2500–2506 Sectorization. The use of an antenna A–2 ...... 2512–2518 A–3 ...... 2524–2530 system at an ITFS station, booster sta- A–4 ...... 2536–2542 tion and/or response station hub that is capable of simultaneously transmit- GROUP B ting multiple signals over the same frequencies to different portions of the B–1 ...... 2506–2512 B–2 ...... 2518–2524 service area and/or simultaneously re- B–3 ...... 2530–2536 ceiving multiple signals over the same B–4 ...... 2542–2548 frequencies from different portions of the service area. GROUP C Signal booster station. An ITFS sta- C–1 ...... 2548–2554 tion licensed for use in accordance with C–2 ...... 2560–2566 § 74.985 that operates on one or more C–3 ...... 2572–2578 ITFS channels. Signal booster stations C–4 ...... 2584–2590

are intended to augment service as GROUP D part of a distributed transmission system where signal booster stations re- D–1 ...... 2554–2560 transmit the signal of an ITFS station D–2 ...... 2566–2572 D–3 ...... 2578–2584 and/or originate information. A signal D–4 ...... 2590–2596 booster station licensed under this part may share facilities with other ITFS GROUP E signal booster stations, MDS signal booster stations authorized pursuant E–1 ...... 2596–2602 E–2 ...... 2608–2614 to § 21.913 of this chapter, MDS re- E–3 ...... 2620–2626 sponse stations and/or ITFS response E–4 ...... 2632–2638 stations. Studio to transmitter link (STL). A di- GROUP F rectional path used to transmit a sig- F–1 ...... 2602–2608 nal from a station’s studio to its trans- F–2 ...... 2614–2620 mitter. F–3 ...... 2626–2632

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lected from the same Group listed in Channel No. Band limits MHz paragraph (a) of this section, but which F–4 ...... 2638–2644 later may come from different Groups as a result of authorized channel swaps GROUP G pursuant to paragraph (f) of this section. An area of operation is defined as G–1 ...... 2644–2650 G–2 ...... 2656–2662 the area 35 miles or less from the ITFS G–3 ...... 2668–2674 main station transmitter. Applicants G–4 ...... 2680–2686 shall not apply for more channels than they intend to construct within a rea- (b) Instructional Television Fixed sonable time, simply for the purpose of Stations authorized to operate on reserving additional channels. The Channels 2650–2656, 2662–2668, and 2674– number of channels authorized to an 2680 MHz as of July 16, 1971, may con- applicant will be based on the dem- tinue to operate on a coequal basis onstration of need for the number of with other stations operating in ac- channels requested. The Commission cordance with the Table of Frequency will take into consideration such fac- Allocations. Requests for subsequent tors as the amount of use of any cur- renewals or modification of existing licenses will be considered; however, ex- rently assigned channels and the pansion of systems comprised of such amount of proposed use of each channel stations will not be permitted except requested, the amount of, and justifica- on frequencies allocated for the serv- tion for, any repetition in the sched- ice. ules, and the overall demand and avail- (c) Channels 2596–2602, 2602–2608, 2608– ability of ITFS channels in the com- 2614, 2614–2620, 2620–2626, 2626–2632, 2632– munity. For those applicant organiza- 2638, and 2638–2644 MHz and the cor- tions formed for the purpose of serving responding 125 kHz channels listed in accredited institutional or govern- § 74.939(j) are shared with the mental organizations, evaluation of the Multipoint Distribution Service. No need will only consider service to those new Instructional Television Fixed specified receive sites which submitted Service applications for these channels supporting documentation pursuant to filed after May 25, 1983 will be accepted, § 74.932(a)(4). except in accordance with paragraph (f) (2) An applicant leasing excess capac- of this section. In those areas where ity and proposing a schedule which Multipoint Distribution Service use of complies in all respects with the re- these channels is allowed, Instruc- quirements of § 74.931 (c) or (d) will tional Television Fixed Service users of have presumptively demonstrated these channels will continue to be af- need, in accordance with paragraph forded protection from harmful co- (d)(1) of this section, for no more than channel and adjacent channel inter- four channels. This presumption is reference from Multipoint Distribution buttable by demonstrating that the ap- Service stations, pursuant to § 21.902 of plication does not propose to comport this chapter. with our educational usage requirements, that is, to transmit some for- NOTE TO PARAGRAPH (c): No 125 kHz channels are provided for Channels E3, E4, F3 and mal educational usage, as defined in F4, except for those grandfathered. The 125 § 74.931(a), and to transmit the requisite kHz channels associated with Channels E3, minimum educational usage of § 74.931 E4, F3 and F4 are allocated to the Private (c) or (d) for genuinely educational pur- Operational Fixed Point-to-Point Microwave poses. Service, pursuant to § 101.147(g) of this chap- (e) Frequencies in the bands 2500–2650 ter. MHz, 2656–2662 MHz, 2668–2674 MHz, and (d) Frequencies will be assigned as 2680–2686 MHz are available for point- follows: to-multipoint use and/or for commu- (1) A licensee is limited to the assign- nications between ITFS response sta- ment of no more than four 6 MHz and tions and response station hubs when four 125 kHz channels for use in a sin- authorized in accordance with the pro- gle area of operation, all of which 6 visions of § 74.939, provided that such MHz channels initially should be se- frequencies may be employed for ITFS

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response stations only when transmit- inferior signal. Potential expansion of ting using digital modulation. the ITFS licensee may be considered in (f) An ITFS licensee may apply to ex- determining whether alternative avail- change evenly one or more of its as- able spectrum is suitable. signed channels with another ITFS li- (j) If suitable alternative spectrum is censee, or with an MDS licensee or con- located pursuant to paragraph (h) of ditional licensee, except that an ITFS this section, the initiating party must licensee may not exchange one of its prepare and file the appropriate appli- assigned channels for MDS channel 2A. cation for the new spectrum, and must The licensees seeking to exchange simultaneously serve a copy of the ap- channels shall file in tandem with the plication on the ITFS licensee to be Commission separate pro forma assign- moved. The initiating party will be re- ment of license applications, each at- sponsible for all costs connected with taching an exhibit which clearly speci- the migration, including purchasing, fies that the application is filed pursu- testing and installing new equipment, ant to a channel exchange agreement. labor costs, reconfiguration of existing The exchanged channel(s) shall be reg- equipment, administrative costs, legal ulated according to the requirements and engineering expenses necessary to applicable to the assignee; provided, prepare and file the migration applica- however, that an ITFS licensee which tion, and other reasonable documented receives one or more E or F Group costs. The initiating party must secure channels through a channel exchange a bond or establish an escrow account with an MDS licensee or conditional li- to cover reasonable incremental in- censee shall not be subject to the re- crease in ongoing expenses that may strictions on ITFS licensees who were fall upon the migrated licensee. The authorized to operate on the E or F bond or escrow account should also ac- Group channels prior to May 26, 1983. count for the possibility that the initi- (g) A temporary fixed ITFS station ating party subsequently becomes may use any available ITFS channel on bankrupt. If it becomes necessary for a secondary basis. Operation of sta- the Commission to assess the suffi- tions located within 56.3 km (35 miles) ciency of a bond or escrow amount, it of Canada shall be limited by will take into account such factors as § 74.24(h)(3). projected incremental increase in elec- (h) Where adjacent channel operation tricity or maintenance expenses, or re- is proposed in any area, the preferred location expenses, as relevant in each location of the proposed station’s case. transmitting antenna is at the site of (k) The ITFS party to be moved will the adjacent channel transmitting an- have a 60-day period in which to oppose the involuntary migration. The ITFS tenna. If this is not practicable, the ad- party should state its opposition to the jacent channel transmitting antennas migration with specificity, including should be located as close as reason- engineering and other challenges, and a ably possible. comparison of the present site and the (i) On the E and F-channel fre- proposed new site. If involuntary mi- quencies, a point-to-point ITFS station gration is granted, the new facilities may be involuntarily displaced by an must be operational before the initi- MDS applicant or licensee, provided ating party will be permitted to begin that suitable alternative spectrum is its new or modified operations. The mi- available and that the MDS entity gration must not disrupt the ITFS li- bears the expenses of the migration. censee’s provision of service, and the Suitability of spectrum will be deter- ITFS licensee has the right to inspect mined on a case-by-base basis; at a the construction or installation work. minimum, the alternative spectrum must be licensable by ITFS operators [29 FR 7023, May 28, 1964, as amended at 31 on a primary basis (although it need FR 10743, Aug. 12, 1966; 36 FR 11587, June 16, not be specifically allocated to the 1971; 48 FR 33901, July 26, 1983; 49 FR 32596, Aug. 15, 1984; 50 FR 26758, June 28, 1985; 55 FR ITFS service), and must provide a sig- 46013, Oct. 31, 1990; 56 FR 57819, Nov. 14, 1991; nal that is equivalent to the prior sig- 58 FR 44951, Aug. 25, 1993; 59 FR 35636, July nal in picture quality and reliability, 13, 1994; 60 FR 20246, Apr. 25, 1995; 63 FR 65113, unless the ITFS licensee will accept an Nov. 25, 1998; 65 FR 46620, July 31, 2000]

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§ 74.903 Interference. equipment, in which case the ratio (a) Since interference in this service shall be less than 0 dB. Absent informa- will occur only when an unfavorable tion presented to the contrary, how- desired-to-undesired signal ratio exists ever, the Commission will assume that at the antenna input terminals of the reception equipment installation oc- affected receiver, the directive prop- curred simultaneously with original erties of receiving antennas can be station equipment; or used to minimize the hazard of such in- (B) The license for an ITFS station is terference. Interference may also be conditioned on the proffer to the af- controlled through the use of directive fected ITFS station licensee of equip- transmitting antennas, geometric ar- ment capable of providing a ratio of 0 rangement of transmitters and receiv- dB or more at no expense to the ITFS ers, and the use of the minimum power station licensee, and also conditioned, required to provide the needed service. if necessary, on the proffer of installa- Harmful interference will be considered tion of such equipment; and there has present when the reference receiving been no showing by the affected ITFS antenna is oriented to receive the max- station licensee demonstrating good imum desired signal, and a free space cause and that the proposed equipment calculation determines that the de- will not provide a ratio of 0 dB or more, sired-to-undesired signal ratio is less or that installation of such equipment, than the value specified for the respec- at no expense to the ITFS station li- tive channel under consideration. censee, is not possible or has not been (1) Cochannel interference is defined proffered. as the ratio of the desired signal to the (3) For purposes of this section and undesired signal, at the output of a ref- except as set forth in § 74.939 regarding erence receiving antenna oriented to the protection of response station receive the maximum desired signal hubs, all interference calculations in- level. Harmful interference will be con- volving receive antenna performance sidered present when a calculation shall use the reference antenna charac- using a terrain sensitive signal propa- teristics shown in Figure I, § 74.937(a) gation model determines that this or, in the alternative, utilize the actual ratio is less than 45 dB (or the appro- pattern characteristics of the antenna priate value for bandwidths other than in use at the receive site under study. 6 MHz.) If the actual receive antenna pattern is (2) Adjacent channel interference is utilized, the applicant must submit defined as the ratio of the desired sig- complete details including manufac- nal to undesired signal present in an turer, model number(s), co-polar and adjacent channel, at the output of a cross-polar gain patterns, and other reference receiving antenna oriented to pertinent data. receive the maximum desired signal (4) If an application can demonstrate level. that the installation of a receiving an- (i) Harmful interference will be con- tenna at an existing licensee’s site sidered present when a calculation with characteristics superior to those using a terrain sensitive signal propa- of the standard antenna (or, alter- gation model determines that this natively, the appropriate existing an- ratio is less than 0 dB (or the appro- tenna in use at the site) will permit the priate value for bandwidths other than applicant to provide service without in- 6 MHz.) terference to the existing licensee, the (ii) In the alternative, harmful inter- application will be considered ference will be considered present for grantable with the condition that the an ITFS station constructed before applicant bears all costs of upgrading May 26, 1983, when a calculation using the existing licensee’s reception equip- a terrain sensitive signal propagation ment at that site(s). Such a showing model determines that this ratio is less should include interference calcula- than 10 dB (or the appropriate value for tions for both the existing or reference bandwidths other than 6 MHz), unless: antenna and the proposed antenna. The (A) The individual receive site under manufacturer, model number(s), co- consideration has been subsequently polar and cross-polar gain patterns of upgraded with up-to-date reception the replacement antenna should be

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supplied as well as an accurate assess- area, of any authorized or previously- ment of the expected reimbursement proposed cochannel station if: costs. (i) The proposed transmitting an- (5) No receive site more than 35 miles tenna has an unobstructed electrical from the transmitter shall be entitled path to receive site(s) and/or the pro- to interference protection. tected service area of any other station (6) Notwithstanding the above, main, that utilizes, or would utilize, the same booster and response stations shall use frequency; or the following formulas, as applicable, (ii) The proposed transmitter is with- for determining compliance with: (1) in 80.5 km (50 miles) of the coordinates Radiated field contour limits where of any such station. bandwidths other than 6 MHz are em- (2) An analysis of the potential for ployed at stations utilizing digital harmful adjacent channel interference emissions; and (2) Cochannel and adja- with the receive sites registered as of cent channel D/U ratios where the September 17, 1998, and with the pro- bandwidths in use at the interfering tected service area, of any authorized and protected stations are unequal and or previously-proposed station if the both stations are utilizing digital mod- proposed transmitter is within 80.5 km ulation or one station is utilizing dig- (50 miles) of the coordinates of any sta- ital modulation and the other station tion that utilizes, or would utilize, an is utilizing either 6 MHz NTSC analog adjacent channel frequency. modulation or 125 kHz analog modula- (3) An analysis concerning possible tion (I channels only). adverse impact upon Mexican and Ca- (i) Contour limit: ¥73 dBW/m2 + 10 nadian communications if the station’s log(X/6) dBW/m 2, where X is the band- transmitting antenna is to be located width in MHz of the digital channel. within 80.5 km (50 miles) of the border. (ii) Co-channel D/U: 45 dB + 10 log(X1/ (4) In lieu of the interference anal- X2) dB, where X1 is the bandwidth in yses required by paragraphs (b)(1) and MHz of the protected channel and X2 is (2) of this section, an applicant may the bandwidth in MHz of the inter- submit (a) statement(s) from the af- fering channel. fected cochannel or adjacent channel (iii) Adjacent channel D/U: 0 dB + 10 licensee(s) that any resulting inter- log(X1/X2), where X1 is the bandwidth ference is acceptable. in MHz of the protected channel and X2 (5) Specific rules relating to response is the bandwidth in MHz of the inter- station hubs, booster stations, and 125 fering channel. kHz channels are set forth in §§ 21.909, (b) All applicants for instructional 21.913, 21.949, 74.939, 74.949 and 74.985. To television fixed stations are expected the extent those specific rules are in- to take full advantage of such directive consistent with any rules set forth antenna techniques to prevent inter- above, those specific rules shall conference to the reception of any existing trol. or previously-proposed operational (c) Existing licensees and prospective fixed, multipoint distribution, inter- applicants, including those who lease national control or instructional tele- or propose to lease excess capacity pur- vision fixed station at authorized re- suant to § 74.931(c) or (d), are expected ceiving locations. Therefore, all appli- to cooperate fully and in good faith in cations for new or major changes must attempting to resolve problems of po- include an analysis of potential inter- tential interference before bringing the ference to all existing and previously- matter to the attention of the Commis- proposed stations in accordance with sion. paragraph (a) of this section. An appli- (d) Each authorized or previously- cant for a new instructional television proposed applicant, or licensee must be fixed station must include the fol- protected from harmful electrical in- lowing technical information with the terference at each of its receive sites application: registered previously as of September (1) An analysis of the potential for 17, 1998, and within a protected service harmful interference with the receive area as defined at § 21.902(d) of this sites registered as of September 17, chapter and in accordance with the ref- 1998, and with the protected service erence receive antenna characteristics

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specified at § 21.902(f) of this chapter. The applicability of other rules in An ITFS entity which did not receive part 73, where appropriate, is not pre- protected service area protection prior cluded by this section. to September 17, 1998 shall be accorded such protection by a cochannel or adja- [50 FR 26759, June 28, 1985, as amended at 60 FR 20247, Apr. 25, 1995; 63 FR 48632, Sept. 11, cent channel applicant for a new sta- 1998] tion or station modification, including a booster station, response station or § 74.911 Processing of ITFS station ap- response station hub, where the appli- plications. cant is required to prepare an analysis, (a) Applications for ITFS stations are study or demonstration of the potential for harmful interference. An ITFS divided into three groups: entity receiving interference protec- (1) In the first group are applications tion provided by this section will con- for new stations. These applications tinue to receive such protection if it are subject to the provisions of para- elects to swap channels with another graph (c) of this section. ITFS or MDS station as specified in (2) In the second group are applica- § 74.902(f). tions for major changes in the facilities of authorized stations. A major [28 FR 13731, Dec. 14, 1963, as amended at 50 change for an ITFS station will be any FR 26758, June 28, 1985; 51 FR 9799, Mar. 21, proposal to add new channels, change 1986; 58 FR 44951, Aug. 25, 1993; 60 FR 20246, Apr. 25, 1995; 60 FR 57368, Nov. 15, 1995; 63 FR from one channel (or channel group) to 65114, Nov. 25, 1998; 64 FR 63737, Nov. 22, 1999; another, except as provided for in 65 FR 46620, July 31, 2000] § 74.902(f), change polarization, increase the EIRP in any direction by more § 74.910 Part 73 application require- than 1.5 dB, increase the transmitting ments pertaining to ITFS stations. antenna height by 25 feet or more, or The following rules are applicable to relocate a facility’s transmitter site by ITFS stations. 10 miles or more. Major change applications are subject to paragraphs (d) Sec. and (e) of this section. 73.3500 Application and report forms. (3) The third group consists of appli- 73.3511 Applications required. cations for all other licenses and all 73.3512 Where to file; number of copies. other changes in the facilities of au- 73.3513 Signing in applications. thorized stations. 73.3514 Content of applications. (b) A new file number will be as- 73.3517 Contingent applications. signed to an application for a new sta- 73.3519 Repetitious applications. 73.3522(a) Amendment of applications. tion or for major changes in the facili- 73.3533 Application for construction permit ties of an authorized station, when it is or modification of construction permit. amended so as to effect a major 73.3534 Application for extension of con- change, as defined in paragraph (a)(2) struction permit or for construction per- of this section, or results in a situation mit to replace expired construction per- where the original party or parties to mit. the application do not retain control of 73.3536 Application for license to cover con- the applicant as originally filed. An ap- struction permit. plication for change in the facilities of 73.3542 Application for temporary or emergency authorization. any existing station will continue to 73.3561 Staff consideration of applications carry the same file number even requiring Commission action. though (pursuant to Commission ap- 73.3562 Staff consideration of applications proval) an assignment of license or not requiring action by the Commission. transfer of control of such licensee has 73.3597(c)(2) Procedures on transfer and as- taken place if, upon consummation, signment applications. the application is amended to reflect 73.3566 Defective applications. the new ownership. 73.3568 Dismissal of applications. 73.3587 Procedure for filing objections. (c)(1) The FCC will specify by Public 73.3598 Period of construction. Notice, pursuant to § 73.5002, a period 73.3599 Forfeiture of construction permit. for filing ITFS applications for a new 73.5000–73.5006 Competitive Bidding Proce- station. Such ITFS applicants shall be dures. subject to the provisions of § 1.2105 and

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the ITFS competitive bidding proce- tion is granted pursuant to the provi- dures. See 47 CFR 73.5000, et. seq. sions of this paragraph, licensee shall (2) The requirements of this section maintain a copy of the application at apply to a wireless cable entity re- the transmitter site or response sta- questing to be licensed on ITFS fre- tion hub until such time as the Com- quencies pursuant to § 74.990. mission issues a license. (d) Notwithstanding any other provi- (e) Except as provided in paragraph sions of this part, effective as of Sep- (d) of this section, major change appli- tember 17, 1998, there shall be a one- cations may be filed at any time. Ex- week window, at such time as the Com- cept during the sixty (60) day amend- mission shall announce by public no- ment period provided for in paragraph tice, for the filing of applications for (d) of this section, any amendment to a all major changes, high-power signal major change application that reflects booster station, response station hub, any change in the technical specifica- and I channels point-to-multipoint tions of the proposed facility, includes transmissions licenses, during which any new or modified analysis of poten- all applications shall be deemed to tial interference to another facility, or have been filed as of the same day for submits any interference consent from purposes of 74.939 and 74.985. Following a neighboring licensee, shall cause the the publication of a public notice an- application to be considered newly- nouncing the tendering for filing of ap- filed. Notwithstanding any other provi- plications submitted during that win- sion of part 74, major change applica- dow, applicants shall have a period of tions meeting the requirements of part sixty (60) days to amend their applica- 74 shall cut-off applications that are tions, provided such amendments do filed on a subsequent day for facilities not result in any increase in inter- that would cause harmful electro- ference to any previously-proposed or magnetic interference to the facilities authorized station, or to facilities pro- proposed in the major change applica- posed during the window, absent con- tion. A facility proposed in a major sent of the applicant for or licensee of change application shall not be enti- the station that would receive such ad- tled to protection from interference ditional interference. At the conclu- caused by any facilities proposed on or sion of that sixty (60) day period, the prior to the day the major change ap- Commission shall publish a public no- plication is filed. A facility proposed in tice announcing the acceptance for fil- a major change application shall not be ing of all applications submitted dur- required to protect from interference ing the initial window, as amended dur- facilities proposed on or after the day ing the sixty (60) day period. All peti- the major change application is filed. tions to deny such applications must Except as provided by paragraph (d) of be filed within sixty (60) days of such this section, any petition to deny a second public notice. On the sixty-first major change application shall be filed (61st) day after the publication of such no later than the sixtieth (60th) day second public notice, applications for after the date of public notice announc- major changes, new or modified re- ing the filing of such application. Ex- sponse station hub, high powered sig- cept as provided in paragraph (d) of nal booster and booster station licenses this section a major change application may be filed and will be processed in that meets the requirements of part 74 accordance with the provisions of 74.939 shall be granted on the sixty-first (61st) and 74.985. Each application submitted day after the Commission shall have during the initial window shall be given public notice of the acceptance granted on the sixty-first (61st) day for filing of it, unless prior to such date after the Commission shall have given either a party in interest files a timely such public notice of its acceptance for petition to deny or files for other relief filing, unless prior to such date either pursuant to § 74.912, or the Commission a party in interest timely files a formal notifies the applicant that its applica- petition to deny or for other relief pur- tion will not be granted at such time. suant to § 74.912, or the Commission no- Where an application is granted pursu- tifies the applicant that its application ant to the provisions of this paragraph, will not be granted. Where an applica- the licensee shall maintain a copy of

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the application at the facility until paragraph (e)(9) of this section and such time as the Commission issues a Secs. 74.990 through 74.992. license for that facility’s operations. (2) All applicants that do not list accredited schools as receive sites must [64 FR 63738, Nov. 22, 1999, as amended at 65 FR 46620, July 31, 2000] name the school(s) and the degree(s) or diploma(s) for which the formal pro- § 74.912 Petitions to deny. gramming will be offered and describe the administration of the course(s). (a) Petitions to deny against the They must submit documentation, long-form applications filed by winning written or signed by the authorities re- bidders in ITFS auctions must be filed sponsible for the schools’ curricula, in accordance with § 73.5006 of this verifying each of these points. chapter. Petitions to deny against ap- (b) Such stations may also be used plications for transfers of control of for the additional purpose of transmit- ITFS licensees, or for assignments of ting other visual and aural edu- ITFS station licenses, must be filed not cational, instructional and cultural later than 30 days after issuance of a material to selected receiving loca- public notice of the acceptance for fil- tions, including in-service training and ing of the transfer or assignment appli- instruction in special skills and safety cation. In the case of applications for programs, extension of professional renewal of license, petitions to deny training, informing persons and groups may be filed after the issuance of a engaged in professional and technical public notice of acceptance for filing of activities of current developments in the applications and up until the first their particular fields, and other simi- day of the last full calendar month of lar endeavors. the expiring license term. Any party in (c) A licensee solely utilizing analog interest may file a petition to deny any transmissions may use excess capacity notification regarding a low power on each channel to transmit material ITFS signal booster station, within the other than the ITFS subject matter 60 day period provided for in § 74.985(e). specified in paragraphs (a) and (b) of (b) The applicant or notifier may file this section, subject to the following an opposition to any petition to deny, conditions: and the petitioner a reply to such oppo- (1) Before leasing excess capacity on sition in which allegations of fact or any one channel, the licensee must pro- denials thereof shall be supported by vide at least 20 hours per week of ITFS affidavit of a person or persons with educational usage on that channel, ex- personal knowledge thereof. Except cept as provided in paragraph (c)(2) and with regard to petitions to deny (c)(3) of this section. An additional 20 against the long-form applications of hours per week per channel must be ITFS auction winners, the times for fil- strictly reserved for ITFS use and not ing such oppositions and replies shall used for non-ITFS purposes, or re- be those provided in § 1.45 of this chap- served for recapture by the ITFS li- ter. censee for its ITFS educational usage, [64 FR 24527, May 7, 1999] subject to one year’s advance, written notification by the ITFS licensee to its § 74.931 Purpose and permissible serv- lessee and accounting for all recapture ice. already exercised, with no economic or (a)(1) Instructional television fixed operational detriment to the licensee. stations are intended primarily to pro- These hours of recapture are not re- vide a formal educational and cultural stricted as to time of day or day of the development in aural and visual form, week, but may be established by nego- to students enrolled in accredited pub- tiations between the ITFS licensee and lic and private schools, colleges and the lessee. This 20 hours per channel universities. Authorized instructional per week ITFS educational usage re- television fixed station channels must quirement and this recapture and/or be used to transmit formal educational reservation requirement of an addi- programming offered for credit to en- tional 20 hours per channel per week rolled students of accredited schools, shall apply spectrally over the licens- with limited exceptions as set forth in ee’s whole actual service area.

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(2) For the first two years of oper- (i) A licensee operating as a common ation, an ITFS entity may lease excess carrier is required to comply with all capacity if it provides ITFS edu- policies and rules applicable to that cational usage for at least 12 hours per service. Responsibility for making the channel per week, provided that the en- initial determination of whether a par- tity does not employ channel loading ticular activity is common carriage technology. rests with the ITFS licensee. Initial de- (3) The licensee may shift its req- terminations by the licensees are sub- uisite ITFS educational usage onto ject to Commission examination and fewer than its authorized number of may be reviewed at the Commission’s channels, via channel mapping or chan- discretion. nel loading technology, so that it can (ii) An ITFS licensee also may alter- lease full-time channel capacity on its nate, without further authorization re- ITFS station and/or associated ITFS quired, between rendering service on a booster stations, subject to the condi- common carrier and non-common car- tion that it provide a total average of rier basis, provided that the licensee at least 20 hours per channel per week notifies the Commission of any service of ITFS educational usage on its au- status changes at least 30 days in ad- thorized channels. The use of channel vance of such changes. The notification mapping or channel loading consistent shall state whether there is any affili- with the Rules shall not be considered ation or relationship to any intended adversely to the ITFS licensee in seek- or likely subscriber or program origi- ing a license renewal. The licensee also nator. retains the unabridgeable right to re- (iii) Licensees under paragraph (c)(6) capture, subject to six months’ advance of this section additionally shall com- written notification by the ITFS li- ply with the provisions of §§ 21.304, censee to its lessee, an average of an 21.900(b), 21.903(b)(1) and (2) and (c), and additional 20 hours per channel per 21.910 of this chapter. week, accounting for all recapture al- (d) A licensee utilizing digital trans- ready exercised. Regardless of whether missions on any of its licensed chan- the licensee has educational receive nels may use excess capacity on each sites within its psa, the licensee may channel to transmit material other lease booster stations in the entire psa, than the ITFS subject matter specified provided that the licensee maintains in paragraphs (a) and (b) of this sec- the unabridgeable right to ready recap- tion, subject to the following condi- ture at least 40 hours per channel per tions: week for ITFS educational usage. The (1) The licensee must reserve a min- licensee may agree to the transmission imum of 5% of the capacity of its chan- of this recapture time on channels not nels for instructional purposes only, authorized to it, but which are in- and may not lease this reserved capac- cluded in the wireless system of which ity. In addition, before leasing excess it is a part. A licensee under this para- capacity, the licensee must provide at graph which leases excess capacity on least 20 hours per licensed channel per any one of its channels to an operator week of ITFS educational usage. This may ‘‘channel shift’’ pursuant to and 5% reservation and this 20 hours per li- under the conditions of paragraph (d)(2) censed channel per week ITFS edu- of this section. cational usage requirement shall apply (4) An ITFS applicant or licensee spectrally over the licensee’s whole ac- may specify an omnidirectional an- tual service area. However, regardless tenna for point-to multipoint trans- of whether the licensee has an edu- missions to facilitate the leasing of ex- cational receive sites within its psa cess capacity. served by a booster, the licensee may (5) Leasing activity may not cause lease excess capacity without making unacceptable interference to cochannel at least 20 hours per licensed channel or adjacent channel operations. per week of ITFS educational usage, (6) When an ITFS licensee makes ca- provided that the licensee maintains pacity available on a common carrier the unabridgeable right to recapture on basis, it will be subject to common car- one months’ advance notice such ca- rier regulation. pacity as it requires over and above the

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5% reservation to make at least 20 service. Responsibility for making the hours per channel per week of ITFS initial determination of whether a par- educational usage. ticular activity is common carriage (2) The licensee may shift its req- rests with the ITFS licensee. Initial de- uisite ITFS educational usage onto terminations by the licensees are sub- fewer than its authorized number of ject to Commission examination and channels, via channel mapping or chan- may be reviewed at the Commission’s nel loading technology, and may shift discretion. its requisite ITFS educational usage (ii) An ITFS licensee also may alter- onto channels not authorized to it, but nate, without further authorization re- which are included in the wireless sys- quired, between rendering service on a tem of which it is a part (‘‘channel common carrier and non-common car- shifting’’), so that it can lease full-time rier basis, provided that the licensee channel capacity on its ITFS station, notifies the Commission of any service associated ITFS booster stations, and/ status changes at least 30 days in ad- or ITFS response stations and associ- vance of such changes. The notification ated response station hubs, subject to shall state whether there is any affili- the condition that it provide a total ation or relationship to any intended average of at least 20 hours per licensed or likely subscriber or program origi- channel per week of ITFS educational nator. usage. The use of channel mapping, (iii) Licensees under paragraph (d)(6) channel loading, and/or channel shift- of this section additionally shall coming consistent with the Rules shall not ply with the provisions of §§ 21.304, be considered adversely to the ITFS li- 21.900(b), 21.903(b)(1) and (2) and (c), and censee in seeking a license renewal. In 21.910 of this chapter. addition, an ITFS entity receiving in- (e) ITFS excess capacity leases en- terference protection provided by tered into prior to March 31, 1997, § 74.903, will continue to receive such which contain a provision for auto- protection if it elects to swap channels matic renewal which would be effective with another ITFS or MDS station as after March 31, 1997, are exempt for the specified in § 74.902(f). duration of said lease from compliance (3) An ITFS applicant or licensee with subsequently adopted Commission may specify an omnidirectional an- rules. However, the total term of such tenna for point-to-multipoint trans- applicable lease may not exceed fifteen missions to facilitate the leasing of ex- years. cess capacity. (f) A licensee may use excess capac- (4) Leasing activity may not cause ity on each channel to transmit mate- unacceptable interference to cochannel rial other than the ITFS subject mat- or adjacent channel operations. ter specified in paragraphs (a), (b), (c), (5) A licensee leasing any of its li- and (d) of this section subject to the censed channels to be used as response following conditions: channels shall be required to maintain (1) If the time or capacity leased is at least 25% of the capacity of its chan- not to be used for ‘‘wireless cable’’ op- nels for point-to-multipoint trans- erations, the licensee must preserve at missions during the term of the lease least 40 hours per week, including at and following termination of the leas- least 6 hours per weekday (Monday ing arrangement. This 25% preserva- through Friday), excluding holidays tion may be over the licensee’s own au- and vacation days, for ITFS purposes thorized channels or over channels not on that channel. The 40-hour preserva- authorized to it, but which are in- tion may consist of airtime strictly re- cluded in the wireless system of which served for ITFS use and not used for it is a part. non-ITFS programming, or of time (6) When an ITFS licensee makes caused for non-ITFS programming but pacity available on a common carrier subject to ready recapture by the li- basis, it will be subject to common car- censee for ITFS use with no economic rier regulation. or operational detriment of the li- (i) A licensee operating as a common censee. At least 20 hours per week of carrier is required to comply with all the preserved time on each channel policies and rules applicable to that must be used for ITFS programming,

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including at least 3 hours per weekday, ITFS licensee. Initial determinations excluding holidays and vacation days, by the licensees are subject to Commis- except as provided in paragraph (e)(3) sion examination and may be reviewed of this section. Only ITFS program- at the Commission’s discretion. ming and preserved airtime scheduled (7) An ITFS applicant, permittee, or between 8 a.m. and 10 p.m. Monday licensee may use an omnidirectional through Saturday, will qualify to meet antenna to facilitate the leasing of ex- these requirements. cess capacity to ‘‘wireless cable’’ oper- (2) If the time or capacity leased is to ators. be used for ‘‘wireless cable’’ operations, (8) Leasing activity may not cause before leasing excess capacity on any unacceptable interference to cochannel one channel, the licensee must provide and adjacent-channel operations. at least 20 hours per week of ITFS pro- (9) A licensee may shift its requisite gramming on that channel, except as ITFS programming onto fewer than its provided in paragraph (e)(3) of this sec- authorized number of channels, via tion. All hours not used for ITFS pro- channel mapping technology or chan- gramming may be leased to a ‘‘wireless nel loading, so that it can lease full- cable’’ operator. An additional 20 hours time channel capacity to a wireless per week per channel must be reserved cable operator, subject to the condition for recapture by the ITFS licensee for that it provide a total average of at its ITFS programming, subject to one least 20 hours per channel per week of year’s advance, written notification by ITFS programming on its authorized the ITFS licensee to its ‘‘wireless channels. The licensee also retains the cable’’ lessee. These hours of recapture unabridgeable right to recapture, sub- are not restricted as to time of day or ject to six months’ written notification day of the week, but may be estab- to the wireless cable operator, an aver- lished by negotiations between the age of an additional 20 hours per chan- ITFS licensee and the ‘‘wireless cable’’ nel per week for simultaneous pro- lessee. gramming on the number of channels (3) For the first two years of operation, an ITFS entity may lease excess for which it is authorized. The licensee capacity if it provides ITSF program- may agree to the transmission of this ming at least 12 hours per channel per recapture time on channels not author- week, including up to four hours of ized to it, but which are included in the ITFS usage per day. wireless system of which it is a part. (4) The licensee may schedule the (g) Material transmitted by these ITFS programming and use automatic stations may be intended for simulta- channel switching equipment so as to neous reception and display or may be employ channel mapping technology to recorded by authorized users for use at lease to a ‘‘wireless cable’’ operator. another time. However, an ITFS applicant should re- (h) On a secondary basis, an ITFS quest only as many channel as it needs station may be operated as a tem- to fulfill its educational requirements. porary fixed station from temporary (5) All of the capacity available on unspecified points to an ITFS station any subsidiary channel of any author- under the provisions of paragraph (a), ized channel may be used for the trans- (b), (d) or (e) of this section. mission of material to be used by oth- (i) Except as specified in paragraphs ers. (i) and (j) of this section, no licensee of (6) When an ITFS licensee makes ca- a station in this service may lease pacity available on a common carrier transmission time or capacity to any basis, it will be subject to common car- cable television company either di- rier regulation. A licensee operating as rectly or indirectly through an affiliate a common carrier is required to apply owned, operated, controlled by, or for the appropriate authorization and under common control with the cable to comply with all policies and rules television company, if the ITFS main applicable to that service. Responsi- transmitter station is within 32 km (20 bility for making the initial deter- miles) of the cable television com- mination of whether a particular activ- pany’s franchise area or service area, ity is common carriage rests with the and if the cable television company is

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the sole provider of cable television providing local programming pursuant service in the franchise area. to a lease must include in a notice filed (j)(1) A cable television company with the Wireless Telecommunications shall be exempt from the provisions of Bureau a cover letter explicitly identi- paragraph (h) of this section if its fran- fying its lessee as a local cable oper- chise area contains none of the fol- ator or affiliate and stating that the lowing: lease was executed to facilitate the (i) Any incorporated place of 2,500 in- provision of local programming. The habitants or more, or any part thereof; first lease notification for an MDS or (ii) Any unincorporated place of 2,500 ITFS channel in an area filed with the inhabitants or more, or any part thereof; or Commission will be entitled to the ex- (iii) Any other territory, incor- emption. The limitations on the equiv- porated or unincorporated, included in alent of one MDS channel per party an urbanized area. and per area include any cable/ITFS (2) All population statistics and defi- operations grandfathered pursuant to nitions used in qualifying for this ex- paragraph (l) of this section or any emption shall be the most recent avail- cable/MDS operations grandfathered able from the U.S. Department of Com- pursuant to § 21.912(f) of this chapter. merce, Bureau of the Census. In no Local programming service pursuant to event shall any statistics resulting a lease must be provided within one from censuses prior to 1980 be used. The year of the date of the lease or one Census Bureau has defined some incor- year of the grant of the licensee’s ap- porated places of 2,500 inhabitants or plication for the leased channel(s), more as ‘‘extended cities.’’ Such cities whichever is later. consist of an urban part and rural part. (l) Lease arrangements between cable (3) If the cable operator’s franchise and ITFS entities for which a lease or area includes a rural part of an extended city, but includes no other ter- a firm agreement was signed prior to ritory described in this paragraph, an February 8, 1990, will not be subject to exemption shall apply. the prohibitions of paragraph (h) of this section. Leases between cable tele- NOTE 1: In applying the provisions of para- vision entities and ITFS entities exe- graphs (h) and (i) of this section, an attrib- utable ownership interest shall be defined by cuted on February 8, 1990, or there- reference to the Notes contained in after, are invalid. §thnsp;21.912. [28 FR 13731, Dec. 14, 1963, as amended at 33 (k) The provisions of paragraph (h) of FR 15424, Oct. 17, 1968; 48 FR 33901, July 26, this section will not apply to ITFS ex- 1983; 49 FR 27151, July 2, 1984; 49 FR 32596, cess capacity leased directly or indi- Aug. 15, 1984; 50 FR 26760, June 28, 1985; 51 FR rectly to cable operators or affiliates 9800, Mar. 21, 1986; 55 FR 46013, Oct. 31, 1990; to provide locally-produced program- 56 FR 57600, Nov. 13, 1991; 56 FR 57819, Nov. 14, ming to cable headends. Locally-pro- 1991; 56 FR 65191, Dec. 16, 1991; 58 FR 34378, duced programming is programming June 25, 1993; 58 FR 44951, Aug. 25, 1993; 59 FR 35636, July 13, 1994; 64 FR 50646, Sept. 17, 1999; produced in or near the cable opera- 65 FR 46621, July 31, 2000; 67 FR 13234, Mar. tor’s franchise area and not broadcast 21, 2002] on a television station available within that franchise area. A cable operator or EDITORIAL NOTE: At 63 FR 65116, Nov. 25, affiliate will be permitted to lease 1998, § 74.931 was amended by redesignating ITFS excess capacity equivalent to one paragraphs (d) and (e) as (b) and (c), redesig- MDS channel within 32 km (20 miles) of nating paragraphs (f) through (k) as (e) through (j), revising paragraphs (a), (b) and the cable television franchise area or (c), and adding a new paragraph (d); however, service area for this purpose, and, with- (b) and (c) already exist. in 32 km (20 miles) of the cable television franchise area or service area, EFFECTIVE DATE NOTE: At 65 FR 46621, July no more ITFS excess capacity than the 31, 2000, paragraph (d) was revised. Paragraph equivalent of one MDS channel may be (d)(1) contains information collection and used by a cable television company or recordkeeping requirements and will not become effective until approval has been given affiliate pursuant to this paragraph by the Office of Management and Budget. (k). The licensee for a cable operator

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§ 74.932 Eligibility and licensing re- licensed to a single licensee. However, quirements. individual licensees will be governed by (a) With certain limited exceptions the limitations of §§ 74.902 and 74.990(d) set forth in §§ 74.990 through 74.992 of of this part as to the number of chan- this part, a license for an instructional nels which may be used. A single li- television fixed station will be issued cense may be issued for more than one only to an accredited institution or to transmitter if they are to be located at a governmental organization engaged a common site and operated by the in the formal education of enrolled stu- same licensee. Applicants are expected dents or to a nonprofit organization to accomplish the proposed operation whose purposes are educational and in- by the use of the smallest number of clude providing educational and in- channels required to provide the need- structional television material to such ed service. accredited institutions and govern- (c) An application for a new instruc- mental organizations, and which is tional television fixed station or for otherwise qualified under the statutory changes in the facilities of an existing provisions of the Communications Act station shall specify the location of the of 1934, as amended. transmitter, all proposed receiving in- (1) Only local applicants can file ap- stallations, response transmitters, and plications and be considered for li- any relay transmitters which will be censes during the local priority period, under the control of or will be equipped which extends for one year from the ef- for reception by the applicant. If recep- fective date of these rules. tion is also intended at unspecified lo- (i) During this local priority period, cations, i.e., if power is deliberately ra- the existing of any outstanding appli- diated to locations or areas so that vol- cation for ITFS channels by a nonlocal untary reception will be possible, the applicant will not prevent the filing applications shall include a complete and/or grant of an application by a statement as to the purpose of such ad- local entity for those same channels. ditional reception. (2) A publicly supported educational (d) In case of permanent discontinu- institution must be accredited by the ance of operation of a station licensed appropriate state department of edu- under this subpart, authority to oper- cation. ate is forfeited and the licensee shall (3) A privately controlled educational forward the station license to the Com- institution must be accredited by the mission for cancellation. For the pur- appropriate state department of edu- poses of this section, a station which is cation or the recognized regional and not operated for a period of one year is national accrediting organizations. considered to have been permanently (4) Those applicant organizations discontinued. If use of a channel(s) is whose eligibility is established by serv- discontinued, authority to operate on ice to accredited institutional or gov- such channel(s) is forfeited and an ap- ernmental organizations must submit plication for modification shall be filed documentation from proposed receive to delete such channel(s). sites demonstrating that they will re- (e) No receive site more than 35 miles ceive and use the applicant’s edu- from the transmitter site shall be used cational usage. In place of this docu- to establish basic eligibility. mentation, a state educational tele- NOTE 1: A ‘‘local’’ licensee (or applicant) is vision (ETV) commission may dem- an institution or organization that is phys- onstrate that the public schools it pro- ically located in the community, or metro- poses to serve are required to use its politan area, where service is proposed. For a proposed educational usage. college or university, this would include any (5) Nonlocal applicants, in addition area where it has a campus. An educational to submitting letters from proposed re- organization will generally be regarded as ceive sites, must demonstrate the es- ‘‘local’’ if the address of the organization’s tablishment of a local program com- headquarters is located within the area where the facility is sought. An entity cre- mittee in each community where they ated by a state or local government for the apply. purpose of serving formal educational needs (b) No numerical limit is placed on will be considered ‘‘local’’ throughout the the number of stations which may be area within the government’s jurisdiction

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over which its authority is intended to ex- § 74.935 EIRP limitations. tend. An educational entity located within a state and created by affiliated educational (a) The maximum EIRP of a main or institutions within that state, including hos- booster station shall not exceed 33 dBW pitals, will be considered ‘‘local’’ in those + 10log(X/6) dBW, where X is the actual areas where the member institutions are lo- bandwidth if other than 6 MHz, except cated. as provided in paragraph (b) of this sec- NOTE 2: Documentation from proposed re- tion. ceive sites which are to establish the eligi- (b) If a main or booster station bility of an entity not serving its own en- sectorizes or otherwise uses one or rolled students for credit should be in letter form, written and signed by an adminis- more transmitting antennas with a trator or authority who is responsible for the non-omnidirectional horizontal plane receive site’s curriculum planning. The ad- radiation pattern, the maximum EIRP ministrator must indicate that the appli- over a 6 MHz channel in dBW in a given cant’s program offerings have been viewed direction shall be determined by the and that such programming will be incor- following formula: porated in the site’s curriculum. The letter should discuss the types of programming and EIRP = 33 dBW + 10 log(X/6) dBW + 10 hours per week of formal and informal pro- log(360/beamwidth) dBW, where X is gramming expected to be used and the site’s the channel width in MHz and 10 involvement in the planning, scheduling and log(360/beamwidth) ≤ 6 dB. production of programming. If other levels of authority must be obtained before a firm Beamwidth is the total horizontal commitment to utilize the service can be plane beamwidth of the individual made, the nature and extent of such addi- transmitting antenna for the station or tional authorization(s) must be provided. any sector measured at the half-power NOTE 3: Letters submitted on behalf of a points. nonlocal entity must confirm that a member (c) An increase in station EIRP, of the receive site’s staff will serve on the above currently-authorized or pre- local program committee and demonstrate a recognition of the composition and power of viously-proposed values, to the max- the committee. The letter should show that imum values provided in paragraphs (a) the staff member will aid in the selection, and (b) of this section may be author- scheduling and production of the program- ized, if an applicant demonstrates that ming received over the system. the requested EIRP increase would not [28 FR 13731, Dec. 14, 1963, as amended at 36 cause harmful interference to any au- FR 8873, May 14, 1971; 49 FR 32596, Aug. 15, thorized or previously-proposed, co- 1984; 50 FR 26760, June 28, 1985; 51 FR 9800, channel or adjacent channel station en- Mar. 21, 1986; 56 FR 57819, Nov. 14, 1991; 58 FR titled to interference protection under 44951, Aug. 25, 1993; 60 FR 20247, Apr. 25, 1995; the Commission’s rules, or if an appli- 64 FR 63739, Nov. 22. 1999] cant demonstrates that: (1) A station that must be protected § 74.933 Remote control operation. from interference could compensate for Licensed ITFS stations may be oper- interference by increasing its EIRP; ated by remote control without further and authority. (2) The interfered-with station may [52 FR 3806, Feb. 6, 1987] increase its own EIRP consistent with the rules and without causing harmful § 74.934 Unattended operation. interference to any cochannel or adjacent channel main or booster station Unattended operation of licensed protected service area, response station ITFS stations is permitted without fur- hub or BTA/PSA, for which consent for ther authority. the increased interference has not been (a) An unattended relay station may obtained ; and be employed to receive and retransmit (3) The applicant requesting author- signals of another station provided ization of an EIRP increase agrees to that the transmitter is equipped with pay all expenses associated with the in- circuits which permit it to radiate only crease in EIRP by the interfered-with when the signal intended to be retrans- station. mitted is present at the receiver input (d) For television transmission, the terminals. peak power of the accompanying aural [52 FR 3806, Feb. 6, 1987] signal must not exceed 10 percent of

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the peak visual power of the trans- emissions with non-uniform power mitter. The Commission may order a spectral density, if the applicant pro- reduction in aural signal power to di- vides information in accordance with minish the potential for harmful inter- the guidelines and procedures set forth ference. in the Declaratory Ruling and Order (e) For main, booster and response which clearly demonstrates the spec- stations utilizing digital emissions tral occupancy and interference char- with non-uniform power spectral den- acteristics of the emission. The li- sity (e.g. unfiltered QPSK), the power censee may subchannelize its author- measured within any 100 kHz resolu- ized bandwidth, provided that digital tion bandwidth within the 6 MHz chan- modulation is employed and the aggre- nel occupied by the non-uniform emis- gate power does not exceed the author- sion cannot exceed the power per- ized power for the channel, and may mitted within any 100 kHz resolution utilize all or a portion of its authorized bandwidth within the 6 MHz channel if bandwidth for ITFS response stations it were occupied by an emission with authorized pursuant to § 74.939. The li- uniform power spectral density, i.e., if censee may also, jointly with affected the maximum permissible power of a adjacent channel licensees, transmit station utilizing a perfectly uniform utilizing bandwidth in excess of its au- power spectral density across a 6 MHz thorized frequencies, provided that dig- channel were 2000 watts EIRP, this ital modulation is employed, all power would result in a maximum permissible spectral density requirements set forth power flux density for the station of in this part are met and the out-of- 2000/60 = 33.3 watts EIRP per 100 kHz band emissions restrictions set forth in bandwidth. If a non-uniform emission § 74.936 are met at the edges of the were substituted at the station, station channels employed. The wider channels power would still be limited to a max- thus created may be redivided to create imum of 33.3 watts EIRP within any 100 narrower channels. kHz segment of the 6 MHz channel, ir- (b) Notwithstanding the above, any respective of the fact that this would digital emission which complies with result in a total 6 MHz channel power the out-of-band emission restrictions of of less than 2000 watts EIRP. § 21.908 of this chapter may be used in [55 FR 46013, Oct. 31, 1990, as amended at 58 the following circumstances: FR 44951, Aug. 25, 1993; 63 FR 65117, Nov. 25, (1) At any ITFS main or booster sta- 1998; 64 FR 63739, Nov. 22, 1999] tion transmitter which is located more than 160.94 km (100 miles) from the § 74.936 Emissions and bandwidth. nearest boundary of all cochannel and (a) An ITFS station may employ am- adjacent channel ITFS and MDS pro- plitude modulation (C3F) for the trans- tected service areas, including Basic mission of the visual signal and fre- Trading Areas and Partitioned Service quency modulation (F3E) or (G3E) for Areas; and the transmission of the aural signal (2) At all ITFS response station when transmitting a standard analog transmitters within a response service television signal. Quadrature ampli- area if all points along the response tude modulation (QAM), digital ves- service area boundary line are more tigial sideband modulation (VSB), than 160.94 km (100 miles) from the quadrature phase shift key modulation nearest boundary of all cochannel and (QPSK), code division multiple access adjacent channel ITFS and MDS pro- (CDMA) and orthogonal frequency divi- tected service areas, including Basic sion multiplex (OFDM) emissions may Trading Areas and Partitioned Service be employed, subject to compliance Areas; and with the policies set forth in the (3) At any ITFS transmitter where Declaratory Ruling and Order, 11 FCC all parties entitled by this part to in- Rcd 18839 (1996). Use of OFDM also is terference protection from that trans- subject to the subsequently Digital De- mitter have mutually consented to the claratory Ruling and Order, DA 99–554 use at that transmitter of such emis- (Mass Med. Bur. rel. Mar. 19, 1999). sions. Other digital emissions may be added (c) The maximum out-of-band power to those authorized above, including of an ITFS station transmitter or

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booster transmitting on a single 6 MHz A transmitter licensed prior to Novem- channel with an EIRP in excess of ¥9 ber 1, 1991, that remains at the station dBW employing analog modulation site initially licensed, and does not shall be attenuated at the channel comply with this paragraph, may con- edges by at least 38 dB relative to the tinue to be used for its life if it does peak visual carrier, then linearly slop- not cause harmful interference to the ing from that level to at least 60 dB of operation of any other licensee. Any attenuation at 1 MHz below the lower non-conforming transmitter replaced band edge and 0.5 MHz above the upper after November 1, 1991, must be re- band edge, and attenuated at least 60 placed by a transmitter meeting the re- dB at all other frequencies. The max- quirements of this paragraph. imum out-of-band power of an ITFS (d) A booster transmitting on mul- station transmitter or booster trans- tiple contiguous or non-contiguous mitting on a single 6 MHz channel or a channels carrying separate signals (a portion thereof with an EIRP in excess ‘‘broadband’’ booster) with an EIRP in ¥ of 9 dBW (or, when subchannels are excess of ¥9 dBW per 6 MHz channel used, the appropriately adjusted value and employing analog, digital or a based upon the ratio of the channel-to- combination of these modulations shall subchannel bandwidths) employing dig- have the following characteristics: ital modulation shall be attenuated at (1) For broadband boosters operating the 6 MHz channel edges at least 25 dB in the frequency range of 2.150–2.160/2 relative to the licensed average 6 MHz GHz, the maximum out-of-band power channel power level, then attenuated shall be attenuated at the upper and along a linear slope to at least 40 dB at lower channel edges forming the band 250 kHz beyond the nearest channel edge, then attenuated along a linear edges by at least 25 dB relative to the slope from that level to at least 60 dB licensed analog peak visual carrier or at 3 MHz above the upper and below the digital average power level (or, when lower licensed channel edges, and at- subchannels are used, the appro- tenuated at least 60 dB at all other fre- priately adjusted value based on upon quencies. Notwithstanding the fore- the ratio of the channel-to-subchannel going, in situations where an ITFS sta- bandwidths), then linearly sloping from tion or booster station transmits, or that level to at least 40 dB of attenu- where adjacent channel licensees joint- ation at 0.25 MHz above and below the ly transmit, a single signal over more band edges, then linearly sloping from than one contiguous 6 MHz channel that level to at least 60 dB of attenu- utilizing digital modulation with an ation at 3.0 MHz above and below the EIRP in excess of ¥9 dBW (or, when band edges, and attenuated at least 60 subchannels or superchannels are used, dB at all other frequencies. the appropriately adjusted value based (2) For broadband boosters operating upon the ratio of 6 MHz to the sub- in the frequency range of 2.500–2.690 channel or superchannel bandwidth), GHz, the maximum out-of-band power the maximum out-of-band power shall shall be attenuated at the upper and be attenuated at the channel edges of lower channel edges forming the band those combined channels at least 25 dB edges by at least 25 dB relative to the relative to the power level of each licensed analog peak visual carrier or channel, then attenuated along a linear digital average power level (or, when slope from that level to at least 40 dB subchannels are used, the appro- at 250 kHz above or below the channel priately adjusted value based on upon edges of those combined channels, then the ratio of the channel-to-subchannel attenuated along a linear slope from bandwidths), then linearly sloping from that level to at least 60 dB at 3 MHz that level to at least 40 dB of attenu- above the upper and below the lower ation at 0.25 MHz above and below the edges of those combined channels, and band edges, then linearly sloping from attenuated at least 60 dB at all other that level to at least 50 dB of attenu- frequencies. However, should harmful ation at 3.0 MHz above and below the interference occur as a result of emis- band edges, then linearly sloping from sions outside the assigned channel, ad- that level to at least 60 dB of attenu- ditional attenuation may be required. ation at 20 MHz above and below the

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band edges, and attenuated at least 60 erage 6 MHz channel transmitter out- dB at all other frequencies. put power level (P), then attenuated (3) Within unoccupied channels in the along a linear slope to at least 40 dB or frequency range of 2.500–2.690 GHz, the 33+10log(P) dB, whichever is the lesser maximum out-of-band power shall be attenuation, at 250 kHz beyond the attenuated at the upper and lower nearest channel edge, then attenuated channel edges of an unoccupied channel along a linear slope from that level to by at least 25 dB relative to the li- at least 60 dB or 43+10log(P) dB, which- censed analog peak visual carrier ever is the lesser attenuation, at 3 MHz power level or digital average power above the upper and below the lower li- level of the occupied channels (or, censed channel edges, and attenuated when subchannels or 125 kHz channels at least 60 dB or 43+10log(P) dB, which- are used, the appropriately adjusted ever is the lesser attenuation, at all value based upon the ratio of the chan- other frequencies. Where ITFS re- nel-to-subchannel bandwidths), then sponse stations with digital modula- linearly sloping from that level to at tion utilize all or part of more than one least 40 dB of attenuation at 0.25 MHz contiguous 6 MHz channel to form a above and below the occupied channel larger channel (e.g., a channel of width edges, then linearly sloping from that 12 MHz), the above-specified attenu- level to at least 50 dB of attenuation at ations shall be applied only at the 3.0 MHz above and below the occupied upper and lower edges of the overall channel edges, and attenuated at least combined channel. Notwithstanding 50 dB at all other unoccupied fre- these provisions, should harmful inter- quencies. ference occur as a result of emissions (e) Boosters operating with an EIRP outside the assigned channel(s), addi- less than ¥9 dBW per 6 MHz channel tional attenuation may be required by shall have no particular out-of-band the Commission. power attenuation requirement, except (g) The requirements of § 73.687(c)(2) that if they cause harmful inter- will be considered to be satisfied inso- ference, their operation shall be termi- far as measurements of operating nated within 2 hours of notification by power are concerned if the transmitter the Commission until the interference is equipped with instruments for deter- can be cured. mining the combined visual and aural (f) The maximum out-of-band power operating power. However, licensees of an ITFS response station using all are expected to maintain the operating or part of a 6 MHz channel, employing powers within the limits specified in digital modulation and transmitting § 74.935. Measurements of the separate with an EIRP greater than ¥6 dBW per visual and aural operating powers must 6 MHz channel shall be attenuated (as be made at sufficiently frequent inter- measured in accordance with § 21.908(e)) vals to insure compliance with the at the 6 MHz channel edges at least 25 rules, and in no event less than once a dB relative to the average 6 MHz chan- month. However, the provisions of nel power level, then attenuated along § 73.687(c)(2) and of this paragraph shall a linear slope to at least 40 dB at 250 not be applicable to ITFS response sta- kHz beyond the nearest channel edge, tions or to low power ITFS booster sta- then attenuated along a linear slope tions authorized pursuant to § 74.985(e). from that level to at least 60 dB at 3 (h) Compliance with the out-of-band MHz above the upper and below the emissions limitations shall be estab- lower licensed channel edges, and at- lished in accordance with § 21.908(e) of tenuated at least 60 dB at all other fre- this chapter. quencies. The maximum out-of-band [63 FR 65117, Nov. 25, 1998, as amended at 64 power of an ITFS response station FR 63740, Nov. 22, 1999; 65 FR 46622, July 31, using all or part of a 6 MHz channel, 2000] employing digital modulation and transmitting with an EIRP no greater § 74.937 Antennas. than ¥6 dBW per 6 MHz channel shall (a) In order to minimize the hazard of be attenuated (as measured in accord- harmful cochannel and adjacent chan- ance with § 21.908(e)) at the channel nel interference from other stations, edges at least 25 dB relative to the av- directive receiving antennas should be

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used at all receiving locations other erence antenna. Should interference than response station hubs and re- occur and it can be demonstrated that sponse stations operating with an the existing receiving antenna is inad- EIRP no greater than ¥6 dBW per 6 equate, a more suitable antenna should MHz channel. The choice of receiving be installed. In such cases, installation antennas is left to the discretion of the of the new receiving antenna will be licensee. However, for the purpose of the responsibility of the system oper- interference calculations, except as set ator serving the receive site. A re- forth in § 74.939, the general character- sponse station operating with an EIRP istics of the reference receiving an- no greater than ¥6 dBW per 6 MHz tenna shown in Figure 1 of this section channel may use an omnidirectional (i.e., a 0.6 meter (2 foot) parabolic reflector antenna, are assumed to be used receiving antenna. However, for the in accordance with the provisions of purpose of interference protection, § 74.903(a)(3) unless pertinent data is such response stations will be treated submitted of the actual antenna in use as if utilizing a receive antenna meet- for reception. Licensees may install re- ing the requirements of the reference ceiving antennas with general charac- receiving antenna shown in Figure 1 of teristics superior to those of the ref- this section.

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(b) Except as set forth in § 74.931(c)(4) be designed to minimize radiation in and (d)(3), directive transmitting an- directions where no reception is in- tennas shall be used whenever feasible tended. When an ITFS station is used so as to minimize interference to other for point-to-point service, an appro- licensees. The radiation pattern shall priate directional antenna must be

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used. Notwithstanding these provi- voice, video and/or data signals with its sions, response stations operating with associated ITFS response station hub an EIRP no greater than ¥6 dBW per 6 or associated ITFS station. An ITFS MHz channel may utilize response station may be operated only omnidirectional transmitting anten- by the licensee of the ITFS station, by nas. any person or entity authorized by the (c) The use of elevated receiving an- ITFS licensee to receive point-to- tennas is preferable to the use of ele- multipoint transmissions over its vated transmitting antennas or greater channels, by any lessee of excess capac- power to provide the desired service. ity, or by a subscriber of any lessee of (d) The use of vertical or horizontal excess capacity. The authorized chan- plane polarization or right-hand or nel may be divided to provide distinct left-hand rotating (circular) polarization may be used to minimize the haz- subchannels for each of more than one ard of harmful interference between response station, provided that digital systems. The Commission reserves the modulation is employed and the aggre- right to specify the polarization to be gate power does not exceed the author- used. ized power for the channel. An ITFS re- (e) The power gain compared to an sponse station may also, jointly with isotropic antenna and the directive other licensees, transmit utilizing properties of the transmitting and re- bandwidth in excess of that authorized ceiving antennas proposed to be em- to the station, provided that digital ployed, as well as the geometric dis- modulation is employed, all power tribution of the transmitting and re- spectral density requirements set forth ceiving points, shall be supplied with in this part are met, and the out-of- each application for a new ITFS fixed band emission restrictions set forth in station or for changes in the antenna § 74.936 or paragraph (k) of this section facilities of an existing station. are complied with. [28 FR 13731, Dec. 14, 1963, as amended at 48 (b) ITFS response stations that uti- FR 9012, Mar. 3, 1983; 49 FR 32596, Aug. 15, lize the 2150–2162 MHz band pursuant to 1984; 50 FR 26761, June 28, 1985; 52 FR 3806, § 74.902(f), the 2500–2686 MHz band, and/ Feb. 6, 1987; 58 FR 44951, Aug. 25, 1993; 63 FR or the 125 kHz channels identified in 65118, Nov. 25, 1998; 65 FR 46622, July 31, 2000] paragraph (j) of this section may be in- § 74.938 Transmission standards. stalled and operated without an individual license, to communicate with a The width of an ITFS channel is 6 response station hub, provided that the MHz. However, the licensee may subchannelize its authorized bandwidth, conditions set forth in paragraph (g) of provided that digital modulation is em- this section are met and that ITFS re- ployed and the aggregate power does sponse stations’ technical parameters not exceed the authorized power for the are consistent with all applicable rules channel, and may utilize all or a por- in this part and with the terms and tion of its authorized bandwidth for conditions set out in the Commission’s ITFS response stations authorized pur- Declaratory Ruling and Order, 11 FCC suant to § 74.939. The licensee may also, Rcd 18839 (1996). jointly with other licensees, transmit (c) An applicant for a response sta- utilizing bandwidth in excess of its au- tion hub license, or for modification thorized bandwidth, provided that dig- thereto, shall: ital modulation is employed, all power (1) File FCC Form 331 with the Com- spectral density requirements set forth mission in Washington, DC, and certify in this part are met and the out-of- on that form that it has complied with band emissions restrictions set forth in the requirements of paragraphs (c)(2) § 74.936 are met at the edges of the and (d) of this section and that the in- channels employed. terference data submitted under para- [63 FR 65119, Nov. 25, 1998] graph (d) of this section is complete and accurate. Failure to certify com- § 74.939 ITFS response stations. pliance and to comply completely with (a) An ITFS response station is au- the requirements of paragraphs (c)(2) thorized to provide communication by and (d) of this section shall result in

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dismissal of the application or revoca- licensee entitled to any cochannel pro- tion of the response station hub li- tected service area which is overlapped cense, and may result in imposition of by the proposed response service area a monetary forfeiture; and has consented to such overlap; and (2) Submit the following (see (iii) The combined signals of all si- § 21.902(m) for permissible formats and multaneously operating ITFS response media) to the Commission’s Reference stations within all response service Room: areas and oriented to transmit towards (i) The data files required by Appen- their respective response station hubs dix D (as amended) to the Report and and all cochannel ITFS stations and Order in MM Docket 97–217, FCC 98–231, booster stations licensed to or applied ‘‘Methods For Predicting Interference for by the applicant will not generate a From Response Station Transmitters power flux density in excess of ¥73 And To Response Station Hubs And For dBW/m2 (or the appropriately adjusted Supplying Data on Response Station value based on the actual bandwidth Systems’’; and used if other than 6 MHz, see (ii) The demonstrations and certifi- § 74.903(a)(6)(i)) outside the boundaries cations required by paragraph (d) of of the applicant’s protected service this section. area, as measured at locations for (d) An applicant for a response sta- which there is an unobstructed signal tion hub license shall prepare the fol- path, except to the extent that consent lowing: of affected licensees has been obtained (1) A demonstration describing the or consents have been granted pursu- system channel plan, to the extent ant to paragraph (d)(3)(ii) of this sec- that such information is not contained tion to an extension of the response in the data file required in (c)(2)(i) of service area beyond the boundaries of this section; and the protected service area; and (2) A demonstration that: (iv) The combined signals of all si- (i) The proposed response station hub multaneously operating ITFS response is within the protected service area, as stations within all response service defined in § 21.902(d)(1) of this chapter, areas and oriented to transmit towards of the ITFS station(s) whose channels their respective response station hubs, will be used for communications to the and all cochannel ITFS stations and response station hub or, in the case of booster stations licensed to or applied an application for response stations to for by the applicant, will result in a de- utilize one or more of the 125 kHz re- sired to undesired signal ratio of at sponse channels, the response station least 45 dB (or the appropriately ad- hub is within the protected service justed value based on the actual band- area of the station authorized to utilize width used if other than 6 MHz, see the associated channel(s); and § 74.903(a)(6)(ii)): (ii) The entire proposed response (A) Within the protected service area service area is within the protected of any authorized or previously-pro- service area of the ITFS station(s) posed cochannel MDS or ITFS station whose channels will be used for com- with a 56.33 km (35 mile) protected munications to the response station service area with center coordinates lo- hub or, in the alternative, the appli- cated within 160.94 km (100 miles) of cant may demonstrate that the li- the proposed response station hub; and censee of any cochannel protected serv- (B) Within the booster service area of ice area which is overlapped by the pro- any cochannel booster station entitled posed response service area has con- to such protection pursuant to sented to such overlap. In the case of §§ 21.913(f) of this chapter or 74.985(f) an application for response stations to and located within 160.94 km (100 miles) utilize one or more of the 125 kHz re- of the proposed response station hub; sponse channels, such demonstration and shall establish that the response serv- (C) At any registered receive site of ice area is entirely within the pro- any authorized or previously-proposed tected service area of the station au- cochannel ITFS station or booster sta- thorized to utilize the associated chan- tion located within 160.94 km (100 nel(s), or, in the alternative, that the miles) of the proposed response station

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hub, or, in the alternative, that the li- (ii) The holder of any cochannel or censee or applicant for such cochannel adjacent channel authorization with a station or hub consents to the applica- protected service area that adjoins the tion; and applicant’s protected service area; (v) The combined signals of all simul- (iii) The holder of a cochannel or ad- taneously operating ITFS response sta- jacent channel authorization for any tions within all response service areas BTA or PSA inside whose boundaries and oriented to transmit towards their are locations for which there is an un- respective response station hubs, and obstructed signal path for combined all cochannel ITFS stations and boost- signals from within the response sta- er stations licensed to or applied for by tion hub applicant’s protected service the applicant, will result in a desired area; and to undesired signal ratio of at least 0 (iv) Every licensee of, or applicant dB (or the appropriately adjusted value for, any cochannel or adjacent channel, based on the actual bandwidth used if authorized or previously-proposed, in- other than 6 MHz, see § 74.903(a)(6)(iii)): cumbent MDS station with a 56.33 km (A) Within the protected service area (35 mile) protected service area with of any authorized or previously-pro- center coordinates located within 160.94 posed adjacent channel MDS or ITFS km (100 miles) of the proposed response station with a 56.33 km (35 mile) pro- station hub; and tected service area with center coordi- (v) Every licensee of, or applicant for, nates located within 160.94 km (100 any cochannel or adjacent channel, au- miles) of the proposed response station thorized or previously-proposed ITFS hub; and station (including any booster station (B) Within the booster service area of or response station hub) located within any adjacent channel booster station 160.94 km (100 miles) of the proposed re- entitled to such protection pursuant to sponse station hub. §§ 21.913(f) of this chapter or 74.985(f) (e) Applications for response station and located within 160.94 km (100 miles) hub licenses shall be deemed minor of the proposed response station hub; change applications and, except as pro- and vided in § 74.911(e), may be filed at any (C) At any registered receive site of time. Notwithstanding any other provi- any authorized or previously-proposed sion of part 74, applications for re- adjacent channel ITFS station or sponse station hub licenses meeting booster station located within 160.94 the requirements of paragraph (c) of km (100 miles) of the proposed response this section shall cut-off applications station hub, or, in the alternative, that that are filed on a subsequent day for the licensee of or applicant for such ad- facilities that would cause harmful jacent channel station or hub consents electromagnetic interference to the to such application; and proposed response station hubs. A re- (vi) The combined signals of all si- sponse station hub shall not be entitled multaneously operating ITFS response to protection from interference caused stations within all response service by facilities proposed on or prior to the areas and oriented to transmit toward day the application for the response their respective response station hub station hub license is filed. Response and all cochannel ITFS stations and stations shall not be required to pro- booster stations licensed to or applied tect from interference facilities pro- for by the applicant will comply with posed on or after the day the applica- the requirements of §§ 21.909(i) of this tion for the response station hub li- chapter and paragraph (i) of this sec- cense is filed. tion. (f) Notwithstanding the provisions of (3) [Reserved] § 74.912 and except as provided by (4) A certification that the applica- § 74.911(e), any petition to deny an ap- tion has been served upon plication for a response station hub li- (i) The holder of any cochannel or ad- cense shall be filed no later than the jacent channel authorization with a sixtieth (60th) day after the date of protected service area which is over- public notice announcing the filing of lapped by the proposed response service such application or major amendment area; thereto. Except as provided in

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§ 74.911(e), an application for a response emissions of all response stations using station hub license that meets the re- all or part of one or multiple contig- quirements of this section shall be uous 125 kHz channels shall comply granted on the sixty-first (61st) day with paragraph (k) of this section. after the Commission shall have given However, should harmful interference public notice of the acceptance for fil- occur as a result of emissions outside ing of it, or of a major amendment to the assigned channel, additional at- it if such major amendment has been tenuation may be required; and filed, unless prior to such date either a (6) The response stations transmit- party in interest timely files a formal ting simultaneously at any given time petition to deny or for other relief pur- within any given region of the response suant to § 74.912, or the Commission no- service area utilized for purposes of tifies the applicant that its application analyzing the potential for inter- will not be granted. Where an applica- ference by response stations shall con- tion is granted pursuant to the provi- form to the numerical limits for each sions of this paragraph, the conditional class of response station proposed in licensee or licensee shall maintain a the application for the response station copy of the application at the response hub license. Notwithstanding the fore- station hub until such time as the going, where a response station hub li- Commission issues a response station censee subchannelizes pursuant to hub license. § 74.939(a) and limits the maximum (g) An ITFS response station hub li- EIRP emitted by any individual re- cense establishing a response service sponse station proportionately to the area shall be conditioned upon compli- fraction of the channel that the re- ance with the following: sponse station occupies, the licensee (1) No ITFS response station shall be may operate simultaneously on each located beyond the response service subchannel the number of response sta- area of the response station hub with tions specified in the license. More- which it communicates; and over, the licensee of a response station (2) No ITFS response station shall op- hub may alter the number of response erate with a transmitter output power stations of any class operated simulta- in excess of 2 watts; and neously in a given region, without (3) No response station shall operate prior Commission authorization, pro- with an EIRP in excess of that speci- vided that the licensee: fied in the application for the response (i) Files with the Commission (see station hub for the particular regional § 21.902(m) for permissible format(s) and class of characteristics with which the media) a demonstration indicating the response station is associated, and such number of response stations of such response station shall not operate with class(es) to be operated simultaneously an EIRP in excess of 33 dBW + 10log(X/ in such region and a certification that 6) dBW, where X is the channel width it has complied with the requirements in MHz, and of paragraphs (g)(6)(ii) and (iii) of this (4) Each response station shall em- section and that the interference data ploy a transmission antenna oriented submitted pursuant to paragraph towards the response station hub with (g)(6)(ii) is complete and accurate; and which the response station commu- (ii) Provides the Commission’s Ref- nicates and such antenna shall be no erence Room (see § 21.902(m) for permis- less directive than the worst-case outer sible formats and media) with an up- envelope pattern specified in the appli- date of the previously-filed response cation for the response station hub for station data and with a demonstration the regional class of characteristics that such alteration will not result in with which the response station is as- any increase in interference to the pro- sociated; and tected service area or protected receive (5) The combined out-of-band emis- sites of any existing or previously-pro- sions of all response stations using all posed, cochannel or adjacent channel or part of one or multiple contiguous 6 MDS or ITFS station or booster sta- MHz channels and employing digital tion, to the protected service area of modulation shall comply with any MDS Basic Trading Area or Parti- § 74.936(e). The combined out-of-band tioned Service Area licensee entitled to

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protection pursuant to paragraph (d)(3) operate fully and in good faith with ef- of this section, or to any existing or forts by the response station hub li- previously-proposed, cochannel or adja- censee to prevent interference before cent channel response station hub, or constructing response stations and/or response station under § 21.949 or § 74.949 to remedy interference that may occur. of this chapter; or that the applicant In the event that the associated re- for or licensee of such facility has con- sponse station(s) of more than one re- sented to such interference; and sponse station hub licensee con- (iii) Serves a copy of such demonstra- tribute(s) to block downconverter in- tion and certification upon each party terference at an MDS or ITFS receive entitled to be served pursuant to para- site, such hub licensees shall cooperate graph (d)(3) of this section; and in good faith to remedy promptly the (7) Where an application is granted interference. under this section, if a facility oper- (h) Applicants must comply with part ated pursuant to that grant causes 17 of this chapter concerning notifica- harmful, unauthorized interference to tion to the Federal Aviation Adminis- any cochannel or adjacent channel fa- tration of proposed antenna construc- cility, it must promptly remedy the in- tion or alteration for all hub stations terference or immediately cease oper- and associated response stations. ations of the interfering facility, re- (i) Response station hubs shall be gardless of whether any petitions to protected from cochannel and adjacent deny or for other relief were filed channel interference in accordance against the application during the ap- with the following criteria: plication process. The burden of prov- (1) An applicant for any new or modi- ing that a facility operated under this fied MDS or ITFS station (including section is not causing harmful, unau- any high-power booster station or re- thorized interference lies on the li- sponse station hub) shall be required to censee of the alleged interfering facil- demonstrate interference protection to ity, following the filing of a docu- a response station hub within 160.94 km mented complaint of interference by an (100 miles) of the proposed facilities. In affected party; and lieu of the interference protection re- (8) In the event any MDS or ITFS requirements set forth in §§ 21.902(i) of ceive site suffers interference due to this chapter, 21.938(b)(3) of this chapter block downconverter overload, the li- and 74.903, such demonstration shall es- censee of each non-co/adjacent re- tablish that the proposed facility will sponse station hub with a response not increase the effective power flux service area within five miles of such density of the undesired signals gen- receive site shall cooperate in good erated by the proposed facility and any faith to expeditiously identify the associated main stations, booster sta- source of the interference. Each li- tions or response stations at the re- censee of a response station hub with sponse station hub antenna for any sec- an associated response station contrib- tor. In lieu of the foregoing, an appli- uting to such interference shall bear cant for a new MDS or ITFS main sta- the joint and several obligation to tion license or for a new or modified re- promptly remedy all block sponse station hub or booster license downconverter overload interference at may demonstrate that the facility will any ITFS registered receive site or at not increase the noise floor at a recep- any receive site within an MDS or tion antenna of the response station ITFS protected service area applied for hub by more than 1 dB for cochannel prior to the submission of the applica- signals and 45 dB for adjacent channel tion for the response station hub li- signals, provided that: cense, regardless of whether the receive (i) The entity submitting the applica- site suffering the interference was con- tion may only invoke this alternative structed prior to or after the construc- once per response station hub reception tion of the response station(s) causing sector; or the downconverter overload; provided, (ii) The licensee of the affected re- however, that the licensee of the reg- sponse station hub may consent to re- istered ITFS receive site or the MDS or ceive a certain amount of interference ITFS protected service area must co- at its hub.

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(2) Commencing upon the filing of an nels listed in the following table shall application for an ITFS response sta- be assigned to the licensees of MDS and tion hub license and until such time as ITFS stations for use at response sta- the application is dismissed or denied tions, or for licensing for point-to- or, if the application is granted, a cer- multipoint transmissions pursuant to tification of completion of construc- paragraph (l) of this section, in accord- tion is filed on FCC Form 330A, the ance with the table. The specified 125 ITFS station whose channels are being kHz frequency channel may be sub- utilized shall be entitled both to inter- divided to provide a distinct operating ference protection pursuant to frequency for each of more than one §§ 21.902(i) and 21.938(b)(3) of this chap- station, or may be combined with adja- ter and 74.903, and to protection of the cent channels, provided that digital response station hub pursuant to the modulation is employed in accordance preceding paragraph. Unless the appli- with paragraph (a) of this section. The cation for the response station hub li- specified 125 kHz frequency channels cense specifies that the same fre- also may be exchanged with the li- quencies also will be employed for dig- censee of another MDS or ITFS station ital and/or analog point-to-multipoint for use of another 125 kHz channel as- transmissions by ITFS stations and/or signed to the other licensee. ITFS booster stations, upon the sub- Main 125 kHz mission of a certification of completion channel channel of construction of an ITFS response Frequency (MHz) designa- designa- station hub on FCC Form 330A where tion tion the channels of an ITFS station are 2686.0625 A1 I1 being utilized as response station 2686.1875 B1 I2 2686.3125 C1 I3 transmit frequencies, the ITFS station 2686.4375 D1 I4 whose channels are being utilized for 2686.5625 E1 I5 response station transmissions shall no 2686.6875 F1 I6 longer be entitled to interference pro- 2686.8125 G1 I7 2686.9375 H1 I8 tection pursuant to §§ 21.902(i) and 2687.0625 A2 I9 21.938(b)(3) of this chapter and 74.903 2687.1875 B2 I10 within the response service area with 2687.3125 C2 I11 2687.4375 D2 I12 regard to any portion of any 6 MHz 2687.5625 E2 I13 channel employed solely for response 2687.6875 F2 I14 station communications. Upon the sub- 2687.8125 G2 I15 2687.9375 H2 I16 mission of a certification of completion 2688.0625 A3 I17 of construction of an ITFS response 2688.1875 B3 I18 station hub on FCC Form 330A where 2688.3125 C3 I19 the channels of an ITFS station are 2688.4375 D3 I20 2688.5625 E3 I21 being utilized for response station 2688.6875 F3 I22 transmissions and the application for 2688.8125 G3 I23 the response station hub license speci- 2688.9375 H3 I24 2689.0625 A4 I25 fies that the same frequencies will be 2689.1875 B4 I26 employed for point-to-multipoint 2689.3125 C4 I27 transmissions, the ITFS station whose 2689.4375 D4 I28 2689.5625 E4 I29 channels are being utilized shall be en- 2689.6875 F4 I30 titled both to interference protection 2689.8125 G4 I31 pursuant to §§ 21.902(i) and 21.938(b)(3) of this chapter and 74.903, and to pro- (k) 125 kHz wide response channels tection of the response station hub pur- shall be subject to the following re- suant to the preceding provisions of quirements: The 125 kHz wide channel this paragraph. shall be centered at the assigned fre- (j) ITFS response stations may oper- quency. If amplitude modulation is ate on either all or part of a 6 MHz used, the carrier shall not be modu- channel assigned a licensee, on any 125 lated in excess of 100%. If frequency kHz channel assigned a licensee, or on modulation is used, the deviation shall adjacent frequencies authorized to not exceed # 25 kHz. Any emissions out- multiple licensees where such stations side the channel shall be attenuated at are operated jointly. The 125 kHz chan- the channel edges at least 35 dB below

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peak output power when analog modu- authorized for point-to-multipoint lation is employed or 35 dB below li- transmissions is being modified. The censed average output power when dig- applicant also shall certify on the ap- ital modulation is employed (or, when propriate form that it has complied subchannels are used, the appro- with the requirements of paragraph priately adjusted value based upon the (l)(2) of this section. Failure to certify ratio of the channel-to-subchannel compliance and to comply completely bandwidths). Any emissions more than with the requirements of paragraph 125 kHz from either channel edge, in- (l)(2) of this section shall result in dis- cluding harmonics, shall be attenuated missal of the application or revocation at least 60 dB below peak output power of the authorization for point-to- when analog modulation is employed, multipoint transmissions on the rel- or at least 60 dB below licensed average evant I channels, and may result in im- output power when digital modulation position of a monetary forfeiture. is employed (or, when subchannels are Modification applications to convert I used, the appropriately adjusted value channels associated with ITFS stations based upon the ratio of the channel-to- to point-to-multipoint transmissions subchannel bandwidths). Notwith- shall be considered minor changes for standing the foregoing, in situations purposes of § 74.911. These applications where adjacent channel licensees joint- shall be subject to the procedures set ly transmit over more than one chan- forth in § 21.27(d) of this chapter or nel utilizing digital modulation, the § 74.911(e), as appropriate; and maximum out-of-band power shall be (2) Submit to the Commission’s Ref- attenuated at the edges of those com- erence Room (see § 21.902(m) for permis- bined channels at least 35 dB relative sible format(s) and media) the fol- to the licensed average power level of lowing: each channel. Emissions more than 125 (i) Duplicates of the Form 331 filed kHz from either edge of the combined with Mellon Bank or with the Commis- channels, including harmonics, shall be sion, as appropriate; and attenuated at least 60 dB below peak (ii) The interference analyses re- analog power or licensed average dig- quired to be performed under § 21.902 of ital power of each channel, as appro- this chapter, and § 21.938 of this chapter priate. Different types of emissions where appropriate, including the provi- may be authorized for use on 125 kHz sions of §§ 21.909 of this chapter, 21.913 wide channels if the applicant de- of this chapter, 74.939 and 74.985 regard- scribes fully the modulation and band- ing the protection of response station width desired, and demonstrates that hubs and booster service areas from the modulation selected will cause no harmful electromagnetic interference, more interference than is permitted and including protection of stations under this paragraph. Greater attenu- authorized pursuant to §§ 21.949 of this ation may be required if interference is chapter and 74.949 from harmful elec- caused by out-of-channel emissions. tromagnetic interference, using the ap- (l) Any MDS or ITFS conditional li- propriately adjusted interference pro- censee or licensee who wishes to use tection values based upon the ratio of one or more of its associated I channels the bandwidths in use; and for point-to-multipoint transmissions (3) Except as provided in § 21.27(d) of in a system with one or more author- this chapter or § 74.911(e), as appro- ized, or previously- or simultaneously- priate, be permitted to file applications proposed, response station hub(s) shall: to convert associated I channels to (1) File FCC Form 331 with the Com- point-to-multipoint transmissions at mission, filing with Mellon Bank for I any time. I channels used for point-to- channels associated with an MDS sta- multipoint transmissions shall be af- tion, and filing with the Commission in forded interference protection in the Washington, DC for I channels associ- same manner as other point-to- ated with an ITFS station. The appli- multipoint MDS and ITFS facilities, cation shall specify which of the asso- with appropriate adjustment of the in- ciated I channels is/are intended for terference protection values for band- point-to-multipoint transmissions, or width. Notwithstanding any other pro- whether an I channels station already vision of parts 21 and 74, applications

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to convert associated I channels to ing that a facility operated under this point-to-multipoint transmissions, paragraph is not causing harmful, un- meeting the requirements of para- authorized interference lies on the li- graphs (l) (1) and (2) of this section, censee of the alleged interfering facil- shall cut-off applications that are filed ity, following the filing of a docu- on a subsequent day for facilities that mented complaint of interference by an would cause harmful electromagnetic affected party. interference to the proposed point-to- (6) A certification that copies of the multipoint operations; and materials set forth in paragraph (l)(2) (4) Notwithstanding the provisions of of this section have been served upon §§ 21.30(a)(4) of this chapter and 74.912, the licensee or conditional licensee of and except as provided in § 21.27(d) of each station (including each response this chapter or § 74.911(e), as appro- station hub and booster station) re- priate, be subject to a petition to deny quired to be studied pursuant to para- an application to convert associated I graph (l)(3) of this section, and upon channels to point-to-multipoint trans- any affected holder of a Basic Trading missions that is filed no later than the Area or Partitioned Service Area au- sixtieth (60th) day after the date of thorization pursuant to paragraph (l)(2) public notice announcing the filing of of this section. such application or major amendment (m) A response station may be oper- thereto. Notwithstanding §§ 21.31 of this ated unattended. The overall perform- chapter and 74.911(d), and except as ance of the response station trans- provided in § 21.27(d) of this chapter or mitter shall be checked by the hub li- § 74.911(e), as appropriate, an applica- censee as often as necessary to ensure tion to convert associated I channels to that it is functioning in accordance point-to-multipoint transmissions that with the requirements of the Commis- meets the requirements of this para- sion’s rules. The licensee of a response graph shall be granted on the sixty- station hub is responsible for the prop- first (61st) day after the Commission er operation of all associated response shall have given public notice of the station transmitters. Each response acceptance for filing of it, or of a major station hub licensee is responsible for amendment to it if such major amend- maintaining, and making available to ment has been filed, unless prior to the Commission upon request, a list such date either a party in interest containing all customer names and ad- timely files a formal petition to deny dresses, plus the technical parameters or for other relief pursuant to § 21.30(a) (EIRP, emission, bandwidth, antenna of this chapter or § 74.912, or the Com- pattern/height/orientation/polariza- mission notifies the applicant that its tion) pertinent to each class of re- application will not be granted. Where sponse station within the response an application is granted pursuant to service area. the provisions of this paragraph, the (n) The transmitting apparatus em- conditional licensee or licensee shall ployed at ITFS response stations shall maintain a copy of the application at have received type certification. the I channels station until such time (o) An ITFS response station shall be as the Commission issues an I channels operated only when engaged in commu- station license for point-to-multipoint nications with its associated ITFS retransmissions; and sponse station hub or ITFS station or (5) Where an application is granted booster station, or for necessary equip- under this paragraph, and a facility op- ment or system tests and adjustments. erated pursuant to that grant causes Upon initial installation, and upon re- harmful, unauthorized interference to location and reinstallation, a response any cochannel or adjacent channel fa- station transmitter shall be incapable cility, promptly remedy the inter- of emitting radiation unless, and until, ference or immediately cease oper- it has been activated by reception of a ations of the interfering facility, re- signal from the associated ITFS sta- gardless of whether any petitions to tion or booster station. A hub station deny or for other relief were filed licensee shall be capable of remotely against the application during the ap- de-activating any and all response sta- plication process. The burden of prov- tion transmitters within its RSA by

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means of signals from the associated be transmitted from the response sta- ITFS station or booster station. Radi- tion; and ation of an unmodulated carrier and (ii) The hub station licensee has re- other unnecessary transmissions are placed, at its expense, the frequency forbidden. downconverters used at all ITFS re- (p) All response stations utilizing an ceive sites registered and constructed EIRP greater than 18 dBW shall be in- prior to the filing of the hub station stalled by the associated hub licensee application which are within 1960 feet or by the licensee’s employees or of the hub station’s response service agents. For the purposes of this sec- area; and tion, all EIRP dBW values assume the (iii) The downconverters, at a min- use of a 6 MHz channel. For channel bandwidths other than 6 MHz, the imum, conform to the following speci- EIRP dBW values should be adjusted up fications: (channel >6 MHz) or down (channel <6 (A) A frequency of operation covering MHz) by 10 log(X/6) dBW, where X is the 2150–2162 MHz band or the 2500–2686 the channel width in MHz. For re- MHz band; and sponse stations located within 1960 feet (B) A third-order intercept point of 30 of an ITFS receive site registered and dBm; and built prior to the filing of the applica- (C) A conversion gain of 32 dB, or the tion for the hub station license, the same conversion gain as the existing hub licensee must notify the licensee ITFS downconverter, whichever is of the ITFS receive site at least one least; and business day prior to the activation of (D) A noise figure of no greater than these response stations. The notifica- 2.5 dB, or no more than 1 dB greater tion must contain, for each response than the noise figure of the existing station to be activated, the following ITFS downconverter, whichever is information: name and telephone num- greater; and ber of a contact person who will be re- (iv) The proposal to upgrade the sponsible for coordinating the resolu- ITFS downconverter was made in writ- tion of any interference problems; street address; geographic coordinates ing and served upon the affected ITFS to the nearest second; channels/sub- licensee, conditional licensee or appli- channels (transmit only); and transmit cant at the same time the application antenna pattern, EIRP, orientation for the response station hub license and height AMSL. (If transmit antenna was served on cochannel and adjacent pattern, EIRP, orientation or height channel ITFS parties and no objection AMSL are not known with specificity was made within the 60-day period al- at the time of notification, the hub li- lowed for petitions to deny the hub sta- censee may, instead, specify the worst- tion application. case values for the class of response (q) Interference calculations shall be station being activated.) Such notice performed in accordance with Appendix to the ITFS licensee shall be given in D (as amended) to the Report and Order writing by certified mail unless the in MM Docket 97–217, FCC 98–231, ITFS licensee has requested delivery ‘‘Methods For Predicting Interference by email or facsimile. The ITFS li- From Response Station Transmitters censee may waive the notification re- and To Response Station Hubs and For quirement on a site-specific basis or on Supplying Data on Response Station a system-wide basis. The notification Systems.’’ (Note: This document is sub- provisions of this section shall not ject to change and will be updated/ apply if: amended as needed without prior noti- (1) The response station will operate fication. Applicants should always uti- at an EIRP no greater than ¥6 dBW; or (2) The response station will operate lize the most current version of the at an EIRP greater than ¥6 dBW and document, as found at the Commis- no more than 18 dBW and: sion’s internet web site, http:// (i) The channels being received at the www.fcc.gov/mmb/vsd/files/method- ITFS site are neither the same as, nor ology.doc). Compliance with out-of- directly adjacent to, the channel(s) to

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band emission limitations shall be es- structure, the separate heights above tablished in accordance with § 21.908(e) ground of the building and the tower or of this chapter. mast including appurtenances; the lo- [63 FR 65119, Nov. 25, 1998, as amended at 64 cation of the tower or mast on the FR 63740, Nov. 22, 1999; 65 FR 46623, July 31, building; the location of the transmit- 2000] ting antenna on the tower or mast; and the overall height of the transmitting § 74.949 Individually licensed 125 kHz antenna above ground. channel ITFS response stations. (5) A certification that all licensees (a) The provisions of § 74.939(a), (e), and applicants appropriately covered (h), (j), (k), (n) and (o) shall also apply under the provisions of paragraph (a) of with respect to the authorization of 125 this section have been served with cop- kHz channel ITFS response stations ies of the application. not authorized under a response sta- (c) Each ITFS response station li- tion hub license. The applicant shall censed under this section shall comply also comply with the requirements of with the following: § 74.903 and § 21.938 of this chapter where (1) No ITFS response station shall be appropriate, as well as with the provi- located beyond the protected service sions of §§ 21.909 and 21.913 of this chap- area of the ITFS station with which it ter and of §§ 74.939 and 74.985 regarding communicates; and the protection of response station hubs (2) No ITFS response station shall op- and booster (and primary) service areas erate with a transmitter output power from harmful electromagnetic inter- in excess of 2 watts; and ference, using the appropriately ad- (3) No ITFS response station shall op- justed interference protection values erate at an excess of 16 dBW EIRP. based upon the ratios of the (d) During breaks in communica- bandwidths involved. tions, the unmodulated carrier fre- (b) An application for a license to op- quency shall be maintained within 35 erate a new or modified 125 kHz chan- kHz of the assigned frequency at all nel ITFS response station not under a times. Adequate means shall be pro- response station hub license shall be vided to insure compliance with this filed with the Commission in Wash- rule. ington, D.C., on FCC Form 331. The ap- (e) Each ITFS response station shall plicant shall supply the following in- employ a directive transmitting an- formation and certification on that tenna oriented towards the transmitter form for each response station: site of the associated ITFS station or (1) The geographic coordinates and towards the response station hub with street address of the ITFS response which the ITFS response station com- station transmitting antenna; and municates. The beamwidth between (2) The manufacturer’s name, type half power points shall not exceed 15° number, operating frequency, and and radiation in any minor lobe of the power output of the proposed ITFS re- antenna radiation pattern shall be at sponse station transmitter; and least 20 dB below the power in the main (3) The type of transmitting antenna, lobe of radiation. power gain, azimuthal orientation and (f) A response station may be oper- polarization of the major lobe of radiated unattended. The overall perform- ation in degrees measured clockwise ance of the response station trans- from True North; and mitter shall be checked by the licensee (4) A sketch giving pertinent details of the station or hub receiving the re- of the ITFS response station transmit- sponse signal, or by the licensee’s em- ting antenna installation including ployees or agents, as often as necessary ground elevation of the transmitter to ensure that the transmitter is func- site above mean sea level; overall tioning in accordance with the require- height above ground, including appur- ments of the Commission’s rules. The tenances, of any ground-mounted tower licensee of the station or hub receiving or mast on which the transmitting an- the response signal is responsible for tenna will be mounted or, if the tower the proper operation of the response or mast is or will be located on an ex- station and must have reasonable and isting building or other manmade timely access to the response station

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transmitter. The response station shall expressed in degree of azimuth, with be installed and maintained by the li- respect to true north, and the make censee of the associated station or hub, and model of such antenna(s). or the licensee’s employees or agents, (c) Any change in the overall height and protected in such manner as to of the antenna structure, except where prevent tampering or operation by un- notice to the Federal Aviation Admin- authorized persons. No response sta- istration is specifically not required tion which has not been installed by an under § 17.14(b) of the FCC Rules. authorized person may lawfully com- (d) Any change in the location of the municate with any station or hub. transmission system except a move [63 FR 65124, Nov. 25, 1998. Redesignated at 64 within the same building or upon the FR 4055, Jan. 27, 1999, as amended at 64 FR same antenna supporting structure. 63742, Nov. 22, 1999] (e) A change in frequency assignment. § 74.951 Modification of transmission (f) A change in the operating power. systems. (g) Any addition of receiving loca- Formal application on FCC Form 330 tions or to modify such a location to a is required for any of the following receive and response station. changes or modifications of the transmission systems: [45 FR 26068, Apr. 17, 1980, as amended at 50 (a) Replacement of the transmitter FR 26761, June 28, 1985; 52 FR 3806, Feb. 6, 1987; 53 FR 36788, Sept. 22, 1988; 63 FR 36605, as a whole, except replacement with a July 7, 1998; 63 FR 65124, Nov. 25, 1998; 65 FR transmitter of identical power rating 46623, July 31, 2000] which has been certificated by the FCC for use by instructional TV fixed sta- § 74.952 Acceptability of equipment for tions, or any change which could result licensing. in a change in the electrical character- ITFS transmitters must be type cer- istics or performance of the station. tified by the Commission for the par- Upon the installation or modification ticular signals that will be employed in of the transmitting equipment for actual operation. Either the manufac- which prior FCC authority is not re- turer or the licensee must obtain quired under the provisions of this transmitter certification for the trans- paragraph, the licensee shall place in mitter by filing an application for cer- the station records a certification that tification with appropriate information the new installation complies in all re- concerning the signal waveforms and spects with the technical requirements measurements. of this part and the terms of the station authorization. [63 FR 65124, Nov. 25, 1998] (b) Any change in the antenna system affecting the direction of radi- § 74.961 Frequency tolerance. ation, directive radiation pattern, an- (a) Beginning January 21, 2000, equip- tenna gain, or radiated power; pro- ment authorized to be used at all ITFS vided, however, that a licensee may in- main stations, and at all ITFS booster stall a sectorized antenna system with- stations authorized pursuant to out prior consent if such system does § 74.985(b), shall maintain a frequency not change polarization or result in an tolerance of 0.001%. ITFS booster sta- increase in radiated power by more tions authorized pursuant to § 74.985(e) than one dB in any direction, and no- and ITFS response stations authorized tice of such installation is provided to pursuant to § 74.939 shall employ trans- the Commission on FCC Form 331 with- mitters with sufficient frequency sta- in ten (10) days of installation. When bility to ensure that the emission is, at an applicant proposes to employ a di- all times, within the required emission rectional antenna, or a licensee noti- mask. A transmitter licensed prior to fies the Commission pursuant to this November 1, 1991 that remains at the paragraph of the installation of a station site for which it was initially sectorized antenna system, the appli- authorized and does not comply with cant shall provide the Commission the provisions of this paragraph may with information regarding the ori- continue to be used if it does not cause entation of the directional antenna(s), harmful interference to the operations

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of any other licensee. Any non-con- (b) If an ITFS station, an ITFS boost- forming transmitter replaced after No- er station or an ITFS response station vember 1, 1991 must be replaced by a hub is operated unattended, the call transmitter meeting the requirements sign and name of the licensee shall be of this paragraph. displayed such that it may be read (b) For television transmission, the within the vicinity of the transmitter peak power of the accompanying aural enclosure or antenna structure. signal must not exceed 10 percent of [63 FR 65125, Nov. 25, 1998] the peak visual power of the transmitter. § 74.969 Copies of rules. (c) Any licensee with transmission equipment conforming to the trans- The licensee of an instructional tele- mitter tolerance standard of this sec- vision fixed station shall have a cur- tion can be required to use frequency rent copy of Parts 73 and 74 of this offset where it is demonstrated to be chapter. In cases where aeronautical necessary to avoid harmful inter- hazard marking of antennas is reference with another station. quired, such licensee shall also have a current copy of Part 17 of this chapter. [55 FR 46014, Oct. 31, 1990, as amended at 63 Each licensee is expected to be familiar FR 65124, Nov. 25, 1998; 64 FR 63743, Nov. 22, with the pertinent rules governing in- 1999] structional television fixed stations. § 74.962 Frequency monitors and [60 FR 55483, Nov. 1, 1995] measurements. Suitable measurements shall be § 74.970 Modulation limits. made as often as necessary to ensure (a) Visual transmitter. The maximum that the operating frequencies of the excursion of the luminance signal in station are within the prescribed toler- the white direction shall not exceed ances. the value specified in § 73.682(a)(13) of this chapter for the reference white [52 FR 3806, Feb. 6, 1987] level. § 74.963 Time of operation. (b) Aural transmitter. The maximum frequency deviation of the aural carrier (a) An instructional television fixed shall not be permitted to exceed ± 75 station is not required to adhere to any kHz on peaks of frequent recurrence regular schedule of operation. Unless during any transmission. This is de- otherwise specified in the license, the fined as 100% modulation. hours of operation are not limited. (b) Except for purposes of tests and [28 FR 13731, Dec. 14, 1963, as amended at 49 adjustments, the transmitter shall not FR 32596, Aug. 15, 1984] be permitted to radiate unmodulated carriers or otherwise make unneces- § 74.971 Modulation monitors and sary transmissions for extended periods measurements. of time. Suitable means shall be provided to insure that the modulation limits spec- § 74.965 Posting of station license. ified in § 74.970 are observed. (a) The instrument of authorization, a clearly legible photocopy thereof, or § 74.982 Station identification. the name, address and telephone num- (a) Call signs for instructional tele- ber of the custodian of the instrument vision fixed stations will consist of of authorization shall be available at three letters and three digits pursuant each station, booster station author- to the provisions of § 2.302 of this chap- ized pursuant to § 74.985(b) and ITFS re- ter relating to fixed stations. sponse station hub. Each operator of an (b) Except as otherwise provided in ITFS booster station shall post at the paragraphs (c) and (d) of this section, booster station the name, address and each instructional television fixed sta- telephone number of the custodian of tion solely utilizing analog trans- the notification filed pursuant to missions shall transmit its call sign at § 74.985(e) if such notification is not the beginning and end of each period of maintained at the booster station. operation and, during operation, on the

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hour. Visual or aural transmissions § 74.985 Signal booster stations. shall be employed. (a) An ITFS booster station may (c) The hourly station identification reuse channels to repeat the signals of announcement during operation may ITFS stations or to originate signals be deferred if it would interrupt a sin- on ITFS channels. The aggregate power gle consecutive demonstration, lecture, flux density generated by an ITFS sta- or other similar discourse or otherwise tion and all associated signal booster impair the continuity of a program in stations and all simultaneously oper- progress. In such cases the station ating cochannel response stations li- identification announcement shall be censed to or applied for by the appli- made at the first normal break in the cant may not exceed ¥73 dBW/m2 (or continuity of the program. the appropriately adjusted value based (d) In cases where an instructional on the actual bandwidth used if other television fixed station is operating as than 6 MHz, see § 74.903(a)(6)(i)) at or a relay for signals originating at some beyond the boundary of the protected other station operated by the same li- service area, as defined by § 21.902(d) of censee, its call sign shall be announced this chapter, of the main ITFS station by the originating station at the times whose channels are being reused, as and in the manner prescribed in para- measured at locations for which there graph (b) of this section. is an unobstructed signal path, unless (e) Where an instructional television the consent of the cochannel licensee is fixed station is operating as a relay for obtained. signals originating at a station oper- (b) A licensee or the capacity lessee ated by some other licensee, its call of such ITFS station upon the written sign may be transmitted by the origi- consent of the licensee, may secure a nating station, if suitable arrange- license for a high power signal booster ments can be made with the other li- station that has a maximum EIRP in censee, or means shall be provided for excess of ¥9 dBW + 10 log(X/6) dBW the transmission of the call sign by the where X is the channel width in MHz, if relay transmitter itself. Low power it complies with the out-of-band emis- relay stations, authorized by sion requirements of § 21.908. Any li- § 74.950(f)(4) will not be assigned indi- censee of a high-power booster station vidual call signs. Station identification that is a capacity lessee shall, upon will be accomplished by the retrans- termination or expiration of the capac- mission of the call sign of the primary ity lease, automatically assign the station. booster station license to the licensee (f) Temporary fixed ITFS stations of the ITFS station by and upon writ- shall identify with the call sign of the ten notice to the Commission signed by primary station and a temporary fixed the lessee and such. If upon termi- identifier. nation or expiration of the capacity lease the licensee no longer desires or (g) The provisions of paragraphs (b) needs the high-power booster station through (e) of this section shall not license, such a license must be re- apply to any ITFS licensee’s station or turned to the Commission. Further- transmissions where digital trans- more, such capacity lessee must re- missions are utilized by the ITFS li- serve 20 hours per week per channel for censee on any of its licensed or shifted ITFS use, or reserve for recapture by channels. the ITFS licensee for its ITFS edu- [28 FR 13731, Dec. 14, 1963, as amended at 36 cational usage, subject to one year’s FR 8873, May 4, 1971; 38 FR 25991, Sept. 17, advance, written notification by the 1973; 49 FR 32596, Aug. 15, 1984; 63 FR 65125, ITFS licensee to its lessee and ac- Nov. 25, 1998] counting for all recapture already exercised, with no economic or operational § 74.984 Retransmissions. detriment to the licensee, for a lessor An instructional television fixed sta- using analog transmissions. Alter- tion may not retransmit the signals of natively, the capacity lessee must re- any class of station without consent of serve a minimum of 5% of the capacity the station originating the signals to of its channels for instructional pur- be retransmitted. poses only and provide at least 20 hours

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per licensed channel per week of ITFS sent of affected licensees has been ob- educational usage for the lessor using tained; and digital transmissions. The applicant (5) In lieu of the requirements of for a high-power station, or for modi- § 74.903, a study which demonstrates fication thereto, shall file FCC Form that the proposed signal booster sta- 331 with the Commission Reference tion will cause no harmful interference Room in Washington, DC, and certify (as defined in § 74.903(a)(1) and (2)) to on that form that the applicant has cochannel and adjacent channel, au- complied with the additional require- thorized or previously-proposed ITFS ments of this paragraph (b), and that and MDS stations with protected serv- the interference data submitted under ice area center coordinates as specified this paragraph is complete and accu- in § 21.902(d) of this chapter, to any au- rate. Failure to certify compliance and thorized or previously-proposed re- to comply completely with the fol- sponse station hubs, booster service lowing requirements of this paragraph areas, or I channel stations associated (b) shall result in dismissal of the ap- with such ITFS and MDS stations, or plication or revocation of the high- to any ITFS receive sites registered as power ITFS signal booster station li- of September 17, 1998, within 160.94 kil- cense, and may result in imposition of ometers (100 miles) of the proposed a monetary forfeiture. The applicant is booster station’s transmitter site. additionally required to submit (see Such study shall consider the § 21.902(m) for permissible format(s) and undesired signal levels generated by media) to the Commission’s Reference the proposed signal booster station, the Room the following information: main station, all other licensed or pre- (1) A demonstration that the pro- viously-proposed associated booster posed signal booster station site is stations, and all simultaneously oper- within the protected service area, as ating cochannel response stations li- defined in § 21.902(d)(1) of this chapter, censed to or applied for by the applicant. In the alternative, a statement of the main ITFS station whose chan- from the affected MDS or ITFS li- nels are to be reused; and censee stating that it does not object (2) A demonstration that the booster to operation of the high-power ITFS service area is entirely within the pro- signal booster station may be sub- tected service area of the ITFS station mitted; and whose channels are being reused, or in (6) A description of the booster serv- the alternative, that the licensee enti- ice area; and tled to any cochannel protected service (7) A certification that copies of the area which is overlapped by the pro- materials set forth in paragraph (b) of posed booster service area has con- this section have been served upon the sented to such overlap; and licensee of each station (including each (3) A demonstration that the pro- response station hub and booster sta- posed booster service area can be tion) required to be studied pursuant to served by the proposed booster without paragraph (b)(5) of this section, and interference; and upon any affected holder of a BTA or (4) A study which demonstrates that PSA authorization pursuant to para- the aggregate power flux density of the graph (b)(4) of this section. ITFS station and all associated booster (8) If the applicant is a capacity les- stations and simultaneously operating see, a certification that: cochannel response stations licensed to (i) The licensee has provided its writ- or applied for by the applicant does not ten consent to permit the capacity les- exceed ¥73 dBW/m2 (or the appro- see to apply for the booster station li- priately adjusted value based on the cense; and actual bandwidth used if other than 6 (ii) The applicant and the licensee MHz, see § 74.903(a)(6)(i)) at or beyond have entered into a lease that is in ef- the boundary of the protected service fect at the time of such filing. area of the main ITFS station whose (c) Applications for high-power ITFS channels are to be reused, as measured signal booster station licenses shall be at locations for which there is an unob- deemed minor change applications and, structed signal path, unless the con- except as provided in § 74.911(e), may be

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filed at any time. Notwithstanding any cally assign the booster station license other provision of part 74, applications to the licensee of the ITFS station by for high-power ITFS signal booster sta- and upon written notice to the Com- tion licenses meeting the requirements mission signed by the lessee and such of paragraph (b) of this section shall licensee. If upon termination or expira- cut-off applications that are filed on a tion of the capacity lease the licensee subsequent day for facilities that no longer desires or needs the low- would cause harmful electromagnetic power booster station license, such a li- interference to the proposed booster cense must be returned to the Commis- stations. sion. An ITFS licensee or capacity les- (d) Notwithstanding the provisions of see thereof may install and commence § 74.912 and except as provided in operation of a low-power ITFS signal § 74.911(e), any petition to deny an ap- booster station for the purpose of re- plication for a high-power ITFS signal transmitting the signals of the ITFS booster station license shall be filed no station or for originating signals. Such later than the sixtieth (60th) day after installation and operation shall be sub- the date of public notice announcing ject to the condition that for sixty (60) the filing of such application or major days after installation and commence- amendment thereto. Except as pro- ment of operation, no objection or peti- vided in § 74.911(e), an application for a tion to deny is filed by the licensee of high-power ITFS signal booster station a, or applicant for a previously-pro- license that meets the requirements of posed, cochannel or adjacent channel paragraph (b) of this section shall be ITFS or MDS station with a trans- granted on the sixty-first (61st) day mitter within 8.0 kilometers (5 miles) after the Commission shall have given of the coordinates of the low-power public notice of the acceptance for fil- ITFS signal booster station. An ITFS ing of it, or of a major amendment to licensee or capacity lessee thereof it if such major amendment has been seeking to install a low-power ITFS filed, unless prior to such date either a signal booster station under this rule party in interest timely files a formal must submit a FCC Form 331 to the petition to deny or for other relief pur- Commission within 48 hours after in- suant to § 74.912, or the Commission no- stallation. In addition, the ITFS li- tifies the applicant that its application censee, or capacity lessee must submit will not be granted. Where an applica- the following information (see tion is granted pursuant to the provi- § 21.902(m) for permissible format(s) and sions of this paragraph, the licensee media) to the Commission’s Reference shall maintain a copy of the applica- Room: tion at the ITFS booster station until (1) A description of the signal booster such time as the Commission issues a technical specifications (including an high-power ITFS signal booster station antenna envelope plot or, if the enve- license. lope plot is on file with the Commis- (e) A licensee or the capacity lessee sion, the make and model of the an- of such ITFS station upon the written tenna, antenna gain and azimuth), the consent of the licensee, shall be eligi- coordinates of the booster, the height ble to install and operate a low power of the center of radiation above mean signal booster station that has a max- sea level, the street address of the sig- imum EIRP of ¥9 dBW +log10(X/6) nal booster, and a description of the dBW, where X is the channel width in booster service area; and MHz. A low-power ITFS signal booster (2) A demonstration that the booster station may operate only on one or service area is entirely within the pro- more ITFS channels that are licensed tected service area of the station whose to the licensee of the ITFS booster sta- channels are being reused, or, in the al- tion, but may be operated by a third ternative, that the licensee entitled to party with a fully-executed lease or any protected service area which is consent agreement with the ITFS li- overlapped by the proposed booster censee. Any licensee of a low-power service area has consented to such booster station that is a capacity les- overlap; and see shall, upon termination or expira- (3) A demonstration that the pro- tion of the capacity lease, automati- posed booster service area can be

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served by the proposed booster without sion, and must not recommence oper- interference; and ation until receipt of written author- (4) A certification that ization to do so by the Commission; (i) The maximum power level of the and signal booster transmitter does not ex- (ix) If the applicant is a capacity les- ceed ¥9 dBW + 10 log(X/6) dBW, where see, a certification that: X is the channel width in MHz; and (A) The licensee has provided its (ii) Where the booster is operating on written consent to permit the capacity channel D4, E1, F1, E2, F2, E3, F3, E4, lessee to apply for the booster station F4 and/or G1, no registered receiver of license; and an ITFS E or F channel station, con- (B) The applicant and the licensee structed prior to May 26, 1983, is lo- have entered into a lease that is in ef- cated within a 1 mile (1.61 km) radius fect at the time of such filing. of the coordinates of the booster, or in (f) Commencing upon the filing of an the alternative, that a consent state- application for a high-power ITFS sig- ment has been obtained from the af- nal booster station license and until fected ITFS licensee; and such time as the application is dis- (iii) The applicant has complied with § 1.1307 of this chapter; and missed or denied or, if the application (iv) Each MDS and/or ITFS station li- is granted, a certification of comple- censee (including the licensees of tion of construction on FCC Form 330A booster stations and response station is submitted, an applicant for any new hubs) with protected service areas and/ or modified MDS or ITFS station or registered receivers within a 8 km (5 (including any response station hub, mile) radius of the coordinates of the high-power booster station, or I chan- booster has been given notice of its in- nels station) shall demonstrate compli- stallation; and ance with the interference protection (v) The signal booster site is within requirements set forth in §§ 21.902(i) and the protected service area of the ITFS 21.938(b)(3) of this chapter or § 74.903 station whose channels are to be re- with respect to any previously-pro- used; and posed or authorized booster service (vi) The aggregate power flux density area both using the transmission pa- of the ITFS station and all associated rameters of the high-power ITFS signal booster stations and simultaneously booster station (e.g., EIRP, polariza- operating cochannel response stations tion(s) and antenna height) and the licensed to or applied for by the appli- transmission parameters of the ITFS cant does not exceed ¥73 dBW/m2 (or station whose channels are to be reused the appropriately adjusted value based by the high-power ITFS signal booster on the actual bandwidth used if other station. Upon the submission of a cer- than 6 MHz, see § 74.903(a)(6)(i)) at or tification of completion of construc- beyond the boundary of the protected tion on FCC Form 330A of an ITFS service area of the main ITFS station booster station applied for pursuant to whose channels are to be reused, as paragraph (b) of this section, or upon measured at locations for which there the submission of an ITFS booster sta- is an unobstructed signal path, unless tion notification pursuant to para- the consent of affected licensees has graph (e) of this section, the ITFS sta- been obtained; and tion whose channels are being reused (vii) The antenna structure will ex- by the ITFS signal booster shall no tend less than 6.10 meters (20 feet) longer be entitled to interference pro- above the ground or natural formation tection pursuant to §§ 21.902(i) and or less than 6.10 meters (20 feet) above 21.938(b)(3) of this chapter and § 74.903 an existing manmade structure (other within the booster service area based than an antenna structure); and on the transmission parameters of the (viii) The applicant understands and ITFS station whose channels are being agrees that in the event harmful inter- reused. A booster station shall not be ference is claimed by the filing of an entitled to protection from inter- objection or petition to deny, it must ference caused by facilities proposed on terminate operation within two (2) or prior to the day the application or hours of notification by the Commis- notification for the booster station is

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filed. A booster station shall not be re- interference at an MDS or ITFS receive quired to protect from interference fa- site, such licensees shall cooperate in cilities proposed on or after the day the good faith to remedy promptly the in- application or notification for the terference. booster station is filed. (g) Where an application is granted [63 FR 65125, Nov. 25, 1998, as amended at 64 FR 63743, Nov. 22, 1999; 65 FR 46624, July 31, under paragraph (d) of this section, if a 2000] facility operated pursuant to that grant causes harmful, unauthorized in- EFFECTIVE DATE NOTE: At 65 FR 46624, July terference to any cochannel or adja- 31, 2000, § 74.985 was amended by adding (b)(8) cent channel facility, it must promptly and (e)(4)(ix). These paragraphs contain information collection and recordkeeping re- remedy the interference or imme- quirements and will not become effective diately cease operations of the inter- until approval has been given by the Office of fering facility, regardless of whether Management and Budget. any petitions to deny or for other relief were filed against the application dur- § 74.986 Involuntary ITFS station ing the application process. The burden modifications. of proving that a high-power ITFS sig- (a) Parties specified in paragraph (b) nal booster station is not causing of this section may, subject to Com- harmful, unauthorized interference lies mission approval, involuntarily modify on the licensee of the alleged inter- the facilities of an existing ITFS li- fering facility, following the filing of a censee in the following situations: documented complaint of interference (1) If the initiating party is prevented by an affected party. from invoking the 0 dB interference (h) In the event any MDS or ITFS re- protection standard (see § 21.902(f)(2) of ceive site suffers interference due to this chapter and § 74.903(a)(2) of this block downconverter overload, the licensee of each non-co/adjacent channel part) for projecting its impact on an signal booster station within five miles existing ITFS licensee because of that of such receive site shall cooperate in licensee’s pre-May 26, 1983, facilities, good faith to expeditiously identify the the applicant, permittee or licensee source of the interference. Each li- may modify the facilities of the pre-ex- censee of a signal booster station con- isting ITFS station with equipment tributing to such interference shall adequate to perform at that level of in- bear the joint and several obligation to terference; remedy promptly all interference re- (2) If the initiating party is prevented sulting from block downconverter over- from operating at a higher transmitter load at any ITFS registered receive output power or EIRP because such site or at any receive site within an power level will cause harmful inter- MDS or ITFS protected service area ference to an ITFS station and modi- applied for prior to the submission of fying the ITFS station will avoid such the application or notification for the harmful interference; signal booster station, regardless of (3) If the initiating party is prevented whether the receive site suffering the from installing a signal booster be- interference was constructed prior to cause such installation will cause or after the construction of the signal harmful interference to an ITFS sta- booster station(s) causing the tion and modifying the ITFS station downconverter overload; provided, will avoid harmful interference; however, that the licensee of the reg- (4) If an ITFS licensee uses equip- istered ITFS receive site or the MDS or ment incapable of meeting the aural ITFS protected service area must co- power standard specified in § 74.935(d) operate fully and in good faith with ef- and that equipment becomes a source forts by signal booster station licens- of harmful adjacent-channel inter- ees to prevent interference before conference, and other equipment would structing the signal booster station avoid such harmful intereference. and/or to remedy interference that may (5) If an ITFS licensee uses equip- occur. In the event that more than one ment incapable of meeting the trans- signal booster station licensee contrib- mitter tolerance standard specified in utes to block downconverter overload § 74.961 of this part and that equipment

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becomes a source of harmful co-chan- with specificity, including engineering nel interference, and other equipment and other challenges. If the modifica- would avoid the harmful interference; tion includes colocation, the opponent (6) If an ITFS licensee uses equip- should address the desirability of the ment incapable of meeting the out-of- present site compared to the proposed band emissions standard specified in new site. § 74.936 of this part and that equipment (d) The party initiating the modifica- becomes a source of harmful adjacent- tion will be responsible for all costs channel interference, and other equip- connected with the modification, in- ment would avoid the harmful inter- cluding purchasing, testing and install- ference; and ing new equipment, labor costs, recon- (7) If harmful adjacent-channel inter- figuration of existing equipment, ad- ference may be avoided by colocation ministrative costs, legal and engineer- of an ITFS facility with its own facili- ing expenses necessary to prepare and ties. file the modification application, and (8) There are no response station other reasonable documented costs. hubs licensed to or previously-proposed The initiating party must secure a by any of the parties specified in para- bond or establish an escrow account to graph (b) of this section, in the same cover reasonable incremental increase system as the existing ITFS licensee of in ongoing expenses that will fall upon whose facilities involuntary modifica- the modified ITFS entity and to cover tion is sought; however, in no event expenses that would inure to the modi- shall the Commission approve an invol- fied ITFS entity in the event the initi- untary retuning of an existing ITFS li- ating party becomes bankrupt. In es- censee’s station to other frequencies, tablishing a bond or escrow amount, except as provided in § 74.902(i) through such factors as projected electricity or (k). maintenance expenses, or relocation (b) Involuntary modification may be expenses must be taken into account, sought by an MDS, MMDS or ITFS li- as relevant in each case. censee, conditional licensee, permittee (e) The involuntarily modified facili- or applicant. Opposed applicants do not ties must be operational before the ini- have authority to seek involuntary co- tiating party will be permitted to begin location. An opposed application is one its new or modified operations. The that faces a competing application(s) modification must not disrupt the or petition(s) to deny. Applicants will ITFS licensee’s provision of service, be required to confirm their unopposed and the ITFS licensee has the right to status after the period for competing inspect the construction or installation applications and petitions to deny has work. passed. If an initiating application is [56 FR 57820, Nov. 14, 1991, as amended at 63 opposed, the companion ITFS modi- FR 65127, Nov. 25, 1998] fication application will be returned. It may be refiled when the initial applica- § 74.990 Use of available instructional tion is again unopposed. television fixed service frequencies (c) The application for involuntary by wireless cable entities. modification must be prepared, signed (a) Notwithstanding the provisions and filed by the initiating party. The §§ 74.931 and 74.932 of this part, a wire- applicant must submit FCC Form 330 less cable entity may be licensed on in- but need not fill out section II (Legal structional television fixed service fre- Qualifications), and the application quencies in areas where at least eight must include a cover letter clearly in- other instructional television fixed dicating that the modification is invol- service channels remain available in untary and identifying the parties in- the community for future ITFS use. volved. A copy of the application must Channels will be considered available be served on the affected ITFS party on for future ITFS use if there are no co- or before the day of filing. The ITFS channel operators or applicants within party to be modified will have a 60-day 80.5 km (50 miles) of the transmitter period in which to oppose the modifica- site of the proposed wireless cable option application; the opposition should eration, and if the transmitter site re- state objections to the modification mains available for use at reasonable

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terms by new ITFS applicants on those posed instructional television fixed channels within three years of com- service facility. mencing operation. (f) The interference protection pro- (b) No more than eight instructional vided wireless cable applicants and li- television fixed service channels per censees of instructional television community may be licensed to wireless fixed service facilities will be that de- cable entities. scribed in § 21.902 of this chapter. (c) To be licensed on instructional [56 FR 57820, Nov. 14, 1991, as amended at 58 television fixed service channels, a FR 44951, Aug. 25, 1993] wireless cable applicant must hold a conditional license, license or a lease, § 74.991 Wireless cable application pro- or must have filed an unopposed appli- cedures. cation for at least four MDS channels to be used in conjunction with the fa- (a) A wireless cable applicant for cilities proposed on the ITFS fre- available instructional television fixed quencies. An unopposed application is service channels must file sections I one that faces no competing applica- and V of FCC Form 330, with a com- tion(s) or petition(s) to deny. Appli- plete FCC Form 494 appended. A wire- cants will be required to confirm their less cable applicant must include with unopposed status after the period for its application a cover letter clearly filing competing applications and peti- indicating that the application is for a tions to deny has passed. If an MDS or wireless cable entity to operate on MMDS application is opposed, the com- ITFS channels. A wireless cable appli- panion ITFS application will be re- cation for available instructional tele- turned. vision fixed service channels will be (d) To be licensed on instructional subject to § 21.914 of this chapter with television fixed service channels, a respect to other wireless cable appli- wireless cable applicant must show cants, and to the ITFS window filing that there are no multipoint distribu- period with respect to instructional tion service or multichannel television fixed service applications. multipoint distribution service chan- All lists of accepted applications for nels available for application, purchase ITFS frequencies, regardless of the na- or lease that could be used in lieu of ture of the applicant, will be published the instructional television fixed serv- as ITFS public notices. ice frequencies applied for. A wireless (b) Within 30 days of filing its applicable entity may apply for instruc- cation, a wireless cable applicant for tional television fixed service fre- available instructional television fixed quencies at the same time it applies for service channels must give local public the related MDS or MMDS frequencies, notice of the filing of its application in but if that MDS or MMDS application a newspaper. The local public notice is opposed by a timely filed mutually must be made in a daily newspaper of exclusive application or petition to general circulation published in the deny, the application for ITFS facili- community in which the proposed sta- ties will be returned. tion will be located at least twice a (e) If an instructional television fixed week for two consecutive weeks in a service application and a wireless cable three week period. If there is no such application for available instructional daily newspaper, notice must be made television fixed service facilities are in a weekly newspaper of general cir- mutually exclusive, as defined at culation published in the community § 21.31(a) of this chapter, the instruc- once a week for three consecutive tional television fixed service applica- weeks in a four week period. If there is tion will be granted if the applicant is no daily or weekly newspaper published qualified. An instructional television in the community, notice must be fixed service applicant may not file an made in the daily newspaper, wherever application mutually exclusive with a published, that has the greatest gen- wireless cable application if there are eral circulation in the community other instructional television fixed twice a week for two consecutive weeks service channels available for the pro- within a three week period.

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(c) The public notice required by access to a wireless cable entity’s fa- paragraph (b) of this section shall con- cilities on ITFS channels. tain, where applicable, the following (b) An ITFS entity determined by the information: Commission to have right of access to (1) The name of the applicant if the wireless cable licensed facilities may applicant is an individual, the names of have access to a maximum of 40 hours all partners if the applicant is a part- per channel per week. The ITFS entity nership, or the names of all officers and has the right to designate 20 of those directors and of those persons holding hours as follows: 10 percent or more of the capital stock (1) 3 hours of the ITFS entity’s or other ownership interest if the ap- choice each day, Monday through Fri- plicant is a corporation or an unincor- day, between 8 a.m. and 10 p.m., exclud- porated association; ing weekends, holidays and school va- (2) The purpose for which the applica- cations; and tion will be filed (i.e., for a construc- (2) The remaining five hours any tion permit for a wireless cable sys- time of the ITFS entity’s choice be- tem); tween 8 a.m. and 10 p.m., Monday (3) A statement that the channels ap- through Saturday. plied for are ITFS channels normally reserved for educational use, and a list (c) No time-of-day and day-of-week of the specific frequencies or channels obligations will be imposed on either on which the proposed station will op- party with respect to the other 20 erate; hours of access time. (4) The date the application was ten- (d) The ITFS user must provide the dered for filing with the FCC; wireless cable licensee with its planned (5) The facilities sought, including scheduled of use four months in ad- type and class of station, power, loca- vance. No minimum amount of pro- tion of studios, transmitter site and gramming will be required of an ITFS antenna height; and operator seeking access to one channel; (6) A statement that a copy of the ap- for access to a second channel, the plication and related material are on ITFS user must use at least 20 hours file for public inspection at a stated ad- per week on the first channel from 8 dress in the community in which the a.m. to 10 p.m., Monday through Satur- station is located or is proposed to be day; for access to a third channel, the located. ITFS entity must use at least 20 hours per week on the first channel and on [56 FR 57821, Nov. 14, 1991, as amended at 60 the second channel during the hours FR 20247, Apr. 25, 1995] prescribed above, and so on. Only one § 74.992 Access to channels licensed to educational institution or entity per wireless cable entities. wireless cable licensed channel will be (a) An educational institution or en- entitled to access from the wireless tity that would be eligible for ITFS cable entity. Access will not be granted channels that are licensed to a wireless to a single entity for more than four cable entity may be entitled to access channels, unless it can satisfy the to those channels. Requests for access waiver provisions of § 74.902(d) of this may be made by application to the part. Commission on FCC Form 330 with a (e) When an ITFS entity is granted copy simultaneously served on the access to an ITFS channel of a wireless wireless cable licensee. An applicant cable licensee, the wireless cable li- for access must fill out sections I, II, censee will be required to pay half of III and IV of the ITFS application the cost of five standard receive sites Form 330. Section I, question 1 should on that channel. The wireless cable en- be answered by spelling out, ‘‘For ac- tity may, at its option, pay the costs of cess to existing facilities.’’ Section I, an application and facility construc- question 2b should include the name of tion for such ITFS entity on other the wireless cable licensee or appli- available ITFS channels, including half cant. A cover letter must clearly indi- of the cost of five receive sites per cate that the application is for ITFS channel.

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(f) An instructional television fixed Subpart L—FM Broadcast Trans- service entity granted access to in- lator Stations and FM Broad- structional television fixed service cast Booster Stations channels licensed to a wireless cable entity will have the interference protection afforded ITFS licensees (see SOURCE: 35 FR 15388, Oct. 2, 1970, unless otherwise noted. § 74.903 of this part). (g) After three years of operation, a § 74.1201 Definitions. wireless cable entity licensed to use (a) FM translator. A station in the ITFS channels will not be required to broadcasting service operated for the grant new or additional access to such purpose of retransmitting the signals ITFS channels, or provide any alter- of an FM radio broadcast station or an- native facilities to any ITFS entity other FM broadcast translator station seeking access to its facilities, if there without significantly altering any are suitable ITFS frequencies available characteristics of the incoming signal for the ITFS entity to build its own other than its frequency and ampli- system. tude, in order to provide FM broadcast (h) The parties may mutually agree service to the general public. to modify any requirements or obliga- (b) Commercial FM translator. An FM tions imposed by these provisions, ex- broadcast translator station which re- cept for the requirement that an edu- broadcasts the signals of a commercial cational entity use at least 20 hours FM radio broadcast station. per week on a channel of a wireless (c) Noncommercial FM translator. An cable licensee before requesting access FM broadcast translator station which to an additional channel. rebroadcasts the signals of a noncommercial educational FM radio [56 FR 57821, Nov. 14, 1991] broadcast station. (d) Primary station. The FM radio § 74.996 Applicability of cable EEO rebroadcast station radiating the signals quirements to ITFS facilities. which are retransmitted by an FM Notwithstanding other EEO provi- broadcast translator station or an FM sions within §§ 1.815 and 21.307 of this broadcast booster station. chapter, an entity that uses an owned (e) FM radio broadcast station. When or leased MDS, MMDS and/or ITFS fa- used in this Subpart L, the term FM cility to provide more than one chan- broadcast station or FM radio broad- nel of video programming directly to cast station refers to commercial and the public must comply with the equal noncommercial educational FM radio employment opportunity requirements broadcast stations as defined in § 2.1 of set forth in part 76, subparts E and U of this chapter, unless the context indi- this chapter, if such entity exercises cates otherwise. control (as defined in part 76, subparts (f) FM broadcast booster station. A sta- E and U of this chapter) over the video tion in the broadcasting service oper- programming it distributes. With re- ated for the sole purpose of retransmit- spect to the use of an ITFS facility, the ting the signals of an FM radio broad- EEO provisions set forth in part 76, cast station, by amplifying and reradi- subparts E and U do not apply to an ac- ating such signals, without signifi- credited institution or government or- cantly altering any characteristic of ganization engaged in the formal edu- the incoming signal other than its am- cation of enrolled students or to a non- plitude. profit organization whose purposes are (g) Translator coverage contour. The educational and include providing edu- coverage contour for an FM translator cational and instructional television providing ‘‘fill-in’’ service is congruent material to such accredited institu- with its parent station: For a fill-in tions and governmental organizations. translator for a commercial Class B station it is the predicted 0.5 mV/m [58 FR 42250, Aug. 9, 1993, as amended at 65 field strength contour; for a fill-in FR 53614, Sept. 5, 2000] translator for a commercial Cass B1 station it is the predicted 0.7 mV/m Subparts J–K [Reserved] field strength contour; and for a fill-in 539

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translator for all other classes of com- nels 201–220 is subject to the restric- mercial stations as well as all non- tions specified in § 73.501 of this chap- commercial educational stations it is ter. the predicted 1 mV/m field strength (3) In Alaska, FM translators oper- contour. A fill-in FM translator’s cov- ating on Channels 201–260 (88.1–99.9 erage contour must be contained with- MHz) shall not cause harmful inter- in the primary station’s coverage conference to and must accept inter- tour. The protected contour for an FM ference from non-Government fixed op- translator station is its predicted 1 erations authorized prior to January 1, mV/m contour. 1982. (h) Fill-in area. The area where the (c) An FM broadcast booster station coverage contour of an FM translator will be assigned the channel assigned or booster station is within the pro- to its primary station. tected contour of the associated primary station (i.e., predicted 0.5 mV/m [35 FR 15388, Oct. 2, 1970, as amended at 39 FR contour for commercial Class B sta- 12990, Apr. 10, 1974; 47 FR 30068, July 12, 1982; tions, predicted 0.7 mV/m contour for 52 FR 8260, Mar. 17, 1987; 55 FR 50693, Dec. 10, commercial Class B1 stations, and pre- 1990] dicted 1 mV/m contour for all other § 74.1203 Interference. classes of stations). (i) Other area. The area where the (a) An authorized FM translator or coverage contour of an FM translator booster station will not be permitted station extends beyond the protected to continue to operate if it causes any contour of the primary station (i.e., actual interference to: predicted 0.5 mV/m contour for com- (1) The transmission of any author- mercial Class B stations, predicted 0.7 ized broadcast station; or mV/m contour for commercial Class B1 (2) The reception of the input signal stations, and predicted 1 mV/m contour of any TV translator, TV booster, FM for all other classes of stations). translator or FM booster station; or [35 FR 15388, Oct. 2, 1970, as amended at 45 FR (3) The direct reception by the public 37842, June 5, 1980; 52 FR 31405, Aug. 20, 1987; of the off-the-air signals of any author- 55 FR 50693, Dec. 10, 1990] ized broadcast station including TV Channel 6 stations, Class D (secondary) § 74.1202 Frequency assignment. noncommercial educational FM sta- (a) An applicant for a new FM broad- tions, and previously authorized and cast translator station or for changes operating FM translators and FM in the facilities of an authorized trans- booster stations. Interference will be lator station shall endeavor to select a considered to occur whenever reception channel on which its operation is not of a regularly used signal is impaired likely to cause interference to the re- by the signals radiated by the FM ception of other stations. The applica- translator or booster station, regard- tion must be specific with regard to the less of the quality of such reception, frequency requested. Only one output the strength of the signal so used, or channel will be assigned to each trans- the channel on which the protected sig- lator station. nal is transmitted. (b) Subject to compliance with all (b) If interference cannot be properly the requirements of this subpart, FM eliminated by the application of suit- broadcast translators may be author- able techniques, operation of the of- ized to operate on the following FM fending FM translator or booster sta- channels, regardless of whether they tion shall be suspended and shall not be are assigned for local use in the FM resumed until the interference has Table of Allotments (§ 73.202(b) of this been eliminated. Short test trans- chapter): missions may be made during the pe- (1) Commercial FM translators: Chan- riod of suspended operation to check nels 221–300 as identified in § 73.201 of the efficacy of remedial measures. If a this chapter. complainant refuses to permit the FM (2) Noncommercial FM translators: translator or booster licensee to apply Channels 201–300 as identified in § 73.201 remedial techniques which demon- of this chapter. Use of reserved chan- strably will eliminate the interference

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without impairment to the original re- mercial or noncommercial educational ception, the licensee of the FM trans- FM broadcast stations, FM translators, lator or booster station is absolved of and Class D (secondary) noncommer- further responsibility for that com- cial educational FM stations; or if it plaint. would result in new or increased over- (c) An FM booster station will be ex- lap with an LP100 station, as set forth: empted from the provisions of para- (1) Commercial Class B FM Stations graphs (a) and (b) of this section to the (Protected Contour: 0.5 mV/m) extent that it may cause limited interference to its primary station’s signal, Fre- Interference contour of Protected contour of provided it does not disrupt the existing quency separa- proposed translator sta- commercial Class B service of its primary station or cause tion tion station such interference within the boundaries of the principal community of its Co- 0.05 mV/m (34 dBu) 0.5 mV/m (54 dBu) chan- primary station. nel. (d) A fill-in FM translator operating 200 kHz 0.25 mV/m (48 dBu) 0.5 mV/m (54 dBu) on the first, second or third adjacent 400 kHz/ 50.0 mV/m (94 dBu) 0.5 mV/m (54 dBu) channel to its primary station’s chan- 600 kHz. nel will be exempt from the provisions of paragraphs (a) and (b) of this section (2) Commercial Class B1 FM Stations to the extent that it may cause limited (Protected Contour: 0.7 mV/m) interference to its primary station’s signal, provided it does not disrupt the Fre- existing service of its primary station quency Interference contour of Protected contour of separa- proposed translator sta- commercial Class B1 or cause such interference within the tion tion station boundaries of the principal community of its primary station. Co- 0.07 mV/m (37 dBu) 0.7 mV/m (57 dBu) chan- (e) It shall be the responsibility of nel. the licensee of an FM translator or FM 200 kHz 0.35 mV/m (51 dBu) 0.5 mV/m (57 dBu) booster station to correct any condi- 400 kHz/ 70.0 mV/m (97 dBu) 0.7 mV/m (57 dBu) tion of interference which results from 600 the radiation of radio frequency energy kHz. by its equipment on any frequency out- (3) All Other Classes of FM Stations side the assigned channel. Upon notice (Protected Contour: 1 mV/m) by the Commission to the station licensee that such interference is being Fre- caused, the operation of the FM trans- quency Interference contour of Protected contour of separa- proposed translator any other station lator or FM booster station shall be tion suspended within three minutes and shall not be resumed until the inter- Co- 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) chan- ference has been eliminated or it can nel. be demonstrated that the interference 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) is not due to spurious emissions by the 400 kHz/ 100 mV/m (100 dBu) 1 mV/m (60 dBu) FM translator or FM booster station; 600 provided, however, that short test trans- kHz. missions may be made during the period of suspended operation to check (4) LP100 stations (Protected Con- the efficacy of remedial measures. tour: 1 mV/m) [55 FR 50693, Dec. 10, 1990, as amended at 60 Fre- quency Interference contour of Protected contour of FR 55484, Nov. 1, 1995] separa- proposed translator sta- LP100 LPFM station tion tion § 74.1204 Protection of FM broadcast, FM Translator and LP100 stations. Co- 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) chan- (a) An application for an FM trans- nel. lator station will not be accepted for 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) filing if the proposed operation would involve overlap of predicted field contours with any other authorized com-

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NOTE TO PARAGRAPH (a)(4): LP100 stations, ference will occur due to intervening to the purposes of determining overlap pur- terrain, lack of population or such suant to this paragraph, LPFM applications other factors as may be applicable. and permits that have not yet been licensed (e) The provisions of this section will must be considered as operating with the maximum permitted facilities. All LPFM not apply to overlap between a pro- TIS stations must be protected on the basis posed fill-in FM translator station and of a nondirectional antenna. its primary station operating on a (b) The following standards must be first, second or third adjacent channel, used to compute the distances to the provided That such operation may not pertinent contours: result in interference to the primary (1) The distances to the protected station within its principal commu- contours are computed using Figure 1 nity. of § 73.333 [F(50,50) curves] of this chap- (f) An application for an FM trans- ter. lator station will not be accepted for (2) The distances to the interference filing even though the proposed oper- contours are computed using Figure 1a ation would not involve overlap of field of § 73.333 [F(50,10) curves] of this chap- strength contours with any other sta- ter. In the event that the distance to tion, as set forth in paragraph (a) of the contour is below 16 kilometers this section, if the predicted 1 mV/m (approximately 10 miles), and therefore field strength contour of the FM trans- not covered by Figure 1a, curves in lator station will overlap a populated Figure 1 must be used. area already receiving a regularly used, (3) The effective radiated power off-the-air signal of any authorized co- (ERP) to be used is the maximum ERP channel, first, second or third adjacent of the main radiated lobe in the perti- channel broadcast station, including nent azimuthal direction. If the trans- Class D (secondary) noncommercial mitting antenna is not horizontally po- educational FM stations and grant of larized only, either the vertical compo- the authorization will result in inter- nent or the horizontal component of ference to the reception of such signal. the ERP should be used, whichever is (g) An application for an FM trans- greater in the pertinent azimuthal di- lator or an FM booster station that is rection. 53 or 54 channels removed from an FM (4) The antenna height to be used is radio broadcast station will not be ac- the height of the radiation center cepted for filing if it fails to meet the above the average terrain along each required separation distances set out in pertinent radial, determined in accord- § 73.207 of this chapter. For purposes of ance with § 73.313(d) of this chapter. determining compliance with § 73.207 of (c) An application for a change (other this chapter, translator stations will be than a change in channel) in the au- treated as Class A stations and booster thorized facilities of an FM translator stations will be treated the same as station will be accepted even though their FM radio broadcast station overlap of field strength contours equivalents. FM radio broadcast sta- would occur with another station in an tion equivalents will be determined in area where such overlap does not al- accordance with §§ 73.210 and 73.211 of ready exist, if: this chapter, based on the booster sta- (1) The total area of overlap with tion’s ERP and HAAT. Provided, how- that station would not be increased: ever, that FM translator stations and (2) The area of overlap with any booster stations operating with less other station would not increase; than 100 watts ERP will be treated as (3) The area of overlap does not move class D stations and will not be subject significantly closer to the station re- to intermediate frequency separation ceiving the overlap; and, requirements. (4) No area of overlap would be cre- (h) An application for an FM trans- ated with any station with which the lator station will not be accepted for overlap does not now exist. filing if it specifies a location within (d) The provisions of this section con- 320 kilometers (approximately 199 cerning prohibited overlap will not miles) of either the Canadian or Mexi- apply where the area of such overlap can borders and it does not comply lies entirely over water. In addition, an with § 74.1235(d) of this part. application otherwise precluded by this (i) FM booster stations shall be sub- section will be accepted if it can be ject to the requirement that the signal demonstrated that no actual inter- of any first adjacent channel station

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must exceed the signal of the booster FM Channel Distance station by 6 dB at all points within the (kilometers) protected contour of any first adjacent 205 ...... 140 channel station, except that in the case 206 ...... 137 of FM stations on adjacent channels at 207 ...... 135 208 ...... 135 spacings that do not meet the min- 209 ...... 135 imum distance separations specified in 210 ...... 135 § 73.207 of this chapter, the signal of 211 ...... 135 212 ...... 135 any first adjacent channel station 213 ...... 135 must exceed the signal of the booster 214 ...... 134 by 6 dB at any point within the pre- 215 ...... 134 dicted interference free contour of the 216 ...... 133 217 ...... 133 adjacent channel station. 218 ...... 132 (j) FM translator stations authorized 219 ...... 132 prior to June 1, 1991 with facilities that 220 ...... 131 do not comply with the predicted interference protection provisions of this (b) Collocated stations. An application section, may continue to operate, pro- for a noncommercial educational FM vided that operation is in conformance translator station operating on Chan- with § 74.1203 regarding actual inter- nels 201–220 and located at 0.4 kilo- ference. Applications for major meter (approximately 0.25 mile) or less changes in FM translator stations from a TV Channel 6 station will be ac- must specify facilities that comply cepted if it includes a certification with provisions of this section. that the applicant has coordinated its antenna with the affected TV station. [55 FR 50694, Dec. 10, 1990, as amended at 56 (c) Contour overlap. Except as pro- FR 56170, Nov. 1, 1991; 58 FR 42025, Aug. 6, vided in paragraph (b) of this section, 1993; 65 FR 7649, Feb. 15, 2000; 65 FR 67304, an application for a noncommercial Nov. 9, 2000; 65 FR 79780, Dec. 20, 2000] educational FM translator station op- § 74.1205 Protection of channel 6 TV erating on Channels 201–220 will not be broadcast stations. accepted if the proposed operation would involve overlap of its inter- The provisions of this section apply ference field strength contour with any to all applications for construction per- TV Channel 6 station’s Grade B con- mits for new or modified facilities for a tour, as set forth below. noncommercial educational FM trans- (1) The distances to the TV Channel 6 lator station on Channels 201–220, un- station Grade B (47 dBu) field strength less the application is accompanied by contour will be predicted according to a written agreement between the NCE– the procedures specified in § 73.684 of FM translator applicant and each af- this chapter, using the F(50,50) curves fected TV Channel 6 broadcast station in § 73.699, Figure 9 of this chapter. licensee or permittee concurring with (2) The distances to the applicable the proposed NCE–FM translator facil- noncommercial educational FM trans- ity. lator interference contour will be pre- (a) An application for a construction dicted according to the procedures permit for new or modified facilities specified in § 74.1204(b) of this part. for a noncommercial educational FM (3) The applicable noncommercial translator station operating on Chan- educational FM translator interference nels 201–220 must include a showing contours are as follows: that demonstrates compliance with paragraph (b), (c) or (d) of this section Interference if it is within the following distances of Contour FM channel F(50,10) a TV broadcast station which is au- curves thorized to operate on Channel 6. (dBu)

Distance 201 ...... 54 FM Channel (kilometers) 202 ...... 56 203 ...... 59 201 ...... 148 204 ...... 62 202 ...... 146 205 ...... 64 203 ...... 143 206 ...... 69 204 ...... 141 207 ...... 73

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Interference commercial educational translator op- Contour erating on a reserved channel (Channel FM channel F(50,10) curves 201–220) and owned and operated by the (dBu) licensee of the primary noncommercial 208 ...... 73 educational FM station it rebroadcasts 209 ...... 73 complies with either paragraph (b)(1) 210 ...... 73 or (b)(2) of this section: 211 ...... 73 212 ...... 74 (1) The applicant demonstrates that: 213 ...... 75 (i) The transmitter site of the pro- 214 ...... 77 posed FM translator station is within 215 ...... 78 216 ...... 80 80 kilometers of the predicted 1 mV/m 217 ...... 81 contour of the primary station to be 218 ...... 85 rebroadcast; or, 219 ...... 88 220 ...... 90 (ii) The transmitter site of the proposed FM translator station is more (d) FM translator stations authorized than 160 kilometers from the trans- prior to June 1, 1991 with facilities that mitter site of any authorized full serv- do not comply with the predicted inter- ice noncommercial educational FM ference protection provisions of this station; or, section, may continue to operate, pro- (iii) The application is mutually ex- vided that operation is in conformance clusive with an application containing with § 74.1203 regarding actual inter- the showing as required by ference. Applications for major § 74.1231(b)(2) (i) or (ii) of this section; changes in FM translator stations or, must specify facilities that comply (iv) The application is filed after Oc- with the provisions of this section. tober 1, 1992. (2) If the transmitter site of the pro- [55 FR 50695, Dec. 10, 1990, as amended at 58 FR 42025, Aug. 6, 1993] posed FM translator station is more than 80 kilometers from the predicted 1 § 74.1231 Purpose and permissible mV/m contour of the primary station service. to be rebroadcast or is within 160 kilo- (a) FM translators provide a means meters of the transmitter site of any whereby the signals of FM broadcast authorized full service noncommercial stations may be retransmitted to areas educational FM station, the applicant in which direct reception of such FM must show that: broadcast stations is unsatisfactory (i) An alternative frequency can be due to distance or intervening terrain used at the same site as the proposed barriers. FM translator’s transmitter location (b) An FM translator may be used for and can provide signal coverage to the the purpose of retransmitting the sig- same area encompassed by the appli- nals of a primary FM radio broadcast cant’s proposed 1 mV/m contour; or, station or another translator station (ii) An alternative frequency can be the signal of which is received directly used at a different site and can provide through space, converted, and suitably signal coverage to the same area en- amplified. However, an FM translator compassed by the applicant’s proposed providing fill-in service may use any 1 mV/m contour. terrestrial facilities to receive the sig- NOTE: For paragraphs 74.1231(b) and nal that is being rebroadcast. An FM 74.1231(h) of this section, auxiliary intercity booster station or a noncommercial relay station frequencies may be used to de- educational FM translator station that liver signals to FM translator and booster is operating on a reserved channel stations on a secondary basis only. Such use (Channels 201–220) and is owned and op- shall not interfere with or otherwise pre- erated by the licensee of the primary clude use of these frequencies for transmit- noncommercial educational station it ting aural programming between the studio rebroadcasts may use alternative sig- and transmitter location of a broadcast station, or between broadcast stations, as pro- nal delivery means, including, but not vided in paragraphs 74.531 (a) and (b) of this limited to, satellite and terrestrial part. Prior to filing an application for an microwave facilities. Provided, how- auxiliary intercity relay microwave fre- ever, that an applicant for a non- quency, the applicant shall notify the local

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frequency coordination committee, or, in the length of any particular announcement absence of a local frequency coordination will be left to the discretion of the committee, any licensees assigned the use of translator station licensee. Solicita- the proposed operating frequency in the in- tions of contributions shall be limited tended location or area of operation. to the defrayal of the costs of installa- (c) The transmissions of each FM tion, operation and maintenance of the translator or booster station shall be translator or acknowledgements of fi- intended only for direct reception by nancial support for those purposes. the general public. An FM translator Such acknowledgements may include or booster shall not be operated solely identification of the contributors, the for the purpose of relaying signals to size or nature of the contributions and one or more fixed received points for advertising messages of contributors. retransmission, distribution, or further Emergency transmissions shall be no relaying in order to establish a point- longer or more frequent than necessary to-point FM radio relay system. to protect life and property. (d) The technical characteristics of (h) FM broadcast booster stations the retransmitted signals shall not be provide a means whereby the licensee deliberately altered so as to hinder re- of an FM broadcast station may pro- ception on conventional FM broadcast vide service to areas in any region receivers. within the primary station’s predicted, (e) An FM translator shall not delib- authorized service contours. An FM erately retransmit the signals of any broadcast booster station is authorized station other than the station it is au- to retransmit only the signals of its thorized to retransmit. Precautions primary station which have been re- shall be taken to avoid unintentional ceived directly through space and suit- retransmission of such other signals. ably amplified, or received by alter- (f) A locally generated radio fre- native signal delivery means including, quency signal similar to that of an FM but not limited to, satellite and terres- broadcast station and modulated with trial microwave facilities. The FM aural information may be connected to booster station shall not retransmit the input terminals of an FM trans- the signals of any other station nor lator for the purpose of transmitting make independent transmissions, ex- voice announcements. The radio fre- cept that locally generated signals may quency signals shall be on the same be used to excite the booster apparatus channel as the normally used off-the- for the purpose of conducting tests and air signal being rebroadcast. Connec- measurements essential to the proper tion of the locally generated signals installation and maintenance of the ap- shall be made by any automatic means paratus. when transmitting originations con- NOTE: In the case of an FM broadcast sta- cerning financial support. The connection authorized with facilities in excess of tions for emergency transmissions may those specified by § 73.211 of this chapter, an be made manually. The apparatus used FM booster station will only be authorized to generate the local signal that is within the protected contour of the class of used to modulate the FM translator station being rebroadcast as predicted on the must be capable of producing an aural basis of the maximum powers and heights set forth in that section for the applicable class signal which will provide acceptable re- of FM broadcast station concerned. ception on FM receivers designed for the transmission standards employed [35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 FR 31406, Aug. 20, 1987; by FM broadcast stations. 53 FR 14803, Apr. 26, 1988; 54 FR 35342, Aug. 25, (g) The aural material transmitted as 1989; 55 FR 50695, Dec. 10, 1990; 57 FR 41111, permitted in paragraph (f) of this sec- Sept. 9, 1992; 58 FR 42026, Aug. 6, 1993; 63 FR tion shall be limited to emergency 33879, June 22, 1998] warnings of imminent danger and to seeking or acknowledging financial § 74.1232 Eligibility and licensing re- support deemed necessary to the con- quirements. tinued operation of the translator. (a) Subject to the restrictions set Originations concerning financial sup- forth in paragraph (d) of this section, a port are limited to a total of 30 seconds license for an FM broadcast translator an hour. Within this limitation the station may be issued to any qualified

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individual, organized group of individ- ter, a co-owned commercial FM trans- uals, broadcast station licensee, or lator will only be authorized within the local civil governmental body, upon an protected contour of the class of sta- appropriate showing that plans for fi- tion being rebroadcast, as predicted on nancing the installation and operation the basis of the maximum powers and of the translator are sufficiently sound heights set forth in that section for the to assure prompt construction of the applicable class of FM broadcast sta- translator and dependable service. tion concerned. An FM translator sta- (b) More than one FM translator may tion in operation prior to March 1, 1991, be licensed to the same applicant, which is owned by a commercial FM whether or not such translators serve (primary) station and whose coverage substantially the same area, upon an contour extends beyond the protected appropriate showing of technical need contour of the primary station, may for such additional stations. FM trans- continue to be owned by such primary lators are not counted as FM stations station until March 1, 1994. Thereafter, for the purpose of § 73.3555 of this chap- any such FM translator station must ter concerning multiple ownership. be owned by independent parties. An NOTE: As used in this section need refers to FM translator station in operation the quality of the signal received and not to prior to June 1, 1991, which is owned by the programming content, format, or trans- a commercial FM radio broadcast sta- mission needs of an area. tion and whose coverage contour ex- (c) Only one input and one output tends beyond the protected contour of channel will be assigned to each FM the primary station, may continue to translator. Additional FM translators be owned by a commercial FM radio may be authorized to provide addi- broadcast station until June 1, 1994. tional reception. A separate applica- Thereafter, any such FM translator tion is required for each FM translator station must be owned by independent and each application shall be complete parties. in all respects. (e) An FM translator station whose (d) An authorization for an FM trans- coverage contour goes beyond the pro- lator whose coverage contour extends tected contour of the commercial pri- beyond the protected contour of the mary station shall not receive any sup- commercial primary station will not be port, before or after construction, ei- granted to the licensee or permittee of ther directly or indirectly, from the a commercial FM radio broadcast sta- commercial primary FM radio broad- tion. Similarly, such authorization will cast station. Such support also may not be granted to any person or entity not be received from any person or en- having any interest whatsoever, or any tity having any interest whatsoever, or connection with a primary FM station. any connection with the primary FM Interested and connected parties ex- station. Interested and connected par- tend to group owners, corporate parties extend to group owners, corporate ents, shareholders, officers, directors, parents, shareholders, officers, direc- employees, general and limited part- tors, employees, general and limited ners, family members and business as- partners, family members and business sociates. For the purposes of this para- associates. Such an FM translator sta- graph, the protected contour of the pri- tion may, however, receive technical mary station shall be defined as fol- assistance from the primary station to lows: the predicted 0.5mV/m contour the extent of installing or repairing for commercial Class B stations, the equipment or making adjustments to predicted 0.7 mV/m contour for com- equipment to assure compliance with mercial Class B1 stations and the pre- the terms of the translator station’s dicted 1 mV/m field strength contour construction permit and license. FM for all other FM radio broadcast sta- translator stations in operation prior tions. The contours shall be as pre- to March 1, 1991 may continue to re- dicted in accordance with § 73.313(a) ceive contributions or support from the through (d) of this chapter. In the case commercial primary station for the op- of an FM radio broadcast station au- eration and maintenance of the trans- thorized with facilities in excess of lator station until March, 1, 1994. those specified by§ 73.211 of this chap- Thereafter, any such FM translator

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station shall be subject to the prohibi- such circumstances existed at the time tions on support contained in this sec- of its filing. tion. Such an FM translator station [35 FR 15388, Oct. 2, 1970, as amended at 43 FR may, however, receive technical assist- 14660, Apr. 7, 1978; 52 FR 10571, Apr. 2, 1987; 52 ance from the primary station to the FR 31406, Aug. 20, 1987; 55 FR 50696, Dec. 10, extent of installing or repairing equip- 1990; 58 FR 42026, Aug. 6, 1993] ment or making adjustments to equipment to assure compliance with the § 74.1233 Processing FM translator and terms of the translator station’s con- booster station applications. struction permit and license. FM trans- (a) Applications for FM translator lator stations in operation prior to and booster stations are divided into June 1, 1991 may continue to receive two groups: contributions or support from a com- (1) In the first group are applications mercial FM radio broadcast station for for new stations or for major changes the operation and maintenance of the in the facilities of authorized stations. translator station until June 1, 1994. For FM translator stations, a major Thereafter, any such FM translator change is any change in frequency station shall be subject to the prohibi- (output channel) except changes to tions on support contained in this sec- first, second or third adjacent chan- tion. nels, or intermediate frequency chan- NOTE: ‘‘Technical assistance’’ refers to ac- nels, and any change in antenna loca- tual services provided by the primary station where the station would not con- tion’s technical staff or compensation for the tinue to provide 1 mV/m service to time and services provided by independent some portion of its previously author- engineering personnel. Conversely, such sup- ized 1 mV/m service area. All other port must not include the supply of equip- changes will be considered minor. All ment or direct funding for the translator’s discretionary use. ‘‘Technical assistance’’ major changes are subject to the provi- must occur after the issuance of the trans- sions of §§ 73.3580 and 1.1104 of this lator’s construction permit or license in chapter pertaining to major changes. order to meet expenses incurred by install- (2) In the second group are applica- ing, repairing, or making adjustments to tions for licenses and all other changes equipment. in the facilities of the authorized sta- (f) An FM broadcast booster station tion. will be authorized only to the licensee (b) Processing booster and reserved or permittee of the FM radio broadcast band FM translator applications. station whose signals the booster sta- (1) Applications for minor modification will retransmit, to serve areas tions for reserved band FM translator within the protected contour of the pri- stations, as defined in paragraph (a)(2) mary station, subject to Note, of this section, may be filed at any § 74.1231(h) of this part. time, unless restricted by the FCC, and (g) No numerical limit is placed upon will be processed on a ‘‘first come/first the number of FM booster stations served’’ basis, with the first acceptable which may be licensed to a single li- application cutting off the filing rights censee. A separate application is re- of subsequent, conflicting applicants. quired for each FM booster station. FM The FCC will periodically release a broadcast booster stations are not Public Notice listing those applica- counted as FM broadcast stations for tions accepted for filing. Conflicting the purposes of § 73.5555 of this chapter applications received on the same day concerning multiple ownership. will be treated as simultaneously filed (h) Any authorization for an FM and mutually exclusive. Conflicting ap- translator station issued to an appli- plications received after the filing of a cant described in paragraphs (d) and (e) first acceptable application will be of this section will be issued subject to grouped, according to filing date, be- the condition that it may be termi- hind the lead application in a queue. nated at any time, upon not less than The priority rights of the lead appli- sixty (60) days written notice, where cant, against all other applicants, are the circumstances in the community or determined by the date of filing, but area served are so altered as to have the filing date for subsequent, con- prohibited grant of the application had flicting applicants only reserves a

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place in the queue. The rights of an ap- be non-mutually exclusive; tentative plicant in a queue ripen only upon a selectees determined pursuant to the final determination that the lead appli- point system procedures set forth in cant is unacceptable and if the queue § 73.7003 of this chapter; and acceptable member is reached and found accept- applications. The Public Notices will able. The queue will remain behind the also announce: additional procedures lead applicant until a construction per- to be followed for certain groups of ap- mit is finally granted, at which time plications; deadlines for filing addi- the queue dissolves. tional information; and dates by which (2) All other applications for booster petitions to deny must be filed in ac- stations and reserved band FM trans- cordance with the provisions of § 73.7004 lator stations will be processed as near- of this chapter. If the applicant is duly ly as possible in the order in which qualified, and upon examination, the they are filed. Such applications will be placed in the processing line in nu- FCC finds that the public interest, con- merical sequence, and will be drawn by venience and necessity will be served the staff for study, the lowest file num- by the granting of the application, it ber first. In order that those applica- will be granted. If an application is tions which are entitled to be grouped found not to be acceptable for filing, for processing may be fixed prior to the the application will be returned, and time processing of the earliest filed ap- subject to the amendment require- plication is begun, the FCC will peri- ments of § 73.3522 of this chapter. odically release a Public Notice listing (c) In the case of an application for reserved band applications that have an instrument of authorization, other been accepted for filing and announc- than a license pursuant to a construc- ing a date (not less than 30 days after tion permit, grant will be based on the publication) on which the listed appli- application, the pleadings filed, and cations will be considered available such other matters that may be offi- and ready for processing and by which cially noticed. Before a grant can be all mutually exclusive applications made it must be determined that: and/or petitions to deny the listed ap- (1) There is not pending a mutually plications must be filed. exclusive application. (3) Applications for reserved band FM (2) The applicant is legally, tech- translator stations will be processed nically, financially and otherwise using filing window procedures. The FCC will specify by Public Notice, a pe- qualified; riod for filing reserved band FM trans- (3) The applicant is not in violation lator applications for a new station or of any provisions of law, the FCC rules, for major modifications in the facili- or established policies of the FCC; and ties of an authorized station. FM trans- (4) A grant of the application would lator applications for new facilities or otherwise serve the public interest, for major modifications will be accept- convenience and necessity. ed only during these specified periods. (d) Processing non-reserved band FM Applications submitted prior to the translator applications. window opening date identified in the (1) Applications for minor modifica- Public Notice will be returned as pre- tions for non-reserved band FM trans- mature. Applications submitted after lator stations, as defined in paragraph the specified deadline will be dismissed (a)(2) of this section, may be filed at with prejudice as untimely. any time, unless restricted by the FCC, (4) Timely filed applications for new and will be processed on a ‘‘first come/ facilities or for major modifications for first served’’ basis, with the first ac- reserved band FM Translators will be ceptable application cutting off the fil- processed pursuant to the procedures ing rights of subsequent, conflicting set forth in subpart K of Part 73 (§ 73.7000 et seq.) Subsequently, the FCC applicants. The FCC will periodically will release Public Notices identifying: release a Public Notice listing those mutually exclusive groups of applica- applications accepted for filing. Appli- tions; applications received during the cations received on the same day will window filing period which are found to be treated as simultaneously filed and,

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if they are found to be mutually exclu- garding the modification and dismissal sive, must be resolved through settle- of their short-form applications. ment or technical amendment. Con- (iv) Consistent with § 1.2105(a), begin- flicting applications received after the ning January 1, 1999, all short-form ap- filing of a first acceptable application plications must be filed electronically. will be grouped, according to filing (3) Subsequently, the FCC will re- date, behind the lead application in a lease Public Notices: queue. The priority rights of the lead (i) Identifying the short-form appli- applicant, against all other applicants, cations received during the appropriate are determined by the date of filing, filing period or ‘‘window’’ which are but the filing date for subsequent, con- found to be mutually exclusive; flicting applicants only reserves a (ii) Establishing a date, time and place in the queue. The rights of an ap- place for an auction; plicant in a queue ripen only upon a (iii)Providing information regarding final determination that the lead appli- the methodology of competitive bid- cant is unacceptable and if the queue ding to be used in the upcoming auc- member is reached and found accept- tion, bid submission and payment pro- able. The queue will remain behind the cedures, upfront payment procedures, lead applicant until a construction per- upfront payment deadlines, minimum mit is finally granted, at which time opening bid requirements and applica- the queue dissolves. ble reserve prices in accordance with (2)(i) The FCC will specify by Public the provisions of § 73.5002; (iv) Identifying applicants who have Notice, pursuant to § 73.5002(a), a period submitted timely upfront payments for filing non-reserved band FM trans- and, thus, are qualified to bid in the lator applications for a new station or auction. for major modifications in the facili- (4) If, during the window filing pe- ties of an authorized station. FM trans- riod, the FCC receives non-mutually lator applications for new facilities or exclusive applications for a non-re- for major modifications will be accept- served FM translator station, a Public ed only during these specified periods. Notice will be released identifying the Applications submitted prior to the non-mutually exclusive applicants, window opening date identified in the who will be required to submit the ap- Public Notice will be returned as pre- propriate long form application within mature. Applications submitted after 30 days of the Public Notice and pursu- the specified deadline will be dismissed ant to the provisions of § 73.5005. These with prejudice as untimely. non-mutually exclusive applications (ii) Such FM translator applicants will be processed and the FCC will peri- will be subject to the provisions of odically release a Public Notice listing §§ 1.2105 and 73.5002(a) regarding the such non-mutually exclusive applica- submission of the short-form applications determined to be acceptable for tion, FCC Form 175, and all appropriate filing and announcing a date by which certifications, information and exhib- petitions to deny must be filed in ac- its contained therein. To determine cordance with the provisions of which FM translator applications are §§ 73.5006 and 73.3584 of this chapter. If mutually exclusive, FM translator ap- the applicants are duly qualified, and plicants must submit the engineering upon examination, the FCC finds that data contained in FCC Form 349 as a the public interest, convenience and supplement to the short-form applica- necessity will be served by the grant- tion. Such engineering data will not be ing of the non-mutually exclusive long- studied for technical acceptability, but form application, the same will be will be protected from subsequently granted. filed applications as of the close of the (5)(i) Pursuant to § 1.2107 of this chap- window filing period. Determinations ter, a winning bidder that meets its as to the acceptability or grantability down payment obligations in a timely of an applicant’s proposal will not be manner must, within 30 days of the re- made prior to an auction. lease of the public notice announcing (iii) FM translator applicants will be the close of the auction, submit the ap- subject to the provisions of § 1.2105 re- propriate long-form application for

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each construction permit for which it vide fill-in service of commonly owned was the winning bidder. Long-form ap- primary stations, the FCC may stipu- plications filed by winning bidders late different frequencies as necessary shall include the exhibits identified in for the applicants. § 73.5005 of this chapter. (3) Where there are no available fre- (ii) These applications will be proc- quencies to substitute for a mutually essed and the FCC will periodically re- exclusive application, the FCC will lease a Public Notice listing such ap- apply the same point system identified plications that have been accepted for for full service reserved band FM sta- filing and announcing a date by which tions in § 73.7003(b) of this chapter. In petitions to deny must be filed in ac- the event of a tie, the FCC will con- cordance with the provisions of § 73.3584 sider: of this chapter. If the applicants are duly qualified, and upon examination, (i) Existing authorizations. Each appli- the FCC finds that the public interest, cant’s number of existing radio author- convenience and necessity will be izations (licenses and construction per- served by the granting of the winning mits for AM, FM, and FM-translators bidder’s long-form application, a Pub- but excluding fill-in translators) as of lic Notice will be issued announcing the time of application shall be com- that the construction permit is ready pared, and the applicant with the few- to be granted. Each winning bidder est authorizations will be chosen as shall pay the balance of its winning bid tentative selectee. If each applicant is in a lump sum within 10 business days applying for a fill-in translator only, after release of the Public Notice, as and consideration of its other radio set forth in § 1.2109(a). Construction stations is not dispositive, its number permits will be granted by the Commis- of existing fill-in translator authoriza- sion following the receipt of the full tions will also be considered, and the payment. fill-in applicant with the fewest fill-in (iii) All long-form applications will authorizations will be chosen as ten- be cut-off as of the date of filing with tative selectee. the FCC and will be protected from (ii) Existing applications. If a tie re- subsequently filed long-form translator mains, after the tie breaker in para- applications. Applications will be re- graph (e)(3)(i) of this section, the required to protect all previously filed maining applicant with the fewest applications. Winning bidders filing long-form applications may change the pending radio new and major change technical proposals specified in their applications (AM, FM, and non fill-in previously submitted short-form appli- FM translators) will be chosen as ten- cations, but such change may not con- tative selectee. If each applicant is ap- stitute a major change. If the sub- plying for a fill-in translator only, and mitted long-form application would consideration of its other radio sta- constitute a major change from the tions is not dispositive, its number of proposal submitted in the short-form existing fill-in translator applications application or the allotment, the long- will also be considered, and the fill-in form application will be returned pur- applicant with the fewest fill-in au- suant to paragraph (d)(2)(i) of this sec- thorizations will be chosen as tentative tion. selectee. (e) Selection of mutually exclusive (iii) Where the procedures in para- reserved band FM translator applica- graphs (e)(1), (e)(2) and (e)(3)(i) and tions. (e)(3)(ii) of this section fail to resolve (1) Applications for FM translator the mutual exclusivity, the applica- stations proposing to provide fill-in tions will be processed on a first-come- service (within the primary station’s first-served basis. protected contour) of the commonly owned primary station will be given [63 FR 48632, Sept. 11, 1998, as amended at 64 priority over all other applications. FR 19502, Apr. 21, 1999; 65 FR 36382, June 8, (2) Where applications for FM trans- 2000; 66 FR 15357, Mar. 19, 2001; 67 FR 45375, lator stations are mutually exclusive July 9, 2002] and do not involve a proposal to pro-

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§ 74.1234 Unattended operation. provide fill-in service within the pri- (a) A station authorized under this mary station’s coverage area will not subpart may be operated without a des- be accepted for filing if it specifies an ignated person in attendance if the fol- effective radiated power (ERP) which lowing requirements are met: exceeds 250 watts. (1) If the transmitter site cannot be (b) An application for an FM trans- reached promptly at all hours and in lator station, other than one for fill-in all seasons, means shall be provided so service which is covered in paragraph that the transmitting apparatus can be (a) of this section, will not be accepted turned on and off at will from a point for filing if it specifies an effective ra- which is readily accessible at all hours diated power (ERP) which exceeds the and in all seasons. maximum ERP (MERP) value deter- (2) The transmitter shall also be mined in accordance with this para- equipped with suitable automatic cir- graph. The antenna height above aver- cuits which will place it in a nonradi- age terrain (HAAT) shall be determined ating condition in the absence of a sig- in accordance with § 73.313(d) of this nal on the input channel. chapter for each of 12 distinct radials, (3) The on-and-off control (if at a lo- with each radial spaced 30 degrees cation other than the transmitter site) apart and with the bearing of the first and the transmitting apparatus, shall radial bearing true north. Each raidal be adequately protected against tam- HAAT value shall be rounded to the pering by unauthorized persons. nearest meter. For each of the 12 radial (4) The FCC in Washington, DC, At- directions, the MERP is the value cor- tention: Audio Division, Media Bureau, responding to the calculated HAAT in shall be supplied by letter with the the following tables that is appropriate name, address, and telephone number for the location of the translator. For of a person or persons who may be con- an application specifying a nondirec- tacted to secure suspension of oper- tional transmitting antenna, the speci- ation of the translator promptly should fied ERP must not exceed the smallest such action be deemed necessary by the of the 12 MERP’s. For an application Commission. Such information shall be specifying a directional transmitting kept current by the licensee. antenna, the ERP in each azimuthal di- (5) Where the antenna and supporting rection must not exceed the MERP for structure are required to be painted the closest of the 12 radial directions. and lighted under the provisions of (1) For FM translators located east of Part 17 of this chapter, the licensee the Mississippi River or in Zone I–A as shall make suitable arrangements for described in § 73.205(b) of this chapter: the daily inspection and logging of the Maximum obstruction lighting and associated Radial HAAT (meters) ERP (MERP control equipment as required by in watts) §§ 17.47, 17.48, and 17.49 of this chapter. Less than or equal to 32 ...... 250 (b) An application for authority to 33 to 39 ...... 170 construct a new station pursuant to 40 to 47 ...... 120 48 to 57 ...... 80 this subpart or to make changes in the 58 to 68 ...... 55 facilities of such a station, which pro- 69 to 82 ...... 38 poses unattended operation shall in- 83 to 96 ...... 27 97 to 115 ...... 19 clude an adequate showing as to the 116 to 140 ...... 13 manner of compliance with this sec- Greater than or equal to 141 ...... 10 tion. (2) For FM translators located in all [35 FR 15388, Oct. 2, 1970, as amended at 37 FR other areas: 18540, Sept. 13, 1972; 38 FR 25992, Sept. 17, 1973; 60 FR 55484, Nov. 1, 1995; 63 FR 33879, Maximum June 22, 1998; 67 FR 13234, Mar. 21, 2002] Radial HAAT (meters) ERP (MERP in watts)

§ 74.1235 Power limitations and an- Less than or equal to 107 ...... 250 tenna systems. 108 to 118 ...... 205 (a) An application for an FM trans- 119 to 130 ...... 170 131 to 144 ...... 140 lator station filed by the licensee or 145 to 157 ...... 115 permittee of the primary station to 158 to 173 ...... 92

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Maximum operate with an ERP in excess of 50 Radial HAAT (meters) ERP (MERP watts, up to the maximum permitted in watts) ERP of 250 watts per § 74.1235(b)(2). 174 to 192 ...... 75 However, in no event shall the location 193 to 212 ...... 62 of the 60 dBu contour lie within 116.3 213 to 235 ...... 50 236 to 260 ...... 41 km of the Mexican border. 261 to 285 ...... 34 (3) Applications for translator or 286 to 310 ...... 28 booster stations within 320 km of the 311 to 345 ...... 23 346 to 380 ...... 19 Canadian border may employ an ERP 381 to 425 ...... 15.5 up to a maximum of 250 watts, as speci- 426 to 480 ...... 13 fied in § 74.1235(a) and (b). The distance 481 to 540 ...... 11 Greater than or equal to 541 ...... 10 to the 34 dBu interfering contour may not exceed 60 km in any direction. (c) The effective radiated power of (e) In no event shall a station author- FM booster stations shall be limited ized under this subpart be operated such that the predicted service contour with a transmitter power output (TPO) of the booster station, computed in ac- in excess of the transmitter certifi- cordance with § 73.313 paragraphs (a) cated rating. A station authorized through (d) of this chapter, may not under this subpart for a TPO that is extend beyond the corresponding serv- less than its transmitter certificated ice contour of the primary FM station rating shall determine its TPO in ac- that the booster rebroadcasts. In no cordance with § 73.267 of this chapter event shall the ERP of the booster sta- and its TPO shall not be more than 105 tion exceed 20% of the maximum allow- percent of the authorized TPO. able ERP for the primary station’s (f) Composite antennas and antenna class. arrays may be used where the total (d) Applications for FM translator ERP does not exceed the maximum de- stations located within 320 km of the termined in accordance with para- Canadian border will not be accepted if graphs (a), (b) or (c) of this section. they specify more than 50 watts effec- (g) Either horizontal, vertical, cir- tive radiated power in any direction or cular or elliptical polarization may be have a 34 dBu interference contour, cal- used provided that the supplemental culated in accordance with § 74.1204 of vertically polarized ERP required for this part, that exceeds 32 km. FM circular or elliptical polarization does translator stations located within 320 not exceed the ERP otherwise author- kilometers of the Mexican border must ized. Either clockwise or counter- be separated from Mexican allotments clockwise rotation may be used. Sepa- and assignments in accordance with rate transmitting antennas are per- § 73.207(b)(3) of this chapter and are lim- mitted if both horizontal and vertical ited to a transmitter power output of polarization is to be provided. 10 watts or less. For purposes of com- (h) All applications must comply pliance with that section, FM trans- with § 73.316, paragraphs (d) and (e) of lators will be considered as Class D FM this chapter. stations. (i) An application that specifies use (1) Translator stations located within of a directional antenna must comply 125 kilometers of the Mexican border with § 73.316, paragraphs (c)(1) through may operate with an ERP up to 50 (c)(3) of this chapter. Prior to issuance watts (0.050 kW) ERP. A booster sta- of a license, the applicant must: (1) tion may not produce a 34 dBu inter- Certify that the antenna is mounted in fering contour in excess of 32 km from accordance with the specific instruc- the transmitter site in the direction of tions provided by the antenna manu- the Mexican border, nor may the 60 facturer; and (2) certify that the an- dBu service contour of the booster sta- tenna is mounted in the proper orientation exceed 8.7 km from the trans- tion. In instances where a directional mitter site in the direction of the antenna is proposed for the purpose of Mexican border. providing protection to another facil- (2) Translator stations located be- ity, a condition may be included in the tween 125 kilometers and 320 kilo- construction permit requiring that be- meters from the Mexican border may fore program tests are authorized, a

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permittee: (1) Must submit the results ticable value. Any emissions including of a complete proof-of-performance to intermodulation products and radio- establish the horizontal plane radi- frequency harmonics which are not es- ation patterns for both the hori- sential for the transmission of the de- zontally and vertically polarized radi- sired aural information shall be consid- ation components; and, (2) must certify ered to be spurious emissions. that the relative field strength of nei- (c) The power of emissions appearing ther the measured horizontally nor outside the assigned channel shall be vertically polarized radiation compo- attenuated below the total power of nent shall exceed at any azimuth the the emission as follows: value indicated on the composite radi- Minimum at- ation pattern authorized by the con- tenuation struction permit. Distance of emission from center frequency below unmodulated NOTE: Existing licensees and permittees carrier that do not furnish data sufficient to cal- 120 to 240 kHz ...... 25 dB culate the contours in conformance with Over 240 and up to 600 kHz ...... 35 dB § 74.1204 will be assigned protected contours Over 600 kHz ...... 60 dB having the following radii: Up to 10 watts—1 mile (1.6 km) from trans- (d) Greater attenuation than that mitter site. specified in paragraph (c) of this sec- Up to 100 watts—2 miles (3.2 km) from tion may be required if interference re- transmitter site. sults outside the assigned channel. Up to 250 watts—4 miles (6.5 km) from transmitter site. [35 FR 15388, Oct. 2, 1970, as amended at 52 FR 31406, Aug. 20, 1987; 55 FR 50698, Dec. 10, 1990] (j) FM translator stations authorized prior to June 1, 1991, with facilities § 74.1237 Antenna location. that do not comply with the ERP limi- (a) An applicant for a new station to tation of paragraph (a) or (b) of this be authorized under this subpart or for section, as appropriate, may continue a change in the facilities of such a sta- to operate, provided that operation is tion shall endeavor to select a site in conformance with § 74.1203 regarding which will provide a line-of-sight interference. Applications for major transmission path to the entire area changes in FM translator stations intended to be served and at which must specify facilities that comply there is available a suitable signal with paragraph (a) or (b) of this sec- from the primary station. The trans- tion, as appropriate. mitting antenna should be placed [55 FR 50697, Dec. 10, 1990, as amended at 56 above growing vegetation and trees FR 56170, Nov. 1, 1991; 58 FR 42026, Aug. 6, lying in the direction of the area in- 1993; 62 FR 51063, Sept. 30, 1997; 63 FR 33879, tended to be served, to minimize the June 22, 1998; 63 FR 36605, July 7, 1998] possiblity of signal absorption by foli- age. § 74.1236 Emission and bandwidth. (b) Consideration should be given to (a) The license of a station author- accessibility of the site at all seasons ized under this subpart allows the of the year and to the availability of transmission of either F3 or other facilities for the maintenance and op- types of frequency modulation (see eration of the FM translator. § 2.201 of this chapter) upon a showing (c) Consideration should be given to of need, as long as the emission com- the existence of strong radiofrequency plies with the following: fields from other transmitters at the (1) For transmitter output powers no translator site and the possibility that greater than 10 watts, paragraphs (b), such fields may result in the retrans- (c), and (d) of this section apply. mission of signals originating on fre- (2) For transmitter output powers quencies other than that of the pri- greater than 10 watts, § 73.317 (a), (b), mary station. (c), and (d) apply. (d) The transmitting antenna of an (b) Standard width FM channels will FM booster station shall be located be assigned and the transmitting appa- within the protected contour of its pri- ratus shall be operated so as to limit mary station, subject to Note, § 74.1231 spurious emissions to the lowest prac- (h). The transmitting antenna of a

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commonly owned commercial FM (3) The apparatus shall contain auto- translator station shall be located matic circuits to maintain the power within the protected contour of its output in conformance with § 74.1235(e) commercial primary FM station. of this part. If provision is included for (e) A translator or booster station to adjusting the power output, then the be located on an AM antenna tower or normal operating constants shall be located within 3.2 km of an AM an- specified for operation at both the tenna tower must comply with § 73.1692 rated power output and the minimum of this chapter. power output at which the apparatus is designed to operate. The apparatus [35 FR 15388, Oct. 2, 1970, as amended at 55 FR shall be equipped with suitable meters 50698, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993; or meter jacks so that the operating 62 FR 51063, Sept. 30, 1997] constants can be measured while the apparatus is in operation. § 74.1250 Transmitters and associated equipment. (4) Apparatus rated for transmitter power output of more than 1 watt shall (a) FM translator and booster trans- be equipped with automatic circuits to mitting apparatus, and exciters em- place it in a nonradiating condition ployed to provide a locally generated when no input signal is being received and modulated input signal to trans- in conformance with § 74.1263(b) of this lator and booster equipment, used by part and to transmit the call sign in stations authorized under the provi- conformance with § 74.1283(c)(2) of this sions of this subpart must be certifi- part. cated upon the request of any manufac- (5) For exciters, automatic means turer of transmitters in accordance shall be provided for limiting the level with this section and subpart J of part of the audio frequency voltage applied 2 of this chapter. In addition, FM to the modulator to ensure that a fre- translator and booster stations may quency swing in excess of 75 kHz will use FM broadcast transmitting appa- not occur under any condition of the ratus verified or approved under the modulation. provisions of part 73 of this chapter. [55 FR 50698, Dec. 10, 1990, as amended at 63 (b) Transmitting antennas, antennas FR 36606, July 7, 1998] used to receive signals to be rebroadcast, and transmission lines are not § 74.1251 Technical and equipment subject to the requirement for certifi- modifications. cation. (a) No change, either mechanical or (c) The following requirements must electrical, except as provided in part 2 be met before translator, booster or ex- of this chapter, may be made in FM citer equipment will be certificated in translator or booster apparatus which accordance with this section: has been certificated by the Commis- (1) Radio frequency harmonics and sion without prior authority of the spurious emissions must conform with Commission. the specifications of § 74.1236 of this (b) Formal application on FCC Form part. 349 is required of all permittees and li- (2) The local oscillator or oscillators, censees for any of the following including those in an exciter employed changes: to provide a locally generated and (1) Replacement of the transmitter as modulated input signal to a translator a whole, except replacement with a or booster, when subjected to vari- transmitter of identical power rating ations in ambient temperature between which has been certificated by the FCC minus 30 degrees and plus 50 degrees for use by FM translator or FM booster centigrade, and in primary supply volt- stations, or any change which could re- age between 85 percent and 115 percent sult in the electrical characteristics or of the rated value, shall be sufficiently performance of the station. Upon the stable to maintain the output center installation or modification of the frequency within plus or minus 0.005 transmitting equipment for which percent of the operating frequency and prior FCC authority is not required to enable conformance with the speci- under the provisions of this paragraph, fications of § 74.1261 of this part. the licensee shall place in the station

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records a certification that the new in- tion Number (FCC Form 854R) of the stallation complies in all respects with antenna structure upon which it pro- the technical requirements of this part poses to locate its antenna. In the and the terms of the station authoriza- event the antenna structure does not tion. have a Registration Number, either the (2) A change in the transmitting an- antenna structure owner shall file FCC tenna system, including the direction Form 854 (‘‘Application for Antenna of radiation or directive antenna pat- Structure Registration’’) in accordance tern. with part 17 of this chapter or the ap- (3) Any change in the overall height plicant shall provide a detailed expla- of the antenna structure except where nation why registration and clearance notice to the Federal Aviation Admin- are not required. istration is specifically not required under § 17.14(b) of this chapter. [35 FR 15388, Oct. 2, 1970, as amended at 45 FR 26068, Apr. 17, 1980; 47 FR 24580, June 7, 1982; (4) Any change in the location of the 50 FR 3525, Jan. 25, 1985; 50 FR 23710, June 5, translator or booster except a move 1985; 55 FR 50698, Dec. 10, 1990; 61 FR 4368, within the same building or upon the Feb. 6, 1996; 63 FR 33879, June 22, 1998; 63 FR same pole or tower. 36606, July 7, 1998; 65 FR 79780, Dec. 20, 2000] (5) Any horizontal change in the location of the antenna structure which § 74.1261 Frequency tolerance. would (i) be in excess of 152.4 meters (a) The licensee of an FM translator (500 feet), or (ii) would require notice to or booster station with an authorized the Federal Aviation Administration transmitter power output of 10 watts or pursuant to § 17.7 of the FCC’s rules. less shall maintain the center fre- (6) Any change in the output frequency at the output of the translator quency of a translator. within 0.01 percent of its assigned fre- (7) Any increase of authorized effec- quency. tive radiated power. FM translator and (b) The licensee of an FM translator booster stations may decrease ERP on or booster station with an authorized a modification of license application transmitter power output greater than provided that exhibits are included to 10 watts shall maintain the center fre- demonstrate that the following re- quency at the output of the translator quirements are met: or booster station in compliance with (i) The license application may not the requirement of § 73.1545(b)(1) of this propose to eliminate the authorized chapter. horizontally polarized ERP, if a horizontally polarized ERP is currently au- [55 FR 50699, Dec. 10, 1990] thorized; (ii) The installed height of the an- § 74.1262 Frequency monitors and tenna radiation center is not increased measurements. by more than two meters nor decreased (a) The licensee of a station author- by more than four meters from the au- ized under this subpart is not required thorized height for the antenna radi- to provide means for measuring the op- ation center; and erating frequency of the transmitter. (iii) The station is not presently au- However, only equipment having the thorized with separate horizontal and required stability will be approved for vertical antennas mounted at different use by an FM translator or booster. heights. Use of separate horizontal and (b) In the event that a station au- vertical antennas requires a construc- thorized under this subpart is found to tion permit before implementation or be operating beyond the frequency tol- changes. erance prescribed in § 74.1261, the li- (8) Any change in area being served. censee shall promptly suspend oper- (c) Changes in the primary FM sta- ation of the station and shall not re- tion being retransmitted must be sub- sume operation until the station has mitted to the FCC in writing. been restored to its assigned frequency. (d) Any application proposing a Adjustment of the frequency deter- change in the height of the antenna mining circuits of an FM translator or structure or its location must also in- booster shall be made by a qualified clude the Antenna Structure Registra- person in accordance with § 74.1250(g).

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§ 74.1263 Time of operation. the Commission. Furthermore, the sta- (a) The licensee of an FM translator tion’s license will expire as a matter of or booster station is not required to ad- law, without regard to any causes be- here to any regular schedule of oper- yond control of the licensee or to any ation. However, the licensee of an FM authorization pursuant to paragraph translator or booster station is ex- (c) of this section, if the station fails to pected to provide a dependable service transmit broadcast signals for any con- to the extent that such is within its secutive 12-month period, notwith- control and to avoid unwarranted standing any provision, term, or condi- interruptions to the service provided. tion of the license to the contrary. (b) An FM translator or booster station rebroadcasting the signal of a pri- [55 FR 50699, Dec. 10, 1990, as amended at 61 FR 28768, June 6, 1996] mary station shall not be permitted to radiate during extended periods when § 74.1265 Posting of station license. signals of the primary station are not being retransmitted. (a) The station license and any other (c) The licensee of an FM translator instrument of authorization or indi- or booster station must notify the vidual order concerning the construc- Commission of its intent to dis- tion of the station or the manner of op- continue operations for 30 or more con- eration shall be kept in the station secutive days. Notification must be record file maintained by the licensee made within 10 days of the time the so as to be available for inspection station first discontinues operation upon request to any authorized rep- and Commission approval must be ob- resentative of the Commission. tained for such discontinued operation (b) The call sign of the translator or to continue beyond 30 days. The notifi- booster together with the name, ad- cation shall specify the causes of the dress, and telephone number of the li- discontinued operation and a projected censee or local representative of the li- date for the station’s return to oper- censee if the licensee does not reside in ation, substantiated by supporting doc- the community served by the trans- umentation. If the projected date for lator or booster, and the name and ad- the station’s return to operation cannot be met, another notification and dress of a person and place where sta- further request for discontinued oper- tion records are maintained, shall be ations must be submitted in conform- displayed at the translator or booster ance with the requirements of this sec- site on the structure supporting the tion. Within 48 hours of the station’s transmitting antenna, so as to be visi- return to operation, the licensee must ble to a person standing on the ground notify the Commission of such fact. All at the transmitter site. The display notification must be in writing. shall be prepared so as to withstand (d) The licensee of an FM translator normal weathering for a reasonable pe- or booster station must notify the riod of time and shall be maintained in Commission of its intent to perma- a legible condition by the licensee. nently discontinue operations at least [35 FR 15388, Oct. 2, 1970, as amended at 40 FR two days before operation is discon- 24901, June 11, 1975] tinued. Immediately after discontinu- ance of operation, the licensee shall § 74.1269 Copies of rules. forward the station license and other instruments of authorization to the The licensee or permittee of a station FCC, Washington, DC for cancellation. authorized under this subpart shall (e) Failure of an FM translator or have a current copy of Volumes I (parts booster station to operate for a period 0, 1, 2 and 17) and III (parts 73 & 74) of of 30 or more consecutive days, except the Commission’s Rules and shall make for causes beyond the control of the li- the same available for use by the oper- censee or authorized pursuant to para- ator in charge. Each such licensee or graph (c) of this section, shall be permittee shall be familiar with those deemed evidence of discontinuation of rules relating to stations authorized operation and the license of the station under this subpart. Copies of the Com- may be cancelled at the discretion of mission’s Rules may be obtained from

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the Superintendent of Documents, Gov- signed in order and requests for the as- ernment Printing Office, Washington, signment of particular combinations of DC 20402. letters will not be considered. [55 FR 50699, Dec. 10, 1990] (b) The call sign of an FM booster station will consist of the call sign of § 74.1281 Station records. the primary station followed by the (a) The licensee of a station author- letters ‘‘FM’’ and the number of the ized under this Subpart shall maintain booster station being authorized, e.g., adequate station records, including the WFCCFM–1. current instrument of authorization, (c) A translator station authorized official correspondence with the FCC, under this subpart shall be identified maintenance records, contracts, per- by one of the following methods. mission for rebroadcasts, and other (1) By arranging for the primary sta- pertinent documents. tion whose station is being rebroadcast (b) Entries required by § 17.49 of this to identify the translator station by chapter concerning any observed or call sign and location. Three such iden- otherwise known extinguishment or tifications shall be made during each improper functioning of a tower light: day: once between 7 a.m. and 9 a.m., (1) The nature of such extinguish- once between 12:55 p.m. and 1:05 p.m. ment or improper functioning. and once between 4 p.m. and 6 p.m. Sta- (2) The date and time the extinguish- tions which do not begin their broad- ment of improper operation was ob- cast before 9 a.m. shall make their first served or otherwise noted. identification at the beginning of their (3) The date, time and nature of ad- broadcast days. The licensee of an FM justments, repairs or replacements translator whose station identification made. is made by the primary station must (c) The station records shall be main- arrange for the primary station li- tained for inspection at a residence, of- censee to keep in its file, and to make fice, or public building, place of busi- available to FCC personnel, the trans- ness, or other suitable place, in one of lator’s call letters and location, giving the communities of license of the the name, address and telephone num- translator or booster, except that the ber of the licensee or his service rep- station records of a booster or trans- resentative to be contacted in the lator licensed to the licensee of the pri- event of malfunction of the translator. mary station may be kept at the same It shall be the responsibility of the place where the primary station translator licensee to furnish current records are kept. The name of the per- information to the primary station li- son keeping station records, together censee for this purpose. with the address of the place where the (2) By transmitting the call sign in records are kept, shall be posted in ac- International Morse Code at least once cordance with § 74.1265(b) of the rules. each hour. Transmitters of FM broad- The station records shall be made cast translator stations of more than 1 available upon request to any author- watt transmitter output power must be ized representative of the Commission. equipped with an automatic keying de- (d) Station logs and records shall be vice that will transmit the call sign at retained for a period of two years. least once each hour, unless there is in [48 FR 44807, Sept. 30, 1983] effect a firm agreement with the translator’s primary station as provided in § 74.1283 Station identification. § 74.1283(c)(1) of this section. Trans- (a) The call sign of an FM broadcast mission of the call sign can be accom- translator station will consist of the plished by: initial letter K or W followed by the (i) Frequency shifting key; the car- channel number assigned to the trans- rier shift shall not be less than 5 kHz lator and two letters. The use of the nor greater than 25 kHz. initial letter will generally conform to (ii) Amplitude modulation of the FM the pattern used in the broadcast serv- carrier of at least 30 percent modula- ice. The two letter combinations fol- tion. The audio frequency tone use lowing the channel number will be as- shall not be within 200 hertz of the

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Emergency Broadcast System Atten- Antennas (ITFS) ...... 74.937 tion signal alerting frequencies. Application Processing—ITFS ...... 74.911 Application requirements of Part 73 applicable 74.910 (d) FM broadcast booster stations to ITFS. shall be identified by their primary Applications, Notification of filing (All Services) .. 74.12 stations, by the broadcasting of the Assignment, Frequency— Experimental Broadcast Station ...... 74.103 primary station’s call signs and loca- Remote Pickup ...... 74.402 tion, in accordance with the provisions Aural broadcast auxiliary stations ...... 74.502 of § 73.1201 of this chapter. TV Auxiliaries ...... 74.602 (e) The Commission may, in its dis- LPTV/TV Translators ...... 74.702 ITFS ...... 74.902 cretion, specify other methods of iden- FM Translators/Boosters ...... 74.1202 tification. Authorization of equipment— Aural Auxiliary ...... 74.550 [55 FR 50699, Dec. 10, 1990] Remote Pickup ...... 74.451 TV Auxiliaries ...... 74.655 § 74.1284 Rebroadcasts. Lw Power Auxiliaries ...... 74.851 ITFS ...... 74.952 (a) The term rebroadcast means the FM Translators/Boosters ...... 74.1250 reception by radio of the programs or Authorization, Temporary— Aural broadcast auxiliary stations ...... 74.537 other signals of a radio station and the Remote Pickup ...... 74.433 simultaneous retransmission of such TV Auxiliaries ...... 74.633 programs or signals for direct recep- Low Power Auxiliaries ...... 74.833 tion by the general public. Authorized emission— Experimental Broadcast Station ...... 74.133 (b) The licensee of an FM translator Remote Pickup ...... 74.462 shall not rebroadcast the programs of Aural broadcast auxiliary stations ...... 74.535 any FM broadcast station or other FM TV Auxiliaries ...... 74.637 LPTV/TV Translators ...... 74.736 translator without obtaining prior con- ITFS ...... 74.936 sent of the primary station whose pro- FM Translators/Boosters ...... 74.1236 grams are proposed to be retrans- Authorized frequencies (remote broadcast pick- 74.402 up). mitted. The Commission shall be noti- Automatic relay stations (Remote pickup) ...... 74.436 fied of the call letters of each station Avoidance of interference (TV Auxiliaries) ...... 74.604 rebroadcast and the licensee of the FM B translator shall certify that written Bandwidth and emissions authorized— consent has been received from the li- Remote Pickup ...... 74.462 censee of the station whose programs Aural broadcast auxiliary stations ...... 74.535 are retransmitted. LPTV/TV Translators ...... 74.736 IFTS ...... 74.936 (c) An FM translator is not author- FM Translators/Boosters ...... 74.1236 ized to rebroadcast the transmissions Boosters, Signal UHF translator ...... 74.733 of any class of station other than an Broadcast regulations applicable to LPTV, TV 74.780 translators, and TV boosters. FM broadcast station or another FM Broadcasting emergency information (All serv- 74.21 translator. ices). C § 74.1290 FM translator and booster Changes of Equipment— station information available on the Experimental Broadcast Stations ...... 74.151 Internet. Remote Pickup ...... 74.452 The Media Bureau’s Audio Division Aural broadcast auxiliary stations ...... 74.551 TV Auxiliaries ...... 74.651 provides information on the Internet ITFS ...... 74.951 regarding FM translator and booster Channel assignments (LPTV/TV Translator) ...... 74.702 stations, rules, and policies at http:// Channels, Sound (TV Auxiliaries) ...... 74.603 Charges, Program Service, (Experimental 74.182 www.fcc.gov/mb/audio. Broadcast Stations). [67 FR 13234, Mar. 21, 2002] Classes of stations— Aural broadcast auxiliary stations ...... 74.501 TV Auxiliaries ...... 74.601 ALPHABETICAL INDEX—PART 74 Construction permit, Statement of under- 74.112 A standing, (Experimental Broadcast Stations). Additional orders by FCC (All Services) ...... 74.28 Copies of the rules— Antenna, Directional (Aural STL/Relays) ...... 74.536 LPTV/TV Translators ...... 74.769 Antenna location— ITFS ...... 74.969 LPTV/TV Translator ...... 74.737 FM Translators/Boosters ...... 74.1269 FM Translators/Boosters ...... 74.1237 Cross Reference (All Services) ...... 74.5 Antenna structure, marking and lighting (All 74.30 Services). D Antenna structure, Use of common (All Serv- 74.22 Definitions— ices). General ...... 74.2 Antenna systems (TV Auxiliaries) ...... 74.641 Remote Pickup ...... 74.401 558

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LPTV/TV translators ...... 74.701 I Low Power Auxiliaries ...... 74.801 ITFS ...... 74.901 Identification of station— FM Translators/Boosters ...... 74.1201 Experimental Broadcast Stations ...... 74.183 Directional antenna required (Aural STL/Relays) 74.536 Remote Pickup ...... 74.482 Aural broadcast auxiliary stations ...... 74.582 E TV Auxiliaries ...... 74.682 Emergency information Broadcasting (All Serv- 74.21 LPTV/TV Translators ...... 74.783 ices). Low Power Auxiliaries ...... 74.882 Emission authorized— ITFS ...... 74.982 Experimental Broadcast Stations ...... 74.133 FM Translators/Boosters ...... 74.1283 Remote Pickup ...... 74.462 Information on the Internet, FM translator and 74.1290 Aural broadcast auxiliary stations ...... 74.535 booster stations. TV Auxiliaries ...... 74.637 Inspection of station by FCC (All Services) ...... 74.3 LPTV/TV Translators ...... 74.736 Interference— ITFS ...... 74.936 LPTV/TV Translators ...... 74.703 FM Translators/Boosters ...... 74.1236 ITFS ...... 74.903 Equipment and installation— FM Translators/Boosters ...... 74.1203 FM Translators/Boosters ...... 74.1250 Interference avoidance (TV Auxiliaries) ...... 74.604 Equipment authorization— Interference—safety of life and property (All 74.23 Aural broadcast auxiliary stations ...... 74.550 Services). Remote Pickup ...... 74.451 ITFS— TV Auxiliaries ...... 74.655 Application processing ...... 74.911 Application requirements from part 73 ...... 74.910 Low Power Auxiliaries ...... 74.851 Interference ...... 74.903 ITFS ...... 74.952 Petition to deny ...... 74.912 FM Translators/Boosters ...... 74.1250 Purpose and permissible service ...... 74.931 Equipment Changes— Response station hubs ...... 74.939 Experimental Broadcast Station ...... 74.151 Response stations (individually licensed) .... 74.940 Remote Pickup ...... 74.452 Response stations (ITFS; individually li- 74.949 Aural broadcast auxiliary stations ...... 74.551 censed). TV Auxiliaries ...... 74.651 Signal booster stations ...... 74.985 LPTV/TV Translators ...... 74.751 Transmission standards ...... 74.938 Low Power Auxiliaries ...... 74.852 Wireless cable use ...... 74.990 ITFS ...... 74.951 L FM Translators/Boosters ...... 74.1251 Equipment, Notification of— Land mobile station protection (from LPTV) ...... 74.709 Aural broadcast auxiliary stations ...... 74.550 License period, Station (All Services) ...... 74.15 TV Auxiliaries ...... 74.655 Licenses, Posting of— Equipment Performance— Experimental Broadcast Stations ...... 74.165 FM Tanslators/Boosters ...... 74.1250 Remote pickup broadcast stations ...... 74.432 Equipment tests (All Services) ...... 74.13 Aural broadcast auxiliary stations ...... 74.564 Experimental Broadcast station ...... 74.101 TV Auxiliaries ...... 74.664 Experimental Broadcast Station, Uses of ...... 74.102 LPTV/TV Translators ...... 74.765 Extension of station licenses, Temporary (All 74.16 Low power auxiliary stations ...... 74.832 Services). ITFS ...... 74.965 FM Translators/Boosters ...... 74.1265 F Licenses, station, Temporary extension (All 74.16 Filing of applications, Notification of (All Serv- 74.12 Services). ices). Licensing requirements— Frequencies, Authorized (Remote broadcast 74.402 Experimental Broadcast Stations ...... 74.131 pickup). Remote Pickup ...... 74.432 Frequency assignment— Aural broadcast auxiliary stations ...... 74.532 Experimental Broadcast Stations ...... 74.103 TV Auxiliaries ...... 74.632 Remote Pickup ...... 74.402 LPTV/TV Translators ...... 74.732 Aural broadcast auxiliary stations ...... 74.502 Low Power Auxiliaries ...... 74.832 TV Auxiliary ...... 74.602 ITFS ...... 74.932 LPTV/TV Translators ...... 74.702 FM Translators/Boosters ...... 74.1232 Low Power Auxiliaries ...... 74.802 Lighting and Marking of antenna structures (All 74.30 ITFS ...... 74.902 Services). FM Translators/Boosters ...... 74.1202 Limitations on power— Frequency monitors and measurements— Experimental Broadcast Stations ...... 74.132 Experimental Broadcast Stations ...... 74.162 Remote Pickup ...... 74.461 Remote Pickup ...... 74.465 Aural broadcast auxiliary stations ...... 74.534 Aural broadcast auxiliary stations ...... 74.562 TV Auxiliaries ...... 74.636 TV Auxiliaries ...... 74.662 LPTV/TV Translators ...... 74.735 LPTV/TV Translators ...... 74.762 ITFS ...... 74.935 ITFS ...... 74.962 FM Translators/Boosters ...... 74.1235 FM Translators/Boosters ...... 74.1262 LPTV, Broadcast rules applicable to ...... 74.780 Frequency tolerance— M Experimental Broadcast Stations ...... 74.161 Remote Pickup ...... 74.464 Marking and lighting of antenna structures (All 74.30 Aural broadcast auxiliary stations ...... 74.561 Services). TV Auxiliaries ...... 74.661 Modification of transmission systems— LPTV/TV Translators ...... 74.761 LPTV/TV Translators ...... 74.751 ITFS ...... 74.961 ITFS ...... 74.951 FM Translator/Boosters ...... 74.1261 FM Translators and Boosters ...... 74.1251 Modulation limits— 559

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TV Auxiliaries ...... 74.663 ITFS ...... 74.970 R Modulation monitors and measurements (ITFS) 74.971 Rebroadcasts— Modulation requirements (Remote Pickup) ...... 74.463 Experimental Broadcast Stations ...... 74.184 Monitors and measurements, Frequency— LPTV/TV Translators ...... 74.784 Experimental Broadcast Stations ...... 74.162 ITFS ...... 74.984 Remote Pickup ...... 74.465 FM Translators/Boosters ...... 74.1284 Aural broadcast auxiliary stations ...... 74.562 Records, Station (Experimental Broadcast Sta- 74.181 TV Auxiliaries ...... 74.662 tions). LPTV/TV Translators ...... 74.762 Regulations, Broadcast, applicable to LPTV and 74.780 ITFS ...... 74.962 TV translators. FM Translators/Boosters ...... 74.1262 Relay stations, Automatic, (Remote Pickup) ...... 74.436 Multiple ownership— Remote pickup broadcast frequencies ...... 74.402 Experimental Broadcast Stations ...... 74.134 Remote control operation— LPTV/TV Translator ...... 74.732 Aural broadcast auxiliary stations ...... 74.533 TV Auxiliaries ...... 74.634 N Remote pickup stations, Rules special to ...... 74.431 Notification of filing of applications (All Services) 74.12 Renewal, Supplementary report (Experimental 74.113 Broadcast Stations). O Response station hubs (ITFS) ...... 74.939 Operation, Remote control— Response stations (ITFS; individually licensed) 74.940 Aural broadcast auxiliary stations ...... 74.533 Rules, Copies of— TV Auxiliaries ...... 74.634 LPTV/TV Translators ...... 74.769 Operation, Short term (All Services) ...... 74.24 ITFS ...... 74.969 Operation, Time of— FM Translators/Boosters ...... 74.1269 Experimental Broadcast Stations ...... 74.163 Rules special to Remote Pickup stations ...... 74.431 LPTV/TV Translator ...... 74.763 ITFS ...... 74.963 S FM Translator/Boosters ...... 74.1263 Safety of life and property-interference jeopardy 74.23 Operation, Unattended (and/or attended)— (All services). Aural broadcast auxiliary stations ...... 74.533 Scope (of Subpart—General) ...... 74.1 TV Auxiliaries ...... 74.635 Service or program tests (All Services) ...... 74.14 LPTV/TV Translators ...... 74.734 Service, Permissible— ITFS ...... 74.934 Aural broadcast auxiliary stations ...... 74.531 FM Translators/Boosters ...... 74.1234 TV Auxiliaries ...... 74.631 Operator requirements, General (All Services) .. 74.18 LPTV/TV Translators ...... 74.731 Orders, Additional (All Services) ...... 73.28 Low Power Auxiliaries ...... 74.831 Ownership, Multiple— ITFS ...... 74.931 Experimental Broadcast Stations ...... 74.134 FM Translators/Boosters ...... 74.1231 LPTV/TV Translators ...... 74.732 Service, Scope of (Low Power Auxiliaries) ...... 74.831 P Short term operation (All services) ...... 74.24 Permissible service— Signal boosters— Aural broadcast auxiliary stations ...... 74.531 UHF translator (LPTV/TV Translators) ...... 74.733 TV Auxiliaries ...... 74.631 ITFS ...... 74.985 LPTV/TV Translators ...... 74.731 Sound channels (TV Auxiliaries) ...... 74.603 Low Power Auxiliaries ...... 74.831 Statement of understanding (Construction per- 74.112 ITFS ...... 74.931 mit-Experimental Broadcast Stations). FM Translators/Boosters ...... 74.1231 Station identification— Petitions to deny: ITFS ...... 74.912 Experimental Broadcast Stations ...... 74.183 Posting of licenses— Remote Pickup ...... 74.482 Experimental Broadcast Stations ...... 74.165 Aural broadcast auxiliary stations ...... 74.582 Remote pickup broadcast stations ...... 74.432 TV Auxiliaries ...... 74.682 Aural broadcast auxiliary stations ...... 74.564 LPTV/TV Translators ...... 74.783 TV Auxiliaries ...... 74.664 Low Power Auxiliaries ...... 74.882 LPTV/TV Translators ...... 74.765 ITFS ...... 74.982 Low power auxiliary stations ...... 74.832 FM Translators/Boosters ...... 74.1283 ITFS ...... 74.965 Station inspection by FCC (All Services) ...... 74.3 FM Translators/Boosters ...... 74.1265 Station license period (All Services) ...... 74.15 Power limitations— Station records (Experimental Broadcast Sta- 74.181 Experimental Broadcast Stations ...... 74.132 tions). Aural broadcast auxiliary stations ...... 74.534 T TV Auxiliaries ...... 74.636 LPTV/TV Translators ...... 74.735 Technical requirements (Low Power Auxiliaries) 74.861 ITFS ...... 74.935 Temporary authorizations— FM Translators/Boosters ...... 74.1235 Remote Pickup ...... 74.433 Program or service tests (All Services) ...... 74.14 Aural broadcast auxiliary stations ...... 74.537 Program service, Charges (Experimental Broad- 74.182 TV Auxiliaries ...... 74.633 cast Stations). Low Power Auxiliaries ...... 74.833 Protection by LPTV— Temporary extension of stations licenses (All 74.16 To broadcast stations ...... 74.705 Services). To other LPTV and TV Translator stations 74.707 Tests, Equipment (All Services) ...... 74.13 To Land Mobile stations ...... 74.709 Tests, Service or program (All Services) ...... 74.14 Purpose of service— Time of operation— LPTV/TV Translators ...... 74.731 Experimental Broadcast Stations ...... 74.163 ITFS ...... 74.931 LPTV/TV Translators ...... 74.763 FM Translators/Boosters ...... 74.1231 ITFS ...... 74.963 FM Translators/Boosters ...... 74.1263 560

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Tolerance, Frequency— Subpart B—Registration Statements Experimental Broadcast Stations ...... 74.161 Remote Pickup ...... 74.464 76.29 Special temporary authority. Aural broadcast auxiliary stations ...... 74.561 TV Auxiliaries ...... 74.661 LPTV/TV Translators ...... 74.761 Subpart C—Federal-State/Local Regulatory ITFS ...... 74.961 Relationships [Reserved] FM Translator/Boosters ...... 74.1261 Translator signal boosters, UHF (LPTV/TV 74.733 Subpart D—Carriage of Television Translators). Translators, TV, Purpose of (LPTV/TV Trans- 74.731 Broadcast Signals lators). 76.51 Major television markets. Transmission standards (ITFS) ...... 74.938 Transmission system facilities (LPTV/TV Trans- 74.750 76.53 Reference points. lators). 76.54 Significantly viewed signals; method Transmission systems, modification of— to be followed for special showings. LPTV/TV Translator ...... 74.751 76.55 Definitions applicable to the must- ITFS ...... 74.951 carry rules. FM Translators/Boosters ...... 74.1251 Transmissions, Permissible (Low Power Auxil- 74.831 76.56 Signal carriage obligations. iaries). 76.57 Channel positioning. Transmitter power (Remote Pickup) ...... 74.461 76.59 Modification of television markets. Transmitters and associated equipment (FM 74.1250 76.60 Compensation for carriage. Translators/Boosters). 76.61 Disputes concerning carriage. TV boosters, Broadcast rules applicable to 74.780 76.62 Manner of carriage. (LPTV/TV Translators/TV Boosters. TV Broadcast station protection (from LPTV/TV 74.705 76.64 Retransmission consent. Translators). 76.65 Good faith and exclusive retrans- TV, Low Power and translators, protection to 74.707 mission consent complaints. (LPTV/TV Translators). 76.66 Satellite broadcast signal carriage. TV translators, Broadcast rules applicable to 74.780 76.70 Exemption from input selector switch (LPTV/TV Translators). rules. U UHF translator signal boosters (LPTV/TV Trans- 74.733 Subpart E—Equal Employment Opportunity lators). Requirements Unattended operation— Aural broadcast auxiliary stations ...... 74.531 76.71 Scope of application. TV Auxiliaries ...... 74.635 76.73 General EEO policy. LPTV/TV Translators ...... 74.734 ITFS ...... 74.934 76.75 EEO program requirements. FM Translators/Boosters ...... 74.1234 76.77 Reporting requirements. Use of common antenna structure (All services) 74.22 76.79 Records available for public inspec- V [Reserved] tion. W Wireless cable usage of ITFS ...... 74.990 Subpart F—Network Non-duplication Pro- X-Z [Reserved] tection, Syndicated Exclusivity and [50 FR 38535, Sept. 23, 1985, as amended at 51 Sports Blackout FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, 76.92 Cable network non-duplication; extent 1987; 52 FR 47569, Dec. 15, 1987; 63 FR 33879, of protection. June 22, 1998; 63 FR 65127, Nov. 25, 1998; 64 FR 76.93 Parties entitled to network non-dupli- 63744, Nov. 22, 1999] cation protection. 76.94 Notification. PART 76—MULTICHANNEL VIDEO 76.95 Exceptions. AND CABLE TELEVISION SERVICE 76.101 Cable syndicated program exclusivity: extent of protection. 76.103 Parties entitled to syndicated exclu- Subpart A—General sivity. Sec. 76.105 Notification. 76.1 Purpose. 76.106 Exceptions. 76.3 Other pertinent rules. 76.107 Exclusivity contracts. 76.5 Definitions. 76.108 Indemnification contracts. 76.6 General pleading requirements. 76.109 Requirements for invocation of pro- 76.7 General special relief, waiver, enforce- tection. ment, complaint, show cause, forfeiture, 76.110 Substitutions. and declaratory ruling procedures. 76.111 Cable sports blackout. 76.8 Status conference. 76.120 Network non-duplication protection, 76.9 Confidentiality of proprietary informa- syndicated exclusivity and sports black- tion. out rules for satellite carriers: Defini- 76.10 Review. tions. 76.11 Lockbox enforcement. 76.122 Satellite network non-duplication. 561

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